bluuebunny/crossref_metadata_2025 huggingface dataset:
Justice Across Ages
Authors: Bidadanure Juliana Uhuru
Published: May 2021

Age structures our lives and societies. It shapes social institutions, roles, and relationships, as well as how we assign obligations and entitlements within them. Each life-stage also brings its characteristic opportunities and vulnerabilities, which spawn multidimensional inequalities between young and old. How should we respond to these age-related inequalities? Are they unfair in the same way gender or racial inequalities are? Or is there something distinctive about age that mitigates ethical concern? This book addresses these and related questions, offering a theory of justice between age groups. The book sets forth ethical principles to guide a fair distribution of goods like jobs, healthcare, income, and political power among persons at different stages of their life. At a time where young people are starkly underrepresented in legislatures and subject to disproportionally high unemployment rates, the book moves from foundational theory to the specific policy reforms needed today. If we are ever to live in a society where people are treated as equals, the book argues, we must pay vigilant attention to how age membership can alter our social standing. We should regard with suspicion commonplace forms of age-based social hierarchy, such as the political marginalization of teenagers and young adults, the infantilization of young adults and older citizens, and the spatial segregation of elderly persons. This position carries important implications for how we should think about the political and moral value of equality, design our social and political institutions, and conduct ourselves in a range of contexts including families, workplaces, and schools.
Equality over Time
Authors: Bidadanure Juliana Uhuru
Published: May 2021

Age is nothing like merit and effort. We have no more control over our age than over our ethnicity, and yet others may fail to treat us as equals on that basis. At the same time, we tend to tolerate differential treatment by age more than we do for other suspect grounds. After an analysis of age discrimination compared to other cases of discrimination, this chapter proposes that this is because age is “special” in at least one morally significant way: we can expect to pass through all the categories as we age, and so inequalities between age groups can be compatible with equal treatment of persons over time. This basic fact gives traction to a dominant view on equality through time: complete lives egalitarianism. This chapter critically examines the intuitive position that we should look for evidence of inequalities over time, rather than at each time segment, to establish whether a society is fair. It also discusses the implications of complete lives egalitarianism for intergenerational justice.
Relational Equality Between Age Groups
Authors: Bidadanure Juliana Uhuru
Published: May 2021

This chapter makes the case that synchronic equality can have value beyond its derivative impact on complete-lives equality and lifespan prudence. It proposes to draw on relational egalitarianism to explain what is wrong with a variety of intuitively troubling cases of synchronic inequality. While reasons of distributive fairness naturally give traction to the diachronic approach, there is no such pull to focus on complete lives when approaching inequalities relationally. Relational reasons can thus explain our reluctance to accept some troubling cases of synchronic inequalities better than competing views. When deciding whether an inequality between young and old is acceptable, the chapter argues, their relationships should be investigated for hierarchies in status, standing, respect, and power. The synchronic relational principle proposed in this chapter illuminates important social issues that have been under-discussed by philosophers—as illustrated by the case of infantilization by age—and has important policy implications.
Basic Income versus Basic Capital
Authors: Bidadanure Juliana Uhuru
Published: May 2021

This chapter considers the egalitarian proposal of enforcing a right to unconditional cash. It discusses when the payment should be made—in a lump sum at the beginning of individuals’ adult lives (as proponents of the basic capital grant argue), or in regular installments throughout people’s adult lives (as proponents of the basic income guarantee argue). Drawing on the previously developed temporal framework, the chapter provides an original account of the values underpinning the policies. A number of claims found throughout the literature are systematized and novel arguments are added along the way. The chapter concludes both that the debate between the two policy proposals is best described as a conflict about the temporality of justice and proposes that basic income be the baseline of egalitarian unconditional cash policies. Recognizing the diachronic power of basic capital, though, the chapter ends with an original version of basic income that incorporates a baby bond.
Internet Jurisdiction Law and Practice
Authors: Hörnle Julia
Published: May 2021

Jurisdiction is the foundational concept for both national laws and international law as it provides the link between the sovereign government and its territory, and ultimately its people. The internet challenges this concept at its root: data travels across the internet without respecting political borders or territory. This book is about this Jurisdictional Challenge created by internet technologies. The Jurisdictional Challenge arises as civil disputes, criminal cases, and regulatory action span different countries, rising questions as to the international competence of courts, law enforcement, and regulators. From a technological standpoint, geography is largely irrelevant for online data flows and this raises the question of who governs “YouTubistan.” Services, communication, and interaction occur online between persons who may be located in different countries. Data is stored and processed online in data centres remote from the actual user, with cloud computing provided as a utility. Illegal acts such as hacking, identity theft and fraud, cyberespionage, propagation of terrorist propaganda, hate speech, defamation, revenge porn, and illegal marketplaces (such as Silkroad) may all be remotely targeted at a country, or simply create effects in many countries. Software applications (“apps”) developed by a software developer in one country are seamlessly downloaded by users on their mobile devices worldwide, without regard to applicable consumer protection, data protection, intellectual property, or media law. Therefore, the internet has created multi-facetted and complex challenges for the concept of jurisdiction and conflicts of law. Traditionally, jurisdiction in private law and jurisdiction in public law have belonged to different areas of law, namely private international law and (public) international law. The unique feature of this book is that it explores the notion of jurisdiction in different branches of “the” law. It analyses legislation and jurisprudence to extract how the concept of jurisdiction is applied in internet cases, taking a comparative law approach, focusing on EU, English, German, and US law. This synthesis and comparison of approaches across the board has produced new insights on how we should tackle the Jurisdictional Challenge. The first three chapters explain the Jurisdictional Challenge created by the internet and place this in the context of technology, sovereignty, territory, and media regulation. The following four chapters focus on public law aspects, namely criminal law and data protection jurisdiction. The next five chapters are about private law disputes, including cross-border B2C e-commerce, online privacy and defamation disputes, and internet intellectual property disputes. The final chapter harnesses the insights from the different areas of law examined.
Jurisdiction of the Criminal Courts in Cybercrime Cases in Germany and England
Authors: Hörnle Julia
Published: May 2021

Chapter 5 deals with the jurisdiction of the criminal courts and the applicable criminal law (the ambit of the criminal law) and contrasts the English common law with German law in cybercrime cases, highlighting the similarity of the challenges and the differences in approach of both countries. As a broad rule of thumb, English common law (largely) restricts criminal jurisdiction to the territoriality principle, whereas German law recognizes the active and the passive personality principle, sometimes coupled with the double criminality rule, meaning that the act must be a criminal offence in the place where it was carried out. Notably, German law has codified the universality principle for certain offences, and by so doing exceeds its obligations under international treaties; for example, in respect of child sexual exploitation and abuse materials. Both countries face the same challenges in applying the territoriality principle and connecting cybercrime offences to their respective territories (eg in respect of the question where illegal content online was published). Criminal jurisdiction (subject to specific statutory exceptions) in England has long been confined by the terminatory approach, but has now been reformed by a substantial measure test. Finally, the chapter examines inchoate offences and the specific provisions on jurisdiction contained in the Computer Misuse Act.
Digital Investigations in the Cloud—Criminal Enforcement Cooperation
Authors: Hörnle Julia
Published: May 2021

Chapter 6 examines jurisdiction in criminal investigations where the digital evidence is stored in another country, as is likely where data is stored in the cloud. The territoriality principle and sovereignty mean that states are not allowed to carry out acts of investigations outside their territory. Internet technologies and remote cloud storage in the twenty-first century mean that much forensic evidence is likely to be physically stored in another country. If law enforcement authorities seize a computer on their territory it is increasingly likely that some of the data is stored in the cloud. Therefore, traditional investigatory powers limited to territory (such as a warrant to seize physical items) are not sufficient. This raises difficult questions of whether powers in respect of extended computer searches or disclosure orders can be implemented extraterritorially without breaching international law. This chapter provides a detailed examination of the traditional mechanisms of international cooperation through mutual legal assistance, the difficulties inherent in the traditional approach and the mechanisms to overcome these difficulties, including unilateral acts by states and new forms of international cooperation, such as the US system of bilateral agreements envisaged in the Cloud Act and, for the EU, the EU E-Evidence Proposal. The chapter critically analyses the data protection and human rights issues implicated by cross-border digital investigations and the role of private service providers who may disclose data in response to foreign law enforcement requests.
Civil and Commercial Cases in the EU: Jurisdiction, Recognition, and Enforcement, Applicable Law—Brussels Regulation, Rome I and II Regulations
Authors: Hörnle Julia
Published: May 2021

Chapter 8 examines the harmonized provisions on private international law in the EU. It discusses the conflict of law rules in civil and commercial matters contained in the Brussels Regulation on Jurisdiction and the Rome I Regulation (applicable law contracts) and Rome II Regulation (non-contractual obligations). It analyses their scope of application and the general and special rules of jurisdiction for contract and torts, and the law applicable to different types of contracts and non-contractual liability. It provides a general overview of the main aspects of private international law in the EU and how this applies in internet cases.
The “Prudential” Bit
Authors: Dorsey Dale
Published: May 2021

This chapter attempts to provide a defense of a sui generis form of intrinsic prudential value against skepticism of this notion expressed by, among others, G. E. Moore and Guy Fletcher. This chapter also addresses recent conceptual analyses of intrinsic prudential value, and argues that we should adopt what Stephen Campbell calls the ”Substantive Theory Strategy”.
The “Intrinsic” Bit
Authors: Dorsey Dale
Published: May 2021

This chapter is a sustained argument against the Moorean claim that the value of a bearer is intrinsic if and only if this value supervenes entirely on the intrinsic properties of the bearer. This chapter addresses both halves of this biconditional separately, and argues that neither side is true. Whether a bearer’s value is intrinsic, this chapter concludes, has nothing to do with the intrinsicality or extrinsicality of the properties upon which this value supervenes.
What Is a Theory of Prudential Intrinsic Value?
Authors: Dorsey Dale
Published: May 2021

There is little agreement among theorists concerning what we would like a theory of intrinsic prudential value to do. This chapter holds that such a theory is not meant to provide an account of a person’s well-being, life quality, or any other such notion, except derivatively. Instead, theories of intrinsic prudential value should provide (or offer a procedure to provide) a prudential ordering: those particular states, objects, or events that are intrinsic goods for a person, ordered by their comparative value.
The Valuing Attitude
Authors: Dorsey Dale
Published: May 2021

Ths chapter is the first of two that attempts to provide a theory of valuing, central to the subjectivist theory defended in Chapter Four. Against alternatives, this chapter argues that the best account of the nature of valuing is cognitive; a belief that the object or state in question is good.
Idealization
Authors: Dorsey Dale
Published: May 2021

This chapter addresses the use and abuse of idealization from within subjectivist theories of prudential value. I argue that any subjectivist view must idealize from within a theory of valuing—only idealized judgments properly characterize a person’s actual values. Nevertheless, I argue against holding that a person’s idealized values should form the basis of her good.
Axiology and Time
Authors: Dorsey Dale
Published: May 2021

This chapter provides a more precise account of the comparative value of a person’s valued projects in comparison to other prudential intrinsic values. To do so, I conduct an inquiry into the temporality of intrinsic benefits, and how the success of a project benefits individuals at a time.
Scoreism and the Constitution of Prudential Reasons
Authors: Dorsey Dale
Published: May 2021

This chapter addresses the nature and constitution of prudential reasons. I argue that we should reject scoreism, according to which prudential reasons are constituted by facts about well-being scores (i.e., how “well-off” one is at a time), but instead should be constituted by facts about intrinsic prudential values (i.e., that a particular thing is intrinsically good). This understanding of prudential reasons helps to solve a persistent problem for subjectivist theories of the good.
The Possibility of Temporal Bias
Authors: Dorsey Dale
Published: May 2021

This chapter discusses whether prudential rationality ought to permit of temporal biases: biases toward goods in the near future in comparison to the far future, and goods in the future in comparison to the past. I argue that there are strong rationales for such biases and that extant arguments offered by Meghan Sullivan, David Brink, Meghan Sullivan and Preston Greene, and Tom Dougherty against such biases fail.
Temporal Neutrality and The Demandingness of Prudence
Authors: Dorsey Dale
Published: May 2021

This chapter provides a rationale for temporal neutrality that succeeds against the rationales for temporal biases provided in Chapter Eleven. I argue that temporally biased agents display unsavory attitudes toward temporally located goods that should not be permitted by an acceptable theory of prudential rationality. Following this, I discuss the demandingness of prudence in light of temporal neutrality, and argue that while prudence may be a significant source of self-regarding reasons, it needn’t be the only such source.
Treating Disabled Adults as Children
Authors: Cureton Adam
Published: May 2021

Adam Cureton points out that the intuitively plausible claim that it is disrespectful to treat mentally competent adults as if they were children gives rise to a puzzle, within a Kantian framework. It seems possible to fulfill basic Kantian duties of respect toward adults with disabilities (respecting their basic rights, for example, and recognizing their intrinsic worth), while still treating them like children. So how is it disrespectful to offer unwanted paternalistic assistance to a disabled person, or to speak to her condescendingly, if one is otherwise treating her as an end in herself? Cureton answers that Kant not only describes duties of respect toward rational beings in general, but also says that specific forms of respectful treatment are appropriate for particular people because of their situation or station. Cureton proposes that treating disabled adults like children typically involves miscategorizing their “station” of being competent adult decision makers.
The Oxford History of Romanian Morphology
Authors: Maiden Martin , Dragomirescu Adina , Pană Dindelegan Gabriela , Uţă Oana , Zafiu Rodica
Published: May 2021

Romanian is one of the most morphologically complex Romance languages. This book is the first ever comprehensive and accessible account of how that morphological system evolved. Here are some of the most salient morphological traits distinctive of this language: it possesses an inflexional case system; unlike other Romance languages, it has an inflexional vocative; the morphological marking of number reached such a level of unpredictability that, for most nouns (and for many adjectives), the form of the plural must be independently specified alongside that of the singular; in addition to masculine and feminine, it seems to possess a third gender, often referred to as a ‘neuter’; its verb system contains a non-finite form, which apparently continues the Latin supine; the infinitive has undergone a morphological split such that one form functions now purely as a noun, while the other remains purely a verb; the distinctive morphology of the subjunctive has largely disappeared; lastly, noun and verb morphology are deeply permeated by the effects of successive sound changes, which have created remarkably complex patterns of allomorphy. The origins of many of these developments are problematic, indeed controversial. Moreover, they are problematic in ways that are of interest not only to broader historical Romance linguistics but, even more broadly, to morphological theory tout court. The Oxford History of Romanian Morphology shows how the features listed here are relevant to students and scholars interested in historical morphology generally no less than they are to Romance linguists.
Pronominal and indefinite structures
Authors: Maiden Martin , Dragomirescu Adina , Dindelegan Gabriela Pană , Bărbulescu Oana Uță , Zafiu Rodica
Published: May 2021

What are the nature and the history of the distinction between stressed and clitic pronouns? What are the morphological characteristics of clitics and combinations of clitics? How did morphological markers of distance and respect emerge in pronouns? How are gender, number, and case expressed in pronouns? What is the nature of relative and interrogative pronouns? What is the history of indefinite pronouns? What is alde and where does it come from?
The verb
Authors: Maiden Martin , Dragomirescu Adina , Dindelegan Gabriela Pană , Bărbulescu Oana Uță , Zafiu Rodica
Published: May 2021

What is the general structure of the Romanian verb? What are the verb’s inflexion classes and where do they come from? How is the verb’s inflexional paradigm structured? What is the nature of the extensive allomorphy found in lexical roots? Where do suppletive patterns come from? What is the morphological history of non-finite forms? What are ‘morphomic’ patterns and how did they emerge in the verb? What is the morphological history of auxiliary verbs? What is the history of novel periphrastic constructions involving auxiliary verbs and non-finite verb forms?
Word formation in diachrony
Authors: Maiden Martin , Dragomirescu Adina , Dindelegan Gabriela Pană , Bărbulescu Oana Uță , Zafiu Rodica
Published: May 2021

How are affixes structured and segmented? What is the range of diminutive and augmentative suffixes? What suffixes are ethnic and agentive in Romanian? How do suffixes mark distinctions of sex? What suffixes mark abstract nouns, adjectives, and verbs? What are the prefixes of Romanian? What is the nature of Romanian prefixoids and suffixoids? How are compound nouns, adjectives, and verbs formed? What is the morphological history of numerals?
When Freeing Your Mind Isn’t Enough
Authors: Dotson Kristie , Sertler Ezgi
Published: May 2021

In this chapter, Kristie Dotson and Ezgi Sertler probe the transformative potential of framework approaches to social justice. They challenge the idea that framework shifts at different levels equate to changes in the social arrangements they aim to reconceptualize. Ultimately, they claim that framework approaches to social transformation have two limitations that include: (i) failing to lead to the epistemological ingenuity they often promise; and, even where such ingenuity might be achieved, (ii) leaving untouched the actual social arrangements that facilitate the circumstances under analysis. This chapter proceeds in four sections. First, there is an introduction to viewing social justice issues through epistemological approaches. Second, Dotson and Sertler explain what they mean by a framework approach to social transformation. Third, they discuss a framework approach to social justice by looking into framework approaches to understanding “political prisoners” and its potential aims and aspirations. Fourth, they conclude by responding to a potential objection for this framework analysis by assessing the “work” of their own framework analysis.
Situated Knowledge, Purity, and Moral Panic
Authors: Kukla Quill R.
Published: May 2021

A great deal of contemporary epistemology is driven by a kind of moral panic over the worry that there are no “pure” epistemic practices, perspectives, or standards detachable from the social situation of knowers. Kukla argues that we cannot do epistemology without fundamental, central attention to social identities, power relations, and the social institutions and structures within which epistemic practices happen. But this result is of no threat to our usable notions of objectivity, justification, and the like. The quest for purity is unnecessary. We should recognize it as a product of ideology and become comfortable with situatedness as an everyday phenomenon. Kukla ends by arguing that a proper naturalized, non-ideal epistemology—one more continuous with the empirical sciences—will treat situatedness not as something spooky or epistemologically threatening, but just as an empirical fact about our epistemic practices.
Epistemic Degradation and Testimonial Injustice
Authors: Pynn Geoff
Published: May 2021

In this chapter, Geoff Pynn asks what is the nature of the wrong involved in cases of testimonial injustice. After raising problems for accounts that explain the wrong in terms of objectification, where speakers are treated as mere sources of information rather than as informants, and in terms of derivatization, where speakers are treated as if their epistemic contributions are solely in support of—and not in tension with—any of our own capacities, Pynn proposes what he calls a degradation account of the wrong of testimonial injustice. The wrong of testimonial injustice involves epistemic degradation, which consists in a public violation of a speaker’s epistemic, status-linked entitlements. Drawing on the view that knowledge is the norm governing epistemically proper assertion, Pynn argues that a knowledgeable speaker whose assertion is rejected on the basis of an identity-prejudicial credibility deficit suffers a violation of her entitlement to acceptance.
My Body as a Witness
Authors: Medina José , Henning Tempest
Published: May 2021

In this chapter, José Medina and Tempest Henning examine the role that bodily testimony can play in social and political epistemology. They develop an account of how to understand the testimonial force and content of non-verbal communicative acts, such as gestures and facial expressions, that depends on three features: the communicative context, the embodied positionality of the communicator, and the communicative uptake that the audience gives, or fails to give, to the expressive behavior of the body. In particular, Medina and Henning argue that under conditions of racial oppression, all racialized bodies—non-white as well as white—are epistemically valued in different ways and thus receive different kinds of communicative uptake. At the same time, Medina and Henning argue that bodily group testimony is well suited for cultivating in-group communicative solidarity and for giving center-stage to in-group members in testimonial dynamics, and so bodily communication can be used in resistant testimony.
The ‘White’ Problem
Authors: Mills Charles W.
Published: May 2021

In this chapter, Charles Mills looks at the historic framing of race as “the Negro problem” and its implications for the development of American sociology in particular. As black radical theorists of the socio-political order have always insisted: to the extent that there is a Negro problem, it has to be contextualized within the larger structural matrix of the white problem. But the failure to recognize white oppression as the environing and shaping causal background has necessarily misoriented inquiry from the start. Drawing on two prizewinning sociological texts, Stephen Steinberg’s Turning Back: The Retreat from Racial Justice in American Thought and Policy (1995) and Aldon Morris’s The Scholar Denied: W. E. B. Du Bois and the Birth of Modern Sociology (2015), Mills argues that “epistemic injustice” as a concept has to be expanded to include possible foundational distortions in the structure of the disciplines themselves.
A Tale of Two Injustices
Authors: Davis Emmalon
Published: May 2021

This chapter has two aims. First, Davis distinguishes between two forms of testimonial injustice: identity-based testimonial injustice and content-based testimonial injustice. Second, Davis utilizes this distinction to develop a partial explanation for the persistent lack of diverse practitioners in academic philosophy. Specifically, Davis argues that both identity-based and content-based testimonial injustice are prevalent in philosophical discourse and that this prevalence introduces barriers to participation for those targeted. As Davis shows, the dual and compounding effects of identity-based and content-based testimonial injustice in philosophy plausibly contribute to a lack of diversity in the social identities of practitioners and the discourses in which practitioners are engaged.
The Epistemology of Consent
Authors: Guerrero Alexander A.
Published: May 2021

Philosophers spend a lot of time discussing what consent is. In this chapter, Alexander Guerrero suggests that there are also hard and important epistemological questions about consent and that debates about consent often mistake epistemological issues for metaphysical ones. People who defend so-called “affirmative consent” views sometimes are accused of, or even take themselves to be, offering a new, controversial view about the nature of consent. Guerrero argues that this is a mistake. The right way of understanding “affirmative consent” is as a view about what is required, epistemically, before one can justifiably believe that another person has consented. This view will be justified, if it is, because of background views about epistemic justification and the way epistemic justification interacts with moral norms governing action. Guerrero concludes by discussing the implications of this view for the morality and law regarding consent.
WDM Local-Area Networks
Authors: Datta Debasish
Published: May 2021

WDM-based broadcast-and-select transmission over optical passive-star topology can significantly enhance the speed of optical LANs/MANs. This type of optical LAN/MAN (or simply WDM LAN) can function using a variety of network architectures. In particular, WDM LANs can transmit packets between two nodes using direct or single-hop transmission or through intermediate nodes using multihop transmission, leading to broadly two types of network architectures: single-hop and multihop. The nodes in WDM LANs can employ two types of transmitters and receivers: tunable transmitter (TT) or fixed transmitter (FT) and tunable receiver (TR) or fixed receiver (FR), giving four types of WDM transceiver configurations: TT-TR, TT-FR, FT-TR, and FT-FR. Of the four configurations, the first three can realize single-hop communication, while the fourth generally leads to multihop networks. In this chapter, we describe various types of passive-star-based WDM LANs and examine their salient performance features. (141 words)
WDM Long-Haul Networks
Authors: Datta Debasish
Published: May 2021

Ever-increasing traffic in the long-haul networks called for WDM-based transmission, all the more when compared to the metro and access segments. Further, although the interconnected WDM rings served the needs of long-haul networks for some time, mesh-connected WDM networks appeared as a natural and more effective solution, with enhanced connectivity and resilience against network failures. In this chapter, we first examine the basic design challenges and the candidate node configurations for WRON-based mesh networks. Next we present various offline design methodologies for this class of networks using LP-based and heuristic schemes. Impact of wavelength conversion (WC) in mesh-configured WRONs is also examined by using analytical models, and the gain in bandwidth utilization is assessed in WRONs with full WC as compared to those without any WC. Finally, we examine some online routing and wavelength assignment schemes that can be used for operational WRONs. (143 words)
Datacenter Networks
Authors: Datta Debasish
Published: May 2021

In today’s society, datacenters play significant roles by providing data storage and computing power needed to carry out a wide variety of tasks, such as web mail, web searching, online transactions, social networking for individuals, and big-data processing tasks at organizational level, including machine learning, and high-performance computing. Datacenters typically consist of a large number of interconnected servers, up to hundreds of thousands of them, hence needing bandwidth-efficient networking between themselves with controlled power operation. Use of optical switching in intra-datacenter networks can significantly improve their overall performance with enhanced speed and reduced power consumption. We present various types of datacenters, using electrical, optical, and hybrid switching. Finally, we present some heuristic methods for designing WRON-based backbone networks for hosting datacenters at suitable locations, and a popularity-based replication strategy of various objects in the selcted datacenters. (136 words)
The Sovereignty Conundrum
Authors: Keating Michael
Published: May 2021

There are two ways of understanding the UK constitution. The classic Diceyean view is that sovereignty lies with the monarch-in-parliament alone. This is a fact, which requires no historical or normative justification. The other interpretation is that there are multiple sources of legitimate authority, including those embedded in the original union settlements, conventions, European Union law (before Brexit), European human rights law, normative principles and the devolution settlements. According to the first interpretation, devolution means that Westminster has lent power to the devolved institutions but can take it back at any time. According to the second, devolution is a constitutional measure, introducing federal principles into the union. In ordinary times, these conflicting interpretations can coexist but at times of crisis they come into the open.
Between Two Unions
Authors: Keating Michael
Published: May 2021

The devolution settlement of 1999 was introduced during UK membership of the European Union. The EU provided an external support system for it. Ideas of shared and divided sovereignty, on which the EU is (for many) based, complement similar interpretations of the United Kingdom as a union rather than a nation state. Like the UK, the EU has no fixed demos, telos, ethos or agreed locus of sovereignty; these are, rather, contested. The EU also provided for market integration through the internal market, obviating the need for internal market provisions in the devolution settlement. EU membership for both the UK and Ireland meant that the physical border could be dismantled. UK withdrawal from the EU therefore destabilizes the settlement, especially given the Remain majorities in Scotland and Northern Ireland. This has revived demands for Scottish independence and Irish reunification. There is a protocol allowing Northern Ireland to remain within the regulatory ambit of both the UK and the EU. A demand for similar provisions for Scotland was refused.
Broberg and Fenger on Preliminary References to the European Court of Justice
Authors: Broberg Morten , Fenger Niels
Published: May 2021

This fully updated and revised 3rd edition of Preliminary References to the European Court of Justice provides a meticulous and yet easily accessible examination of all aspects of the preliminary reference procedure. A reference for a preliminary ruling is a request from a national court of an EU Member State to the European Court of Justice to give an authoritative interpretation on an EU act or a decision on the validity of such an act. Preliminary rulings have played a pivotal role in the development of the European Union. The European Union’s preliminary reference procedure has been copied by several other international organisations – including not least the European Economic Area (EEA) and the EFTA Court. Since the second edition, the European Court of Justice has rendered a considerable number of rulings which have led to important changes to the book. This is particularly reflected in the treatment of the Court’s acte clair doctrine, of preliminary references from administrative appeal boards and arbitration tribunals and of preliminary references regarding international agreements. And it is reflected in the interaction between the preliminary reference procedure and the European Convention on Human Rights as well as in a more general revision of the text bringing it up to date by taking into account new case law and new legal writings. With backgrounds as both practitioners and academics the two authors have produced a book that caters for the needs of both practitioners and academics.
Which Bodies May Refer?
Authors: Broberg Morten , Fenger Niels
Published: May 2021

Chapter 3 discusses which bodies may make preliminary references. Only ‘a court or tribunal of a Member State’ has this right. Chapter 3 examines a number of possible criteria; namely is the referring body established by law, does it have permanent character, is it independent, is the body’s jurisdiction compulsory, does it use an adversary procedure, does it make its decisions on the basis of legal rules, can it issue decisions of a judicial nature in the context of the preliminary reference, does the members of the body include lawyers, does the question leading to the preliminary reference arise in connection with the settlement of a dispute, and are there other judicial solutions to the conflict in question? Chapter 3 next considers what types of bodies may make preliminary references. This examination covers, ordinary courts, international courts and courts with jurisdiction in more Member States, arbitration tribunals, administrative authorities and ombudsmen, and private bodies. Chapter 3 also considers when a court is of an EU Member State. Moreover, Chapter 3 examines whether a court of a Member State may not make a preliminary reference because its activities are not of a judicial nature or because, under national law, it is precluded from doing this.
What Questions Can Be Referred?
Authors: Broberg Morten , Fenger Niels
Published: May 2021

Chapter 4 examines which questions can be referred for a preliminary ruling. The European Court of Justice has jurisdiction to give preliminary rulings on the interpretation of the Treaties, and on the validity and interpretation of acts of the institutions, bodies, offices, or agencies of the Union. It does not have jurisdiction to rule on the interpretation or validity of international law or national laws, and it is prevented from giving a binding ruling on the facts that are put before a national court. Chapter 4 explains the reference to ‘the Treaties’ as well as the meanings of ‘acts’, ‘institutions, bodies, offices or agencies’, and ‘validity’. This examination includes police and judicial cooperation, common foreign and security policy, the Euratom Treaty and the ECSC Treaty, and it includes preliminary references concerning international agreements. The chapter also examines the extent to which the Court of Justice can give its opinion on the facts or the content of national law in connection with a reference for a preliminary ruling or on questions that concern circumstances that arise before a Member State’s accession to the European Union or where the preliminary ruling is rendered after a Member State’s withdrawal from the Union (eg Brexit).
When Are National Courts Obliged to Refer Questions?
Authors: Broberg Morten , Fenger Niels
Published: May 2021

Chapter 6 defines when a national court must make a preliminary reference. In principle, a national court whose decision cannot be appealed against (a court of last instance) is obligated to make a reference for a preliminary ruling if the main proceedings give rise to a question about the interpretation or validity of EU law. The chapter analyses when a national court is regarded as being a court of last instance and it analyses when a court of last instance is exempt from the obligation to make a reference. Particular focus is upon the acte éclairé and acte clair doctrines. Chapter 6 also examines when national courts, other than those of last instance, have a duty to make a reference. The chapter also considers the legal consequences of a national court failing to comply with its obligation to make a reference; in this respect it considers the question of how a failure to make a preliminary reference may affect the validity of a national judgment, the duty to reopen the case file, the obligation to pay damages, the possibility that the Commission will initiate infringement proceedings, and the possibility that such failure will constitute an infringement of the European Convention on Human Rights.
Dorothea Schlegel and the Challenges of Female Authorship and Identity
Authors: Sassen Brigitte
Published: May 2021

In this chapter, I explore the particular social, religious, and gender pressures faced by eighteenth-century women authors by considering these pressures within the context of three stages of the life of Dorothea Schlegel (born Brendel Mendelssohn): first, in her early life and first marriage, secondly, in her emergence as an intellectual and author during the years in Jena with Friedrich Schlegel and the early Romantics, and thirdly, in her post-Jena years when she was active as a translator and story-teller. The chapter looks at the reasons for her dissatisfaction with her first marriage and considers how women intellectuals and writers were viewed in the eighteenth century.
Is She Not an Unusual Woman? Say More
Authors: Moland Lydia L.
Published: May 2021

Germaine de Staël and Lydia Maria Child were both among the most well-known female intellectuals of their times and places: Staël in eighteenth-century Europe, Child in the nineteenth-century United States. Both women were influential in spreading the ideas of eighteenth-century German philosophy, and both used philosophical ideas to articulate their insights on the progress of history and the moral potential of art. Both also used their philosophical skills to address the moral crisis of slavery and to articulate the burden of being an unusual woman. As Staël’s first American biographer, Child helped extend Staël’s ideas beyond Europe and into the United States. Comparing their philosophical views provides us with an echo of women’s involvement in eighteenth-century German philosophy in the tumultuous American nineteenth century.
Ordinary randomness
Authors: Stoltzfus Arlin
Published: May 2021

Chapter 2 addresses how well the biological process of mutation is described by some of the ordinary meanings of “chance“ or “randomness“ in science: lack of purpose or foresight, uniformity (homogeneity), stochasticity, indeterminacy, unpredictability, spontaneity, and independence (chance). Ordinary mutations exhibit various kinds of heterogeneity (nonuniformity), e.g., by genomic position, or by cell-cycle state. The occurrence of mutations is affected by various conditions inside the cell, e.g., the spectrum of replication errors is shaped by the composition of DNA precursor pools. Many of the processes that lead to mutation are spontaneous in the sense of emerging internally, but some processes reflect external effects such as radiation or uptake of foreign DNA. Though most of the processes that lead to mutations are “macroscopic,” some processes (e.g., damage caused by radioactive decay or electromagnetic radiation) implicate quantum indeterminacy.
The problem of variation
Authors: Stoltzfus Arlin
Published: May 2021

Chapter 7 maps out a broad framework for considering the problem of variation in evolution. Under the neo-Darwinian view that variation merely plays the role of supplying random infinitesimal raw materials, with no dispositional influence on the course of evolution, a substantive theory of form and its variation is not required to specify a complete theory of evolution. This view has been breaking down from the moment it was proposed, and is now seriously challenged by results from evo-devo, comparative genomics, molecular evolution, and quantitative genetics. For instance, the multivariate generalization of quantitative genetics indicates that selection cannot possibly act as an independent governing force. Replacing a theory of variation as fuel with a theory of variation as a dispositional factor will require, at minimum, an understanding of tendencies of variation (source laws), and an understanding of how those tendencies affect evolution (consequence laws).
Climbing Mount Probable
Authors: Stoltzfus Arlin
Published: May 2021

Chapter 8 provides the formal basis to recognize biases in the introduction of variation as a cause of evolutionary biases. The shifting-gene-frequencies theory of the Modern Synthesis posits a “buffet” view in which evolution is merely a process of shifting the frequencies of pre-existing alleles, without new mutations. Within this theory, mutation is represented like selection or drift, as a “force” that shifts frequencies. Yet, within a broader conception of evolution, a second kind of causal process is required: an introduction process that can shift a frequency upwards from 0, which selection and drift cannot do. Abstract models demonstrate the influence of biases in the introduction process in one-step and multi-step adaptive walks. Such biases do not require mutation biases per se, but may arise from effects of development, and from the differential accessibility of alternative forms in abstract possibility-spaces.
The Poets of Rapallo
Authors: Arrington Lauren
Published: May 2021

Why did poets from the United States, Britain, and Ireland gather in a small town in Italy during the early years of Mussolini’s regime? These writers were—or became—some of the most famous poets of the twentieth century. What brought them together, and what did they hope to achieve? The Poets of Rapallo is about the conversations, collaborations, and disagreements among Ezra and Dorothy Pound, W.B. and George Yeats, Richard Aldington and Brigit Patmore, Thomas MacGreevy, Louis Zukofsky, and Basil Bunting. Drawing on their correspondence, diaries, drafts of poems, sketches and photographs, this book shows how the backdrop of the Italian fascist regime is essential to their writing about their home countries and their ideas about modern art and poetry. It also explores their interconnectedness as poets and shows how these connections were erased as their work was polished for publication. Focusing on the years between 1928 and 1935, when Pound and Yeats hosted an array of visiting writers, this book shows how the literary culture of Rapallo forged the lifelong friendships of Richard Aldington and Thomas MacGreevy—both veterans of the First World War—and of Louis Zukofsky and Basil Bunting, who imagined a new kind of “democratic” poetry for the twentieth century. In the wake of the Second World War, these four poets all downplayed their relationship to Ezra Pound and avoided discussing how important Rapallo was to their development as poets. But how did these “democratic” poets respond to the fascist context in which they worked during their time in Rapallo? The Poets of Rapallo discusses their collaboration with Pound, their awareness of the rising tide of fascism, and even—in some cases—their complicity in the activities of the fascist regime. The Poets of Rapallo charts the new direction for modernist writing that these writers imagined, and in the process, it exposes the dark underbelly of some of the most lauded poetry in the English language.
Shell-Shocked Walt Whitmans
Authors: Arrington Lauren
Published: May 2021

Chapter 2 begins with a dinner party at which W.B. and George Yeats, Richard Aldington, and Brigit Patmore were present. Closely reading Aldington’s poetry as well as his novel, Death of a Hero (much of which was written in Rapallo), this chapter considers Yeats’s attitude to the postwar poets whom he derided as “shell-shocked Walt Whitmans.” The chapter also looks at connections between Aldington’s poem The Eaten Heart and Pound’s The Spirit of Romance, and their surprising relationship to W.B. Yeats’s poem “Parnell’s Funeral.” The chapter concludes with Yeats’s address of “war poetry” in The Oxford Book of Modern Verse and his inclusion there of another of Rapallo’s visitors: Siegfried Sassoon.
Primavera 1928
Authors: Arrington Lauren
Published: May 2021

This chapter begins by examining the periodical culture of the Rapallo poets: Ezra Pound’s magazine The Exile and the literary supplement to Il Mare. It considers the machismo that Pound cultivated in these magazines and how his ideas about masculinity relate to the masculine public sphere encouraged by the fascist state. It looks closely at Bunting’s contributions to Il Mare’s literary supplement. The chapter concludes by addressing the anthologies that Pound produced and the collaboration of Bunting and Zukofsky on the post-Rapallo Workers Anthology, considering the pedagogical aims of these projects and their political implications.
Making Living History
Authors: Arrington Lauren
Published: May 2021

This chapter focuses on the reading and reception of Oswald Spengler’s Decline of the West among the Rapallo poets. It shows how Spengler’s ideas resonated in W.B. and George Yeats’s A Vision, and—less obviously—in Dorothy Pound’s ideas about the capacity of aesthetic form to manifest a metaphysical idea. The chapter looks at Yeats’s essays for Dublin Magazine about the roles of state-sponsored institutions and Dorothy Pound’s attention to fascist architecture in her letters and drawings, showing how their work was responding to the large-scale cultural projects of the regime.