bluuebunny/crossref_metadata_2025 huggingface dataset:
The Criminalization of Coercive Control
Authors: Fitz-Gibbon Kate , Walklate Sandra , Meyer Silke , Reeves Ellen
Published: November 2023

The debate and law reform activity surrounding the need to criminalize coercive and controlling behaviors has spanned the globe. Those in favor of criminalization argue that the law sets the standard for acceptable behavior. Others urge caution, noting that law reforms introduced to improve responses to different forms of violence against women have historically brought about unintended consequences that undermine women’s access to justice. This debate has occurred largely in the absence of any significant evidence regarding the views of victim-survivors of domestic and family violence. Drawing on the findings of an Australian national survey of victim-survivors’ views on the criminalization of coercive control, this chapter addresses this knowledge gap. Privileging the voices of victim-survivors of coercive control, their views are explored on the role of law, the benefits and risks of criminalizing coercive control, and the (potential) impacts of criminalization on justice and safety outcomes for them.
The Criminalization of Psychological Violence in Brazil
Authors: Ávila Thiago Pierobom de
Published: November 2023

Brazil criminalized in 2021 “psychological violence” against women, an abusive conduct similar to “coercive control.” It provided for more severe penalties than prior existing crimes, such as death threats. This chapter discusses the challenges of defining subtle forms of psychological violence in criminal law, the legal system’s resistance to provide adequate recognition, and the possible unintended consequences of criminalization. Psychological violence requires a new and complex investigation paradigm, one that is active, sensitive, comprehensive, and dynamic. Legal enunciation risks narrowing the definition of a complex phenomenon and the inadequate recognition by the criminal justice system risks reinforcing invisibility. The criminalization of psychological violence may produce the unintended consequence of strengthening the state’s power over women’s lives.
Criminal Justice Responses to Domestic Violence in Fiji
Authors: Cokanasiga Jojiana
Published: November 2023

In the 1990s, specific legislation on domestic violence was increasingly called for in Fiji by women’s groups. It was not until 2009 that Fiji’s domestic violence law was finally enacted, establishing Fiji’s domestic violence protection order system. The domestic violence protection order system was designed to ensure easy application and access to legal protection from domestic violence. Breach of a protection order results in a criminal offense. Data collected from the Fiji courts by the Fiji Women’s Rights Movement illustrate an increasing number of applications for protection orders were lodged in Fiji’s Criminal Division of the Magistrate’s Court. Between the years 2012 and 2017, there were 5,839 applications for domestic violence restraining orders lodged by men, while twice as many, 12,765, were lodged by women. This chapter explores the implementation of the domestic violence order protection system in Fiji.
Operationalizing Coercive Control
Authors: Burman Michele , Brooks-Hay Oona , Friskney Ruth
Published: November 2023

The Domestic Abuse (Scotland) Act 2018, modeled on the concept of coercive control, made it a statutory offense for someone to engage in a course of behavior that is abusive or threatening toward their partner or ex-partner. Proponents argued that existing criminal offenses failed to capture the ongoing and cumulative nature of domestic abuse and obscured the gendered dynamics of power and control that characterize it. The act was intended to properly reflect the experience of those subject to coercive control, ensure more effective investigation and prosecution, and facilitate a victim’s access to justice. This chapter draws on interviews with police officers of varying rank to consider how the domestic abuse offense has influenced their practice and the resulting survivor experience. Our analysis indicated opportunities, complexities, concerns and challenges around its interpretation and implementation. This raises questions about the extent to which meaningful change can be legislated into police practice.
Student Efforts
Authors: Salem Joseph
Published: November 2023

In this four-part chapter, evidence of the “rhetoric of autonomy” (Wilson 2004) in modern composer narratives fuels a renewed interest in Boulez’s influences and teachers. Strong emphasis is placed on seeing, reading, and hearing the influence of teachers in Boulez’s writings and works despite his limited citations of them. A revisionist perspective saturates the review of Boulez’s relationship to two composition teachers, Olivier Messiaen and René Leibowitz, including a consideration of Boulez’s limited cohort at the Paris Conservatory. Finally, the emergence of Boulez’s original voice is tied to revision as a fundamental element of his creative process, with mention of his early student compositions.
Self-Ordained
Authors: Salem Joseph
Published: November 2023

This chapter is in three parts. The first introduces Boulez’s connection to electronic music studios and the beginnings of his relationships with Karlheinz Stockhausen and Henri Pousseur. Boulez’s early training with Pierre Schaeffer at what would become the Groupe de Recherche de Musique Concrète (GRMC) in Paris is contrasted with his later interest in the electroacoustic techniques of the Westdeutscher Rundfunk (WDR) in Cologne. In the second part, Boulez’s infamous “Schoenberg is Dead” essay is read as a critical turn in his shift from dodecaphony to integral serialism. The essay leads to a broader discussion of Boulez’s writings from this period, including his turn to musical structuralism. The third section of this chapter provides a revisionist perspective on Structures, Book 1. Boulez used similar creative processes in Structures to those used in Livre pour quatuor and Polyphonie X, but he also spent roughly four years reconsidering his approach as he completed the three chapters of his “book” for their eventual premiere in 1955. The chapter ends with a revisionist look at the reception of Structures and its role in Boulez’s oeuvre.
Nationalized Elections
Authors: Carson Jamie L , Sievert Joel , Williamson Ryan D
Published: November 2023

Most of the existing research on nationalization has focused on its increased presence in elections. Indeed, in recent decades, local politics has seemed to matter significantly less as politics has gradually become much more focused on the president and national politics. However, this is not the first time in American political history that nationalization has been so prevalent. While today’s candidates running for local or statewide office are often judged by the party at the top of the ticket, it was also the case that, throughout most of the 19th century, candidates from the same party had no choice but to run on an identical partisan ballot. The institutions in place during the 19th century necessarily induced high levels of partisan loyalty among those voting. This chapter examines much of this historical literature to provide a broader historical context for understanding nationalization.
Evidence of Nationalization across Time
Authors: Carson Jamie L , Sievert Joel , Williamson Ryan D
Published: November 2023

This chapter examines elections in the 19th century and more recently and finds remarkable similarities across what are often perceived as very different political eras. During the 19th century, high levels of nationalization were driven largely by institutional factors which forced voters to select among candidates based on party affiliation rather than more candidate-specific factors. Following some late 19th-century reforms, voters were given the chance to more easily select among candidates of different parties, which ultimately contributed to a less nationalized electoral environment in the ensuing decades. In time, nationalization again increased. This time, though, it was less about institutions and more about the behavior of political elites and parties. Although the forces that drive nationalization may differ across historical periods, the effects on election outcomes, the incumbency advantage, polarization, and voter behavior vary in predictable ways regardless of the factors producing increased or decreased nationalization.
Contextualizing Nationalization
Authors: Carson Jamie L , Sievert Joel , Williamson Ryan D
Published: November 2023

This chapter provides greater context for the nationalization that was observed in the 2020 elections. These races were again highly nationalized affairs, but some candidate-specific effects emerged on occasion. However, those effects were by and large too small to change the outcome of most elections. This effect carried over into the 2021 elections and is likely to continue to do so indefinitely barring a significant change in the electoral environment, which seems quite unlikely given current political events. The chapter also pays special attention to how nationalization shapes candidate endorsements in the modern era as well as how it complicates electoral accountability, which bears important implications for governing and representation in the future.
Conclusion: Rebuilding Again
Authors: Dynner Glenn
Published: November 2023

Hasidic Jews lost many beloved religious role models in the Holocaust and confronted unprecedented challenges to their worldview. Several dynasties virtually disappeared, having lost their rebbes and potential heirs. Yet surviving Hasidic and Bais Yaakov leaders managed to rally their followers and rebuild thriving Hasidic and Orthodox communities in new centers in America and Israel. Each coped with the recent tragedy and new contexts in different ways. Some became more insular and militant; others, such as Lubavitch, became more evangelical. Nearly all retained the same faith in formal, institutionalized Torah study as the best and only response to crisis, a conviction that had been nourished during the final years of Polish Jewry.
On the Reception of Bach’s Organ Works in Nineteenth-Century Leipzig
Authors: Stinson Russell
Published: November 2023

This chapter investigates how three nineteenth-century musicians based in the city of Leipzig (Friedrich Rochlitz, Carl Ferdinand Becker, and Hermann Schellenberg) responded to two early editions of organ works by Bach, one from 1803–1806 devoted to chorale settings, and another from 1845 containing free works. Rochlitz may have been a Bach fanatic, but he was not an organist, and he maintained that Bach’s penchant for thick, imitative textures in his organ chorales resulted in music better suited to the eyes than the ears. Becker and Schellenberg were professional organists, and both were great champions of Bach’s organ music, but they objected to pieces in the edition they reviewed that differed from their notion of idiomatic writing for the instrument. Schellenberg’s favorite organ works may have been the Fantasy and Fugue in G Minor, BWV 542, which he arranged for organ, four hands, and four feet, and which he transcribed for piano, four hands.
Keeping Up with the Corporations
Authors: Brock Clare R.
Published: November 2023

Chapter 5 expands the narrative to the advocacy behavior of all interest groups in the agricultural sector, and further establishes the role of partisan polarization in increasing lobbying efforts over time, largely due to the more contentious, slow, and gridlocked nature of policymaking. This chapter finds that the increase in polarization over the past twenty years has required an increasing amount of effort from interest groups lobbying Congress. The findings are backed by interview evidence in which lobbyists express clear awareness of and strategic response to party polarization, utilizing tactics such as providing information, facilitating communication and coordination among members, and building coalitions across the partisan aisle. Overall, it is clear that polarization has an important effect on lobbying strategies, from changing the sheer quantity of lobbying in Congress to altering the techniques that interest groups find to be most successful for achieving their preferred policy outcomes.
Commitment
Authors: Gordley James
Published: November 2023

The parties commit themselves when each assumes the risks and burdens provided for by the terms of a contract. Generally, the parties do not have a duty to negotiate in good faith. Nevertheless, in some situations a party may be liable before a final commitment is made. A party is liable for acquiring propriety information, for misrepresentation, and for breaking a promise made before or during negotiations. The parties have a duty to negotiate in good faith if they have so agreed. If their agreement is unclear, they should be obligated to do so if the agreement was intended to lock in a favorable bargain or to enable one party to make expenditures or to confer a benefit on the other party which will only be of value if a final contract is made.
Enforcement by Third Parties
Authors: Gordley James
Published: November 2023

In the paradigm case of a donee beneficiary, a third party should be allowed to recover under the same principles that govern the enforcement of a donative promise. Enforcement enables a would-be donor to confer a benefit gratuitously on the third party without enriching any other party at the donor’s expense. In the paradigm case of a creditor beneficiary, a third party should be able to recover under the same principles that govern the enforceability of a contract of exchange. Each party gives up something to get something in return that each values more, and no one is enriched at another’s expense.
Basic Positions in Metaethics
Authors: Kagan Shelly
Published: November 2023

This chapter introduces some of the main positions that one might take with regard to metaethical questions about the existence and nature of moral facts. It explores the distinction between cognitivists, who hold that substantive first-order moral sentences are truth apt, and noncognitivists, who deny this. Among cognitivists, it distinguishes between nihilists, who insist that all moral claims are actually false, and moral realists, who hold that some moral claims are indeed true. Finally, different versions of moral realism are distinguished, including constructivism, which holds that moral facts reduce to facts about relevant minds, and simple realism, which holds that certain basic moral properties cannot be reduced further.
Explanation
Authors: Kagan Shelly
Published: November 2023

Genuine facts explain things. But it is far from clear that moral facts, if there were such things, would explain anything at all, so that may provide a reason to deny the reality of moral facts. This chapter explores this challenge, and asks, first, whether moral facts might indeed play a role in explaining various empirical facts. Reductionist accounts of moral properties seem to point to a promising way to meet the explanatory requirement, but such accounts raise complicated questions about reductionism and explanation and whether the normative aspect of moral facts plays a genuine role in the relevant explanations. Alternatively, perhaps the challenge can be met if by abandoning the assumption that the explanatory requirement can only be satisfied if it is an empirical fact that is being explained.
The Political Thought of Xi Jinping
Authors: Tsang Steve , Cheung Olivia
Published: November 2023

Xi Jinping has been pushing to make his thought a major addition to China’s ideology, which guides China’s direction of travel. No other Chinese leader apart from Mao Zedong had their theoretical contributions elevated to this status. This book provides a contextualized reading of Xi Jinping Thought and examines how it has been implemented in practice. While China’s political system remains a Leninist party-state, how it operates has been substantially modified following the introduction of Xi Thought. What has happened is akin to replacing the operating system of a computer. This book conceptualizes the modified system as a Sino-centric consultative Leninist system. The Chinese Communist Party is being reinvigorated as a Leninist machine, by which the Party leads everything. A new de facto social contract is offered to the Chinese people, who are being indoctrinated by Xi Thought so they will think like “one patriotic people.” China’s economy is being restructured following Xi’s vision of a “socialist market economy,” while its interactions with the rest of the world, his reconstruction of the ancient tianxia, or all-under-heaven, world order, which commits to a “China First” principle. The end goal set in Xi Thought is the fulfillment of “the China Dream of national rejuvenation” by 2050 at the latest. Whether this will come to pass or not, the introduction of Xi Thought has already changed China, with significant implications for the rest of the world.
Introduction
Authors: Tsang Steve , Cheung Olivia
Published: November 2023

A strong body of literature exists that examines changes in politics and policies under Xi Jinping, but this is the only work that examines systematically and critically Xi Jinping Thought. Xi Thought must be taken seriously because Xi, seeing himself as the great helmsman, uses it to guide China’s ship of state to the promised land of “the China Dream of national rejuvenation.” It provides clear pointers to the direction of travel Xi sets for China. What Xi has done is not to make fundamental changes to the formal structure and institutions of the Chinese Communist Party or the Chinese Government. Instead, he has substantially altered how the system operates. To use the language of the digital age, he has kept the hardware but upgraded the software. The introduction also outlines the methodology used and how the book is structured.
Developing a Socialist Market Economy
Authors: Tsang Steve , Cheung Olivia
Published: November 2023

Xi Thought on the economy has three goals. The top goal is to secure economic strength. National industrial policies and government guidance funds are the main tools to make China the world-leading innovation powerhouse in science and technology. The second goal is to increase substantially economic order and security. The main measures are deleveraging, regulatory enforcement over domestic private tech conglomerates, and the dual circulation strategy to insulate the domestic economy from external risks. The third goal is to achieve “common prosperity,” which promises limited redistribution but rules out the creation of a welfare state. The setting and the prioritizing of these goals show that the “socialist market economy” paradigm under Xi Thought melds together party-centric nationalism and socialism, with the former given greater importance. Xi’s obsessive focus on staying in power means he will not knowingly allow the economy to collapse.
Changing Our Concepts
Authors: Congdon Matthew
Published: November 2023

Chapter 1 explores the phenomenon of “discursive breakdown,” the experience of one’s words and concepts failing to express an elusive sense of importance. It situates discursive breakdown as the starting point for processes of moral articulation and outlines a notion of “proto-discursive meaning” to describe its content. It outlines a widely held assumption at work in semantic theories generally (exemplified by Robert Brandom) and ethics in particular (noticeable in current debates in metaethics, moral psychology, and normative ethics), namely, that meaningful experience is exhaustively discursive. This assumption must be rejected, this chapter argues, to explain certain kinds of moral conceptual change. It draws from Iris Murdoch’s example of “M and D” as well as the film Bicycle Thieves to explore historical transformations in our conceptual schemes. It then draws upon Charles Taylor to provide an initial sketch of the central concept of this book, moral articulation.
Conclusion
Authors: Congdon Matthew
Published: November 2023

This brief conclusion reiterates the two main philosophical assumptions this book has attempted to call into question, namely, that (i) morally meaningful experience is exhaustively discursive in form and (ii) if objective moral grounds exist, those grounds must be immutable. It reiterates that the first half of the book (Chapters 1–3) was focused on challenging the first assumption by developing a notion of proto-discursive moral experience, while the second half of the book (Chapters 4–6) was focused on challenging the second assumption by defending a variation of Aristotelian ethics that is sensitive to historical changes in our nature. It concludes with a broader lesson that the exploration of moral articulation seeks to impart, namely, that when doing moral philosophy we should not treat descriptions of moral situations and dilemmas as sheer givens, but see them as complex products of a process of articulation that is an ethical task in its own right.
Beat(s) for Blame
Authors: Fatsis Lambros
Published: November 2023

UK Drill music is regularly admitted as evidence of criminal offending, violence, and aggression in Britain’s courtrooms. Seizing on this popular rap subgenre’s deliberately lurid lyrical and visual content, the police, prosecutors, and judges interpret drill music lyrics and videos as literal, autobiographical testimony to bring charges against defendants. In so doing, an entire music genre is put on trial—likening it to a source of danger and a symbol of trouble, while also revealing prosecutorial tactics that are poor in evidential weight, rich in prejudicial value, and discriminatory in their outcomes. This chapter counters such punitive reasoning, arguing that perceiving and pursuing drill rap(pers) as ‘criminal(s)’ tells us more about the state-sanctioned, racialised criminalisation of Black British music than it does about the threat that a Black music subgenre ostensibly poses.
Technology and the Music Curriculum
Authors: Dale Pete
Published: November 2023

The purpose of the chapter is to draw the reader’s attention to the perceived-as-perilous state of music education in the United Kingdom, to share findings from the 2019–2021 Musical Futures/Ableton project known as ‘Tech Champions’, and to propose that, if music education is not only to survive in the United Kingdom’s state sector but also to thrive, it will be necessary to engage with the contemporary popular forms that do not involve music-making of a traditional type. In the first part, the chapter demonstrates that music became more popular, as an ‘option’, when GCSE replaced the ‘O-level’ qualifications in 1988. With the introduction of the GCSE in Music, the curriculum coverage was expanded to ‘rock and pop’ repertoire and instrumentation, and uptake of Music as learning option has been shown to have improved thereafter. However, non-traditional music-making (DJ decks, rapping, launchpads, and so forth) and non-traditional musics (hip hop, grime, house, EDM, and so forth) continue to receive limited coverage in UK classrooms. The chapter therefore focuses on the Musical Futures/Ableton-instigated ‘Tech Champions’ project of 2019–2021, which represented a clear effort to redress this set of problems. The most important thing a music teacher can do, the chapter concludes, is to place the interests of the learner at the heart of the educational process and to diversify the music education offer: if and when this is done, the field of music education can only benefit.
The Sound Pad Project
Authors: Geering Nathan , Hayhoe Simon
Published: November 2023

This chapter discusses the experiences of Breakers, choreographers, and those with visual impairments who worked collaboratively to develop a participatory dance-education, educational-technology, and choreography project called Sound Pad. The project was constructed and evaluated using a combination of participatory and grounded methodologies, a practice framework of the Rationale Method and the development of inclusive capital. This chapter explores the development of this co-created sensorially and intellectually inclusive education and performance through the experiences of dancers-as-teachers, and how this experience informs these dancers’ practice. The impact of this project has implications for program design and practice strategies, research and evaluation, education across all levels, and public policy.
Using Social Media to Cultivate Connected Learning and Social and Emotional Support Through a Hip Hop–Based Education Programme
Authors: Evans Jabari M.
Published: November 2023

Using the Connected Learning framework as a conceptual lens, this chapter explores the mental health outcomes of a Hip Hop–based education program developed to provide music-related career pathways for Chicago youth. Using the narratives of the participants within the program, I draw on participant observation online and in-depth interviews collected to explore the link between the tenets of Connected Learning and digital participation in this artistic community of practice. I explore participants’ work within social-media platforms toward building their self-esteem, self-efficacy, sense of belonging, and identity development. This study’s findings affirm prior studies that suggest late adolescence is an important time frame where children are developing social identities online in affinity spaces, but in ways that are significantly tied to mental well-being.
Source
Authors: Washington Anne L.
Published: November 2023

The first stage of the prediction supply chain is to gather digital material. Ethical data scientists are less concerned with availability and instead are intentional about selecting appropriate data. Sourcing a prediction supply chain sets the foundations for valid and logical results. Often dismissed as data cleaning, preparing data for analysis is vital intellectual work that supports the legitimacy of the resulting decision with downstream implications. Appropriately aggregating sources to make a prediction begins by recognizing that not all material is recorded and not all material is kept. Data science is beholden to earlier decisions about what to record and save. A data set represents a dynamic between an organization with the power to collect data and what is represented in the information. Sources ideally find harmony between the content, the people represented, and the predictive goals.
Compare
Authors: Washington Anne L.
Published: November 2023

The third stage of the prediction supply chain is to find patterns. Comparisons dominate data science, often without a mechanism to draw attention to the assumptions behind what determines similarity. Pattern matching is rarely discussed as an extension of social orders despite the history of political oppression based on rigid population divisions. Ethical data science is aware that comparisons can imply hierarchical patterns that may generate stigma. Furthermore, not everyone fits neatly into a category. Computers can count above two but often insist on historic binary choices that do little more than enforce societal norms and limit autonomy. This chapter examines the material force of categories, alternatives beyond the binary, and the promise of standardized consistency. Understanding the values that drive pattern matching can lead to more accurate intellectual order in data science.
Predict
Authors: Washington Anne L.
Published: November 2023

Data science holds not only significant scientific power but it holds social power given the asymmetries between the few producing and the many consuming predictions. Although the prediction supply chain comes to an end, data science has implications for those living with it. Implementation requires determining how predictions engage with social worlds and physical environments. Streamlining for efficiency and ideal cases can place additional burdens on people experiencing predictive systems. More precise feedback is needed that acknowledges the attention that predictive data science demands from the humans around it. Unlike an economic penalty that focuses on the exchange of goods and services with a price mechanism, automated systems fail by exacting a time and effort cost, which I call procedural attention. Because errors happen at scale, this chapter offers systematic mechanisms to handle errors at scale.
Who Cares? Why Compassion Matters in the Era of Polarization
Authors: McDonald Jared
Published: November 2023

Chapter 2 demonstrates that perceptions of compassion influence voter choice. Using interviews with communications professionals working for congressional and presidential candidates, the chapter shows that the campaigns themselves often emphasize compassion to voters. In these interviews, Democrats are quicker to discuss the need to appear compassionate (and, conversely, to paint their opposition as lacking in compassion). This finding is further supported by a text analysis of over 3,300 presidential campaign speeches from 2000 to 2020, showing that Democratic presidential candidates more often use language related to caring and compassion. Finally, an analysis of the American National Election Studies (ANES) and a 2016 probability sample of Democratic primary voters shows that a small shift in perceptions of candidate compassion can influence voting decisions by roughly 10 percentage points among partisans and 40 percentage points among independent voters and partisan primary voters. These findings underline the importance of compassion in determining electoral outcomes.
Touring the West 1
Authors: Abel Richard
Published: November 2023

US film companies initially located in the East sent cameramen into the West, following the tracks of white settlers, from the Great Plains to the Rocky Mountains and Pacific Coast. Their short travel films produced views of major world’s fairs and spectacular vistas of national parks for audiences of “ordinary” Americans, including spectators in Hale’s Tours, unable to visit in person. By also promoting the migration of new settlers into the West, they explored landscapes in which Indigenous peoples, unlike early westerns, already were absent. They also evidenced little sense that settler migration and the disappearance of the original inhabitants posed any danger to the natural environment.
Single-Reel Westerns, 1910–1913
Authors: Abel Richard
Published: November 2023

This chapter examines, through the lens of settler colonialism, the many one-reel westerns—from Indian pictures to cowboy and cowgirl films—that movie theater managers found unusually popular from 1910 to 1913. The tropes introduced previously, along with another that introduces the concept of the “good badman,” notably in the figure of Broncho Billy, serve to organize the extensive analysis of a representative selection of these countless westerns. Many mount stories of the violent conflicts that pitted invading white settlers against resisting Indigenous peoples on the North American continent. According to the myth of “American Progress” or Manifest Destiny, they embody a guilty nostalgia for the figure of the Indian as a “Vanishing American.” A surprising number, however, stage counternarratives that, despite cultural taboos of the time, envision the possibility of whites and Native Americans bonding not only in less than equal friendship but also even in marriage.
Introduction
Authors: Crane Daniel A. , Novak William J.
Published: November 2023

This Introduction provides a brief overview of American monopoly and antimonopoly, tracing their history from early modern Britain to colonial America and the early United States to contextualize the major themes and events covered in the ensuing chapters. Crane and Novak make a case for the in-depth study of the American antimonopoly tradition, arguing that the various forms of antimonopoly activism that have appeared throughout American history are deeply embedded in the nature of democracy in the United States. Antimonopoly, as distinguished from the narrower and perhaps better known history of antitrust, contains a diverse set of tools, policies, and ideals. The volume’s editors argue here that, as inequality and economic concentration are again on the rise, the history of antimonopoly is essential to understanding and addressing the challenges facing our present political economy and democracy.
Anti-Monopoly in the Media Industries
Authors: Lebovic Sam
Published: November 2023

Sam Lebovic’s chapter “Anti-Monopoly in the Media Industries: A History” narrates the history of anti-monopolism in the media industries of newspaper, radio, and television since the late nineteenth century. Lebovic argues that, while concerns about media consolidation arose repeatedly across the century, efforts to address it were always partial and inadequate. The media industry’s convoluted economy made regulation difficult, and the industry fiercely resisted regulation, alleging statist censorship of the public sphere. As a result, while the middle decades of the twentieth century did see some experimentation with anti-monopolistic regulation in the media industries, these were never very effective or widespread. Media consolidation continued, largely unchecked, across the twentieth century and into the twenty-first.
Historical and Conceptual Background, Analytical Framework, Scope of Coverage, and Sequence
Authors: Kidane Won L.
Published: November 2023

The dilemma between economic liberalization and openness and the maintenance of regulatory autonomy is not a uniquely African dilemma but has more serious implications for Africa because of the experiences of history and its existing position within the global economic hierarchy. This chapter traces the historical origin and development of international investment law focusing on Africa’s contributions ranging from the treaty making process to ratification and participation in a significant proportion of the cases during the initial decades. It outlines the theoretical underpinnings of the law, formulates the analytical framework, and introduces the chapters that follow in the order they appear. Looking deeper into contemporary reform efforts, it outlines the areas of concern identified by UNCITRAL Working Group III such as inconsistency and incoherence of the jurisprudence and frames the issues for discussion in the chapters that follow.
Post-2010 Contemporary Jurisdictional Matters
Authors: Kidane Won L.
Published: November 2023

The meaning of investment as a jurisdictional concept continued to develop and be refined in the post-2010 cases. With the number of African ICSID cases increasing in this period, the diversity of opinions on what constitutes investment also increased. Indeed, some of the concepts that seemed to have fairly settled such as the Salini factors began to acquire more nuanced exposition not only in the African cases, but the African cases cross-referred to the other cases and the concept of investment became an entrenched aspect of investment arbitration. The post-2010 African cases profile some of these cases offering an important sample for further analysis of the concept of investment as it relates to jurisdiction.
Determination of Facts in the Modern Post-2010 Cases
Authors: Kidane Won L.
Published: November 2023

In the contemporary cases, the facts did not lose their importance and centrality. If anything they seems to have grown in complexity along with the increased sophistication of the proceedings. With heightened awareness of the nature and necessarily of due process, the contemporary tribunals seem to have taken their duty of the accurate determination of facts more seriously. The presentation of evidence by both sides in many of these cases seem to have also grown more methodical. The cases profiled in this chapter show these continued trends. Like the previous chapter, this chapter also shows the key role that facts play in the disposition of many of the cases.
Expropriation
Authors: Kidane Won L.
Published: November 2023

Expropriation in international investment law is generally the most frequently invoked, intensely debated, and best understood principle. Some of the most frequently cited expropriation rules involve Africa treaties and cases. This chapter conducts a deeper inquiry into the evolution of the African states’ position on expropriation in light not only of investment treaty cases but also in reference to the Libyan Oil cases, as they are considered the foundation cases of the modern law of expropriation in international arbitration. Tracing the evolution, this chapter seeks to underscore the communality of positions of the African states on this issue and how the jurisprudence influenced contemporary legal doctrine and textual articulation in modern treaties.
Summary of Conclusions
Authors: Kidane Won L.
Published: November 2023

This chapter provides a summary of all the 28 chapters. It posits that Africa’s contribution to the creation and development of international investment law is significant. Africa had a negative experience in the initial phase of the implementation of the regime that it helped create by failing to meaningfully participate in ISDS proceedings. It substantially overcame such boycott and began to play its part since the early 2000s and shaped the jurisprudence in profound ways. It also embarked on remarkable innovative reform efforts of its own although the proposed reforms might have gone too far in the regulatory space protection, which may have the unintended effect of discouraging foreign investment. This chapter calls for a careful rebalancing of investment protection and preservation of regulatory space.
In the Museum
Authors: Cheng Anne Anlin
Published: November 2023

This chapter offers an original rereading of Pablo Picasso’s notorious encounter with African masks in the Trocadero Museum. Instead of seeing this well-known, founding moment of “birth of cubism” as a parable for how the great white modernist master captured and appropriated the “primitive” object for his own artistic innovation, this chapter shows how the so-called object captured and unraveled Picasso’s own sense of selfhood, turning the “primitive encounter” on its head. This new interpretation of what happened to Picasso at the moment he invented Cubism serves as a paradigmatic shift for we think about the “subjects” and “objects” of modernist primitivism.
The Woman with the Golden Skin
Authors: Cheng Anne Anlin
Published: November 2023

This chapter concentrates on the art of Josephine Baker’s studio photography and suggests that this archive offers an intriguing reconsideration of the unexpected affinity between (human) portraiture and (object) still life. Studying various components of these arresting photographs of Baker—the texture of film, skin, and fabric, the play of light and shadow, the entanglement between the organic and the inorganic—this chapter suggests that Baker redefines Hollywood lighting as well as demonstrates an alternative logic of racial embodiment, one that is more attuned to “shine” than to real flesh.
Union Citizenship
Authors: Nic Shuibhne Niamh
Published: November 2023

Chapter 2 provides an overview of the defining legal features of Union citizenship, principally in relation to Articles 20 and 21 TFEU. EU citizenship law has deep foundations in EU law on the free movement of persons more generally. This chapter first shows how approaches, interests, and objectives that predated the creation of Union citizenship have strongly shaped—and continue to inform—Union citizenship’s legal framework. Discussion of the rights conferred by Articles 20 and 21 TFEU introduces the critical balancing task that the Treaty prescribes: between the rights conferred by Union citizenship, on the one hand, and the conditions and limits that may legitimately restrict them, on the other. In legislative terms, that task is progressed through Directive 2004/38, which regulates the right to move and reside in other Member States. Some of the main themes that emerge from the interpretation of EU citizenship law by the Court of Justice are then considered, including how a connecting factor to EU citizenship law is established, ensuring the effectiveness of Union citizenship rights, the significance of the Charter of Fundamental Rights, the role of integration requirements in EU citizenship law, and the intersection of Union citizenship and matters that remain within Member State competence. Finally, the territory of the European Union as the ‘place’ within which Union citizenship is determined and experienced is considered, reflecting on the nature of both the internal and external borders of the Union’s territory through the example of case law on the extradition of Union citizens to third states. That discussion and the chapter more generally also encourage reflection on the connection between the territory of the Union and the values that construct and sustain it.
Union Citizenship and the Host State
Authors: Nic Shuibhne Niamh
Published: November 2023

Chapter 8 addresses the right of permanent residence in a host State. Recital 17 of Directive 2004/38 expresses the purpose and objectives of permanent residence: ‘[e]njoyment of permanent residence by Union citizens who have chosen to settle long term in the host Member State would strengthen the feeling of Union citizenship and is a key element in promoting social cohesion’. Articles 16 and 17 of the Directive outline the main features of permanent residence . It is achieved, according to recital 17, by ‘all Union citizens and their family members who have resided in the host Member State in compliance with the conditions laid down in this Directive during a continuous period of five years without becoming subject to an expulsion measure’. Recital 18 confirms that ‘the right of permanent residence, once obtained, should not be subject to any conditions’ so that the status might constitute ‘a genuine vehicle for integration into the society of the host Member State in which the Union citizen resides’. Acquiring permanent residence rights therefore renders the right to reside unconditional into the future, preservable over extended absences and entailing only limited administrative formalities. Additionally, permanent residence rights generate enhanced protection against expulsion from the host State. Nevertheless, while permanent residence was conceived to progress the rights attached to Union citizenship, related case law has also contributed to the seeding of limits, especially through the significance of integration in the host State that the permanent residence narrative progresses.
Historical development of Scots lexis
Authors: Millar Robert McColl
Published: November 2023

When non-linguists think of language, they tend to think of lexis. This makes sense at a number of levels. Learning lexis is a central experience in learning another language; we will also almost immediately pick up on unusual word choice by someone else (occasionally by ourselves) in our native languages. This chapter provides a sense of the development of lexis in Scots across time, largely employing the second edition of the Concise Scots Dictionary. As well as the native vocabulary derived from the various Northumbrian sources which formed the Scots koine of the High Middle Ages, borrowing from a range of languages—French, Latin, Norse, Low German, Dutch, and Gaelic—is considered. Which semantic fields are well served with specifically Scots vocabulary is also considered. Lexical attrition in the modern dialects is given particular focus.
Detention in the Criminal Justice System
Authors: McGregor Lorna
Published: November 2023

This chapter examines the adequacy and effectiveness of international law on detention within the criminal justice system at both the pre-trial and sentencing stages. Notwithstanding international law’s emphasis on the exceptionality of pre-trial detention, the chapter identifies protection gaps in how far supranational bodies scrutinise national practice and how risk is determined, including through algorithmic risk assessments. The second part of the chapter argues that the high-level principles within international law that establish the principle of imprisonment as a measure of last resort remain under-articulated as some supranational bodies have not squarely examined the proportionality of custodial sentences. The chapter submits that while at the pre-trial, sentencing, and release stages alternatives to detention are often presented as a means to reduce imprisonment, the risk arises that they constitute net-widening measures. The chapter submits that this risk requires further attention in international law alongside the human rights compatibility of particular forms of alternatives.
Democracy, Elections, and Electoral Geography in Malawi
Authors: Wahman Michael
Published: November 2023

The chapter introduces the history of electoral politics in Malawi, as well as the country’s institutions and electoral geography. It uses constituency-level election data from presidential elections since to the 1990s. The chapter shows that Malawian political competition has been strongly characterized by regionalism and that this regionalism may not be reduced simply to ethnic voting. Malawian national electoral majorities have generally been won based on a strong presence in one of the country’s three regions. In particular, this chapter will show the strong dominance of Southern Region in Malawian multiparty politics. However, with high levels of electoral volatility, parties have competed intensely to mobilize regional cleavages. This competition has been the foundation of territorial electoral strategies.
Campaign Violence in Malawi
Authors: Wahman Michael
Published: November 2023

This chapter analyzes the subnational variations in election violence in the 2014 Malawian election, using a combination of qualitative and constituency-level quantitative data. As with Zambia, patterns of election violence can be understood from the theoretical perspective of territoriality. While high-scale violence has not been frequent in Malawian elections, low-scale violence to control space is systemic and has featured almost constantly in Malawian electoral contests. This type of territorial violence may explain the relatively high levels of fear reported by Malawian citizens in national-level surveys. Electoral success in Malawi has been highly contingent on mobilizing party strongholds in great numbers. While bloc voting is significant, parties actively mobilize regional cleavages. The statistical analysis shows that campaign violence in 2014 was particularly concentrated in constituencies with low levels of electoral competition.
The Power of Mentalizing
Authors: Hutsebaut Joost , Nijssens Liesbet , van Vessem Miriam
Published: November 2023

This book provides the most accessible reading on mentalizing on the market. It is written for a wide range of professionals, including psychologists, social workers, and nurses. Given its accessible language and wide range of examples, it may also be read by non-clinicians, like teachers or parents. Mentalizing refers to the capacity to understand one’s own and other persons’ behaviour based upon underlying feelings, thoughts, and intentions, and is crucial to successfully navigate in the social world. If we mentalize more and better, that is, give more attention to our own feelings, thoughts, desires, and intentions as well as to those of others, our interactions will be more pleasant and feel safer. This applies to every relationship—those with our children and pupils, and those with our partners and colleagues. The authors of this book draw on the rich developmental psychology literature on attachment, mentalizing, and epistemic trust. They use several examples to explain what it takes to really connect. In addition, they challenge the reader to self-reflect and to become a slightly better version of themselves.