bluuebunny/crossref_metadata_2025 huggingface dataset:
The Swing Era
Authors: Gioia Ted
Published: March 2021

This chapter looks at the dramatic changes in American culture during the 1930s, when danceable swing jazz played by big bands became the most popular music in the United States. The emergence of a more propulsive dance beat in Kansas City jazz, led by the Count Basie band, set the stage for this shift in the public’s tastes. But the rise to fame of Benny Goodman in the mid-1930s was the transformative event that established jazz as the dominant sound of ballrooms and radio broadcasts throughout the country. This chapter looks at Goodman and his clarinet rival Artie Shaw, and the other leading big bands of the era, as well as the seminal work of Billie Holiday, Lester Young, Django Reinhardt, Coleman Hawkins, Mary Lou Williams, and others. The chapter concludes with an account of Duke Ellington’s mid- and late-career music.
Traditionalists and Postmodernists
Authors: Gioia Ted
Published: March 2021

In the 1980s, more traditional approaches to jazz reasserted themselves, most notably in the work of trumpeter Wynton Marsalis. For the first time in the music’s history, the most celebrated jazz artist of the younger generation seemed just as determined to celebrate the genre’s past as forge a new path into the future—and the resulting tension stirred up the still simmering jazz wars. But Marsalis’s ascendancy was only part of a much larger reassertion of the importance of the history and tradition in jazz music, which also included the rise of record labels such as Pablo and Concord, focused on mainstream swing and bop styles. At the same time a more experimental postmodern movement emerged in jazz, also drawing on past styles, but in a more deconstructive and playful mix-and-match manner. This chapter explores these two ways of integrating the jazz tradition into new music, and covers key artists such as the Art Ensemble of Chicago, Carla Bley, Anthony Braxton, and John Zorn.
“The Death of Floyd Collins”/“Little Mary Phagan”
Authors: Russell Tony
Published: March 2021

This chapter discusses Vernon Dalhart, Floyd Collins, Mary Phagan, topical ballads, old-time music, and Columbia Records
“Let Me Call You Sweetheart”/“Sweet Bunch of Daisies”
Authors: Russell Tony
Published: March 2021

This chapter discusses “Let Me Call You Sweetheart,” “Sweet Bunch of Daisies,” old-time fiddling, waltzes, and stringband
“Chain Gang Special”/“Walk Right in Belmont”
Authors: Russell Tony
Published: March 2021

This chapter discusses Wilmer Watts, Frank Wilson, “Chain Gang Special”, “Walk Right in Belmont”, cotton mills, Paramount Records, and Harry S. Charles
“The Picture on the Wall”/“My Carolina Girl”
Authors: Russell Tony
Published: March 2021

This chapter discusses Georgia Yellow Hammers, “The Picture on the Wall”, “My Carolina Girl”, stringband quartet singing, Victor Records, Ralph S. Peer, and publishing royalties
“Home Again Medley”
Authors: Russell Tony
Published: March 2021

This chapter discusses Red Mountain Trio, “Home Again Medley”, James Yates, steel guitar, and train songs
“Over the Hills to the Poorhouse”
Authors: Russell Tony
Published: March 2021

This chapter discusses W.C Childers, “Over the Hills to the Poorhouse”, old age, sentimental songs, and blind musicians
“Tennessee Coon Hunt”/“Hen Cacklin’ Piece”
Authors: Russell Tony
Published: March 2021

This chapter discusses Whit Gaydon, “Tennessee Coon Hunt”, “Hen Cacklin’ Piece”, instrumental impressions, and old-time fiddling
“Got the Jake Leg Too”
Authors: Russell Tony
Published: March 2021

This chapter discusses Ray Brothers, “Got the Jake Leg too”, topical songs, Clayton Tyler, Allen Brothers, Victor Records, and location recording
“Those Rambling Blues”
Authors: Russell Tony
Published: March 2021

This chapter discusses Steelman Sisters, “Those Rambling Blues”, female musicians, family bands, location recording, and ARC-Brunswick Records
“Guitar Blues”/“Sweet Hawaiian Chimes”
Authors: Russell Tony
Published: March 2021

This chapter discusses DeZurik Sisters, “Guitar Blues”, “Sweet Hawaiian Chimes”, yodelling, family bands, WLS National Barn Dance
Theatricality and Absorption
Authors: Havelková Tereza
Published: March 2021

Chapter 2 engages with the contention that a multiplicity of media offers audio-viewers a multiplicity of positions toward what is presented on stage or screen. What tends to be overlooked is the way audio-viewers’ attention is managed in hypermedia. This chapter concentrates on how points of experience are constructed in hypermedial opera, referencing the narratological concept of focalization. It is particularly attentive to situations in which the perspective that shapes the relationship between the stage and the auditorium is obscured, giving rise to an effect of absorption. The situations in which this relationship is openly acknowledged are approached through the concept of theatricality. Continuing the analysis of Louis Andriessen’s and Peter Greenaway’s opera Rosa, this chapter demonstrates how the effect of absorption is achieved by means of music within the multiplicity of visual representations typical of hypermediacy, focusing on the issue of temporality.
Indigenous Education, Well-Being, and Resilience— A Systemic Approach
Authors: McCalman Janya , Bainbridge Roxanne
Published: March 2021

Schools and other educational institutions are embraced as ideal sites for resilience intervention research because they are places where students spend so much time, and thus provide practicable intervention points to shape their opportunities and influence quality of life into the future. But schools commonly focus resilience efforts on enhancing the ability of individual students to cope and “bounce back” after encountering a negative life event; these expectations can do more harm than good. Rather, schools need to take account of the need to prepare their cultures and broader environments and educators for students. Resilience interventions must be context-dependent, accounting for individuals’ attributes and the cultural, social, environmental and historical contexts in which they developed and exist. They also must ascribe significance to ethics and a power analysis as a context-sensitive point of departure. This chapter examines the concept of how resilience can be built systemically, using the case example of the transitions of Aboriginal and Torres Strait Islander students through the Australian education system.
Resilience Engineering for Sociotechnical Safety Management
Authors: Patriarca Riccardo
Published: March 2021

Modern societies call for a reconsideration of risk and safety, in light of the increasing complexity of human-made systems. Technological artefacts, and the respective role of humans, as well as the organizational contexts in which they operate, dramatically changed in the last decades with an even more severe transformation expected in the future. Rooted in human factors, ergonomics, cognitive engineering, systems thinking and complexity theory, the discipline of resilience engineering proposes innovative approaches for safety challenges imposed by the dynamic, uncertain, and intertwined nature of modern sociotechnical systems. Resilience engineering aims to provide support means for ensuring that systems can sustain required operations under both expected and unexpected conditions. This chapter aims to provide a summary of the scientific field of resilience engineering, as well as a description of two methods common in the field, the resilience analysis grid and the functional resonance analysis method. Following two examples, the chapter proposes a multidisciplinary research agenda for the field.
The Social Contexts of Resilient Architecture
Authors: Peters Terri
Published: March 2021

In architecture, the term resilience tends to be used narrowly describe a building’s structural and environmental performance in quantitative terms—but can a building be called resilient if it fails to make inspiring spaces for people, promote well-being, or improve people’s experience? The chapter begins by exploring how the term is currently evaluated in and around buildings, through discussion of related concepts such as sustainability, passive survivability, and performance gaps. The chapter traces the emergence of a new generation of building evaluation metrics and certification systems that are focused not solely on environmental performance but also consider synergies between people’s experience and our natural resources, such as Active House. The work of GXN and 3XN in Denmark are discussed, in relation to how their research explores resilience and sustainability by focusing on the social aspects of how buildings make people feel. Examples from the multifunctional, process-based strategies used in a series of new climate adaptation renovations in Copenhagen, Denmark, are discussed as exemplary resilient design projects that address neighborhood flooding by simultaneously improving the qualities of public spaces and better connecting people to nature. The chapter concludes with a discussion of how locally specific and socially focused designs can support more resilient environments for people.
The Intellectual Virtues
Authors: King Nathan L.
Published: March 2021

This chapter explores the nature of intellectual character virtues, as a way of preparing the reader for the rest of the book, which explores individual virtues in detail. After providing a list of important intellectual virtues and some examples of these virtues “in action,” the chapter proceeds to discuss the structure of virtues. It identifies intellectual virtues as excellent traits of character involving thought, behavior, and motivation in relation to knowledge. The chapter then introduces a model for understanding intellectual virtues that parallels Aristotle’s account of the moral virtues. Specifically, many intellectual virtues stand as a mean between vices of deficiency and excess. After applying Aristotle’s Doctrine of the Mean to several intellectual virtues, the chapter closes by applying Aristotle’s metaphor of virtue as hitting a target. It suggests that our intellectual actions “hit the target” insofar as they involve our doing the right intellectual acts, at the right times, in the right ways, and for the right reasons.
Autonomy
Authors: King Nathan L.
Published: March 2021

Drawing from examples ranging from the suffrage movement to the Scientific Revolution, this chapter explores the nature of intellectual autonomy, the virtue we need in order to think for ourselves. The chapter identifies autonomy as a virtue that stands between the vices of servility (a deficiency of independence) and isolation (an excess). It argues that, surprisingly, virtuous autonomy requires us to rely on others—a fact illustrated by both the suffragists and the scientific revolutionaries. Autonomy is a matter of thinking for ourselves, but not a matter of thinking by ourselves. The chapter includes a discussion of the relationship between autonomy and deference to experts. It closes with exercises designed to prompt the reader toward virtuous, autonomous thinking.
Honesty
Authors: King Nathan L.
Published: March 2021

This chapter explores the nature of intellectual honesty. Honesty is the first virtue in the book that does not clearly fit into the vice-virtue-vice schema discussed in earlier chapters. This chapter attempts to home in on honesty by exploring its opposites: cheating (plagiarism), lying, bluffing, bullshit, and self-deception. The common feature of these instances of dishonesty is that they all involve an effort to distort the truth. Thus, it is argued, honesty is a virtue centrally involving a disposition not to distort the truth, but rather to represent it accurately (as one sees it). This notion of honesty (and the corresponding notion of dishonesty) suggests that truth itself depends on the way things are, rather than on some sort of “social construction.”
Perseverance
Authors: King Nathan L.
Published: March 2021

This chapter explores intellectual perseverance, the virtue needed to overcome obstacles to our getting, keeping, and sharing knowledge. After locating perseverance as a virtue between the deficiency of irresolution and the vice of intransigence, the chapter considers the structure of the virtue in greater detail. It argues that perseverance involves a disposition to expend serious effort in order to overcome obstacles to the completion of our intellectual projects—particularly obstacles that make it difficult for us to achieve our intellectual ends. The chapter concludes by relating the notion of intellectual perseverance to recent work on grit, and to the concept of a growth mindset.
Open-Mindedness and Firmness
Authors: King Nathan L.
Published: March 2021

This chapter explores the complementary virtues of open-mindedness and firmness. The former requires a willing ability to take seriously the merits of new and contrary views. The latter requires a disposition to retain our own views, insofar as these are well confirmed. Open-mindedness repels the vices of closed-mindedness (a deficiency) and indiscriminateness (an excess). Firmness repels the vices of spinelessness (a deficiency) and rigidity (an excess). The chapter argues that there is a surprising commonality between spinelessness and rigid dogmatism—namely, that both often involve an insufficient attention to portions of our evidence. The chapter closes by extending the notion of open-mindedness to include our views about other people, chiefly our discussion partners.
Fair-Mindedness and Charity
Authors: King Nathan L.
Published: March 2021

This chapter explores the virtues of fair-mindedness and intellectual charity, with a view toward diagnosing and curing problems with public discourse—especially online trolling, bullying, and incendiary speech. The chapter examines and applies intellectual parallels to the well-known Silver and Golden Rules of morality. By working through several realistic cases of discourse gone bad, it suggests a range of guidelines for fostering fair habits of mind. These guidelines describe the intellectual behavior of the fair-minded thinker. The chapter then moves to examine intellectual charity, a virtue that lies beyond fair-mindedness. It closes by arguing that the line between intellectual virtue and vice does not divide people along ideological lines.
Contribution and Complications of Instability in the Lives of Street-Involved Youth
Authors: Magnuson Doug , Jansson Mikael , Benoit Cecilia
Published: March 2021

Unlike most emerging adults, for whom instability is new, for street-involved youth instability is a lifelong experience, beginning in early childhood. Chapter 3 portrays the experience of frequent changes in housing, frequent fluctuations in guardian arrangements, and adjustments related to parental mental health, addiction, and abuse and neglect. As a result of these unique circumstances, street-involved youth often embrace change and assume responsibility for themselves in the midst of instability. At the same time, persistent instability interferes with attachment to work and to education.
Interweaving Oral History Theories with Indigenous Patterns
Authors: Mahuika Nēpia
Published: March 2021

All historical methods are informed by underlying theoretical presuppositions. Oral historians have adopted, developed, and adapted various theories to enable deeper readings of their interviews, with increasing attention given to memory theories, forgetting, narrative, myth, and trauma. Chapter 7, “Interweaving Oral History Theories with Indigenous Patterns,” surveys and considers popular theoretical frameworks that have been employed by oral historians and oral traditionalists. It discusses the ways in which collective memory, myth, composure, narrative, the oral formulaic theory, and other frameworks resonate and interweave with indigenous Ngāti Porou theories of oral history and oral transmission. This chapter explores various native theoretical ideas relevant to agency, subjectivity, decolonization, transformative praxis, and knowledge construction that are important to Ngāti Porou philosophies about our own identity, history and oral culture.
An Overview of Sexual Systems
Authors: Vogt Günter
Published: March 2021

The Crustacea have evolved a broad range of sexual systems, including various types of gonochorism, hermaphroditism, and parthenogenesis. This chapter provides an overview of sexual systems in Crustacea and compares them in the species-rich Decapoda, Isopoda, Amphipoda, Cirripedia, Cladocera, Copepoda, and Ostracoda, which differ considerably with respect to phylogeny, ecology, and life histories. Gonochorism is considered to be the ancient sexual system of Crustacea. Hermaphroditism and parthenogenesis originated many times independently from gonochorism and occur in an estimated 2.2% and 2.4% of species, respectively. Crustaceans differ from the other arthropod groups mainly by the abundance and diversity of hermaphroditic reproduction. Phylogenetic analysis of extant species, the fossil record, and evolutionary ecological theory enable the reconstruction and explanation of divergent evolutionary trajectories of sexuality in the crustacean groups. The specificities can partly be attributed to differences in lifestyle, life history, and adaptive responses to different environments, but may also be the result of evolutionary constraint and competing adaptive strategies that lower the propensity of sexual system shifts. The genetic underpinning and molecular mediation of sexual system shifts are beginning to be unraveled in entomostracan and malacostracan models. A better understanding of the sexual systems in Crustacea may help to optimize their culture and conservation and answer key evolutionary questions like the enigma of sex.
An Evolutionary Ecological Approach to Sex Allocation and Sex Determination in Crustaceans
Authors: Sawada Kota , Yamaguchi Sachi
Published: March 2021

This chapter reviews sex determination and sex allocation strategies among crustaceans with different sexual systems (gonochorism, sequential and simultaneous hermaphroditism, and androdioecy), from the perspective of evolutionary ecology. The discussion includes genetic, environmental, and cytoplasmic sex determination in free-living and parasitic crustaceans, timing and frequency of sex change especially in partial protandry, the effects of mating group size on resource allocation by simultaneous hermaphrodites, and sex ratio and determination in androdioecious crustaceans. The fascinating diversity of crustacean reproduction stimulated theoretical biologists to construct models to explain them, and empirical biologists attempted to test hypotheses derived from those models. This review clearly shows that the interaction between theoretical and empirical studies has facilitated understanding of the evolutionary conditions of diverse sexual strategies among crustaceans. Since sexual strategies often interact with other aspects of adaptive strategies such as life history, integrating different aspects into both theoretical and empirical studies will provide further understandings into crustacean sexual systems. In addition, the authors point out the potential of phylogenetic comparative analyses using natural history data as a tool to understand the tempo and mode of evolution of sex allocation strategies.
Sexual Selection and Sexual Conflict in Crustaceans
Authors: Cothran Rickey
Published: March 2021

Research using crustaceans has improved the understanding of sexual selection and sexual conflict. This is particularly true for understanding the biology of male weaponry and sexual conflict over mate guarding. Male crustaceans often are equipped with exaggerated claws that they use to monopolize access to females or resources that females use for reproduction. However, these weapons are often used in other contexts, e.g. mate choice and coercion of females, and understanding their evolution requires a broader perspective of how these traits are built and the fitness consequences of their use for both the bearer and interacting individuals. Although less well studied than male weaponry, crustaceans also provide excellent examples of elaborate sensory structures that are used in scramble competition among males for females. In addition to studies on male-male competition, crustaceans have been well represented in research on intrasexual selection (for the most part, female mate choice). Crustacean females use a variety of sensory channels to assess mates, and a challenge is to better understand what is being conveyed by signaling males and the fitness consequences of mate choice for females. In some cases the female’s sensory system appears to be exploited by males, and this could lead to sexual conflict over mating. Research on crustaceans has also informed the understanding of sexual conflict over mate guarding, including the evolution of traits used to resolve conflict and how the ecological context shapes the costs and benefits of guarding for both sexes.
Multiple Matings and Sperm Competition
Authors: Becker Carola , Bauer Raymond T.
Published: March 2021

In polyandrous mating systems, females mate multiple times and males have evolved adaptations for sperm competition which increase the number and fitness of their offspring. Mate guarding is a widespread monopolization strategy in groups where female receptivity is temporally restricted and often associated with the molt. Precopulatory guarding occurs in branchipods, copepods, peracarids and decapods. Postcopulatory guarding is notable in numerous brachyurans with males protecting females until her exoskeleton has hardened. During copulation, male success in fertilization depends on an effective sperm transfer mechanism, the precise placement of ejaculates closest to where female gametes are fertilized. Male copulatory systems are highly diverse and strongly adapted to these tasks, especially the structures that interact with the female genital ducts. The elaborate tips of brachyuran gonopods are supposed to act in the displacement, possibly even in the removal of rival sperm masses; however, sperm removal is only evident in crayfish: males eat spermatophores previously deposited by other males. During copulation of several crustacean groups, males transfer secretions that harden and form a sealant. These sperm plugs, plaques and gel layers may protect their own sperm, prevent remating or seal off rival sperm from the site of fertilization. Several groups of isopods and decapods have internal insemination, elaborate sperm storage organs and some exhibit internal fertilization. The intensity of sperm competition increases with the latency between the processes of insemination and fertilization. This chapter gives on overview on mate guarding, male sealants and the anatomical adaptations to sperm competition in crustaceans. We also briefly discuss the consequences of multiple matings for the genetic diversity of broods, i.e., single vs. multiple paternities. There is still a lack of data for many crustacean groups. Moreover, it is often hard to assess how successful a male strategy to ensure paternity actually is as many studies focus on either the behavioral, anatomical, or molecular aspects, while comprehensive multi-level studies on crustacean sperm competition are virtually absent from the literature.
Cryptic Diversity and Sexual Selection
Authors: Galipaud Matthias , Bollache Loïc , Lagrue Clément
Published: March 2021

Recent advances in molecular and genetic techniques have revealed tremendous hidden genetic diversity in plants and animals. Crustaceans are no exception and, in fact, present one of the highest levels of cryptic diversity among the metazoans. Beyond the importance of such discovery and its multiple implications for taxonomy and ecology, it is now timely to investigate the potential causes of cryptic diversity. This chapter reviews the theoretical and experimental literature, seeking evidences for a relationship between sexual selection and cryptic diversity in crustaceans. It proposes three scenarios for the role of sexual selection on the origin and maintenance of pre-mating isolation and genetic divergence among crustacean populations, and suggests ways to discriminate among them experimentally or using existing data. Assuming that taxonomic identification is largely based on differences in sexually selected morphological traits, it also reviews evidence for a cryptic action of sexual selection on crustacean phenotypes. Specifically, if sexual selection acts primarily on chemical, visual, or behavioral traits, it is likely that allopatric crustacean populations remain morphologically similar even when they are reproductively isolated. This review shows that the strength of sexual selection likely differs among allopatric populations but does not seem to consistently induce pre-mating isolation (e.g. as in copepods and amphipods). Research is now needed to try to identify general patterns and determine the role of sexual selection on pre-mating isolation after secondary contact between populations, through reinforcement and reproductive character displacement.
Rhythms and Reproduction
Authors: Dennenmoser Stefan , Christy John H. , Thiel Martin
Published: March 2021

Reproductive rhythms can be found in numerous crustacean species. This chapter reviews the temporal scales of rhythms and how these rhythms are entrained and maintained by external cues and endogenous clocks. The occurrence and synchrony of rhythms vary along latitudinal and depth gradients, which may depend on the availability of zeitgebers (e.g., temperature and photoperiod), changing selective pressures such as predation risk, and variability in larval development rates that affect the timing and synchrony of reproductive rhythms. Commonly observed rhythms are reproductive migrations and synchronized larval release, which are often timed to reduce predation risk for newly hatched larvae. In crustaceans, reproductive rhythms rarely evolve under pure density-dependent selection for synchrony. Pure density dependence is common in marine broadcast-spawning invertebrates like corals, which rely on accumulation of gametes in time and space to ensure fertilization. Instead, (density-independent) selection for synchrony with environmental cycles that track changes in factors affecting fitness such as energy expenditure, predation risk, or food availability seems to be the rule, although some exceptions may exist. In contrast to natural selection, the possible contribution of sexual selection on reproductive rhythms has rarely been considered. Selection for enhanced mating possibilities should favor reproductive synchrony, but deviations from synchrony will affect the operational sex ratio and influence sexual selection. Finally, the chapter discusses the possibility of sexual conflict over reproductive timing between males and females and explores circumstances under which synchronous reproductive rhythms might be abandoned.
Crustacean Reproductive Records
Authors: Vogt Günter , Cothran Rickey D. , Tan Mika M. J. , Thiel Martin
Published: March 2021

Crustacean reproductive traits are highly diverse, and this chapter illustrates some of the most extreme cases, placing them in the context of the more typical crustaceans. It highlights, for example, the male and female records of size and age, the “hottest” and “coolest” reproducers, the longest penises, the largest sperm and eggs, the smallest and largest brood sizes, the longest mate guarding, the most massive sexually selected weapons, the flashiest courtship, the most fathers per brood, the longest incubation of broods, the smallest and largest larvae, the longest larval duration, the longest dormancy of eggs, and the oldest fossil evidence of penis, sperm, brood care, and larvae. Using these illustrious case studies, this chapter briefly examines the adaptive advantages of these extremes and discusses why few species have evolved unusual reproductive traits. Crustaceans indeed appear to hold animal records with respect to relative penis length, aflagellate sperm length, dormant egg viability and fossil ages of penis, giant sperm, and brood care. These captivating examples may be of applied importance in terms of restoring human-altered ecosystems (resurrection ecology using egg banks) and in management strategies of important fisheries.
Grand Strategies (or Ascendant Ideas) since 1919
Authors: Milne David
Published: March 2021

This chapter investigates the most ascendant ideas at work in America's rise to become a global power and then a superpower after the end of World War I. Segmenting US foreign policy since 1919 by “grand strategy” would seem to require grand simplification. Even those administrations commonly identified as practicing quintessential grand strategy appear more inchoate when approached from the protagonists’ perspectives at the time. To give one such example, the sequence of foreign policy innovations that the United States spearheaded from 1945 to 1949 were collectively possessed of considerable foresight. But they were also a series of strategies advocated by various actors at different times with motives that do not necessarily reduce to a mono-strategic essence. Even in regard to post-1945 US foreign policy, a period that has been sub-divided by many distinguished scholars, it is difficult to identify clearly demarcated grand strategies that provide overarching clarity. The chapter focuses on the ascendant ideas that have informed policymaking, shaped public discourse, forced other ideas into decline, and that can perhaps even be identified as “representative” of particular eras.
Implementing Grand Strategy
Authors: Inboden William
Published: March 2021

This chapter describes the Richard Nixon administration, particularly in its early months. Nixon and his indispensable partner Henry Kissinger took office with a coherent and well-developed grand strategy, based on ideas they had been developing and articulating for years. Much scholarship has been devoted, and rightfully so, to the strategic principles and policies that Nixon and Kissinger pursued while in office. Yet the way they organized their national security system and attempted to implement their strategy has received much less attention—despite the fact that Nixon and Kissinger themselves devoted considerable time and intellectual energy to these organizational issues. In other words, they were concerned not merely with what policies they wanted to pursue and why they would pursue them, but also how they would advance those policies. In the case of Nixon and Kissinger, this “how” included the remarkable centralization of power in the National Security Council, often at the expense of the State and Defense Departments. The chapter assesses how and why Nixon and Kissinger went about this, particularly focusing on how they connected their organizational decisions to their grand strategy.
International Law of Belligerent Occupation
Authors: Kretzmer David , Ronen Yaël
Published: March 2021

This chapter examines the Court’s decisions on the applicability of the belligerent law of occupation to the Occupied Territories and the enforcement of that body of law by the Court. It explains the distinction the Court has drawn between customary international law and treaty law. The chapter shows that the Court regards the Hague Regulations as customary law but has not taken the same approach to the Fourth Geneva Convention. The Government of Israel adopted the view that the applicability of the Fourth Geneva Convention to the West Bank is questionable, but undertook to respect the Convention’s humanitarian provisions. The chapter shows how the Court has neither accepted nor rejected the government’s view and has left the Convention’s formal applicability as an open question. Nevertheless the Court regularly relies on the Convention and interprets is provisions. The chapter maintains that in interpreting the Convention the Court has vacillated between different theories of interpretation but has consistently adopted the interpretation that favours the government’s position in the particular cases before it.
Oslo Accords
Authors: Kretzmer David , Ronen Yaël
Published: March 2021

This chapter examines the manner in which the Supreme Court has dealt with the invocation of the Oslo Accords, concluded between Israel and the PLO in the 1990s. It shows that the Court has never upheld petitions by either Israelis or Palestinians, requesting the Court to order the government to refrain from implementing the Accords; to refrain from action that allegedly violates them; or to act in a manner allegedly required by the Accords. At the same time, when the authorities invoked Israel’s obligations under the Accords in response to petitions by Palestinians or Israelis the Court has upheld the authorities’ position.
Gaza After 2005
Authors: Kretzmer David , Ronen Yaël
Published: March 2021

In 2005 Israel withdrew its forces and civilian population from Gaza, and declared that it no longer exercises effective control over the area. At the same time Israel still maintains control over many aspects of life in Gaza, including movement of persons and passage of goods and services. This chapter examines the Court’s approach in petitions relating to Gaza and its residents since the withdrawal. It reviews the Court’s decisions on the application of the law of belligerent occupation to Israel’s actions in Gaza. The chapter discusses the Court’s approach in petitions by Gaza residents who wish to enter Israel or travel through Israel in order to reach the West Bank for medical or other reasons.
Civilian Settlements
Authors: Kretzmer David , Ronen Yaël
Published: March 2021

This chapter discusses cases concerning the establishment of Israeli settlements in the Occupied Territories. As the Court has ruled that the settlement project itself is not justiciable, the main part of the chapter traces the cases on use of land for settlements. It discusses the Elon Moreh case in which the Court held that seizure of private land for establishment of a settlement was unlawful and the government decision in the wake of that decision to establish settlements on public land. The chapter reviews the cases that granted legitimacy to the system of declaring land to be government property, and the Court’s refusal to examine legality of using such property for settlements. The chapter includes discussion of ‘unauthorised outposts’, the Knesset law enacted to regularise such outposts, and the Court’s decision in the matter.
Planning and Building in Area C
Authors: Kretzmer David , Ronen Yaël
Published: March 2021

Under the Oslo Accords land planning and construction in Areas A and B of the West Bank are the responsibility of the Palestinian Authority. This chapter discusses judicial review of planning and building policies and legal arrangements in Area C, which remain Israel’s responsibility. The chapter’s focus is local planning power, the building-permit regime, and enforcement of planning law. As in other chapters the issue of Israeli settlements lies at the heart of government policies and practices in the issue under review. The chapter reviews and criticises the Court’s approach to the different policies adopted by the Israeli authorities towards planning and building for Israeli settlements and Palestinian communities.
Deportations
Authors: Kretzmer David , Ronen Yaël
Published: March 2021

This chapter discusses the Court’s decisions in petitions challenging deportation of Palestinians from the Occupied Territories. The discussion includes the Court’s decision on the mass deportation of 415 people in 1992, which is the last instance in which this measure was used. The chapter provides a critical analysis of the Court’s interpretation of Article 49(1) of the Fourth Geneva Convention, which places an absolute prohibition on deportation of protected persons. The chapter presents the procedural requirements on deportation proceedings imposed by the Court and concludes with a discussion of the Court’s decisions on the removal of West Bank residents to Gaza under ‘assigned residence’ orders.
Conclusions
Authors: Kretzmer David , Ronen Yaël
Published: March 2021

This chapter considers explanations for the patterns of judicial review exposed in this study. It examines the Court’s performance in the light of the constraints of a domestic court faced both with challenges to state policy in political and security matters and the need to retain domestic and international legitimacy. The chapter places emphasis on the distinction between independence of judges and their neutrality. The lack of neutrality comes to the fore when the Court, which is the arm of an occupying state, reviews the authorities’ actions that affect persons who are not part of the judges’ political community. The Court has generally evaded examination of the legality under international law of the authorities’ actions or granted its backing to the positions of the government, often on legally dubious grounds. In so doing the Court has effectively legitimised virtually all policies and practices, including those that are incompatible with international law. In assessing the Court’s function, the chapter distinguishes between the Court’s legitimising and mitigating roles, and between the effect of the Court’s decisions and the effect of its shadow. Finally the chapter appraises the role that the Court has played in the transformation of the regime in the West Bank to one that has elements of a settler colonial regime.
Introduction: Three Themes
Authors: Tamanaha Brian Z.
Published: March 2021

This introductory chapter provides an overview of legal pluralism. Legal pluralism refers to a multiplicity of law in various senses across multiple scholarly disciplines and law and development contexts. The chapter identifies what legal pluralism is framed in opposition to: the image of monistic state law. It also sets forth two streams of legal pluralism: abstract legal pluralism constructed by theorists versus folk legal pluralism understood in social-historical terms. Finally, the chapter outlines three categories of law that appear throughout the book: community law, regime law, and cross-polity law.
Abstract versus Folk Legal Pluralism
Authors: Tamanaha Brian Z.
Published: March 2021

This chapter differentiates between abstract legal pluralism and folk legal pluralism. Abstract concepts of law within legal pluralist literature can be placed in one of two broad categories based on form and function: the inner ordering of associations or institutionalized rule systems. However, both types of concepts of law inevitably result in over-inclusiveness by encompassing social phenomena that are usually not considered to be law, creating irresolvable problems. Folk legal pluralism identifies coexisting forms of law in terms of what people collectively view as law, examined through a social-historical lens that pays attention to how forms of law vary across social contexts and change over time. It also articulates three categories of law applied throughout this book: community law, regime law, and cross-polity law. This approach offers a commonsensical account of law and legal pluralism useful for scholars, development practitioners, social scientists, and legal theorists.
Introduction
Authors: Stoia Nicholas
Published: March 2021

This chapter introduces the “Sweet Thing” scheme through postwar popular music, and defines a scheme as a shared musical structure with predetermined constraints and allowances. The “Sweet Thing” scheme is the result of the intertwining of various musical components of many different sources, some with very deep roots in the past, which penetrated many genres of American vernacular music. With the advent of radio and the phonograph in the early twentieth century—and especially with the widespread circulation of blues, country, and gospel records—the various components of these older forms grouped together and intertwined in different ways, resulting in a number of hybrids and variants. It is this cluster of twentieth-century variants that I call the “Sweet Thing” scheme. Defining its musical characteristics in a way flexible enough to accommodate its substantial variation and exploring the historical sources for its musical attributes are the subjects of this book.
Other Forms
Authors: Stoia Nicholas
Published: March 2021

Chapter 6 briefly considers some examples that depart from either the poetic or rhythmic parameters outlined in earlier chapters. The most common departures are songs that maintain the familiar poetic forms but abandon the typical rhythmic profile. The most common textual departures maintain the rhythmic profile without the most constant elements of the poetic form.
Silicon Valley Firms in American Politics
Authors: Halpin Darren R. , Nownes Anthony J.
Published: March 2021

Chapter 2 examines the firm-level form of corporate elite political engagement. It asks: Just how active are Silicon Valley companies in American (mostly national) politics? And what issues do they work on? The answers to these questions provide a context for founder and CEO activities (explored in later chapters). To be sure, these are important questions in and of themselves. But we ask them primarily to gather information that will allow us to address other questions about the behavior of Silicon Valley corporate elites. Among these questions are: Do politically active leaders come from politically active companies? Do Silicon Valley corporate leaders act like their companies—for example, do they address the same issues? Are corporate leaders simply extensions of the companies they run, or are they “free agents” who inject their own, personal views into the political process? Or are they a mixture of both of these? Chapter 2 presents data that help address these questions and others.
The Future of Nuclear Waste
Authors: Joyce Rosemary
Published: March 2021

How can sites of waste disposal be marked to prevent contamination in the future? The United States government addressed this challenge in planning for nuclear waste repositories. Consulting with experts in imagining future scenarios, in language and communication, and in anthropology, the Department of Energy sought to develop plans that would satisfy demands from the Environmental Protection Agency for a marker system that would be effective long into the future. Expert consultants proposed two very different designs: one based on archaeological sites recognized as cultural heritage monuments; the other proposing that certain forms invoke universal feelings. The Department of Energy opted for a design based on archaeological ruins, cited as proof human-made markers could last and communicate warnings for thousands of years. This book explores the common-sense assumptions the experts made about their archaeological models and shows how they are contradicted by what archaeologists understand about these places and things. The book alternates between discussions of archaeological marker designs and reflections on the alternative proposal based on archetypes intended to arouse universal responses. Recognizing these archetype designs as similar in scale and form to Land Art projects, it compares the way government experts proposed that their designs would work with views of modern artists and critics. Drawing on views of indigenous people who disproportionately are asked to accommodate such projects, the book explores concessions within the project that only oral transmission is likely to ensure that such sites remain identifiable long into the future.
Indelible Messages from Newgrange to Kakadu Park
Authors: Joyce Rosemary A.
Published: March 2021

This chapter examines the diverse features cited to justify the idea that inscriptions on the surfaces of the monoliths could convey meanings into the future. Experts and government agencies changed their cited models multiple times, finally arriving at the Athenian Acropolis and Australian aboriginal rock art as unlikely paired models, after considering the tomb at Newgrange and Spanish Levantine rock art. All the archaeological sites mentioned were either named or nominated as UNESCO World Heritage sites, suggesting a shared common sense about archaeological sites. In addressing these varied analogues of the marker, the experts employed specific theories of communication based on presumed universals in the use of pictographs and narratives, understood today to be questionable. The chapter ends with an interlude considering Australian response to plans to place nuclear waste repositories in aboriginal land, and how aboriginal art can be understood in relation to such planning.
Self-Replicating Machines
Authors: Lee Daeyeol
Published: March 2021

Intelligence cannot be separated from the agent, as can be best illustrated by numerous parasites that alter the behavior of their hosts. This is because intelligence is a function of life whose essential feature is self-replication. The behavior of a host that promotes self-replication of parasites at the cost of its own replication is intelligent for the parasite, but not for the host. This chapters reviews important biological concepts necessary to understand biological intelligence, including the origin of life, biochemistry of gene replication and protein synthesis, and brain evolution. The author argues that because brain functions can be modified by experience, genes do not fully control the brain. Nonetheless, the brain is not completely free from the influence of genes.
Brain and Genes
Authors: Lee Daeyeol
Published: March 2021

During evolution, more complex structures and functions emerge as a result of division of labor and specialization. Often, this leads to a conflict between a principal who determines the nature of division of labor and an agent who implements the overall goal set by the principal. The principal–agent relationship is a useful construct to understand the relationship between the genes and the brain. This chapter covers the key assumptions of the principal–agent theory and how this can be validated in the case of gene–brain relationship. The author argues that because the brain must learn solutions to problems that genes cannot handle, learning is central to intelligence.
Intelligence and Self
Authors: Lee Daeyeol
Published: March 2021

The chapter considers self-knowledge or self-insight. The concept of self is an inevitable consequence of recursive social reasoning, but it is bound to cause logical paradox due to its self-reference. Broadly speaking, self is an example of metacognition, namely, a consequence of cognition applied to evaluate other cognitive processes, which includes the feeling of knowing and other abilities to select the optimal decision-making strategies. As the number and complexity of different learning strategies increase, this also produces undesirable side effects, including negative emotions, such as disappointment and regret, as well as potential failures of metacognition, which might manifest as mental illnesses.
Conclusion
Authors: Lee Daeyeol
Published: March 2021

To better prepare for the future society in which artificial intelligences (AI) will have much more pervasive influence on our lives, a better understanding of the difference between AI and human intelligence is necessary. Human and biological intelligence cannot be separated from the process of self-replication. Therefore, a fundamental gap exists between human intelligence and AI until AI acquires artificial life. Humans’ social and metacognitive intelligence most clearly distinguish human intelligence from nonhuman intelligence. Although advances are likely to improve the functioning of AI, AI will remain a function of human activity. However, if AI can learn to self-replicate and thus become a life form, albeit a man-made one, outcomes become uncertain.
Berg
Authors: Simms Bryan R. , Erwin Charlotte
Published: March 2021

This book contains a new study of the life and works of the composer Alban Berg (1885–1935). The major events in his life are recounted, based on a reassessment of archival documents, correspondence, and the recollections of those who knew him. His relationship with other modernists in music, art, and literature—including Arnold Schoenberg, Karl Kraus, and Alma Mahler-Werfel—is traced. The role played in Berg’s personal and artistic life by his wife, Helene, is emphasized, and her management of his legacy—often controversial—for the forty years following his death is explored. The book contains a close study of each of Berg’s major musical works, including his operas Wozzeck and Lulu.