bluuebunny/crossref_metadata_2025 huggingface dataset:
Hegel’s Approach and Method
Authors: Stewart Jon
Published: January 2022

Chapter 4 begins by giving an overview of Hegel’s criticisms of the Enlightenment and Romanticism that were sketched in the previous chapters. Hegel believes that in his day all of the traditional doctrines and dogmas of Christianity have been watered down, thinned out, and for all intents and purposes abandoned. Since, according to the advocates of the Enlightenment, God could not be demonstrated by empirical evidence and scientific reasoning, this led thinkers of the Romantic movement to the conclusion that everything having to do with the divine and religion belonged to the realm of subjectivity, inwardness, and feeling. Controversially, Hegel claims that the function that philosophy can serve is to save religion from the neglect it suffers at the hands of the theologians. It can restore knowledge of God and the traditional dogmas and thereby put religion back onto a firm footing. Hegel grants that feeling does play a role in religion, but there is also a rational element that can be grasped by philosophical cognition. This means that philosophy and religion are not to be conceived as radically separate undertakings; indeed, philosophy and religion have some important things in common.
Introduction
Authors: McGovern Jonathan
Published: January 2022

The Introduction begins by offering an outline of the responsibilities of sheriffs in the Tudor period (1485–1603). It discusses the benefits of administrative history, today a neglected genre, and situates the book within existing work on the institutions of local government and law in early modern England. The aims of the book are stated, including the analysis of what sheriffs and their staff got up to in the Tudor period and an explanation of the degree to which their office was transformed. The introductory chapter concludes with a brief discussion of the source material on which this study is based.
Fundamentals
Authors: McGovern Jonathan
Published: January 2022

This chapter summarizes the development of the office of sheriff, from the Anglo-Saxon period to the sixteenth century. It discusses some key characteristics of the shrievalty, including the fact that new sheriffs were elected annually, and it explains the separate jurisdictions of high sheriffs and municipal sheriffs. It discusses the partition of several joint sheriffwicks in the Elizabethan period, arguing that this was driven by a well-documented increased in litigation at the central courts. It analyses the background and education of sheriffs, suggesting that there was no serious decline in sheriffs’ social status in this period. It also examines the interactions between sheriffs and other branches of central and local government: Lords Lieutenant, justices of assize, justices of the peace, and the privy council. It introduces the sheriff’s staff, most importantly undersheriffs and bailiffs, and concludes with a discussion of the expansion of the shrieval system in Wales and Ireland.
Appointment and First Days in Office
Authors: McGovern Jonathan
Published: January 2022

This chapter begins by discussing the laws governing the appointment of sheriffs. It explains the nature of the annual meeting on 3 November in which the Lord Chancellor, Lord Treasurer, and other officials met in the Exchequer Chamber to shortlist candidates for the shrievalty. This meeting produced a role of names to be conveyed to the king, who made the final decision by marking or pricking one name for each county. It discusses the politicking that happened behind the scenes in favour of certain candidates, but insists that factionalism never truly endangered the correct working of the shrieval system. The chapter also discusses the different methods of electing sheriffs in London and other towns. It explains the sheriff’s responsibilities during his first days in office, including the swearing of an oath, the text of which was revised in 1516.
The County Court
Authors: McGovern Jonathan
Published: January 2022

This chapter explains the jurisdiction and business of the county court, the distant ancestor of the present-day county court in Great Britain. The county court was a small-claims court for litigation under the value of forty shillings. The effects of Tudor inflation eroded the jurisdiction of the court because the real value of forty shillings was considerably lower in 1600 than it was in 1500. The chapter discusses the role of the court staff, including the steward and suitors, and comments on the caseload and cost of the court in various counties. It reconstructs the court procedure, demonstrating that trial by jury was available in some, and possibly all, county courts by the reign of Henry VIII. It concludes by discussing the non-judicial business which was conducted at this court, including the proclamation of outlawries and the election of knights of the shire to Parliament.
Introduction
Authors: McPherson David
Published: January 2022

This Introduction sets up the basic tension with regard to the limiting-transcending feature of human life: it is part of our potential greatness, since it is how we can realize what is best in our humanity, but it is also part of our potential downfall, as it can lead to dehumanization and failure to attain important human goods and to prevent human evils. It then introduces the idea of “limiting virtues,” which recognize the proper place of limits in human life, and it identifies the limiting virtues that are the focus—namely, humility, reverence, moderation, contentment, neighborliness, and loyalty—and states that they will be explored in relation to four kinds of limits: existential limits, moral limits, political limits, and economic limits. It also states that this account of the limiting virtues is meant as a counter to autonomy-centered and consequentialist approaches to ethics. Finally, a brief description of each of the limiting virtues is provided, which also functions as an overview of the book.
Existential Limits
Authors: McPherson David
Published: January 2022

In exploring the place of limits within a well-lived human life, this first chapter begins at the most general level with “existential limits,” which are limits with respect to the given, that is, to what exists. This chapter explores two fundamental existential stances, or orientations toward the given, which play a key role throughout the book. One stance is the choosing-controlling stance. All mature human beings adopt this stance to some extent in their efforts to improve their lives and the world around them through controlling, transforming, and overcoming the given. However, at the extreme, this stance can give expression to a “Promethean” project of “playing God” by seeking mastery over the given. The other basic existential stance is at odds with this Promethean project: it is referred to as the accepting-appreciating stance. By accepting and appreciating the given, this stance imposes limits on the choosing-controlling stance. While acknowledging an important role for a choosing-controlling stance in human life, this chapter argues that the accepting-appreciating stance toward the given should be regarded as primary in several ways and discusses specific limiting virtues—namely, humility, reverence, contentment, and loyalty—that give proper expression to this stance. This chapter begins with a discussion of prominent defenses of the Promethean project of mastery in the works of Friedrich Nietzsche and, more recently, Ronald Dworkin in his argument in favor of genetic engineering, and then it turns to make the case against the Promethean project.
Economic Limits
Authors: McPherson David
Published: January 2022

This final chapter on economic limits begins by considering the problem of greed in modern economic life within capitalism as the key problem that needs to be addressed. It discusses the importance of the limiting virtue of contentment here for counteracting greed. The second section develops a positive vision for the role of economics in the good life. It is called “home economics,” as it seeks to recover something of Aristotle’s idea of oikonomia as centering on the home (oikos), but also contributing to the common good of the particular communities to which one belongs. What we need, it is contended, is a way of living our economic life that contributes to our being properly at home in the world, rather than causing alienation (or not-at-home-ness). This also requires recovering a sense of the dignity of work. The third and final section discusses the practice of the Sabbath (as a specific form of leisure) as providing an important limitation on work, while also in a crucial sense completing our work, and it suggests its relevance for everyone, regardless of religious beliefs. This discussion will also provide a fitting conclusion to the book, since it returns us to the discussion with which the book began: the two fundamental existential stances—the choosing-controlling stance and the accepting-appreciating stance—and the proper relationship between them.
Tax Cooperation with a Duty of Assistance
Authors: Christians Allison , van Apeldoorn Laurens
Published: January 2022

This chapter examines how more affluent states could help create a world in which states with populations suffering subsistence rights deficits would be able to capture more of the benefits of cooperation on international capital mobility. It will show that one way in which states can relinquish unjust claims of entitlement is to make room for source-based taxation with two main approaches to be pursued in tandem. The first step is for states that export significant capital to expand their existing pass-through regimes for corporate income taxation, while guarding against double taxation and tax competition with carefully designed foreign tax credits. The effect of this step is to create a backstop or minimum level of corporate taxation, which will reduce some of the kinds of tax competition that effectively prevent some states from exercising their entitlement to a share of the benefits of cooperative surplus through taxation. The second step is for states with populations suffering subsistence rights to exercise their entitlement to cooperative surplus benefits. These two steps for reform of the international tax system are not radical departures from the status quo. The first step is a return to standards that were common across OECD states in the not-too-distant past, whilst the second is a take-up of an alternative but still broadly neutral division of cooperative surplus in line with some of the earliest proposals for international tax cooperation and consistent with the ongoing work of the United Nations and other institutions.
The Burden of Subsistence Rights Deficits
Authors: Christians Allison , van Apeldoorn Laurens
Published: January 2022

This chapter proceeds on the assumption that there exist no backup duties on the part of relatively affluent states and that states are either solely responsible for fulfilling subsistence rights within their own territories or they must be assisted with capacity or institution building, but not with wealth transfers. The basic question in this chapter is therefore how to conceive of fair cooperation between states when at least one of them has a population facing subsistence rights deficits (assuming that such cooperation is morally permitted). It analyses what the entitlement principle and the requirement of fair cooperation entail in the presence of subsistence rights deficits in cooperating states in this case. The aim is to show that even if the duty to assist burdened or negligent states with wealth transfers is rejected, the existence of subsistence rights deficits is nevertheless key to determining what constitutes a fair allocation of the benefits and burdens of cross-border cooperation.
On Second Thought
Authors: Kneer Markus , Colaço David , Alexander Joshua , Machery Edouard
Published: January 2022

This chapter sheds light on a response to experimental philosophy that has not yet received enough attention: the reflection defense. According to proponents of this defense, judgments about philosophical cases are relevant only when they are the product of careful, nuanced, and conceptually rigorous reflection. The chapter argues that the reflection defense is misguided: Five studies (N>1800) are presented, showing that people make the same judgments when they are primed to engage in careful reflection as they do in the conditions standardly used by experimental philosophers.
Permissible Rights Infringements, Benefits, and Compensation
Authors: Hecht Lisa
Published: January 2022

Sometimes it is permissible to infringe an individual’s rights against harm in order to save others from greater harm. It has been a matter of extensive debate if and by whom victims of permissible rights infringements are owed compensation. This chapter defends the view that the beneficiaries of a permissible rights infringement have special compensatory duties to the victim. The chapter identifies two desiderata that an account of the beneficiaries’ compensatory duties should meet, and shows that two existing defenses, the Beneficiary Pays Principle and the Fairness Principle, fail to satisfy them. The chapter argues that the beneficiaries owe compensation on grounds of the Special Duty Principle. Their compensatory duty is best understood as a special duty to alleviate harm. The duty is particularly stringent because victims and beneficiaries stand in a morally tragic relationship.
Republicanism, Justice, and Equality of Opportunity
Authors: Dougherty Tom
Published: January 2022

This chapter argues that Pettit’s Republican theory of justice lacks the resources necessary for identifying injustice in a society where a social lottery determines people’s prospects for success. Equality of non-domination does not guarantee John Rawls’s ideal of equality of opportunity. This chapter considers and rejects two views that attempt to connect Pettit’s ideal of equality of non-domination with equality of opportunity. First, it argues against the view that Pettit’s equality of non-domination constitutes equality of opportunity. Second, it argues against the view that Pettit’s ideal of equality of non-domination reliably causes equality of opportunity. On the grounds that there are no compelling reasons to refrain from revising Pettit’s theory, it concludes that Pettit’s theory should be supplemented with a separate value of fairness that grounds a principle requiring equal opportunity. The upshot is that while equality of non-domination may be an important part of justice, it cannot be its whole.
Comparing Existence and Non-Existence
Authors: Greaves Hilary , Cusbert John
Published: January 2022

Existence comparativism holds that it can sometimes be better or worse, for a given person, that that person exist rather than not. The dominant argument in the literature on this issue is the Metaphysical Argument, which purports to show that existence comparativism is metaphysically incoherent. The argument of this chapter is that the Metaphysical Argument fails. Even if existence cannot be personally better than non-existence, the Metaphysical Argument cannot be the reason for this, since the argument proves too much. Denying its first premise means holding that personal betterness comparisons between a fixed pair of possible worlds are contingent; some recent work has taken this course. Denying the second premise means holding that A can be better for S than B even when S does not exist. This chapter presents the case for denying the second premise. Contrary to something of a consensus in the literature, this is not absurd in general metaphysical terms. And there is a particular analysis of personal betterness comparisons that explains in more detail how one outcome can be better than another for an individual who does not exist. The chapter therefore concludes that existence comparativism, whether true or false, is metaphysically coherent.
Visions of democracy and the limits of parliamentarism
Authors: Ganghof Steffen
Published: January 2022

This chapter explores how competing constitutional design goals can be balanced under pure parliamentary government. It distinguishes two polar visions of democracy: simple and complex majoritarianism. They both embrace majority rule but reflect different approaches to the cognitive and coordinative complexity of democratic politics. Since the extreme versions of both visions create significant risks and do not constitute robust equilibria, many parliamentary democracies take intermediate positions on the continuum from simple to complex majoritarianism. The chapter operationalizes each vision in terms of three specific goals and uses the resulting empirical measures to create a two-dimensional map of democratic patterns in 22 democracies in the period 1993–2018. The sample includes pure parliamentary systems, semi-presidential systems, and the assembly-independent system in Switzerland. The results reveal the tension between the two visions of democracy and show that their most demanding goals cannot be reconciled under pure parliamentarism. Voters cannot make a clear choice between competing cabinet alternatives (“identifiability”), while also being fairly represented in issue-specific legislative decision-making (“legislative flexibility”).
How semi-parliamentarism can balance visions of democracy
Authors: Ganghof Steffen
Published: January 2022

This chapter explores how semi-parliamentary systems can balance the competing democratic visions of simple and complex majoritarianism. It compares the institutional design of the seven semi-parliamentary cases (the Australian Commonwealth, Japan, and five Australian states) and positions these cases on a two-dimensional empirical map of democratic patterns in the period 1993–2018. The analysis shows how the separation of powers can balance the two democratic visions in ways that are unavailable under pure parliamentarism. In particular, semi-parliamentarism can empower voters to make a clear choice between competing cabinet alternatives (“identifiability”), while representing them fairly in issue-specific legislative decision-making (“legislative flexibility”). The chapter also conducts comparative analyses of legislative coalition-building in Australia and of legislative success rates under different forms of government. Finally, the chapter explores the relevance of these findings for the performance of democracies and discusses how semi-parliamentarism may complement other institutional designs, such as compulsory voting and weaker forms of judicial review.
Introduction
Authors: Molendijk Arie L.
Published: January 2022

In the second half of the nineteenth century the Netherlands became a modern nation-state with representative government, industrialism emerged, and the intellectual climate—influenced by a new historical approach to religion and the successes of the natural sciences and positivist and materialist philosophies—became critical of supernatural worldviews. In universities, both the critical examination of the Bible and the comparative study of religions were on the rise. Questions about how to justify Christian propositions were hotly debated. The aim of this book is to analyse how theology was fundamentally transformed and reinvented in the nineteenth century in a variety of ways—in response to the process of modernization. The focus is on intellectual history, but broader social and political transformations will be addressed too. Protestant theologians dealt with various aspects of modernization in different ways. Enlightenment values were fiercely attacked by orthodox Pietists, but embraced by ‘modern’ theologians, who strove for a synthesis of religion on the one hand and the new findings of biblical scholarship and the natural sciences (evolutionary theory, anti-supernaturalism) on the other. The most influential Dutch theologian of the time, Abraham Kuyper, modernized Reformed theology and Dutch politics in hitherto unprecedented ways. The new segmented social structures—based on differences in religion and worldview—of pillarized Dutch society were to a large extent determined by Kuyper. His polarizing style offended the old liberal elites, who still clung to the ideals of a consensual and homogeneous state and an inclusive, Protestant ‘People’s Church’.
Isaac da Costa and the Zeitgeist
Authors: Molendijk Arie L.
Published: January 2022

Isaac da Costa (1798–1860) was a pivotal figure in Dutch religious history, not only because of his remarkable conversion to Christianity, but first and foremost because of his vehement criticism of modern political, social, and religious ideas. His notorious publication Bezwaren tegen de geest der Eeuw (Objections to the Spirit of the Age, 1823) upset the liberal establishment of his day, including his great-uncle, the British political economist David Ricardo, who thought that his nephew—notwithstanding his excellent abilities—had come to ‘wrong conclusions, on points too which have long divided the world’. The pamphlet involves a fierce critique of Enlightenment values such as human autonomy and representative government. With the claims of free will and the supremacy of reason, modern man, according to Da Costa, would rather be a ‘godless and spiritless animal’ than dependent on God. As the chapter also addresses Da Costa’s criticisms of academic theology in Groningen and Leiden, it sketches a relevant part of Dutch academic theology at the time.
Pillarization
Authors: Molendijk Arie L.
Published: January 2022

The following characterization of a ‘pillar’ captures the Dutch situation rather nicely: ‘A pillar is…defined as a subsystem in society that links political power, social organization and individual behaviour and which is aimed to promote—in competition as well as in cooperation with other social and political groups—goals inspired by a common ideology shared by its members for whom the pillar and its ideology is the main locus of social identification’ (Erik H. Bax). But how exactly do the several pillars relate to each other? Does the pillarization metaphor not suggest a false symmetry and uniformity? It has been a matter of debate whether the social democrats and the liberals could be aptly described as ‘pillars’. Various motives and aspects have played a role here. Important is the aspect of the emancipation of underprivileged groups, either in religious (Catholics and orthodox Protestants) or social respects (labourers). Second, the defence against secularizing tendencies—in particular against the ‘neutral’ state and its monopoly on schools—has been often mentioned. A third element concerns the wish of the elites to control the lower classes and to establish political stability in a pluralist society. Although pillarization was at its height between 1917 and 1968, confessional mobilization and organization had already started in the 1870s. The lens of ‘pillarization’ offers an important perspective by which to understand the specific process of modernization that characterized Dutch society from the late nineteenth century until well into the twentieth century.
Following the Map of the Genome
Authors: Drakeman Donald L. , Drakeman Lisa N. , Oraiopoulos Nektarios
Published: January 2022

This chapter introduces the biotechnology industry, tracks its growth from its origins in the 1970s to the present, and presents topline results of its track record. That record shows that the biotech industry has created more innovative medicines at lower costs than those in the pharmaceutical industry. The chapter also explains how this analysis of the remarkable efficiency of the biotech industry contrasts with prior works that have emphasized the importance of the large pharmaceutical companies’ scale, scope, and experience in the development of new medicines. The chapter then outlines the main themes of the remaining chapters, which address the scientific background, the elements and costs of the drug development process, the origin and financing of biotech companies, the nature of alliances between biotech and pharmaceutical companies, the characteristics and responsibilities of biotech entrepreneurs, and the industry’s R&D track record. It concludes by outlining the forces that will shape the future of the industry.
The Molecules
Authors: Drakeman Donald L. , Drakeman Lisa N. , Oraiopoulos Nektarios
Published: January 2022

This chapter offers an overview of the major scientific advances that led to the founding of the biotech industry in the 1970s. While the first entrepreneurial life-sciences companies were established primarily to take advantage of rDNA and monoclonal antibody technology, the chapter also highlights a number of other promising technologies, including antisense and gene therapy. It also shows how large pharmaceutical companies have adopted the same technologies. At the same time, biotech companies have branched out into the medicinal chemistry that has been the mainstay of the pharmaceutical industry. It explains that what distinguishes a biotech company from a large pharmaceutical company is not a focus on using any specific technology but the fact that the biotech company is smaller, newer, less experienced, and almost always unprofitable.
Biotech–Pharma Alliances
Authors: Drakeman Donald L. , Drakeman Lisa N. , Oraiopoulos Nektarios
Published: January 2022

This chapter covers one of the two major sources of funding for the biotech industry: strategic alliances between biotech companies and pharmaceutical companies. There are so many alliances—typically over a thousand each year—that, even in the early days, one scholar called the volume of these transactions “without precedent in business history.” Beyond funding, alliances can also provide access to drug development expertise and resources and can send a positive signal to potential investors that a very knowledgeable partner has kicked the scientific tires. The chapter describes the negotiation process, how the terms are set, and which technologies and products have most often been the subjects of the alliances. It also discusses whether information asymmetry is an issue in forming these alliances and concludes that it is not.
The Future of the Biotech Industry
Authors: Drakeman Donald L. , Drakeman Lisa N. , Oraiopoulos Nektarios
Published: January 2022

This chapter explores whether today’s approach to innovative drug discovery will continue. The governments that invest over $100 billion a year in fundamental research do so with the dual goal of promoting the health of their citizens through the new medicines and of promoting the wealth of their communities from the jobs created by the companies developing those medicines. But the prices of new medicines have risen to levels unimaginable at the outset of the industry. As a result, the industry’s future will be determined primarily by whether policymakers, physicians, and patients decide that the costly new medicines emerging from the industry provide enough value for governments to continue to invest in basic academic research. Those decisions will similarly influence whether venture capitalists and other investors will continue to invest in the biotech industry.
Evolution and Phylogeny of Pancrustacea
Authors: Schram Frederick R. , Koenemann Stefan
Published: January 2022

The understanding of arthropod phylogeny and evolution in the past three decades has undergone major changes. These have arisen from new sources of data applicable across several fields of study. Developments within ontogenetic studies not only in regard to gross patterns of embryology but also regarding a revolution in the application of development genetics continue to generate remarkable insights into crustaceomorph evolution. Phylogeny techniques of analysis and new sources of data derived from molecular sequencing have forced consideration of new hypotheses concerning the interrelationships of all the pancrustaceans, both crustaceomorphs and Hexapoda. Furthermore, it is not uncommon that this multiplicity of sources for new data from opposing research teams can result in different hypotheses for phylogenetic relationships. This situation should not be treated as a defect, or an impediment, but rather as a source for multiple alternative hypotheses—the bases for further data gathering and analyses. Also, one should never view consideration of fossils as a vexing source of noise. Here, too, consideration of multiple hypotheses has proven useful. Often, fossils can produce deeper understanding of the paleodiversity of body plans. Nevertheless, some fossil groups still remain as enigmas, such as Thylacocephala. But even fossils incompletely understood can help fill in gaps in knowledge of paleobiodiversity that can prove useful, for example, in analyzing the the origin and early evolution of Hexapoda. Old ideas about pancrustacean evolution have served the field well, but results derived from all data inputs should be embraced.
Chen-ning Yang
Authors: Lautz Terry
Published: January 2022

C. N. Yang won the Nobel Prize in physics jointly with T. D. Lee in 1957 and used his fame to advocate for US diplomatic recognition of China. He had come from China to study at the University of Chicago in 1946 and stayed in the United States instead of returning to China after the 1949 revolution. When Sino-American relations warmed in the 1970s, Yang met with Chinese leaders and brought Chinese students to study in the United States, which was the largest source of advanced scientific training in the world. He became a US citizen but was always a Chinese patriot, striving to overcome China’s weakness and humiliation. Late in life, he returned to live in Beijing and gave up his US citizenship. Finding the right balance between China and the United States was his life-long pursuit.
Shirley Young
Authors: Lautz Terry
Published: January 2022

Shirley Young played a pivotal role in establishing General Motors’s highly successful joint venture with China in the 1990s, where the company has sold more automobiles than anywhere else in the world in recent years. She was born in Shanghai and came to the United States at age ten. As a Chinese American with a background in business, she helped GM to build relationships and negotiate cultural differences. After the Tiananmen Incident, she was a founding member of the Committee of 100, an organization dedicated to advancing US-China relations and defending the civil rights of Chinese Americans. After retiring from GM, she founded and directed a program to promote US-China exchanges through the arts and education, believing in the power of cultural diplomacy to get beyond political differences.
John Kamm
Authors: Lautz Terry
Published: January 2022

John Kamm is an advocate for improved rights for political and religious prisoners in China, based on a philosophy of finding common ground rather than lecturing or shaming Chinese officials on their failings. He heads the Dui Hua Foundation, which will accept any case for review so long as the charges do not involve violence. Kamm left a successful career in business during the 1990s and was effective as a human rights activist partly because of his support for Most Favored Nation trading status with the PRC, which gave him credibility with the Chinese. However, China’s turn in an authoritarian direction under Xi Jinping, including the repression of minorities in Tibet and Xinjiang, has made hope for a convergence of values between China and the West more problematic.
Relationships in Transition
Authors: Igreja Victor
Published: January 2022

The global circulation of discourses of accountability and of formal declarations of guilt for serious crimes are often decoupled from the historical realities of nations undergoing major political transitions. In contexts marred by multiple historical waves of violence, intersecting cultures of guilt formation, and a myriad of actors, the shared responsibility required for completing justice processes is colossal. This chapter focuses on the violent transitions in Timor-Leste that culminated in the restoration of independence in 2002. Building on productive guilt approaches, the chapter explores how the Timorese authorities radically reconfigured their political relations with the Indonesian authorities by decoupling the violent past actions from their actors without adopting legal impunity or openly pursuing criminal accountability. This ambiguous strategy has averted the resumption of military violence with their Indonesian former war foes, and it has allowed the Timorese authorities to maintain peace and gradually reconstruct their state and economy.
Eliza Cauchois’s Shift
Authors: Edwards Laura F.
Published: January 2022

This chapter examines the “street trade”—the part of the textile market structured by the legal principles associated with textiles. What distinguished the street was its transitory nature. Such markets were the most visible when housed in identifiable locations, such as pawnshops. They also materialized out of thin air and then disappeared just as quickly. People sold out of their homes, on the street, and after church. The street trade was tolerated, but only just, because it altered the rules governing exchange elsewhere in the legal order. That did not make it “extralegal.” Exchange took place out in the open and followed set rules that mirrored those in civil law, the area of the legal system from which those without rights were excluded. The transactions supported within the street trade only seem different because participants used shirts, shifts, and handkerchiefs, not notes and bills of exchange.
Catherine Brennan’s Haul
Authors: Edwards Laura F.
Published: January 2022

As this chapter shows, the practice of treating disputes over property claims to textiles in the legal form of theft had negative implications in the long run. This legal form made the property claims of people with the full range of rights visible but uncertain. They were always dependent on the specifics: the form that the property took, the people involved, the circumstances, and the sufferance of legal officials. They were always limited, applicable only to the successful claimant and the property in question. They were always punitive. The affirmation of the complainant’s claims turned the unsuccessful defendant into a criminal, who then faced stiff penalties: corporal punishment and/or imprisonment, in addition to monetary restitution. Theft, moreover, turned all property claims into crimes, which made the property defended in this manner seem different and, ultimately, illegitimate.
What is free will?
Authors: O’Connor Timothy
Published: January 2022

This chapter explains the concept of free will and then explores a number of conceptual and empirical puzzles to which it gives rise: Is it compatible with causal determinism, with non-deterministic “chance,” or with the apparent fact that much human action is automated rather than being consciously controlled? Does it admit of degrees? On what basis might we distinguish freedom-diminishing causal influences from neutral or freedom-enhancing influences? And what evidence could establish that we ever exert “top-down” control over the sub-personal neural processes that underlie all human choice and action?
Ritual, Music, and Embodied Emotions
Authors: Perkins Franklin
Published: January 2022

The importance of ritual and music for Mengzi and other Confucians is one of the more difficult things to make plausible in a contemporary context. This chapter begins with a critical analysis of common views of ritual. It then explains the various ways Confucians justified the significance of ritual, etiquette, and music. The most fundamental point is embodiment: emotions are expressed in bodily reactions and bodily movements shape emotions. As the body is public and visible, its movements and expressions also affect other people (stimulating their emotions). Ritual and music are meant to guide these flows of influence into constructive forms.
The First Black Archaeologist
Authors: Lee John W.I.
Published: January 2022

This is the first full biography of John Wesley Gilbert (1863–1923), a pioneering African American scholar, archaeologist, teacher, civic leader, and missionary. The first part of the book traces Prof. Gilbert’s life from his birth into slavery in rural Georgia through his early education in the segregated public schools of Augusta, Georgia, on to his studies at the Augusta Institute and Atlanta Baptist Seminary (forerunners of Atlanta’s famed Morehouse College), at the Methodist-sponsored Paine Institute in Augusta, and at Brown University. Its central chapters focus on Gilbert’s sojourn in Greece during 1890–1891 as a member of the American School of Classical Studies at Athens, a research institution founded in 1881 by a consortium of American colleges and universities. The book examines Gilbert’s relationships with his American School professors and classmates, his experiences of living in Greece, his topographical research on the urban demes (neighborhoods) of ancient Athens, and his archaeological work at the ancient Greek city of Eretria. The final portion of the book explores Gilbert’s life after Athens, as he earned a national reputation as an African American educational, civic, and religious leader. It examines his arduous 1911–1912 cooperative mission to the Belgian Congo as a representative of the Colored Methodist Episcopal (CME) Church, with his white companion, Bishop Walter Russell Lambuth of the Methodist Episcopal Church, South (MECS). Throughout the book, Prof. Gilbert’s experiences and contributions are placed into the broader context of nineteenth-and early twentieth-century US history and especially into the context of African American intellectual and cultural life during that period.
Mutombo Katshi
Authors: Lee John W.I.
Published: January 2022

This chapter focuses on Gilbert’s 1911–1912 mission to the Belgian Congo with Bishop Walter Russell Lambuth of the Methodist Episcopal Church, South (MECS), using evidence from the preserved typescript of Lambuth’s diary and the surviving fragments of Gilbert’s now-lost diary. The chapter begins by tracing the origins of the joint interracial mission of the MECS and the Colored Methodist Episcopal (CME) Church, including Lambuth’s early interest in Africa, the arrival of several Zulu students at Paine College, and Gilbert’s desire to find a new purpose for Paine College as a missionary training school. From there, the chapter traces Gilbert’s 28,000-mile round trip from Augusta to the Congo and back again, including nearly a thousand miles on foot through the Kasai region of central Congo. The chapter offers new insight on Gilbert’s relationships with famed African American Presbyterian missionary William Henry Sheppard and with Bishop Lambuth. It traces Gilbert and Lambuth’s trek from the Presbyterian mission at Luebo in search of a spot to locate a Methodist mission and explains how the two Americans made contact with Chief Wembo Nyama who invited them to found a mission in his territory. The chapter pays particular attention to Gilbert’s study of African languages and to his relationships with the African people he met.
Why Use the Language of the Law in Global Politics? On the Legitimacy Effects of Claiming to Act Legally
Authors: Venzke Ingo
Published: January 2022

Why do actors use the language of international law in global politics? This chapter discusses answers to this question from the perspective of three different logics of action—consequentialism, appropriateness, and deference. It exposes how different explanations for the invocation of international law share assumptions about the law’s legitimacy effect, i.e., its impact on evaluative judgments about what is right and wrong. Typically: Do levels of approval decrease if a certain behavior is claimed to be illegal? This chapter discusses experimental studies that have inquired into the impact of invoking the law on public opinion, overall offering some support for the law’s legitimacy effect. But those studies are partially contradictory and require further refinement. The chapter argues that inquiries should pay closer regard to international law’s distinctive claim to authority, to the predispositions of non-US audiences, and to law’s function in enabling rather than constraining behavior. On this basis, the chapter makes suggestions for future experimental setups, closing with an outlook on the deep divides that have separated experimental methods from legal research of a more critical bent.
International Legal Argumentation on Intellectual PropertyTwo Snaphots from the World Intellectual Property Organization
Authors: Kwakwa Edward
Published: January 2022

This chapter focuses on international legal argumentation in the field of intellectual property law. It analyzes the Uniform Domain Name Dispute Resolution Policy (UDRP), an alternative form of dispute resolution process in which individuals and companies invoke administrative criteria to try to reverse situations where their trademarks have been hijacked by cybersquatters. The chapter concludes that an established body of jurisprudence facilitates greater certainty and predictability of decisions under the UDRP. Second, it describes the role of legal argumentation in the deliberations of the World Intellectual Property Organization’s Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore. While legal argumentation is yet to result in an international treaty, it has shaped national and regional legislation on the protection of traditional knowledge.
Arguing about Trade Law Beyond the Courtroom
Authors: Claussen Kathleen
Published: January 2022

This chapter reviews trade law argumentation—advocacy that invokes substantive international trade law principles—in settings outside of the World Trade Organization dispute settlement mechanism. Even so limited, the expanse of the possible areas where one might find such argumentation remains broad. The chapter focuses on two novel data sets of arguments growing out of recent events: first, state reactions to US imposition of special tariffs on steel and aluminum and on products from China; second, comments by US legislators in congressional debates. Each set engages a very different set of speakers across a range of experiences. And each yields different lessons about the purposes and effects of trade law argumentation outside the courtroom.
Power to the People
Authors: Tushnet Mark , Bugaric Bojan
Published: January 2022

Self-described populist leaders around the world are dismantling their nation’s constitutions. This has led to a widespread view that populism as such is inconsistent with constitutionalism. We disagree. Some forms of populism are inconsistent with constitutionalism, others aren’t. Context and detail matter. We begin with a thin definition of constitutionalism that people from the progressive left to the conservative right should be able to agree on even if they would supplement the thin definition with other more partisan ideas. We follow with a similarly thin definition of populism. Comparing the two, we argue that one facet of populism—its suspicion of institutions that are strongly entrenched against change by political majorities—is sometimes inconsistent with constitutionalism thinly understood. We then provide a series of case studies, some organized by nation, others by topic, to identify more precisely when and how populist programs are inconsistent with constitutionalism—and, importantly, when and how they are not. The book concludes with a discussion of the possibilities for a deeper and, we insist, populist democracy. After examining some recent challenges to the idea that democracy is a good form of government, we explore some possibilities for new, albeit revisable institutions that can determine and implement a majority’s views without always threatening constitutionalism.
Injurious Conduct
Authors: Jansen Nils , Steel Sandy
Published: January 2022

This chapter explains how the concepts of fault and unlawfulness have always stood at the centre of doctrinal discussions of tort law, albeit that a clear conceptual distinction between these concepts was only arrived at in the nineteenth century. Private law culpa having first been the chief object of scientific discussion, in the twentieth century the meaning and purpose of unlawfulness became problematic; the dominant conduct-focused conception of unlawfulness again put in question the previously self-evident distinction with fault. Meanwhile, the idea of an ‘individual’ or ‘absolute’ right became a third central concept alongside unlawfulness and fault. On the one hand, the BGB (Bürgerliches Gesetzbuch) could, with the use of this concept, formulate the requirements of delictual liability independently of the particular concrete Roman law actions; on the other, it could also avoid an undifferentiated general clause, which would have left the determination of protected legal interests in the hands of judges. The BGB thus required a fundamental doctrinal separation between a legal good focus on the victim's side and a conduct-based focus on the responsibility for a loss caused. Such a separation can only be meaningful, of course, if it stands for actually distinct kinds of normative consideration. Whether this is so can only be broached after a more detailed examination of the idea of protected individual rights in tort law.
Violation of a Right, Economic Loss, and Compensation
Authors: Jansen Nils , Steel Sandy
Published: January 2022

This chapter addresses the questions surrounding legally protected interests. A fundamental structural element of German tort law is that certain legal interests enjoy a general, as complete as possible, protection under the law, while the infringement of other interests only gives rise to compensation when rather strict requirements are met. Such a model of the law of delict raises the question of which legal interests deserve a specific mode of protection in tort law—what should count as an ‘other right’ (sonstiges Recht); in addition, it necessitates a precise delimitation of the protective scope of individual legal interests. From a European perspective, this conception has, at least prima facie, something strange and antiquated about it; for many, it is most unfortunate. On the one hand, for some the concept of a ‘non-material loss’ is implausible, and on the other there is frequently a need to compensate pure economic losses. While the first problem is of a primarily conceptual kind, the second amounts to whether pure economic losses should be included within a delictual general clause, or whether it would be desirable to create special modes of delictual protection. For both problems it is equally helpful to consider the background to, and normative meaning of, such a differentiated protection of different interests in tort law. This leads to the question of the doctrinal function of individual rights in tort law.
Willing to Pay?
Authors: Steinmo Sven , D'Attoma John
Published: January 2022

Why do people in some societies tend to follow rules and obey the laws so much more than they do in other societies? Are these differences due to different institutions or is “culture” a better explanation? These are the central questions confronted in this book. This study explores these questions through a large laboratory experimental study which examined tax compliance behavior in four countries: Sweden, Italy, Britain, and the United States. We present what we call a “Reasonable Choice Approach”, demonstrating that most people are motivated to comply with social rules when the rules are clear, coherent, and consistent. This theory argues that most people are both rationally self-interested and social animals who have strong desires to behave according to the norms of their societies. Willing to Pay? demonstrates how institutions can shape individual behaviors and thereby help explain why social behaviors are so different across societies.