bluuebunny/crossref_metadata_2025 huggingface dataset:
Value and the Expressive Conditions of the Subjective Will
Authors: Moyar Dean
Published: February 2021

This chapter analyzes the pivotal “Morality” section that makes subjective rights and universal welfare essential to the overall conception of justice. It is shown that Hegel’s analysis of the “deed” motivates the move to intentional action in which subjective value and the right to satisfaction come to the fore. The tension between objective and subjective value in the intention leads to the decisive conflict of abstract right and morality in the “right of necessity.” With the Basic Argument template it is shown why the right of necessity leads to an all-encompassing conception of value, the Good, that Hegel calls “the final purpose of the world.” The treatment of formal and true conscience is read in dialogue with the theory of justification that John Rawls calls reflective equilibrium. The chapter argues that conscience is the individual justification akin to reflective equilibrium, and that the transition out of “Morality” highlights the deficiencies of the individual (as opposed to institutional) reflective equilibrium model.
The Circulation of Value in Civil Society and the State
Authors: Moyar Dean
Published: February 2021

This chapter utilizes the structure of life and valid inference to analyze the internal structure of Civil Society and the State as well as the relationship between the two institutional spheres. The chapter unpacks the passage from the Logic in which Hegel describes the State as a totality of inferences with the three terms of individuals, their needs, and the government. It is shown that the “system of needs” itself forms a quasi-living institutional system of estates centered on the division of labor. This system’s inadequacy motivates the role of the “police” and corporation as ethical agencies, forms of the Good, within Civil Society. While the move to the State overcomes the individualism of “needs,” the right of the individual remains in the dynamics of “settling one’s own account” in receiving from the State a return on one’s duty to the State. Hegel treats the State proper as a constitution consisting of three powers of government that form a totality of inferential relations that has the full structure of a living organism. The executive power is examined in detail as the particularizing element in the system.
A Dream of the Judgment Day
Authors: Smith John Howard
Published: February 2021

The End is near! This phrase, so well known in the contemporary United States, invokes images of manic self-proclaimed prophets of doom standing on street corners shouting their warnings and predictions to amused or indifferent passersby. However, such proclamations have long been a feature of the American cultural landscape, and were never exclusively the domain of wild-eyed fanatics. A Dream of the Judgment Day describes the origins and development of American apocalypticism and millennialism from the beginnings of English colonization of North America in the early 1600s through the formation of the United States and its travails in the nineteenth century. It explores the reasons why varieties of millennialism are an essential component of American exceptionalism, and focuses upon the nation’s early history to better establish how millennialism and apocalypticism are the keys to understanding early American history and religious identity. This sweeping history of eschatological thought in early America encompasses not just traditional and non-traditional Christian beliefs in the end of the world, but also how American Indians and African Americans have likewise been influenced by, and have expressed, those beliefs in unique ways.
“The Earth Would Become as New Again”
Authors: Smith John Howard
Published: February 2021

North America’s indigenous peoples already dwelled in an apocalyptic nightmare by the time of French, Dutch, and English colonization in the 1600s. Epidemic diseases had begun wiping out vast numbers of people, especially in areas of direct contact between natives and newcomers, which triggered agricultural failures that brought privation and attendant intratribal and intertribal conflicts later exploited and exacerbated by the colonizers. What had once been robust populations of many hundreds of Indian cultures and burgeoning nations had by the 1600s been reduced to near shadows of past glories. This chapter explores the intermittent movements for pan-Indian unity grounded in apocalyptic predictions of Indian extinction absent a complete reformation and revitalization of the old traditional religions.
Introduction
Authors: Bausell R. Barker
Published: February 2021

The scientific reproducibility crisis is introduced as a paradigmatic shift in the culture and behaviors of the members of one of the most crucial societal institutions. Technically it involves a change from the 20th century methodological emphasis upon the internal validity and generalizability of scientific results to a greater emphasis upon the extent to which results are reproducible and not simply “wrong.” The need for this sea change has been recognized by some methodologically oriented scientists for decades, but it wasn’t until this century that the virtual blizzard of positive but false results began to worry enough scientists to approach the status of anything approaching the status of a movement. A movement if you will that received a steroidal boost by John Ioannidis’ iconic and reasoned 2005 article entitled “Why Most Published Research Findings Are False.” The book is therefore designed to tell the story of this dedicated cadre of 21st century researchers who recognized what had become a genuine scientific crisis and consequently dedicated their considerable talents and expertise to ameliorate its effects. It is a story involving a plethora of correctable questionable behaviors that allowed scientists to get themselves into this extraordinary situation. The book leans heavily on the well documented work of hundreds of other scientists who have taken it upon themselves to show their colleagues how to conduct science that can be reproduced by others and thereby contribute to the greater good. So in a sense this a story of modern science at its best and worst, but ultimately it is an optimistic telling of a corrective change in the culture and the credibility of an absolutely crucial societal institution.
Publication Bias
Authors: Bausell R. Barker
Published: February 2021

Publication bias, defined as a “tendency for positive results to be overrepresented in the published literature,” was recognized and bemoaned as early as the 17th century by the chemist Robert Boyle. In the latter half of the 20th century, it began to be recognized as an increasingly serious scientific problem characterized by a deluge of positive published results (actually exceeded 95% in some areas of psychology). And, by the second decade of the 21st century, data mining techniques indicated that the phenomenon had reached epic proportions, not only in psychology and the other social sciences, but in many of the life and physical sciences as well: a finding that might have been viewed as an amusing idiosyncratic scientific fact of life if not for a concomitant realization that most of these positive scientific findings were wrong. And that publication bias, if not a cause of this debacle, was at least a major facilitator. This chapter provides documentation for the high prevalence of this odd phenomenon in a wide swath of myriad empirical scientific literatures along with the accompanying compulsion it fosters for producing positive rather than reproducible results.
Gershom Scholem and the Mystical Foundations of Authority
Authors: Vatter Miguel
Published: February 2021

This chapter is dedicated to reconstructing Gershom Scholem’s analysis of Jewish messianism in light of political theology. Scholem’s political thought is often associated with a critique of any attempt to endow Zionism with messianic traits. This chapter, instead focuses on Scholem’s conception of legal authority, arguing that his historiographical work on the mystical tradition of Judaism shows that the authority of the law is a function of the abdication of divine sovereignty and of a mystical idea of God’s Nothingness. Scholem articulates Jewish political theology around motifs found in Nietzsche’s critique of Christianity and nihilism. His is a political theology of the law after the “death of God.”
Campaign Contributions and Partisan Vote Choice
Authors: Shaw Daron R. , Roberts Brian E. , Baek Mijeong
Published: February 2021

Chapter 6 investigates the effects of campaign finance information on partisan (candidate) vote choice, a separate interest advanced by the Buckley Court in the context of campaign finance disclosure laws. More specifically, survey-based experiments are used to ascertain the impact of information about the amount of money raised by a candidate for office, as well as the source of that money, on a respondent’s likelihood of casting a ballot for that candidate. The data indicate that the amount raised by a candidate matters much less than where that money comes from. In addition, the empirical analysis shows that partisans were often more influenced by information about their own candidate than about the candidate of the opposing party.
Biased Beliefs
Authors: Krzych Scott
Published: February 2021

This chapter considers the challenges faced by documentary filmmakers who have attempted to expose examples of religious fundamentalism as ideological bias. How does one document fundamentalism objectively without also becoming a means for the very spread of the fundamentalist’s message? If documentary filmmakers rely too heavily on their own biases to frame the subject matter, then they risk trading one ideological position for another, as they well know; yet to simply reproduce on-screen the viewpoints of religious fanatics, without commentary or criticism, may result in documentary films that serve the interests of the same subjects they originally intended to expose; documentaries about evangelical Christianity may become just one additional means for evangelizing the “unsaved,” for instance. Turning to examples of fundamentalist documentary—particularly films intent to prove creationism—the chapter explains how evangelical media understands more intimately the creative potential involved in embracing bias as a means to reconstruct common sense on their own terms.
Conclusion
Authors: Krzych Scott
Published: February 2021

The brief conclusion considers some theoretical accounts of the post-truth era in the context of the book’s broader arguments about hysterical discourse. Post-truth is treated as a form of hysterical complaint, an attempt to maintain allegiance to common sense even at the moment that common sense has been rendered obsolete or inapplicable as a viable term in political debate. The conclusion thereby suggests a more psychoanalytic mode of address to political media and representation, one that seeks to learn from the biases of others, treating such biases as the real or unavoidable effects of political antagonism rather than a failure that could be cured by some so-called return to reason, science, or other conventional notions of truth.
Understanding Comparative Bureaucracy
Authors: Peters B. Guy
Published: February 2021

Public bureaucracies are central institutions in the delivery of public services. There has been, however, some tendency to consider all bureaucracies as fundamentally the same. This chapter rejects that assumption and examines a number of different ways of comparing public bureaucracies, including rational choice theory, administrative culture, organization theory, and institutionalism. These approaches have supplied both qualitative and quantitative data for the comparison of administrative systems, and demonstrate the diversity of public administration around the world. These approaches serve as the background to the study of administrative traditions as another powerful approach to understanding how public bureaucracies function.
Colonial creep
Authors: Stroud Christopher
Published: February 2021

This commentary engages with the book’s chapters on colonial linguistics by highlighting that in their struggles to maintain their ancestral sovereignty, Indigenous peoples remind all of us that, for most of our histories as human beings on the Earth, we have exercised and cultivated our individual and collective powers to set in motion dynamic relationships of well-being and mutual benefit. The commentary argues that Indigenous peoples also remind us that it has only been in the last few millennia and in a few aberrant cultures that systems of domination such as patriarchy, ethnocentrism, and accumulation of wealth have sought to assure that our deployment of what Foucault refers to as the ‘awesome materiality’ of these powers no longer serves the life-seeking interests of ourselves, our communities, and humanity, but instead serves the death-seeking interests of processes of domination, such as colonization.
The EU’s engagement with non-European regional organisations on human rights
Authors: Salmon Elizabeth , Killander Magnus
Published: February 2021

The chapter introduces the human rights work of the regional inter-governmental organisations highlighted in the European Union (EU) Strategic Framework on Human Rights and Democracy and discusses the EU’s mandate to engage with these organisations and how this engagement takes place in practice, with a focus on the EU’s engagement with the two regional organisations with the most developed human rights systems outside Europe, the African Union (AU), and the Organization of American States (OAS). The chapter finds that although EU human rights cooperation with regional organisations yields essentially positive results, several challenges remain in relation to the conceptualisation of human rights and democracy, the ownership of the human rights agenda, the coherence in the areas of cooperation, the consistency of the financial aid, and the lack of transparency regarding the results of the financial support.
The EU’s engagement with foreign powers on human rights
Authors: Reis Francisca Costa , Gao Weiyuan , Hegde Vineet
Published: February 2021

With a mandate under the Lisbon Treaty, the European Union (EU) has been engaging with foreign powers like Brazil, Russia, India, China, and South Africa (BRICS) nations on human rights issues. Despite the common and shared goals, the BRICS set-up is not institutionalised, which prompts the EU to engage with each country on a bilateral basis. Such collaborations have occurred in bilateral dialogues, multilateral fora, through developmental assistance, and negotiations in economic partnership agreements. The scope and content of the discussions and cooperation vary due to the difference in the political structures of the countries. While the EU and the BRICS may share some common goals politically and economically, pursuing shared objectives related to democracy and human rights promotion remains challenging. These countries may believe in human rights protection, but the understandings and the approaches vary drastically, as visible when issues of sovereignty and non-intervention are raised to resist comprehensive discussions. Although the BRICS are emerging as an interconnected group and have begun to cooperate more closely in multilateral fora, the EU may also have to consider dealing with it in its institutional capacity. It could be more challenging to fulfill the mandate of the Lisbon Treaty for the EU while dealing with this cohesive group that has different understandings on human rights protection within their own states.
Human Behaviour and the Development of Cities and Regions
Authors: Huggins Robert , Thompson Piers
Published: February 2021

This chapter argues that the roots of behavioural theories of development relate to the interplay between cultural and psychological factors, with institutions playing a moderating role between intended and actualized human behaviour. It proposes that the forms of human agency associated with such behaviour are likely to impact upon urban and regional development outcomes. It introduces the role of power, and how this underpins the means by which agency facilitates institutional change. To connect the arguments made in the preceding sections, it sketches an emergent conceptual behavioural model of urban and regional development, and concludes that urban and regional development theories should seek to engage further with behavioural explanations as a means of understanding long-term evolutionary patterns.
Facts and figures about Huntington’s disease
Authors: Quarrell Oliver
Published: February 2021

This chapter gives a brief history of Huntington’s disease (HD) starting with the original description by George Huntington. The prevalence of HD is discussed together with data variations in different parts of the world. For example the incidence of HD in Europe and North America is approximately 1 person in 10,000. Apart from humans, no other animal naturally develops HD. The condition can start at almost any age but it is more frequent in midlife. The duration of the disease can be very variable but 20 years is often given as an approximate average.
Love and Incest
Authors: Ziogas Ioannis
Published: February 2021

This chapter starts by discussing Orpheus as a figure who combines the roles of the archetypal poet and lawgiver (Horace, Ars Poetica 391–401; Ovid, Metamorphoses 10–11). While in Horace the legendary bard institutes marriage laws, in Ovid he is the founding father of pederasty. Orpheus’ version of the myth of Myrrha (a daughter who fell in love with her father) re-evaluates the prohibition on incest as the origin of the law of the father. Myrrha’s love is an attempt to appropriate patria potestas by challenging the father’s power to say no to incest. What is more, the myths of Orpheus and Myrrha resonate with Augustan Rome: Orpheus bears more than fleeting similarities to the teacher of the Ars amatoria; Cinyras and Myrrha recall Augustus and Julia, a resemblance that opens the gap between the intention of the law of the pater patriae and its undesirable effects.
Revolutionary Freedom
Authors: Chua Daniel K.L.
Published: February 2021

This chapter explores the relation between style and agency inspired by the French Revolution in the formation of the heroic subject and its claims to freedom. In particular, it considers how this ‘stylized agency’ became a musical force or will through the music of Beethoven. A selective analysis and critique of the Eroica Symphony—the symbol of this new-found autonomy in the narrative of Western music history—teases out the ethical and theological ramifications of such freedom. The chapter closes by opening up the conception of freedom in Beethoven’s music to suggest that even in Symphony that calls itself ‘heroic’ there are alternative freedoms to be heard.
Individual and Communal Freedom and the Performance History of the St. Matthew Passion by Bach and Mendelssohn
Authors: Rathey Markus
Published: February 2021

When Felix Mendelssohn Bartholdy performed Johann Sebastian Bach’s St. Matthew Passion in the concert hall of the Berlin Singakademie in 1829, he not only transferred a piece of liturgical music into a secular space, but he also made numerous cuts that changed the theological profile of Bach’s composition. The essay explores the theology of the St. Matthew Passion in the context of early eighteenth-century theology and gives an overview of the original performance conditions and the audiences at the performances in Bach’s time. The second half of the essay analyses how these parameters changed when Mendelssohn conducted the Passion in 1829. It becomes clear that the sociological profile of the audience (educated middle and upper class who had to pay money to attend the performance) remained essentially the same, while the theology shifted from a focus on the freedom of the individual in Bach’s time to an emphasis on the community (congregation, Volk, nation) in the adapted version the Singakademie presented to its listeners in 1829.
Herder’s Alternative Path to Musical Transcendence
Authors: Rumph Stephen
Published: February 2021

Transcendence has become a lively topic in the hermeneutics of Viennese Classicism, but Immanuel Kant’s theory of the sublime has squeezed out competing models. Numerous critics have pointed to moments in the music of Haydn, Mozart, and Beethoven in which the overwhelming or bewildering experience of the sublime tests the limits of the phenomenal self and thereby, as Kant argued, awakens the listener to the supersensory noumenal realm. This chapter offers an alternative model of musical transcendence based on Johann Gottfried Herder’s late aesthetic treatise Kalligone (1800), a polemic aimed directly at Kant. Herder challenged the familiar Kantian account by emphasizing the sensory experience of music, its affinities with language, its temporal nature, and its grounding in the phenomenal realm of bodily experience. Kalligone not only offers an alternative vision of musical transcendence but also suggests intriguing links with current trends in musical scholarship obscured by Herder’s more famous teacher.
Culpability and Negligence
Authors: Kendrick Leslie
Published: February 2021

How blameworthy is negligence? Recently this perennial question has reappeared, with several scholars arguing that negligence is not blameworthy. On this view, actors should be judged only by the information, beliefs, and reasons that they actually had. To hold them blameworthy for things that were not part of their mental calculus is incoherent, unfair, or both. In this essay, I dispute the non-culpability view with both intuitions and arguments about its perverse implications. I also begin to sketch a view that connects the blameworthiness of negligence to the consideration that we attempt to inculcate in ourselves and others. Limiting culpability to a subjective state locates our responsibilities entirely within the confines of our own minds and what we have consciously chosen to take on board. It does not hold us accountable for failing to attend to the world and people around us. This seems wrong in itself. It also has disturbing implications in rewarding obliviousness, a privilege often available only to the lucky few, while penalizing conscientiousness, a trait often thrust upon the marginalized. While this piece offers only a sketch of these issues, it identifies a few sources of resistance to the conclusion that negligence cannot be blameworthy.
Seven virtues
Authors: Beall Jc
Published: February 2021

This chapter presents seven virtues of the contradictory account of Jesus Christ
Introduction
Authors: Hägel Peter
Published: February 2021

Chapter 1 introduces billionaires as the prophets of the neoliberal age, whose entrepreneurship is increasingly shifting from business to other social realms, including politics. Several examples illustrate how the political agency of billionaires goes beyond the national level, and why it is of interest for the study of world politics. It delineates the specific focus of the book: how billionaires, as private actors, can shape public policy across borders, transnationally or within global governance. It discusses the neglect of billionaires as political actors, especially in International Relations, describes the methodological challenges of studying the ultra-wealthy, and explains why the book’s case studies concentrate on billionaires that are U.S. citizens. An outline tells the reader the direction of the inquiry, the main questions, and the major arguments that are being pursued in the following chapters.
Individuals in International Relations
Authors: Hägel Peter
Published: February 2021

Chapter 2 reviews how International Relations (IR) scholarship has been treating individual agency, especially within the dominant theoretical frameworks, Realism, Liberalism, and Constructivism. Various analytical perspectives, such as the “levels-of-analysis,” foreign policy analysis, and the transnational relations approach, have reserved room for the analysis of individuals in world politics. But concerns about academic discipline formation and real-world relevance have led to a widespread neglect of individual actors. While James Rosenau’s research and the integration of social theory into IR offer fruitful ways of thinking about individual agency, they often overemphasize the structural situatedness of actors fulfilling social roles. Revisiting the structure–agency debate, the chapter takes inspiration from Margaret Archer’s sociological insights in order to propose that agency should be analyzed as a variable with an intrasubjective and an intersubjective dimension, which always requires contextual specification. Power, it is argued, should be seen as a disposition, and its exercise vis-à-vis other actors as an intentional project.
Old Problems, New Approaches
Authors: Bailey Mark
Published: February 2021

There is no dispute that on the eve of the Black Death England was gripped by a severe crisis, characterized by high population pressure, extreme poverty, and a petering out of economic growth. Its economic performance meant it was a laggard by European standards. The reasons for this crisis and modest performance, however, are subjects of dispute. Conventional interpretations stress the power of manorial (i.e. ‘feudal’) lordship in England, which extracted most peasant surpluses, inhibited the development of markets, and exercised control over what markets did exist. This chapter draws together the wealth of recent research to reconstruct the size and institutional structure of the main factor and commodity markets on the eve of plague. It shows that markets in land, labour, basic commodities, and capital were larger than conventionally depicted, and lords had largely lost control over their operation. Custom and the nascent legal system discouraged arbitrary seigniorial behaviour, and the growth of the common law resulted in a framework of private courts throughout England providing accessible and cheap remedies for dispute resolution and contract enforcement. This encouraged participation in factor markets at all levels of society and promoted a pervasive legal culture based upon respect for standardized processes and precedents. However, this peculiar institutional mosaic proved to be deleterious to the welfare of the vast majority of the populace under the pressure of high population, because it resulted in the fragmentation of landholdings, low real wages, and a high proportion of landless. Climate change, taxation, and disease heightened their vulnerability, and exacerbated the pre-plague crisis.
A Century of Lost Time: 1865–1954
Authors: Collings Justin
Published: February 2021

This chapter traces the arc of the U.S. Supreme Court’s engagement with the memory of slavery between the end of the Civil War and the Court’s decision in Brown v. Board of Education. The chapter highlights how, across multiple generations of justices, the Court’s mnemonic jurisprudence was dominated by the parenthetical mode. The Court treated slavery as a parenthetical aberration from the American constitutional tradition, and it treated the post-Civil War constitutional amendments as narrow responses to that aberration. On the whole, the Court construed the new amendments in light of the original constitutional structure, rather than the reverse. Eventually, in cases like Plessy v. Ferguson, the parenthetical mode took the form of willful forgetting—a resumption of the relevant evil in altered guise.
South Africa’s First Constitutional Court: 1995–2005
Authors: Collings Justin
Published: February 2021

This chapter explores how the Constitutional Court of South Africa invoked the memory of apartheid during its first decade of operation. It shows how the Court did so frequently and aggressively—at least in some contexts. Whereas the Court discussed apartheid eloquently and at length when it was sweeping away residual apartheid laws or otherwise advancing positions (such as abolishing the death penalty) that the ruling ANC government was likely to support, the justices were much more reticent when it came to invoking apartheid to confront the government itself. And in the context of enforcing positive constitutional rights, the Court was more likely to invoke apartheid memory to underscore the magnitude of the government’s task than to chide the government for failing to discharge it.
Chasing Rainbows: 2005–2020
Authors: Collings Justin
Published: February 2021

This chapter highlights how the Constitutional Court of South Africa has engaged with the memory of apartheid since 2005. It shows how many of the patterns of earlier years persisted—aggressive invocations of apartheid in cases of criminal law or criminal procedure, or when the political stakes were low, but more reticence when confronting the government or applying socio-economic rights provisions. But there was a definite sea change as the Court increasingly confronted the clientelism, cronyism, and corruption that had become endemic to uninterrupted single-party rule. In 2016, the Court dramatically invoked the memory of apartheid to underwrite its decision requiring President Jacob Zuma and his abettors to repay the millions spent from the public treasury on a “security upgrade” to the president’s private residence in Nkandla. The chapter concludes by noting the problematic relationship between constitutional justice and collective memory, and describing how the Court, although it recognizes the problem, nonetheless remains committed to adjudicating in the present by the light of the past.
The Social Welfare Function
Authors: Adler Matthew D.
Published: February 2021

The social welfare function (‘SWF’) framework is a methodology for assessing governmental policies that originates in theoretical welfare economics and is now widely used in various economic literatures. The framework translates the possible outcomes of policy choice into patterns of well-being among the population of interest, represented by interpersonally comparable well-being numbers. Policies are then ranked in light of some rule for ordering these well-being patterns (such as a utilitarian or prioritarian rule), taking account of the probability that a given policy will lead to a given outcome. This chapter presents the SWF framework, illustrates how it can be used for regulatory policy analysis, and compares the methodology to cost-benefit analysis (‘CBA’), currently the dominant policy-analytic tool in governmental practice. CBA eschews interpersonal comparisons and, instead, translates policy impacts on each person into a monetary equivalent relative to the status quo; these monetary equivalents are then added up. While CBA and the SWF framework are broadly similar in being consequentialist and welfarist, and in adopting a preference view of well-being, they employ distinct analytic structures for integrating information about preferences and possible outcomes to arrive at an assessment of the various policies that government might adopt. As the chapter demonstrates, the structural differences between the SWF framework and CBA can yield significant divergence at the level of policy recommendation.
Decision Making in Chains and Networks of Contracts
Authors: Grundmann Stefan
Published: February 2021

Networks of contracts serve mainly as a long-term form of organisation, both features being typically combined. This combination—the so-called organisational contract—is seen as a hybrid between market and firm. There are different explanations for its existence and two are particularly prominent. Williamson sees them as a governance device to cope with the problem of uncertainty of future events, namely in situations where one party has invested in a particular relationship more than the other and therefore is ‘more dependent’ on its continuance. Conversely, Powell sees them as a scenario where neither command nor anonymous exchange dominate, but mutual (often personalised) trust and reciprocity based on strong mutual knowledge of the partners are marked. These two explanations imply how fascinating the organisational contract may be for decision theory and the law. This chapter addresses the phenotype of (long-term) networks of contacts and sees a large variety of them ranging from rather standardised to highly tailor-made arrangements, which implies a heterogeneous basis for decision-making theories and their application. With respect to decision-making theories that are considered in the second section, the chapter takes a broad perspective. While it may be attractive to apply mainly one decision theory to the phenomenon, the chapter asks which decision theories might have particular explanatory value. Thus, a broader survey on a multifaceted compound of theories might be particularly suitable for the heterogeneous aspects of the phenomenon. The chapter also addresses the question of which repercussions the discussed decision theories might have in law.
Foundations of Online Order
Authors: Kettemann Matthias C.
Published: February 2021

Chapter 2 opens with a foundational analysis of regulatory approaches to technology. In particular, the chapter’s sections sketch the regulation of ICTs through time, the criticality of the internet in its societal context, and the importance of protecting the internet in the common interest. Thereafter, special challenges of internet regulation are examined, including the role of non-state actors (intermediaries) and the flexible use of non-traditional regulatory means, such as code and algorithms. The chapter concludes with a consideration of which of the study’s hypotheses as to the hybridity of the internet and the importance of values-based normativity are borne out by the foregoing analysis.
The Frege–Geach Problem
Authors: Sinclair Neil
Published: February 2021

To be complete, practical expressivism needs to provide explanations of the meaning of complex sentences that meet the Fregean, Semantic, Generality, and Comprehensive Conditions. Compositional Commitment Metasemantics (CCM) claims that whenever an intelligibly embeddable sentence is used, it propounds a commitment. A commitment can be propounded by being expressed, by being the functional part of a complex commitment that is expressed or by being otherwise propounded (e.g. by having its appropriateness interrogated). Commitments can be beliefs, attitudes, or their combinations. This view explains sentential inconsistency in terms of the inconsistency of the commitments that sentences express and explains the latter in terms of a concatenation of the commitments frustrating the constitutive function of one or more of their number.
Truth, Truth-aptness, and Belief
Authors: Sinclair Neil
Published: February 2021

Three of the forms and assumptions of moral practice are that moral judgements are truth-apt, sometimes true, and that they express moral beliefs. Vindicating these assumptions seems inconsistent with expressivism as traditionally conceived. However, minimalist accounts of truth-aptness, truth, and belief may help the expressivist. Minimalism says that the correct account of a notion is revealed by all and only those platitudes surrounding it. Practical expressivists accept that moral sentences satisfy truth-aptness, and they also accept that moral sentences are truth-apt. This helps expressivism secure truth-aptness, but also encourages the thought that there is nothing distinctive in the expressivist position. But creeping minimalism can be resisted since there is a robust sense of belief that resists minimalism. It is in this robust sense that expressivists will deny (and descriptivists accept) that the meaning of moral judgements is to be explained in terms of their expressing moral beliefs.
Conclusion
Authors: Sinclair Neil
Published: February 2021

This appendix compares the theory of practical expressivism developed in this book with two recent developments of expressivism: those developed by Schroeder in his book Being For, and by Ridge in his book Impassioned Belief. Practical expressivism rejects what Schroeder labels ‘The Basic Expressivist Maneuver’ and ‘Mentalism’. It also rejects the hybrid expressivist idea that all moral judgements express both beliefs and desire-like states. Other authors have raised problems for both these alternatives; the purpose of this appendix is simply to show that practical expressivism is a distinct alternative (and therefore avoids the known difficulties of the alternative views).
Introduction
Authors: Rangvid Jesper
Published: February 2021

Chapter 1 contains an overview of the book. Part I introduces key concepts, definitions, and stylized facts regarding long–run economic growth and stock returns.Part II analyses the relation between economic growth and stock returns in the long run. Part III examines the shorter-horizon relation between economic growth and stock returns: the relation over the business cycle. Part IV explains how to make reasonable projections for economic activity, both for the short and the long run. Part V deals with expected future stock returns. The final part, a short one including one chapter only, explains how one can use the insights from the book when making investments.
Introduction
Authors: Mauldin Joshua
Published: February 2021

Recent political events around the world have raised the specter of an impending collapse of democratic institutions. Contemporary worries about the decline of liberal democracy harken back to the tumult of the 1930s and 1940s in Europe. Karl Barth and Dietrich Bonhoeffer lived in Germany during the rise of National Socialism, and each reflected on what the rise of totalitarianism meant for the aspirations of modern politics. Engaging the realities of totalitarian terror, they avoided despairing rejections of modern society. Beginning with Barth in the wake of the First World War, following Bonhoeffer through the 1930s and 1940s in Nazi Germany, and concluding with Barth’s postwar reflections in the 1950s, this study explores how these figures reflected on modern society during this turbulent time and how their work is relevant to the current crisis of modern democracy.
Metaphysics, Sophistry, and Illusion
Authors: Balaguer Mark
Published: February 2021

This book does two things. First, it introduces a novel kind of non-factualist view, and it argues that we should endorse views of this kind in connection with a wide class of metaphysical questions, most notably, the abstract-object question and the composite-object question (more specifically, the book argues that there’s no fact of the matter whether there are any such things as abstract objects or composite objects—or material objects of any other kind). Second, the book explains how these non-factualist views fit into a general anti-metaphysical view called neo-positivism, and it explains how we could argue that neo-positivism is true. Neo-positivism is (roughly) the view that every metaphysical question decomposes into some subquestions—call them Q1, Q2, Q3, etc.—such that, for each of these subquestions, one of the following three anti-metaphysical views is true of it: non-factualism, or scientism, or metaphysically innocent modal-truth-ism. These three views can be defined (very roughly) as follows. Non-factualism about a question Q is the view that there’s no fact of the matter about the answer to Q. Scientism about Q is the view that Q is an ordinary empirical-scientific question about some contingent aspect of physical reality, and Q can’t be settled with an a priori philosophical argument. And metaphysically innocent modal-truth-ism about Q is the view that Q asks about the truth value of a modal sentence that’s metaphysically innocent in the sense that it doesn’t say anything about reality and, if it’s true, isn’t made true by reality.
Creation Myths
Authors: Earlie Paul
Published: February 2021

This chapter explores a series of ‘creation myths’ in the reception of Freud’s work in France. In understanding myth as a fictive unity that conceals otherwise troubling ‘aporias’ (a term developed here in detail), Derrida’s work provides a useful lens through which to understand a number of recurrent gestures on the part of Freud’s French inheritors, from passionate devotion to forceful denials of indebtedness, from open hostility to bitter personal and professional rivalries. The resistance of Freud’s textual legacy to interpretation means that it is always accompanied by attempts to mythologize what remains irreducibly plural or undecidable in Freud’s writings, an argument tested here through readings of Claude Lévi-Strauss, Michel Foucault, Jean-Paul Sartre, and Jacques Lacan. If each of the latter seek to recuperate the singular meaning of Freud’s work for a particular concern of the present (anthropological, clinical, existentialist, or linguistic), for Derrida the legacy of psychoanalysis can never be appropriated without remainder, an impossibility which is also the paradoxical source of the rich possibilities generated by Freud’s thought.
Powers, Possibilities, and Time
Authors: Normore Calvin G.
Published: February 2021

Of equally fundamental importance to the current debate over causal powers are its Megaric consequences, the connection between powers and modality. One of the central motivations for adopting a powers ontology is said to be the support causal powers provide for grounding and explaining alternative possibilities. Calvin Normore provides a robust defence of this idea by defending the deeper thesis that time makes a difference for modalities because the existence of powers at a time impose formal constraints on the structural conditions governing the accessibility relation between the actual and the possible. Some alternative states of affairs are not genuine possibilities in the actual world, he argues, because of the powers that obtain in the actual world. Normore, moreover, roots his defence of this thesis in the medieval debate between Scotus and Ockham over whether what is possible is possibly actual (Scotus maintained ‘no it need not be’, whereas Ockham maintained ‘yes it had to be’).
The Return of Causal Powers?
Authors: Hüttemann Andreas
Published: February 2021

Andreas Hüttemann disagrees with Hill and Ott regarding the relevance of the early modern critiques of causal powers for contemporary practitioners. He argues that the contemporary acceptance of powers and dispositions is insulated against the early modern criticism because the emergence of powers nowadays is not a ‘revival of’ or ‘return to’ the Aristotelian or scholastic version of causal powers. Hüttemann traverses two lines of argumentation in his defence of the contemporary metaphysics of powers. First, he maintains that the early modern critics utilized a version of causation that, because it was rooted in the doctrine of substantial forms, was quite strong and restrictive and that, consequently, their criticisms don’t apply to contemporary notions of powers, which utilize a counterfactual conception of causation. Then, he turns in a different direction to defend Nancy Cartwright and Jeremy Hardie’s use of the Extrapolation Argument in favour of the postulation of dispositions and powers.
Qualities, Powers, and Bare Powers in Locke
Authors: Downing Lisa
Published: February 2021

Lisa Downing focuses on the important issue of the metaphysics of Locke’s primary–secondary qualities distinction. In recent years this has returned as a topic of scholarly contention. Downing is concerned by the anti-realist trends in recent work on the metaphysics of Locke primary–secondary qualities distinction, and she is keen to defend the claims that Locke was ‘putting forward a kind of realism about secondary qualities’ and that his realism does not readily appear to be a reductive form of realism. Downing begins with the traditional claim that Locke’s distinction was driven by his understanding of matter theory within the new science, like many others in the seventeenth century. From this perspective, she criticizes recent work on the nature and priority of primary qualities, which fail to root the primary in a metaphysical base or connect them to the metaphysical base in the wrong way. Next, she turns toward explaining her own understanding of the subordinate status of the secondary qualities, which brings Downing to Locke’s claim that secondary qualities are ‘mere powers’ and what this meant metaphysically to him.
Due Diligence in International Environmental Law
Authors: Viñuales Jorge E.
Published: February 2021

This chapter analyses the duty of due diligence in the field of environmental protection. It provides a fine-grained analysis of the main legal bases for the determination of due diligence in this field. It shows that the progressive recognition of this duty has evolved hand in hand with the recognition of the need to protect the environment per se, and not as a private (whether state or individual) interest that would be protected in a horizontal (tort-like) form. The chapter argues that the consolidation of due diligence thus reflects the deeper transformation of international law from a horizontal inter-state body of norms to an increasingly vertical one, where duties do not merely arise from the interests of other subjects.
Due Diligence in International Trade Law
Authors: Krajewski Markus
Published: February 2021

This chapter assesses and analyses elements of due diligence in existing international trade agreements. It highlights due diligence obligations in this field, such as obligations to cooperate, to negotiate in good faith, or to notify about measures which could be harmful to other countries. The chapter also discusses elements applicable to the negotiation and implementation of trade agreements, especially with regard to the requirements of human rights and sustainable development impact assessments. The chapter argues that, even though due diligence is not a term of art in international trade law, it could be seen as a cornerstone of the international trade regime.
Introduction
Authors: Pearson David
Published: February 2021

Summary statistics are given for the distribution of private libraries across different professional backgrounds, considered in the context of work which has been done in this field, and assumptions which are commonly made (but which need to be challenged). The chapter considers methodological approaches to private library history, and describes those underpinning this book. The broader national context within which book ownership history should be considered is set out. The content (and exclusions) of the book are more fully described, with reference to other relevant work, and the limitations created by our imperfect evidence base are acknowledged.
Defending God in Sixteenth-Century India
Authors: Duquette Jonathan
Published: February 2021

This book is the first in-depth study of the Śaiva oeuvre of the celebrated polymath Appaya Dīkṣita (1520–1593). It documents the rise to prominence and scholarly reception of Śivādvaita Vedānta, a Sanskrit-language school of philosophical theology which Appaya single-handedly established, thus securing his reputation as a legendary advocate of Śaiva religion in early modern India. Based to a large extent on hitherto unstudied primary sources in Sanskrit, this study offers new insights on Appaya’s early polemical works and main source of Śivādvaita exegesis, Śrīkaṇṭha’s Brahmamīmāṃsābhāṣya; it identifies Appaya’s key intellectual influences and opponents in his reconstruction of Śrīkaṇṭha’s theology; and it highlights some of the key arguments and strategies he used to make his ambitious project a success. Centred on his magnum opus of Śivādvaita Vedānta, the Śivārkamaṇidīpikā, this book demonstrates that Appaya’s Śaiva oeuvre was mainly directed against Viśiṣṭādvaita Vedānta, the dominant Vaiṣṇava school of philosophical theology in his time and place. A far-reaching study of the challenges of Indian theism, this book opens up new possibilities for our understanding of religious debates and polemics in early modern India as seen through the lenses of one of its most important intellectuals.