bluuebunny/crossref_metadata_2025 huggingface dataset:
Place and Memory
Authors: Sutton John
Published: May 2020

Despite the new mobility of early modern English society, practices of personal and shared remembering were still anchored in experienced place. Even as technologies and strategies for dealing with past and future altered, memory was richly scaffolded by landscapes, artefacts, architecture, and institutions which themselves bore traces of individual and cultural intervention. This chapter discusses historical variation in two forms of remembering: explicit memories of specific past events, and embodied memories enacted in routine and habitual or skilful action. It is motivated by recent historical scholarship, especially from Nicola Whyte and Andy Wood, on topographies of remembrance in early modern landscape. It connects this new cultural history to the focus on lived bodily experience which characterizes historical phenomenology. It shows personal memory and embodied or habitual memory in play together, interacting in coordinated or competing ways, and assesses the historical utility of the idea of distributed cognitive ecologies.
Meteorology, Embodiment, and Environment in Shakespeare’s A Midsummer Night’s Dream
Authors: Crane Mary Thomas
Published: May 2020

The fairies in Shakespeare’s A Midsummer Night’s Dream represent agents of meteorology, the branch of natural philosophy that explained the unruly and impermanent world of elements that existed below the sphere of the moon. Although the conclusion of the play stages a resecuring of social and institutional control over unruly natural forces, it leaves questions about how permanent that control can be. As anthropomorphized forces of nature, the fairies reveal the limits of human ability to control the natural world, highlighting the power of what Jane Bennett has called ‘vital materialism’.
‘My Hand Would Dissolve, Or Seem to Melt’
Authors: Poole Kristen
Published: May 2020

Early modern English literary texts resound with references to ‘melting’ and ‘dissolving’—persons, the earthly environment, and the larger cosmos are associated with dissolution. This concern with melting and dissolving originates in Stoic physics: as with Galen’s model of the humoral body, Stoics understood the material universe to be composed of a fiery liquid known as pneuma. The inheritance of Stoic theories of cosmology and material physics provided early moderns with a vibrant and dynamic way of understanding matter; this material understanding inflected the experience of the body as well as expectations for the behaviour of the earthly environment and the wider cosmos. Stoic physics thus influenced not only the particular idea of the humoral body, but the very relationship of human and environment and corresponding affective states. This influence is exemplified in Shakespeare’s Antony and Cleopatra.
Passions of the Flock
Authors: Yates Julian
Published: May 2020

How did the modelling of human emotions through sheep and wolf avatars in early modern humoral psychology contribute to understandings of how and why theatre appealed to human spectators? Reading Thomas Wright’s The Passions of the Mind in General through the lens provided by the work of Gail Kern Paster, this chapter offers an account of these dynamics in the context of the public theatre as remembered in Thomas Nashe’s Piers Pennilesse.
The Habitation of Airy Nothings in A Midsummer Night’s Dream
Authors: Floyd-Wilson Mary
Published: May 2020

Faith in an invisible, intrusive spirit world necessarily shapes how early moderns understood the various and constant transactions between self and place. A Midsummer Night’s Dream not only stages the unseen spirit world for its audience, but it also suggests that the embodied minds of Demetrius, Bottom, and even Theseus have been unknowingly breached and altered by invisible spirituous entities. Cognition and affect in A Midsummer Night’s Dream prove to be ecological. However, our understanding of how early moderns perceived this ecology should encompass their belief in indiscernible, nonhuman agents. As scholars have observed, the distribution of cognitive and affective processes across brain, body, and world extends the human mind into the environment. A Midsummer Night’s Dream helps us see how early moderns also discerned this process in reverse, where an animated, and surprisingly motivated, spirit world extends through brains and bodies.
Kant’s Consistency
Authors: Insole Christopher J.
Published: May 2020

This chapter dispatches and critiques a current vogue of identifying a variety of ‘phases’ in Kant’s articulation of his ‘moral proof’, and his thinking about the highest good, and happiness, in relation to morality: where, for example, in one text, Kant is thought to invoke happiness as an incentive, but, in another later text, to regard it as a consequence, and then, in yet another text, as a psychological prop, in relation to moral motivation. Kant’s consistent claim, it is argued, is as follows: that being moral is absolutely binding and motivating in its own terms, but that if there is no realm of freedom (which involves the postulation of God, for reasons to be investigated), there is no such thing as morality, and, therefore, simply no issue about moral obligation or motivation. Kant can be interpreted as having a consistent position across all his critical texts, where any variety in emphasis is most plausibly put down to Kant’s attention to different facets and aspects of a multifaceted claim. The consistent position ascribed to Kant is that belief in freedom, and in a noumenal intelligible realm, is the lynchpin of his philosophical-religious hope.
An Account of Beauty
Authors: O’Collins, S.J. Gerald
Published: May 2020

Jacques Maritain followed Thomas Aquinas by identifying the truly beautiful as perfect, harmonious, and radiantly splendid. To this account we may add that beauty, above all the beauty of God, enjoys inexhaustible meaning and overlaps with the Holy (see Rudolf Otto). The divine beauty is an awesome and fascinating mystery. Beauty triggers love. Loving beauty opens the way to knowing the truth, and helps us grasp and practise virtue. We can speak of beauty ethics, as well as virtue ethics. Despite a partial, modern ‘eclipse’ of beauty, a sense of beauty has not disappeared. Experiments with newly born children suggest that a sense of beauty is innate. Love of beauty, however, should not lead us to ignore ways in which beauty may be used for evil purposes.
Intelligence and Intelligibility
Authors: Lloyd G. E. R.
Published: May 2020

This study investigates the tension between two conflicting intuitions, our twin recognitions: (1) that all humans share the same basic cognitive capacities; and yet (2) their actual manifestations in different individuals and groups differ appreciably. How can we reconcile our sense of what links us all as humans with our recognition of these deep differences? All humans use language and live in social groups, where we have to probe what is distinctive in the experience of humans as opposed to that of other animals and how the former may have evolved from the latter. Moreover, the languages we speak and the societies we form differ profoundly, though the conclusion that we are the prisoners of our own particular experience should and can be resisted. The study calls into question the cross-cultural viability both of many of the analytic tools we commonly use (such as the contrast between the literal and the metaphorical, between myth and rational account, and between nature and culture) and of our usual categories for organizing human experience and classifying intellectual disciplines, mathematics, religion, law, and aesthetics. The result is a robust defence of the possibilities of mutual intelligibility while recognizing both the diversity in the manifestations of human intelligence and the need to revise our assumptions in order to achieve that understanding.
Magic
Authors: Lloyd G. E. R.
Published: May 2020

This chapter discusses the interpretation of what are commonly labelled magical acts or irrational beliefs, which earlier commentators (Frazer, Malinowski, Evans-Pritchard) often dismissed as failed technology or failed science, if not just superstitious rubbish. Following Tambiah, it introduces the contrast between the goals of ‘efficacy’ and that of ‘felicity’. In many cases the apparent aim is not causal efficacy, i.e. to achieve a particular effect or result, but felicity, where the criterion is rather what is appropriate to the occasion. It takes examples from ancient Greece and China to illustrate how these two criteria may differ and how they play out in the context of medicine, where rival styles of treatment have different aims in their attempts to heal or to secure well-being.
The Argument from Language
Authors: Lloyd G. E. R.
Published: May 2020

Although other living beings can communicate with one another using sounds and gestures, the range of the messages that humans can convey is far greater. But if language is a capacity that all normal humans possess, the variety of different natural languages poses severe problems for translation and mutual intelligibility. However, to argue that the obstacles to communication across languages and even within them are insurmountable is to underestimate where it is still possible to reach some provisional understanding. How far do different natural languages constrain what can be expressed or understood within them? Taking Chinese as one example, this chapter argues against linguistic determinism and stresses the possibilities of mutual intelligibility even while recognizing its limits
Test Case 2
Authors: Lloyd G. E. R.
Published: May 2020

Is ‘religion’ a Western category imposed artificially on the experience, beliefs and practices of non-Western peoples? Or does religion correspond to some underlying universal biological, psychological or social human need? This chapter reviews some current theories on the definitional problems (Geertz, Boyer). It considers the evidence from ethnography and from ancient peoples to express scepticism about most universalist claims. There are thus problems in using this category across populations, although that is not to say that others’ behaviour and beliefs are totally beyond our reach. However, all the outsider comprehends about the mystic’s experience is that some exceptional event has occurred, not any of the content of that experience.
Is the Ethical Demand Destructive on Account of Its Radical Character?
Authors: Løgstrup K. E.
Published: May 2020

This chapter considers the relation between the ethical demand and natural love, understood as love which has a biological, psychological, or sociological basis. It is argued that while natural love may appear more reciprocal than the ethical demand, in fact this contrast is superficial, and is partly based on the misapprehension that the ethical demand is destructive for the person acting on it. Instead, it is argued, the ethical demand arises when natural love fails. Moreover, it is argued, if we are capable of responding to the other person with love, this is not due to our own efforts, as the self is inherently selfish and thus wicked; love is therefore the result of the goodness of life, rather than the goodness of human beings. This also makes the ethical demand unfulfillable, as if the demand arises, love has already failed, to be replaced by a sense of obligation.
Making Compromises with the Demand
Authors: Løgstrup K. E.
Published: May 2020

It has been argued that the ethical demand arises when love fails. When this happens, we may then fulfil our obligation to care for the other person not out of loving concern for them, but from other motives, such as the self-righteous satisfaction of having done our duty, or out of fear of not doing it. We thus find ourselves in a contradictory situation, of being faced by a demand on the one hand, which it is impossible to satisfy on the other, as the demand should not have arisen as a demand at all. When it does arise, we seem to be faced with a decision whether to act, and obey the demand for care; but for the agent who genuinely loves the other person, no such decision situation will arise, as no other option will appear to be available to them.
Thinking and Existence
Authors: Løgstrup K. E.
Published: May 2020

This chapter considers the relation between thought and existence as it arises in the context of Kierkegaard’s work. It is argued that Kierkegaard saw a clear contrast between the two, which he formulated in various ways: as the contrast between the universal and the particular; between disinterestedness and interest; and atemporality and temporality. At the same time, Kierkegaard was not suggesting that thinking simply be abandoned when it comes to existence, as this is itself to think in too abstract a way. On the contrary, thinking must acknowledge and learn to live with an irresolvable tension here, which will precisely give rise to the kind of movement and becoming which is essential to the analysis of existence offered by Kierkegaard, and which must be made fundamental to a truly philosophical conception of thinking, which no longer seeks to impose itself on existence, but to remain open to it.
Introduction
Authors: Freudlsperger Christian
Published: May 2020

The introductory chapter to Trade Policy in Multilevel Government commences by elaborating the empirical puzzle of subcentral executives’ varying openness to trade liberalization. In multilevel government, it is unusual for lower-level executives to sit at international negotiating tables. At the same time, the latter increasingly hold competences of relevance to contemporary trade policy. The ‘deep trade’ agenda of recent decades has progressively subjected subcentral governments’ prerogatives to international rule-setting, thereby constraining their policy space. Interestingly, subcentral governments in different multilevel polities have reacted with widely varying degrees of openness to this development. How can this variance in subcentral openness be explained? The remainder of the introductory chapter sketches out the book’s theoretical and methodological approach. After elaborating on its contribution to existing scholarship on trade policy and the dynamics of multilevel government, and emphasizing the empirical significance of public procurement liberalization for the political economies of multilevel polities, the chapter presents a brief summary of the book’s empirical findings. It concludes with an overview of the book’s general structure.
Local Lives, Parallel Histories
Authors: Thomas Marcel
Published: May 2020

The division of Germany separated a nation, divided communities, and inevitably shaped the life histories of those growing up in the socialist dictatorship of the East and the liberal democracy of the West. This peculiarly German experience of the Cold War has so far mostly been seen through the lens of the divided Berlin or other border communities. What has been much less explored, however, is what division meant to the millions of Germans in East and West who lived far away from the Wall and the centres of political power. This book is the first comparative study to examine how villagers in both Germanies dealt with the imposition of two very different systems in their everyday lives. Focusing on two villages, Neukirch (Lausitz) in Saxony and Ebersbach (Fils) in Baden-Württemberg, it explores how local residents experienced and navigated social change in their localities in the postwar era. Based on a wide range of archival sources as well as oral history interviews, the book argues that there are parallel histories of responses to social change among villagers in postwar Germany. Despite the different social, political, and economic developments, the residents of both localities desired rural modernization, lamented the loss of ‘community’, and became politically active to control the transformation of their localities. The book thereby offers a bottom-up history of the divided Germany which shows how individuals on both sides of the Wall gave local meaning to large-scale processes of change.
Beyond Nostalgia
Authors: Thomas Marcel
Published: May 2020

The final chapter explores local histories produced by the residents of Neukirch and Ebersbach from the 1960s onwards, including local chronicles, picture collections, and exhibitions. The analysis of this rich engagement with the postwar past of the locality challenges the understanding of villagers as passive bystanders to change. Local histories, it will be shown, were more than nostalgic laments of modernization. In both Germanies, a wider personal and public engagement with the development of the village became a prominent means for locals to understand, control, and respond to change in their locality. Nostalgia was only one element in this, as reflections on the most recent past in the village were always shaped by both pride in achievements and pain over losses. Local histories, therefore, became an important medium for Easterners and Westerners to situate themselves in the shifting social and political context of the divided and reunified Germany. By revealing parallels between East and West as well as continuities between the time before and after reunification, the chapter demonstrates that an active engagement with the locality’s past has been an important aspect of the parallel histories of responses to social change in the divided Germany.
Accident as Form
Authors: Jordan Julia
Published: May 2020

This chapter argues for the 1960s and 1970s collage novel as perhaps the clearest manifestation of the period’s attraction to indeterminacy, and attempts to chart some of the often artistically inspired cross-currents that inform some of the experimental novels of the period. The chapter examines Alan Burns’s 1969 Babel, also touching on Tom Phillips’s ‘dispersed narrative’ A Humument (begun in 1966), and J. G. Ballard’s 1970 Atrocity Exhibition. These works share as central concerns juxtaposition and formal discontinuity, whereby an idea of errancy is sculptural and generative, allowed its own narrative presence and formal ordering power. As such these texts display an interest in the mechanisms of dispersed attention as an aesthetic value—a certain skittishness assumed in the reader—and so these contingencies of production and consumption become constitutive of the genre, and folded into the distinctive character and affective potency of late modernism itself.
Ali Pasha and Great Britain during the Napoleonic Wars
Authors: Malcolm Noel
Published: May 2020

This essay, based on archival materials, analyses the relationship between Ali Pasha of Ioannina (or ‘of Tepelenë’) and Great Britain during the period 1799–1814. Ali Pasha controlled, directly or indirectly, most of mainland Greece, half of Albania and part of Macedonia. Any French invasion of the Ottoman Empire would probably have passed through those territories, so Ali’s role as an ally of Britain was potentially of huge importance. For the same reason Napoleon also sought his support; accordingly, over many years, Ali played off each of these powers against the other. His own ambitions were focused on gaining control over various places and territories formerly governed by Venice: Butrint, Parga, Preveza and Vonitsa on the mainland, and, if possible, the islands of Lefkada and Corfu. Thanks to the presence of British (and French) envoys at Ali’s court, the story of his political and diplomatic manoeuvrings can be told in detail; it is set here against the larger background of his conflict with rival pashas in Albania, and of his relations with the Ottoman government in Istanbul. One theme that emerges clearly is Ali’s underlying dependence on British support. This conflicts with what has become the most widely accepted modern interpretation of his relationship with Britain, which claims that the British subjected him to ‘Orientalist’ attitudes because they feared his superior power: that interpretation, together with its other claims about the role of ‘Orientalism’ in Ali Pasha’s case, is refuted here.
British Diplomacy and the League of Prizren, 1878–1880
Authors: Malcolm Noel
Published: May 2020

The League of Prizren, an Albanian movement which began in 1878 as an initiative to resist the transfer of Albanian-inhabited territory from the Ottoman Empire to Montenegro but gradually acquired an ‘autonomist’ political programme, was one of the most important developments in modern Albanian history. This essay analyses the reports written about it by British diplomats in the region, and the British policy debates which drew on those reports or reacted against them. Challenging the assumption that the ‘men on the ground’ have the most accurate information, it shows how each of the two most relevant British officials, Consul St. John in Prizren and Consul Kirby Green in Shkodër, adopted particular political agendas: the former was heavily influenced by the Russian consul, while the latter followed the line of the Austro-Hungarian one. Other elements in the Foreign Office supported Greek interests; no one was directly supportive of Ottoman ones. Briefly, two senior figures, Lord Edmond Fitzmaurice and George Goschen (who was sent as Special Ambassador to Istanbul) did consider the interests of the Albanians themselves; Goschen argued that the creation of a united Albanian state would both satisfy a principle of justice and contribute to stability in the region. But this remained only an argument, not an official policy.
The First Albanian Autobiography
Authors: Malcolm Noel
Published: May 2020

This essay presents a hitherto unknown work: the first autobiography ever written by an Albanian. It was composed in 1881–2 by a young man (born in 1861) called Lazër Tusha; he wrote it in Italian, and the manuscript has been preserved in an ecclesiastical archive in Italy. Tusha was the son of a prosperous tailor in the city of Shkodër, which was the administrative centre of the Catholic Church in Albania. He describes his childhood and early education, which gave him both a love of Italian culture and a strong desire to serve the Church; at his insistence, his father sent him to the Catholic seminary there, run by the Jesuits. He describes his disappointment on being obliged, after six years, to leave the seminary and resume lay life, and his failed attempts to become either a Jesuit or a Franciscan. Some aspects of these matters remain mysterious in his account. But much of this unfinished draft book is devoted to things other than purely personal narrative: Tusha writes in loving detail about customs, superstitions, clothes, the city of Shkodër, its market and the tailoring business. This is a very rich account of the life and world of an ordinary late-nineteenth-century Albanian—albeit an unusually thoughtful one, with some literary ambition.
Corporate Communication
Authors: D’Iribarne Philippe , Chevrier Sylvie , Henry Alain , Segal Jean-Pierre , Tréguer-Felten Geneviève
Published: May 2020

Establishing a worldwide corporate identity is a priority for most organizations nowadays. To do so, they generally include in their corporate websites ELF self-presentations that were either initially written in the companies’ home language for their home audiences and simply translated into ELF, or written in ELF with an international audience in mind. However, can these self-profiles achieve their trust-building objective with audiences that are unknown but for their ability to understand the language? In other words, does the cross-border linguistic transfer of the content and rhetoric underpinning their presentations work well? A case study of self-profiles produced in China and France points to discrepancies that not only indicate a possible negative answer, but also that the ideal company image that organizations are striving to convey differs with their cultures. Some rare companies show that adaptation to local communication styles and culture could help corporate communication to fare better.
Efficient Multicultural Teams
Authors: D’Iribarne Philippe , Chevrier Sylvie , Henry Alain , Segal Jean-Pierre , Tréguer-Felten Geneviève
Published: May 2020

The quick training of expatriates prior to departure meant to raise their awareness of cultural habits is insufficient to increase the efficiency of multicultural teams. Such improvement requires helping each team member to decipher the main cultural references of their counterparts and to organize themselves in a way that is acceptable in all of their universes of meaning. This chapter provides an example of such cross-cultural coaching for a Franco-Malagasy team and details the six-step method implemented by the cultural analyst. It also suggests different leverages for improvement depending on the team’s specific context. Whenever tight intercultural integration is required, organizing complementarity between sub-groups may turn out less costly than striving for complex arrangements.
Introduction
Authors: Bainbridge Simon
Published: May 2020

This ‘Introduction’ establishes the importance of the activity Samuel Taylor Coleridge christened ‘mountaineering’ for the literature of the Romantic period. It discusses the etymologies of the words ‘mountaineering’ and ‘mountaineer’, showing how they indicated the creation of a new activity and identity. The chapter outlines the mountaineering pursuits and writings of a number of the period’s authors, including William and Dorothy Wordsworth, Ann Radcliffe, Coleridge, Percy Shelley, Lord Byron, Walter Scott, John Keats, and Ellen Weeton, exploring the emerging link between ascent and literary authority. The introduction situates the overall study in terms of current research in the fields of mountaineering and Romantic-era literature.
Shakespeare’s Macbeth and Livy’s Legendary Rome
Authors: Philo John-Mark
Published: May 2020

Chapter 5 explores the influence exerted by Livy on Shakespeare’s Macbeth. Livy’s account of the early, legendary Rome makes itself felt in Macbeth in two distinct but complementary ways. When Hector Boece wrote his national history of Scotland, the Scotorum Historia (1527), he turned to Livy to fill the historical blanks in Scotland’s past. The Macbeth episode was no exception, and Boece modelled his Maccabeus closely on Livy’s Tarquin the Proud. Raphael Holinshed (c.1525–80?), relying on Boece’s Scotorum Historia, as well as its Scots translation by John Bellenden, for his Historie of Scotland, thereby incorporated these distinctly Livian elements into his own account of Macbeth’s reign. Shakespeare used Holinshed as his primary source for Macbeth and thus rehearsed a portrait of tyranny which was ultimately inspired by Livy’s Tarquin. The second means of transmission involves a new source for consideration: William Painter’s Second Tome of the Palace of Pleasure . By translating Livy for his novel the Two Roman Queenes, Painter highlighted the roles played by two female king-makers, Tanaquil and Tullia, in establishing and edifying the Tarquinian dynasty at Rome. It was Painter’s interpretation of Livy, this chapter argues, that alerted Shakespeare to the dramatically satisfying prospect of a wife who not only encourages her husband with an appeal to his masculinity, but readily participates in the crimes she would have her husband commit. There is more of ancient Rome to Shakespeare’s Scottish play, this chapter argues, than first meets the eye.
Autonomy, Rationality, and Contemporary Bioethics
Authors: Pugh Jonathan
Published: May 2020

Personal autonomy is often lauded as a key value in contemporary Western bioethics, and the claim that there is an important relationship between autonomy and rationality is often treated as an uncontroversial claim in this sphere. Yet, there is also considerable disagreement about how we should cash out the relationship between rationality and autonomy. In particular, it is unclear whether a rationalist view of autonomy can be compatible with legal judgments that enshrine a patient’s right to refuse medical treatment, regardless of whether ‘… the reasons for making the choice are rational, irrational, unknown or even non-existent’. This book brings recent philosophical work on the nature of rationality to bear on the question of how we should understand autonomy in contemporary bioethics. In doing so, the author develops a new framework for thinking about the concept, one that is grounded in an understanding of the different roles that rational beliefs and rational desires have to play in personal autonomy. Furthermore, the account outlined here allows for a deeper understanding of different forms of controlling influence, and the relationship between our freedom to act, and our capacity to decide autonomously. The author contrasts his rationalist account with other prominent accounts of autonomy in bioethics, and outlines the revisionary implications it has for various practical questions in bioethics in which autonomy is a salient concern, including questions about the nature of informed consent and decision-making capacity.
Introduction
Authors: Pugh Jonathan
Published: May 2020

The introduction outlines the motivation for investigating the relationship between autonomy and rationality in contemporary bioethics, and maps the contours of a pre-theoretical understanding of autonomy, in preparation for the theoretical analysis to come. Having noted some apparent ambiguities and tensions within the widely accepted assumption that there is a close relationship between autonomy and rationality, the author briefly distinguishes procedural and substantive accounts of autonomy, and identifies Beauchamp and Childress’ pioneering work in the principles of biomedical ethics as providing the standard account of autonomy in bioethics. He outlines some objections to the standard account, and goes on to outline a framework that is used in the rest of the book for developing a rationalist account of autonomy that aims to avoid these objections.
Four Distinctions Concerning Rationality
Authors: Pugh Jonathan
Published: May 2020

Disagreements about the plausibility of rationalist autonomy in bioethics are often attributable to misunderstandings about the nature of rationality. So, it is imperative to be clear about the understanding of rationality that one is invoking in one’s account of autonomy. This chapter makes some first steps in this regard, by drawing four key distinctions concerning the nature of rationality. The first, between theoretical and practical rationality, concerns the different norms of rationality governing beliefs and desires. The second, between real and apparent reasons, concerns whether our beliefs about our practical reasons map onto reason-giving facts that actually obtain. The third, between objectivism and subjectivism, concerns the fundamental source of our practical reasons. The fourth, between personal and impersonal reasons, concerns the different kinds of facts that can ground practical reasons. In outlining these distinctions, the author follows Derek Parfit in endorsing an objectivist account of reasons.
Informed Consent, Autonomy, and Beliefs
Authors: Pugh Jonathan
Published: May 2020

The claim that informed consent requirements are to be justified by the principle of respect for autonomy is often treated as a truism. In the first part of this chapter, the author defends this claim from recent objections that hold that informed consent requirements are neither necessary nor sufficient for safeguarding autonomy. Despite suggesting that such objections fail to undermine an autonomy-based justification of informed consent, the author suggests that his rationalist theory of autonomy implies that we should revise our understanding of what informed consent requires. In the second part of this chapter, he explains the implications that his discussion of the role of theoretical rationality and true beliefs in decisional autonomy has for standards of information disclosure. He defends the spirit, if not the letter of the recent Montgomery judgement regarding standards of information disclosure, but offers a philosophical basis for reformulating its hybrid test of materiality into rationalist terms.
Rational Decision-Making Capacity in End of Life Decision-Making
Authors: Pugh Jonathan
Published: May 2020

This chapter brings the rationalist account of decision-making capacity to bear on three case studies. The first concerns a patient who ‘unwisely’ refuses treatment for a condition that can be treated straightforwardly, but which will otherwise be fatal. The second concerns a Jehovah’s Witness who refuses a life-saving blood transfusion. The third concerns an individual suffering from anorexia nervosa, who recognizes that she is dangerously underweight, but who nonetheless refuses to consume food. The author argues that a rationalist approach can accommodate the thought that an individual’s decision-making capacity is not precluded by their making an ‘unwise’ decision. It can also accommodate both the thought that Jehovah’s Witnesses can have decision-making capacity to refuse blood transfusions, and that some sufferers of anorexia nervosa may lack decision-making capacity. The author argues that his account is better equipped to investigate the nuances of these hard cases than the standard account.
The Sea as a Legal and Strategic Space
Authors: Frei Gabriela A.
Published: May 2020

Chapter 1 serves as an introductory chapter, exploring the idea of the sea as a legal and strategic space. The concepts of freedom of the seas and sovereignty of the sea dominated the legal debates about the ownership of the seas. In wartime these concepts clashed as neutrals demanded freedom of the seas while belligerents claimed the sovereignty of the sea. The chapter explores the means to control the seas, in particular, blockade, the right of search and capture, and the rule of 1756. When Great Britain reassessed its strategic position in the mid-nineteenth century, it was John C. R. Colomb who emphasized the importance of imperial defence and the protection of trade in a future maritime conflict. The discussion on the effectiveness of economic warfare brought strategic and legal considerations together since both were concerned with the ability to control the sea.
The Making of the Neutrality Policy
Authors: Frei Gabriela A.
Published: May 2020

Chapter 2 examines the development of the concept of neutrality from the Middle Ages to the golden age of neutrality in the nineteenth century, and shows how Great Britain adopted a policy of neutrality after 1856. The chapter discusses Great Britain’s experience of the American Civil War as a neutral, and examines various instances of international conflict such as the Alexandra case, where Great Britain was accused of breaching neutrality. The negotiations of the Alabama claims tribunal resulted not only in the Treaty of Washington, which outlined neutrality more precisely, but also prompted a change in British domestic legislation, in particular the Foreign Enlistment Act. Both the treaty and the act defined Great Britain’s neutrality policy after 1870.
The Codification of International Maritime Law
Authors: Frei Gabriela A.
Published: May 2020

Chapter 4 explores the early efforts in codifying international maritime law. The 1860s saw successes in the adoption of the Lieber Code and the Geneva Convention, and it was hoped that states would adopt an international code of conduct in warfare. Yet, the Brussels Declaration of 1874 failed, and subsequently non-governmental organizations such as the Institut de droit international stepped up, advancing the codification of international maritime law. The chapter addresses the views of the supporters as well as those of the sceptics of codification and shows the importance of the Institut de droit international in this process. At the beginning of the twentieth century, the United States Naval War College drafted the first comprehensive Naval War Code, and the chapter presents the motivation of the drafters and examines the broader international debate.
Norges Bank 1816-2016
Authors: Lie Einar
Published: May 2020

This book traces the 200-year history of Norges Bank, which was established in 1816 with a dual purpose: to bring order and stability to the chaotic monetary system following the Napoleonic wars and provide Norway with a bank. The present Norges Bank is a modern well-functioning central bank, with strong likenesses to similar institutions in other countries. This book is particularly concerned with the relations between the bank and the political institutions. The bank’s role has been shaped and reshaped by perceptions of what kind of financial services Norway needed, how economic policy was coordinated, and how discretionary power was distributed between the elected bodies, the executive branch, and underlying institutions with a defined mandate. The central aim of this book is to trace and explain these changes over the past two centuries. It is also, to some extent, a contribution to the relatively broad literature on the history of national central banks.
The 1930s Crisis
Authors: Lie Einar
Published: May 2020

This chapter examines Norges Bank during the 1930s. There is hardly any single year that stands out as prominently in the history of Western central banks as the year 1931. That was the year when the gold standard collapsed, caused by the severe banking crisis on the continent, negatively impacting the entire Western world and rapidly developing into a deep and widespread international crisis. In addition to that, problems brought forth by the crisis stretched beyond the sphere of the financial system. The aftermath of the crisis was dominated by bankruptcy and unemployment, with adverse effects that would persist for the entire decade. The year 1931 was one of economic crisis, yet one of the finest moments in Norges Bank’s institutional history. The new exchange rate policy prevented a tight policy with high interest rates to defend the value of the krone. This new policy also made room for support measures and a relatively flexible monetary policy, first during the run-up to the new banking crisis, and later as a more general policy throughout the decade.
Restoration
Authors: Allsopp Niall
Published: May 2020

Whereas most royalist panegyrists of the Restoration (including the penitent Cowley) reviled the ideological currents of the 1650s, Davenant, Waller, and their younger protégé Dryden continued to apply arguments from self-interest and the artificiality and contingency of sovereignty. They magnified Charles II’s exercise of clemency as the mark which betokened his sovereignty, while overriding church and parliament to ensure the reconciliation of ex-Cromwellians with the new regime. The second half of the chapter focuses on Dryden and Orrery’s heroic drama. It presents a new account of their engagement with Hobbes, and illustrates their precarious and artificial vision of sovereignty. The chapter challenges straightforwardly royalist readings of the heroic drama to show how the genre offered warnings and criticism of the regime—though this ultimately led Dryden to repudiate the sceptical model of sovereignty in his iconographical masterpiece of sacred kingship, The Conquest of Granada.
The Lion's Roar
Authors: Amunugama Sarath
Published: May 2020

Anagarika Dharmapala was one of the most prominent public figures in late nineteenth- and early twentieth-century Sri Lanka (then known as Ceylon). This book goes into a detailed exploration of Dharmapala’s multifaceted personal and public life. This analytical narration of the ethos in which he lived and worked provides an essential background. The author makes extensive use of Dharmapala’s assiduously kept diaries to weave his story. In its initial chapters, the book relates the confrontation and resistance of a nascent nationalist movement in the form of a renaissance of the country’s main traditional religion, Buddhism, against the all-pervading colonial ethos. Dharmapala, with all the enthusiasm of his youth, plunged into this movement, which received the support of American theosophists led by Col Henry Steel Olcott. He became the live wire of the Buddhist Theosophical Society, formed on the advice of the theosophists, and went around the country hectoring his compatriots to join a movement of national resurgence. Dharmapala eventually broadened the arena of his interests and action. The restoration of the prominent sacred places of Buddhism in India, while bringing them back to Buddhist custody, became his life’s mission. In this endeavour, he sought and received the support of the intellectual and professional nationalist elite of Bengali society. In pursuit of his cause, Dharmapala was single minded. But he had an even a wider interest—that of propagating Buddhism throughout the world. He devoted much of his energy in later life to establish Buddhist centres in Europe, and ended his life as a Buddhist monk.
Situating Dharmapala
Authors: Amunugama Sarath
Published: May 2020

This chapter examines the traditional relationship between the Sangha and the Buddhist laity and the role of the king as a protector of the Sāsana (the Buddhist order). It briefly traces the vicissitudes of the Buddhist order in Sri Lanka from the fifteenth century. A decline in the status of the Sangha was arrested by the intervention of the monk Welivita Saranankara under royal patronage—the pupils of Saranankara initiated a religious and literary resurgence. A setback occurred when the British, who annexed the Kandyan kingdom in 1815, pledging to uphold the traditional status of Buddhism, went back on their promise at the insistence of Christian missionaries. The Buddhist order lost its traditional state patronage. However, the Saranankara tradition continued through his line of pupils in southern Sri Lanka. Prominent scholar monks of this tradition are identified in this chapter, followed by a brief account of Dharmapala’s career highlighting his role in the Buddhist revival.
John de Silva and the Sinhala Nationalist Theatre
Authors: Amunugama Sarath
Published: May 2020

This chapter discusses the life of John de Silva, the founder of the Sinhala nationalist theatre and the third communications innovator (besides Dharmapala and Sirisena). It also examines in detail de Silva’s interpretation of the sociocultural crisis of colonialism during that period and looks at his efforts to counter it through the nationalist propaganda in his works. The author analysis two of de Silva’s plays: Sinhala Parabhava Natakaya, which talks about the sociocultural crisis of Sinhalese Buddhists as seen by the revivalists, and Sri Wickrama Rajasinha, which confronts the consequences of colonialism in terms of his revivalist philosophy.
Dharmapala and His Critics
Authors: Amunugama Sarath
Published: May 2020

The final chapter of this book talks about the political impact of Dharmapala’s work even after this death by addressing the publication of many of his writings during the 1956 Buddha Jayanti. It lays out a critical examination of Dharmapala and his work at two levels: first is the critique of his thought and action by academics and second is the criticism of his methods of operation by his non-academic contemporaries.
Debating Land
Authors: Sen Ronojoy
Published: May 2020

Land is one of those rare issues that has animated Indian Parliament and been intensely debated from the 1950s to contemporary times. One of the key elements of the very first amendment to the Indian Constitution, passed by the provisional parliament in 1951, was related to land reform and the abolition of zamindari or large land holdings. In response to court rulings that declared zamindari abolition laws as unconstitutional, Jawaharlal Nehru and the Congress reacted by inserting Article 31A in the Constitution which stipulated that nothing in the Fundamental Rights could be used to strike down laws for the appropriation of property. The most important component of the First Amendment was, however, Article 31B, which created the Ninth Schedule where legislation could be put and made immune from judicial review. Thirteen land reform Acts were placed in the schedule. This chapter analyses the parliamentary debates on land, beginning with the First Amendment and continuing to the contemporary period where the BJP government attempted to amend the 2013 Land Acquisition, Rehabilitation and Resettlement Act. The chapter examines three broad questions. How has the issue of land, land reform, and land acquisition been framed over time in parliament? How much have contemporary politics influenced the debate? What have been the recurrent themes as well as radical departures in the debates on land?
How the Market Mechanism Can Be Utilized in Land Acquisition
Authors: Huang Yinghong
Published: May 2020

This chapter looks into the effectiveness of land markets in the process of land acquisition by discussing two case studies. The first includes the land acquisition in Foshan New Town, Guangdong (China), and the second is GIGC Sanand project, Gujarat (India). In these two cases, land acquisition for urban/industrial development did not result in furious confrontations between the government and landowners due to the creative measures taken by the local authorities. The landowners got adequate compensations and in some instances even enjoyed a share of the developmental benefit. They thus welcomed rather than resisted the developmental projects. I argue that effective land markets contribute to a more inclusive development, which provides a direction for further improvement in land acquisition regimes.
Unpacking the Double Movement
Authors: Nair Manjusha
Published: May 2020

It has been claimed that against the assault by the market, which has made labour and land as fictitious commodities, a Polanyian counter movement is occurring, demanding stability and protection through state regulation of the market forces. Protests against forced land acquisition have been pointed out as evidence to this counter movement. In India, this counter movement against land acquisition succeeded in persuading the ruling United Progressive Alliance to pass the new Right to Fair Compensation and Transparency in Land Acquisition, Resettlement and Rehabilitation Act, which introduced legal safety nets to protect the rural population, including the landless, from the harmful effects of land acquisition. A close investigation of these protests in India, however, complicates the conception of a double movement. Instead of resisting commodification of land, in many instances protestors’ demands were for making land a free commodity in the market and insertion into neoliberal developmental projects. I capture some of these contradictions in this chapter and link them to farmers’ interactions with markets, money, and the state prior to land acquisition. The evidence for this chapter is from field observations and interviews in Uttar Pradesh and Chhattisgarh state in India, secondary literature and news reports.
The Effect of Urban Land-Use Regulations on Density
Authors: Sridhar Kala Seetharam
Published: May 2020

Urban land is crucial to economic productivity and growth in cities, given substantial land intensive economic activity takes place. While land use regulations are needed for inclusive growth and to protect the urban poor, they create distortions in the land market, and become counter-productive. Indian cities are characterized by strong urban land use controls, given its socialistic and planned economy for a long time. Draconian land use regulations that continue to exist in India’s cities are rent control and highly restrictive floor area ratios (FARs). In this chapter, I focus on FARs and rent control to a limited extent. I examine the impact FARs have on population and household density, in the context of the standard urban framework, taking the case of Bengaluru, where ward-level data have been recently put together on FARs. I find in Bengaluru that FARs impact (both population and household) density negatively, consistent with what other studies have found. The Karnataka rent control Act essentially renders the Act ineffective in Bengaluru. In the context of Mumbai, I use anecdotal evidence to examine FAR, where the effects are compounded by the existence of other distortions such as rent control. Based on the findings, the chapter summarizes the policy implications, its caveats, concludes and presents directions for future research.