bluuebunny/crossref_metadata_2025 huggingface dataset:
An Oxford Nolloth Professor
Authors: Webb Clement
Published: October 2019

The work Clement Webb did on the moral argument often had for its context wider theological questions that he wished to explore. He primarily looked to Plato for inspiration about the nature of moral goodness, and he looked to Immanuel Kant on the nature of moral duties. Although he initially thought Kant had reduced religion to morality, he eventually softened on that conviction. As empirical experience justifies belief in an external world, he took our moral experience as solid justification for belief in moral realities. Inspired by James Martineau, Webb argued that the phenomenology of moral duties (which Kant explained so well) warranted belief in departing from an overambitious kind of Kantian autonomy that precludes belief in a “Higher than ourselves” (Martineau’s term) that gives us the moral law. Finally, Webb also saw some of the profound political implications of the erosion of moral foundations.
Dean of St. Paul’s
Authors: Matthews W. R.
Published: October 2019

W. R. Matthews found the moral argument (along with the teleological argument) the most persuasive of all the theistic arguments. He reflects upon the “moral evolution of mankind” and asks what it implies concerning the nature of the universe; he discusses the conscience and asks, “On what grounds can we justify that sense of obligation which is the characteristic property of moral experience?” He ponders the nature of the good and asks, “What is the place of the Good in the general structure of the universe?” He finds that in each case he is led to the theistic hypothesis.
A Reverend Don
Authors: Owen H. P.
Published: October 2019

H. P. Owen was a wonderfully systematic thinker, and his work is a joy to read. He was also a student of history; his moral argument is couched in what to this day remains one of the better cursory sketches of the history of the moral argument. On the shoulders of Newman, Sorley, Taylor, and others, Owen constructed an intelligent moral argument. Distinguishing between self-evidence and self-explanation, he argued that various moral phenomena, though they fall into the former category, don’t fall into the latter. In discussing the deliverances of morality and delineating their salient features, he patiently demonstrated their theistic implications, without pretending to have offered anything in the vicinity of a logical proof or demonstration. Significantly, he extended his case not just to theism generally but to Christianity particularly.
Conclusion
Authors: Baggett David , Walls Jerry L.
Published: October 2019

This book considered commendable traits of historical moral apologists: how they lived with the argument, did important work in the midst of tragic circumstances, irenically engaged interlocutors, honestly contended with the problem of evil, exhibited epistemic humility, diligently cultivated intellectual rigor, and patiently and painstakingly investigated evidence. It also chronicled the expansive epistemology, wide empiricism, and broad theories of rationality so often on display in the history of moral apologetics, which carved out important room for morality to shape one’s view of metaphysics. The role of moral faith was underscored—involving confidence that the moral law can be satisfied and that adherence to it conduces to deep joy. It also accentuated the political implications of the moral argument and how it can be deployed to argue for more than generic theism. Finally, it argued that a study of this history can elevate the level of contemporary discourse on the topic.
Everything Old Is New Again—Or Is It?
Authors: Cohen Julie E.
Published: October 2019

Extending the analytical frame and the metaphor of the double movement, this chapter frames the emergence of informational capitalism in terms of three large-scale shifts that together constitute the movement toward informational capitalism: the propertization (or enclosure) of intangible resources, the dematerialization and datafication of the basic factors of industrial production, and the embedding (and rematerialization) of patterns of barter and exchange within information platforms. Against that background, it explores the shifting, emergent relationships between control of intangible intellectual resources and political economy. In particular, it highlights ways in which data and algorithms have become the subjects of active appropriation strategies—strategies that represent both economic and legal entrepreneurship.
The Information Laboratory
Authors: Cohen Julie E.
Published: October 2019

The emergence of the platform-based, massively intermediated information environment upends settled ways of understanding the nature and social function of media technologies. For several hundred years, political philosophers and legal theorists have argued that access to information and to the means of communication promotes reason, self-determination, and democratic self-government. Contemporary, platform-based information infrastructures and ecosystems, however, are being optimized to appeal to motivation and emotion on a subconscious level in ways that undercut the exercise of informed reason. This chapter explores the patterns of information flow in the platform-based, massively intermediated information environment and maps the ongoing construction of legal immunities designed to shelter them. Powerful information-economy actors have mobilized new logics of innovative and expressive immunity to stave off protective regulation and deflect accountability for both old and new kinds of harm.
Introduction
Authors: Laderman Charlie
Published: October 2019

This introductory chapter outlines why the American response to the destruction of the Ottoman Armenians offers such critical insights into the US rise to world power, its evolving relationship with Britain, and the development of ideas on humanitarian intervention and global order at the turn of the twentieth century. It introduces the Armenian question, setting it within the larger Eastern question, and explains why the Ottoman Empire became a target for outside intervention by the European great powers in the nineteenth century. It explains why the United States, which had traditionally avoided political entanglement in the Near East even while its missionaries established an exceptional role there, began to take a greater interest in the region as its emergence as a great power coincided with the first large-scale Armenian massacres.
The American Solution
Authors: Laderman Charlie
Published: October 2019

This chapter re-examines the American conflict over its world role after World War I and reinterprets the evolution of ideas on the purpose of the League of Nations in both Britain and the United States. It explains how Wilson’s attempt to offer a solution to the Armenian question through an American mandate became entangled in a wider debate over America’s future world role. It reveals why leading British statesman also looked to the United States to solve the Armenian question through assuming mandates for Armenia and the municipal district of Constantinople. And it reveals how Turkish and Armenian leaders influenced the mandate debate, forcing Americans to confront the complexities of pacifying the post-Ottoman Near East.
Conclusion
Authors: Laderman Charlie
Published: October 2019

This concluding chapter explores why the declining American and British political interest in the Armenians during the early 1920s signifies a critical juncture in the history of both nations’ history of humanitarian engagement. It explores the legacy of the debate over an American mandate for Armenia and its impact on the history of humanitarian intervention, the formation of the post-Ottoman Near East, the development of the League of Nations, the postwar strategy of the British Empire, and the shaping of broader ideas about America’s place in the world. The debate over protecting the Armenians elucidates the ideals and interests that shaped US foreign policy in the Gilded Age and Progressive Era. It also demonstrates dilemmas in humanitarian politics that continue to confront contemporary policymakers.
Feeling Overcome
Authors: Cheng William
Published: October 2019

Chapter 4 continues to chase down myths of meritocracy and the musical mystique across the stages of reality television competitions, which often feature disabled auditionees and their moving tales of overcoming adversity. Musical abilities in general and singing talents in particular are shown to normalize and humanize disabled contestants while once again silencing vital conversations about the exploitation, stigmatization, and corporate politics at work in these seductive narratives. One wrinkle is that critiques of “inspiration porn” are neither easy nor obvious: chronicles of overcoming can emotionally overcome consumers; heartwarming tales about disability can seemingly disable a beholder’s emotional, intellectual, and rhetorical faculties. As we either resist or succumb to the tearfulness induced by lovable stories and gorgeous songs, we must chart tricky routes through the heady skepticism of Scylla and the naive waterworks of Charybdis.
Polarity Questions with Fronted Foci in the Spanish of the Basque Country
Authors: Irurtzun Aritz
Published: October 2019

In the Spanish variety spoken in the Basque Country, a set of directive speech acts is performed with absolute questions with an OV(S) word order such as Una sidra me pones? “will you serve me a cider?” This essay analyzes the structure, interpretation, and possible origin of these constructions, examining how their structure has a “split focus” whereby the left-dislocated element is really focal but rather than being “the focus” of the sentence it stands in a split-focus construction with the polarity of the absolute question (e.g., “[one cider]F
-[polarity]F?”). A possible catalyst for the emergence of these structures is the language-contact situation in the Basque Country: Basque is an OV language with a dedicated focus position at the left periphery, and I suggest that transfer of the information structure strategies of Basque into Spanish may be a crucial factor for the emergence of this type of constructions.
Contrastive Focus in Yucatecan Spanish
Authors: Gutiérrez-Bravo Rodrigo , Sobrino Carlos Martín , Uth Melanie
Published: October 2019

This chapter provides a description and analysis of contrastive focus constructions in Yucatecan Spanish, the dialect of Spanish spoken in the Yucatán Peninsula, Mexico. In this variety of Spanish fronted focus constructions are notoriously common. Closer inspection, however, shows that fronted foci in Yucatecan Spanish behave in a way that is markedly different from that of any other variety of Spanish that we are aware of. We provide evidence in favor of the hypothesis that the particular Yucatecan Spanish focus fronting constructions observed in Yucatecan Spanish originate from language contact between Yucatecan Spanish and Yucatec Maya (the Mayan language spoken in Yucatán; ISO code: yua). The main reason is that the syntax of the Yucatecan Spanish focus constructions is strikingly similar to that of comparable constructions in Yucatec Maya.
Why Amendment Rules?
Authors: Albert Richard
Published: October 2019

Virtually all constitutions codify amendment rules. But why? What are the uses and purposes of constitutional amendment rules? Amendment rules of course create a legal process for reformers to alter the constitution. But amendment rules serve important purposes even if the constitution is never amended at all because they have essential uses beyond the obvious one of textual alteration. Amendment rules have three categories of uses: formal, functional, and symbolic. Their formal uses include repairing imperfections, distinguishing constitutional from ordinary law, entrenching rules against easy repeal or revision, and establishing a predictable procedure for constitutional change. Their functional uses include checking the court, promoting democracy, heightening public awareness, pacifying change, and managing difference. Symbolically, amendment rules can be used to express constitutional values. This chapter explains all of these many uses of amendment rules and illustrates each of them with examples drawn from constitutions around the world. This chapter also interrogates the symbolic uses of amendment rules: How can we know whether the values expressed in constitutional amendment rules reflect authentic political commitments? This chapter explains with reference to the German Basic Law that it is possible to evaluate the authenticity of the values in amendment rules by investigating the design of amendment rules and their subsequent interpretation. This chapter considers constitutions from Afghanistan, Albania, Algeria, Bosnia and Herzegovina, the Central African Republic, Chad, China, Cuba, Ecuador, Germany, Kazakhstan, Kiribati, Saint Lucia, South Africa, Spain, the Russian Federation, the Soviet Union, Ukraine, the United States, and Yugoslavia.
The Three Varieties of Unamendability
Authors: Albert Richard
Published: October 2019

Constitutions sometimes codify unamendable rules. These unamendable rules are resistant to legal forms of change. They cannot be altered using the codified rules of amendment. Nor can they be repealed. The only properly legal way to change them is to rewrite the constitution. Why do constitutional designers codify these unamendable rules? This chapter explains seven reasons why constitutional designers choose to codify unamendable rules. In explaining these reasons, the chapter discusses many different examples of codified unamendability around the world. This chapter also explains that unamendability can arise in two other forms. First, interpretive unamendability emerges from a judicial decision or an unwritten constitutional norm rooted in the dialogic interactions of political actors. Examples include the basic structure doctrine in India and the substitution of the constitution doctrine in Colombia. Second, constructive unamendability arises as a result of the practical impossibility of gathering the majorities required to amend a rule despite that rule being freely amendable in theory. This chapter illustrates how constructive unamendability occurs and operates with reference to the phenomenon of constitutional veneration, the use of omnibus amendment bills in Canada, the challenge of multi-party incompatibility, and the Equal Suffrage Clause in the U.S. Constitution,. This chapter then connects the three varieties of unamendability to the discussion in Chapter 3 on measuring amendment difficulty. This chapter shows that unamendability further complicates the effort to measure amendment difficulty across jurisdictions and makes it impossible to do so with any reliability. This chapter considers constitutions from around the globe.
The Singing Charro in the Comedia Ranchera
Authors: Avila Jacqueline
Published: October 2019

Chapter 4 explores the cultural construction of Mexico’s most visual and aural national signifier, the charro the horseman dressed in a short jacket and a wide-brimmed sombrero—in the popular musical genre, the comedia ranchera. While the figure of the charro became an important archetype in nationalist rhetoric, it was his musical repertoire that solidified his importance in film. The chapter examines the traditionalist depiction of the charro in the comedia ranchera in its discussion of his visual and aural constructions as an example of “cultural hybridity.” Beginning with Allá en el Rancho Grande (1936), the genre reimagined rural life in the hacienda system with the aid of specific musics performed by the charro protagonist. The comedia ranchera and its intricate depiction of the singing charro not only consolidated several cultural practices into one medium,but also revealed changing perceptions of Mexican masculinity.
Epilogue
Authors: Avila Jacqueline
Published: October 2019

This last chapter briefly discusses the period following the época de oro, focusing on the new genres that developed which recycled narrative and musical elements from the genres of the past. This includes the film comedy, cine de luchadores, and cine de ficheras, film genres popular from the 1960s to the 1990s. The chapter then explores how the época de oro and its musical conventions are remembered and recycled in Mexican cinema, from the end of the twentieth century into the beginnings of the twenty-first century. The chapter concludes with look at the present state of research on and the importance of studying film music in Mexican cinema.
Introduction
Authors: Kelly Michael J. , Moreno Erika , Witmer Richard C.
Published: October 2019

In this introductory chapter of The Cuba-U.S. Bilateral Relationship: New Pathways and Policy Choices, the editors create a framework for readers to digest the material in this book in a meaningful way. The chapter introduces the multilevel game of diplomacy that binds the U.S. and Cuba can be characterized by a variety of signals that each player has issued to its counterpart. The nature of those signals have varied over time, depending on the nature of political leadership, the issue at hand, and the nature of the diplomatic level approached. We explore these issues as important to understanding linkages among the chapters within their respective fields, and across those fields is an important aspect of appreciating the entire picture of America’s current relationship with Cuba Finally, the authors present a plan for the volume, which focuses on three key issue dimensions: political, legal, and economic. Further, the authors identify challenges and opportunities implicit in the diplomatic relationship and its consequences for political, economic, and legal dimensions.
Opening Cuba—Negotiating History
Authors: Kornbluh Peter , LeoGrande William M.
Published: October 2019

This chapter introduces the reader to the opening with Cuba under the Barack Obama administration. The chapter describes how this opening came about, and the political and diplomatic negotiations that led up to it. Further, the narrative places the historic opening between Presidents Obama and Fidel Castro in a broader historical bilateral context that was not devoid of communications between the two states. The chapter reinforces the notion that the rapprochement between the United States and Cuba was a deliberative process that included a variety of actors. The result of these efforts was a complex diplomatic process that launched hopes of long term diplomatic normalization between the two states.
The Ghost of Helms-Burton
Authors: Benjamin-Alvarado Jonathan C.
Published: October 2019

In spite of the significant policy initiatives undertaken by the Barack Obama administration to “normalize” U.S. relations with Cuba, serious barriers and impediments lie ahead. This chapter investigates the daunting policy challenges that face the United States and Cuba in their effort to advance their bilateral diplomatic and economic affairs, owing largely to the draconian conditionality codified in the Cuban Liberty and Democratic Solidarity (Libertad) Act of 1996 (Helms–Burton Act). Given the highly partisan and divided nature of executive and legislative branches of the U.S. government, it remains uncertain as to whether Congress will allow progress in the normalization process to move beyond the limits of executive action. The chapter identifies and details the concrete steps that must be undertaken by the Congress to dismantle Helms-Burton, and under what conditions that might occur.
“Greetings from the Zonal Border”
Authors: Eckert Astrid M.
Published: October 2019

This chapter considers tourism to the Iron Curtain as a means by which West Germans and their visitors sought to make sense of the global Cold War through local activity. As early as the 1950s, the Iron Curtain attracted curiosity seekers and eventually turned into a well-developed tourist attraction. An elaborate tourist infrastructure emerged on the western side that allowed visitors to peek into socialist East Germany. The Iron Curtain was put on display in a way that prompted East German authorities to make efforts to render such visits less attractive for western tourists. Especially during the 1950s and 1960s, border tourism offered an outlet for West German anti-Communism and was frequently framed as a demand for German unity. The chapter reads border tourism as a skewed form of communication between West and East that stabilized the political and territorial status quo and helped West Germans become accustomed to partition.
Salts, Sewage, and Sulfurous Air
Authors: Eckert Astrid M.
Published: October 2019

This chapter addresses a typical borderland environmental problem—transboundary air and water pollution. During the 1970s and 1980s, rivers carried eastern industrial waste and sewage into West Germany; the wind blew sulfur dioxide both ways. Their environmental interdependency forced both German states to the negotiating table, eventually producing the ineffectual Environmental Accords of 1987. The western encounter with eastern pollution through the interface of the inter-German border confronted West German authorities with early signs of East Germany’s dissolution. While they failed to grasp the message, their experience with East German pollution and the futile diplomatic efforts to curb it nonetheless generated the knowledge about the nature and extent of the GDR’s environmental problems that became the prerequisite for the post-1990 ecological restoration of East Germany.
Weaving a Family Narrative
Authors: Goldberg Abbie E.
Published: October 2019

This chapter addresses how adoptive parents think about nature versus nurture, and whether and how these ideas change across their children’s life course. It explores how parents talk about the complex issue of similarities and differences between themselves and their adopted children—both those that may be immediately visible (e.g., skin color, hair), even early on in parenting, and those that are not as apparent until later on (e.g., abilities and interests). It considers whether and how adoptive parents invoke birth parents to help children to understand, make sense of, accept, and/or experience pride in aspects of themselves that may not be mirrored in their adoptive parents. Furthermore, the chapter explores how parents anticipate, make sense of, and address challenges in the domains of mental health and physical health in the context of varying levels of contact with and knowledge of birth family.
Facebook as Facilitator or Foe
Authors: Goldberg Abbie E.
Published: October 2019

This chapter examines parents’ use of social media, such as Facebook, with respect to the birth family. Some adoptive parents engaged Facebook as a means of establishing or maintaining reciprocal contact with birth parents and other birth family members; thus, it was used to sustain relationships. Others engaged it “passively” (e.g., as a means of finding out details about the birth family). Still others did not desire or pursue such contact, often citing concerns about boundaries. The chapter also addresses parents’ ideas about their children’s future relationships with their birth family—relationships possibly facilitated by social media and maintained without parental oversight or monitoring.
Summing Up
Authors: Goldberg Abbie E.
Published: October 2019

This chapter offer parents guideposts and suggestions for effectively managing potential challenges and questions across the adoption family life cycle—especially those addressed in this book, and those related to openness and the birth family in particular. It also provides resources and guidelines for finding an adoption-competent therapist. These recommendations and guideposts are intended to reflect those issues that are considered “normative” adoption issues—those that are common to most adoptions, and which are not in and of themselves “problems.” Incorporated into this chapter are suggestions and insights from several adoption experts, including David Brodzinsky, a clinical psychologist and expert on open adoption.
Holiness in Its Constellation
Authors: Goodman Lenn E.
Published: October 2019

Chapter 1 discusses the notion that immanence and transcendence meet in the idea of God. Morally we find holiness in kindness (hesed), mirroring the generosity of God’s act of creation and the ongoing work of emergence, salient in evolution but dynamic throughout the cosmos. Intellectually holiness can be found, perhaps where least expected, in the sciences. For reason is our link with God, not cold but very much alive in the spontaneity and creativity that make it God’s image within us. Nature is no inert passivity but active and conative, a living theater in which God’s creativity tells its tale. And the transcendence visible in the liveliness that is God’s hallmark in nature can be emulated, as God commands: You shall be holy, for I the  Lord  thy God am holy (Leviticus 19:2). For God is the infinite Source of being, goodness, truth, and beauty. Every finite good points in the direction of its unbounded Source.
Who Is Like God?
Authors: Goodman Lenn E.
Published: October 2019

Chapter 3 voices disappointment in learned efforts to “remythologize” the idea of God. Seeking to take scriptural imagery seriously, such efforts mistake the images for the God they intend. The mixed metaphors characteristic of biblical poetry reveal the elusiveness of the Transcendent and confess more eloquently than dry talk about ineffability how hard it is for words to capture any aspect of divinity. Yet, halting as their tropes may be, biblical poetics mark out a pathway. We must not assume the Torah’s authors, or their audience, spoke more slowly than we do—lest we cultivate a spiritual diglossia in our own minds and fail to integrate what we believe with what we know. Efforts to bring God closer to hand by allowing that He forgets, regrets, or learns by trial and error may hope to elevate our understanding but risk transforming the Mosaic God into a Deweyan “fellow learner.”
God and Evil
Authors: Goodman Lenn E.
Published: October 2019

In Jewish sources, paradigmatically in the Book of Job, the problem of evil centers on the suffering of innocents and the seeming prosperity of the wicked. Central to my response in Chapter 5 is the recognition that the very idea of evil is parasitic on that of the good, just as evil itself preys upon goodness. The rise of life and thought and love, and the triumph of their survival, are the earnest of God’s blessing—presence of the Holy in this world and the attainability of holiness in this life by finite beings in the varied ways by which they seek it.
Introduction
Authors: Schwartz David S.
Published: October 2019

Chief Justice John Marshall’s 1819 decision in McCulloch v. Maryland is widely regarded as the greatest constitutional decision ever issued by the Supreme Court. The ruling upheld Congress’s constitutional power to create the Second Bank of the United States, recognizing the “implied powers” of Congress and the supremacy of federal over state laws. Modern constitutional scholars believe that McCulloch established the constitutional foundation for the historic expansion of federal authority in the wake of the New Deal. But the nationalizing potential of McCulloch has not been fully realized. Only briefly in the mid-twentieth century did the Court embrace the full extent of McCulloch’s vision of implied powers, as it upheld broad federal laws regulating the economy and promoting racial equality. McCulloch’s 200-year odyssey, from 1819 to the present day, helps us understand how the “spirit” of the Constitution and its structure of federalism have been reinterpreted throughout U.S. constitutional history.
“The Case Now to Be Determined”
Authors: Schwartz David S.
Published: October 2019

Conventional history maintains that Chief Justice Marshall was a “nation-builder” and McCulloch v. Maryland his signal achievement, expressing a nationalist vision that established the foundation for the modern welfare state. McCulloch is celebrated for three elements: a nationalist theory of the Constitution, a permissive view of implied powers, and a capable Constitution theory holding that the Constitution should be interpreted flexibly to empower the national government to address unforeseen national problems through changing circumstances. This conventional account claims that McCulloch was a causal agent in congressional policy decisions that built up the American nation, or less ambitiously, that McCulloch was a source of ideas that guided political debates, or that McCulloch bound and directed later Supreme Courts through the mechanism of judicial precedent. All three of these causal arguments for McCulloch’s historical influence are greatly exaggerated, if not false.
“Acting Directly on the People”
Authors: Schwartz David S.
Published: October 2019

Post–Civil War nationalism meant a partial but significant reversion to prewar constitutionalism, recognizing federal legislative authority over “every foot of American soil” and implementing the antebellum Whig-nationalist economic agenda, but allowing states to retain, or regain control over race relations. The Supreme Court upheld the constitutionality of internal improvements, but declined to embrace implied commerce powers, suggesting instead (as in Gibbons v. Ogden) that the question involved the definition of interstate commerce as an enumerated power. The Court seemed to want to confine McCulloch v. Maryland to taxation, banking, and currency matters. The Legal Tender Cases, which relied on McCulloch to uphold the federal power to issue paper money, were a watershed in the history of implied powers, and were recognized as such at the time by many commentators. Yet the Supreme Court over the ensuing decade and a half seemed unwilling to follow through on McCulloch’s full implications.
“Withholding the Most Appropriate Means”
Authors: Schwartz David S.
Published: October 2019

`The New Deal judicial crisis arose from the Supreme Court’s continued refusal to recognize implied commerce powers by applying McCulloch v. Maryland to the Commerce Clause. Carter v. Carter Coal Co. (1936) asserted that “[i]n exercising the authority conferred by [the Commerce Clause], Congress is powerless to regulate anything which is not commerce.” Liberal New Dealers argued for the Constitution’s capability to sustain unprecedented federal legislative programs, but believed that dramatic change had to be accommodated within the existing Constitution without new amendments. New Dealers did not deploy McCulloch either as a precedent for broad implied commerce powers or for a principle of judicial restraint. They argued that the Court’s anti–New Deal decisions were historical aberrations that departed from McCulloch’s teaching that the Constitution had to be adapted to national crises. By 1936, McCulloch had become a canonical case, but both liberals and conservatives argued that McCulloch supported their side.
The Jeju April 3 Peace Park
Authors: Choi Suhi
Published: October 2019

The Jeju April 3 Peace Park was built in 2008 to commemorate the South Korean state’s atrocities toward civilians on Jeju Island before and during the Korean War. Situated in the distinctive local context of remembering, the park reveals its unique ability to manifest long-suppressed trauma through the meanings of both indigenous spirituality and materiality. A national commemorative event has activated the park even further to become a liberating theater of mourning for suppressed mourners. While it inevitably embraces the conventional aesthetics and rituals of the official commemoration, the park simultaneously facilitates the empathic recollection of the tragic event at the uncanny moments of symbolic work that have been mediated through such uncustomary media as mourners’ bodies, improvised props, and local dialects.
Civilianizing the Objectives of the Planners
Authors: Kontorovich Vladimir
Published: October 2019

Simple omission is not the only anomaly in Sovietology’s treatment of military-economic matters. Another is civilianization, the peaceful reinterpretation of the features of the economy that the Soviets themselves revealed to be of military significance. This chapter focuses on the objectives of the planners, the most important actors in the Soviet economy. The objectives of planning, as described by Soviet sources, are the same as those of rulers elsewhere: building up military might and popular wellbeing, with growth as the means for achieving those. The standard Sovietological view holds growth for its own sake to be the supreme objective of the Soviet rulers. Yet such an objective is incompatible with the evidence of actual economic policies pursued throughout the plan era.
Introduction
Authors: Freidenfelds Lara
Published: October 2019

Miscarriage is a common phenomenon and a natural part of healthy women’s childbearing: about 20 percent of pregnancies spontaneously miscarry, mostly in the early months of gestation. In the past, early miscarriages were generally taken in stride as long as a woman eventually had the family she wanted. Today they are often mourned as the loss of a child. Diverse social, cultural, medical, and technological changes of the past 250 years have reshaped pregnancy experiences in America, misleading couples into expecting perfect pregnancies and provoking great distress when pregnancies fail.
Bonding with the Baby
Authors: Freidenfelds Lara
Published: October 2019

Over the course of the nineteenth century and into the twentieth, parents gradually focused less on the patriarchal, religious, and economic duties and benefits of parenthood and more on developing loving relationships with children. This change in sentiment took place before modern medicine and public health would seem to justify it. Infants continued to perish at appalling rates even as parents came to mourn their losses with more evident anguish and less fatalistic resignation. Public health and medicine finally caught up during the twentieth century, as infant mortality rates decreased substantially. Over the generations, traditional economic and religious justifications for parenting diminished, and parents focused increasingly on their emotional relationship with their children. In the late twentieth and twenty-first century, the emotional focus of parenting continued to intensify. It also expanded into the months before birth, where it would clash with the biological reality of frequent early pregnancy loss.
Taking Care of the Baby
Authors: Freidenfelds Lara
Published: October 2019

Beginning in the early nineteenth century, as Americans began to emphasize mothers’ roles in nurturing and raising children rather than conceiving and bearing them, pregnancy was increasingly regarded as burdensome, dangerous, and potentially worthy of medical attention. In the late nineteenth century medical advice writers began to give women elaborate instructions for caring for their future children in utero and using scientific images of embryos and fetuses to urge women to appreciate and value the developing child. The instructions and the embryonic images became standard features of modern prenatal care. Over the course of the twentieth and early twenty-first centuries, instructions to pregnant women across a range of media, including websites and pregnancy apps, became increasingly elaborate and guilt inducing, at the same time that a stream of embryonic images urged maternal bonding as a way to encourage women to feel responsible for their future children’s well-being.
Buying for the Baby
Authors: Freidenfelds Lara
Published: October 2019

During the nineteenth century Americans increasingly bought rather than made their material possessions, and in the early twentieth century a robust market for baby and children’s goods emerged, via department stores and mail order catalogs such as the Sears catalog. In the mid-twentieth century marketers grew increasingly sophisticated and increasingly regarded expectant parents as a lucrative market, heeding the advice of market researchers such as Ernest Dichter. By the early twenty-first-century marketers could purchase first-trimester marketing lists reaped from online due date predictors, and a great deal of advertising was aimed at pregnant women at an early stage of pregnancy, when miscarriage is likely.
Imagining the Baby
Authors: Freidenfelds Lara
Published: October 2019

Since the 1960s, public debates about abortion have powerfully shaped how Americans think about pregnancy and miscarriage. Activists have staked out “pro-life” and “pro-choice” positions, neither of which provides comfort to a woman who has chosen to become pregnant but then miscarries the pregnancy. Pro-life activists have argued that embryos are babies from conception, and when they are lost, deserve to be mourned as such, and miscarriage support literature often draws upon pro-life language and imagery. The reality of frequent early miscarriages has been little recognized in the abortion debates.
Detecting the Baby
Authors: Freidenfelds Lara
Published: October 2019

In the nineteenth century, physicians developed new ways to detect pregnancy, as they sought visible and palpable pregnancy signs that allowed a physician to make a diagnosis independent of a woman’s testimony about her symptoms. In the twentieth century demand for pregnancy diagnosis increased as more women sought formal prenatal care and took on new responsibilities for self-care during pregnancy. The first pregnancy lab test was introduced in 1927 and improved over the decades, and a home pregnancy test reached the American market in 1978. Since then, the tests, which measure human chorionic gonadotrophin (hCG) in maternal urine, have become a ubiquitous part of planned pregnancies, and have gotten increasingly sensitive. This means that women increasingly use them to detect very early pregnancies, many of which are not viable.
Conclusion
Authors: Freidenfelds Lara
Published: October 2019

There are a number of possible reforms that could improve pregnancy experiences and make miscarriages less distressing. These reforms include rethinking childbearing metaphors that have emerged out of the history described in this book, and pushing back on marketers, public health advocates, parenting experts, anti-abortion activists, and others who encourage expectant parents to become attached to pregnancies in their early weeks, while the chance of miscarriage is high. This conclusion proposes that accepting the inevitable imperfections of childbearing, including miscarriages, makes room for parents to appreciate the benefits of modern childbearing culture that have emerged from the historical shifts of the past 250 years.
Augustus as Magpie
Authors: Morrell Kit
Published: October 2019

This chapter examines some instances where Augustan initiatives seem to have adapted or continued republican reforms and experiments. A well-known example is Augustus’ “revival” of the lex Pompeia de provinciis of 52, which required a five-year interval between civic magistracy and provincial command. This measure tends to be interpreted as a means of securing Augustus’ power while maintaining a veil of republicanism; this chapter argues that it shared the purpose as well as the mechanism of its Pompeian predecessor, namely to combat corruption in Rome and the provinces. Other examples, including changes to judiciary procedure, anti-bribery measures, and arrangements for the oversight of the treasury, suggest that Augustus took inspiration not only from Pompeius Magnus but even from the younger Cato. Recognizing these connections between republican and Augustan initiatives sheds light both on the continuities between Republic and principate, and on the aims and achievements of republican reformers.
Hopes and Aspirations
Authors: Cowan Eleanor
Published: October 2019

This chapter concentrates on the idea of alternatives by examining the negotiations between Imperator Caesar and his community that took place in 28–27 bce in the wake of his return to Rome after the battles at Actium and Alexandria. It focuses particularly on the proclamation of a restoration of leges et iura in 28 bce and the relationship between this claim and a potential subsequent claim that res publica had been restored. The publication by Rich and Williams (1999) of an important aureus drew attention to the prevalence of the expression leges et iura in the literature of these and the preceding years. This chapter sets out the current state of scholarly thinking about these issues. It also explores the ramifications of some alternative readings of the well-known evidence for the experimentation with the phrase res publica that took place during the lifetimes of Augustus and Tiberius.
The Popular Reception of Augustus and the Self-Infantilization of Rome’s Citizenry
Authors: Hillard Tom
Published: October 2019

Suetonius reports that the acclamation of Augustus as pater patriae in 2 bce was popular—and widespread. It was desired by all (universi). He then registers the different sectors of the community that persisted in pushing this honor upon the princeps, from the Plebs to the ordo senatorius. Epigraphic evidence (as well as Ovid) adds the ordo equester. Suetonius also emphasizes the spontaneity of the moment, although Augustus had for a long time been awarded the title unofficially. This chapter contemplates the serious ramifications of a Roman citizen hailing another as “Father,” given the extraordinary aspects of Roman fatherhood. It explores the extent to which the language of infancy and youth was the language of diminution and even servitude. Assuredly the gesture in 2 bce was in a large degree symbolic, but the gravity of the symbolism must not be underestimated. It represented a certain abjuration of autonomy.
Causation vs. Background Events
Authors: Fletcher George P.
Published: October 2019

This chapter examines the problem of causation. An intelligent approach to drafting a criminal code deliberately avoids certain problematic philosophical issues. Among these are the nature of human action; the purposes of punishment; and, most importantly, the problem of causation. The problem of causation runs through the crimes defined by the Rome Statute. The issue is implicit, even if the drafter wisely declined to define the concept. It is obvious that a concern for impunidad and the fate of victims presuppose the harm that has occurred to a defined victim, which implies that the harm must have been caused by the crimes defined by the Rome Statute. The chapter then considers the notion of causal energy, which explains the rise of comparative negligence in tort law.
Victims and Offenders
Authors: Fletcher George P.
Published: October 2019

This chapter assesses the role of victims and offenders in criminal cases. The victim is invisible in the definition of crime but omnipresent in the prosecution and sentencing of offenders. In the international legal order, in particular, the victim is front and center, both in the International Criminal Court (ICC) and in lawsuits under the Alien Torts Claim Act. Crime is typically defined by the actions of the offender, and the victim is an incidental consequence. There are many victimless crimes, such as those in the sexual and reproductive arena, which in the United States at least are no longer subject to prosecution on constitutional grounds. The argument for decriminalization is the privacy of the offender, but privacy of the victim can, paradoxically, become an argument for criminalization under the right to a private life codified in the European Convention on Human Rights. The chapter also looks at the duality of victimhood.
Perpetration and Complicity
Authors: Fletcher George P.
Published: October 2019

This chapter examines the concept of complicity. The basic question is whether complicity is a crime in and of itself or a way of assisting another person to commit a crime. On the whole, the idea of complicity in the actions of another has become a standard part of modern legal and moral thought. One no longer thinks of individuals acting solely on their own account but of groups of people interacting in order to produce a crime of shared responsibility. This is particularly true in the crimes of genocide, aggression, and crimes against humanity. As for holding individual actors accountable, as Article 25 of the Rome Statute attempts to do, it would make sense to hold each liable for their causal role in the crime. That is, complicity should be seen not as a crime in itself but as a contribution to the crime of another.
Convenient Narratives
Authors: Mukherjee Anit
Published: October 2019

This chapter explains the historical evolution of civil–military relations in India. While doing so, it focuses on leadership style and civil–military relations under five wartime prime ministers—Jawaharlal Nehru, Lal Bahadur Shastri, Indira Gandhi, Rajiv Gandhi, and Atal Bihari Vajpayee. Together, they were at the helm of affairs for almost five decades after independence and significantly influenced the narrative on civil–military relations. Relying on archival sources, it sheds new light especially on events preceding the 1962 border war with China. It highlights variance in the pattern of civil–military relations under these leaders that, in turn, shaped military effectiveness. Next, the chapter focuses on an essential element shaping civil–military relations—the interaction between civilian bureaucrats and military officers.
The Best of Intentions
Authors: Mukherjee Anit
Published: October 2019

This chapter examines defense planning in the Indian military. It begins with a conceptual discussion on the role of civilians in defense planning, mainly by examining the experience of other democracies. Next, it describes the history of defense planning in India, focusing on the formulation and implementation of five-year defense plans. There are three main arguments in this chapter. First, effective defense planning requires a close partnership between civilians and the military. Second, defense planning in India is marked by a lack of civilian guidance and institutional discordance, creating friction in civil–military relations. To an extent, this is because of a lack of expertise, on the part of civilians, and an institutional design that creates strong civil–military silos. Third, notwithstanding the above, there have been periodic attempts at reforming defense-planning structures. Progress has been achieved in some sectors, but much remains to be done.
Tumultuous Times
Authors: Mukherjee Anit
Published: October 2019

This chapter discusses contemporary civil–military relations in India, engaging with, and occasionally refuting, a number of narratives. It begins with an overview of four main controversies—the dispute about withdrawal of troops from the Siachen glacier, the contrasting views over the Armed Forces Special Powers Act (AFSPA), the tenure of General V. K. Singh (chief of army staff from 2010 to 2012), and issues arising from pay commission reports and the equivalence between civilians and the military. These issues highlight the overall theme of this book—that there is considerable distrust and tension between civilians and the military. Next, it briefly discusses civil–military relations under the Modi government. Thereafter, it examines the issue of defense reforms, considered by many as a panacea to overcoming these difficulties. This is followed by an analysis of the divergence in the positions typically taken across all three levels—political, bureaucratic, and the military leaders.