bluuebunny/crossref_metadata_2025 huggingface dataset:
The Rule of Law and the Place of Rights
Authors: Kim Sungmoon
Published: April 2023

This chapter illuminates the general nature of Confucian democratic constitutionalism as a normative political theory predicated on weak well-being consequentialism. Confucian democratic constitutionalism understands the citizenry’s democratic self-government as its core and takes the democratic legislature as its driving engine, the venue where constitutional norms, values, and rights are deliberated and vetted in accordance with the procedures guided by the principle of egalitarian dignity. At the same time, Confucian democratic constitutionalism acknowledges both the court’s status as one of the important guardians of the political society’s core values and its role to protect individual and minority rights, the moral contents of which are deeply interwoven with Confucian values. The chapter presents three key elements of Confucian democratic constitutionalism: (1) rejection of the categorical distinction between principle and policy, (2) endorsement of the people’s right to reconceptualize and meaningfully exercise rights, and (3) the use of Confucian public reason.
Introduction
Authors: Raphals Lisa
Published: April 2023

Debates about mind–body dualism have become increasingly important in Chinese and comparative philosophy in recent years. Much of the discourse of mind–body dualism uses a problematic binary, without acknowledgment of the very separate roles of “mind” and “spirit.” This chapter outlines five overlapping intellectual and disciplinary perspectives that address problems of mind and body: (1) studies of concepts of the body (Chinese shēnti guan 身體觀) or embodiment; (2) studies of the emotions, including their relations to cognition and to embodiment, across a range of disciplines; (3) studies of the mind in the context of self-cultivation, often within the disciplines of ethics or philosophy; (4) studies of broader issues of selfhood, personhood, and, in some cases, autonomy, often within the discipline of philosophy; and (5) studies of mind–body dualism. Some of these perspectives include discussion of conceptual or root metaphors. Two sections focus on problems with mind–body dualism and propose an alternative view of a tripartite self. The chapter concludes with the plan of this book and how it attempts to address these questions.
Body, Mind, and Spirit
Authors: Raphals Lisa
Published: April 2023

This chapter explores a “spirit-centered view” in texts that emphasize the importance of spirit and explicitly privilege the body as a site of self-cultivation. In some cases, they marginalize, or even disparage, the heart–mind. These texts take spirit (shén 神) as an internalized faculty of persons and understand it as central and crucial to self-cultivation. They describe processes that closely link spirit with essence (jing 精) and qi. Jing, the product of refined qi, circulates in the body and can be transformed into spirit and stored in the heart–mind. Spirit thus depends on an adequate supply of jing and qi. Finally, the correct functioning of spirit is the source of sagelike abilities. The chapter starts with a new understanding of the importance of the body in textual fragments attributed to the fourth-century figure Yang Zhu 楊朱. The remaining four sections address views of body, mind, and spirit in the Guanzi, Zhuangzi, the Shiwen 十問 (“Ten Questions”) text from Mawangdui, and the Huainanzi.
Breakthroughs
Authors: Barrios Richard
Published: April 2023

Shortly after her dismissal from Columbia, Monroe became personally and professionally associated with the powerful agent Johnny Hyde. She appeared briefly with Groucho Marx in Love Happy and, soon afterward, posed for her famous nude calendar. A major turning point came with her casting in John Huston’s The Asphalt Jungle, which won her outstanding reviews. A second important film, All about Eve, followed months later and led to a new contract at Twentieth Century-Fox. Interspersed with these were minor film roles and even a television commercial. Hyde’s death late in 1950 left her grief-stricken and, for a time, without firm professional guidance.
Seriously
Authors: Barrios Richard
Published: April 2023

Now working steadily, Monroe was loaned to RKO for a supporting role in Fritz Lang’s drama Clash by Night. Although beset by insecurities, she acquitted herself well. Upon returning to Fox, she was cast in a lead in Don’t Bother to Knock, for which she worked particularly hard on her role as a mentally disturbed woman unwisely hired to babysit. Again, there were difficulties on the set, and upon its release, she and the film both earned mixed reviews. Fox quickly cast her in small roles in two multistory films, We’re Not Married and O. Henry’s Full House. While the former gave her little in the way of good material, Full House afforded her the opportunity to work opposite the masterful Charles Laughton and, in a fleeting appearance, make an excellent impression.
Detonating
Authors: Barrios Richard
Published: April 2023

Fox gave Monroe a final supporting role—with star billing—in the Howard Hawks comedy Monkey Business. The role was insubstantial, yet Monroe’s fame and publicity had reached a level even higher than the film’s stars, Cary Grant and Ginger Rogers. With the revelations that she had posed for a nude calendar and was now dating Joe DiMaggio, her stardom reached an even higher rung. Fox, bowing to the inevitable, cast her in a major leading role as femme fatale Rose Loomis in the Technicolor film noir Niagara. As directed by old pro Henry Hathaway, Monroe gave an over-the-top demonstration of lurid glamour. In her appearance, attitude, and walk (which Hathaway spotlighted twice in the film), Monroe was the epitome of high-contrast 1950s sexuality. Seldom in the future would she be so blatant in her effects and presentation.
Due Diligence
Authors: Barrios Richard
Published: April 2023

Without a break, Monroe moved into a film she abhorred: River of No Return. She clashed with director Otto Preminger—particularly over the on-set presence of coach Natasha Lytess—and found pleasure only in her musical performances. Balking at her next assignment, the Fox musical Pink Tights, she married Joe DiMaggio and was put on suspension by her studio. After performing, with enormous success, for the troops stationed in Korea, she finally agreed to return to Fox. There’s No Business Like Show Business was an especially garish musical spectacle, and Monroe’s participation was beset by illness and constant lateness. When the film was released, her musical numbers received some harsh criticism.
Course Correction
Authors: Barrios Richard
Published: April 2023

Monroe, abetted by photographer and would-be producer Milton Greene, engineered a complete break with Fox and Hollywood. She moved to New York and a close association with the Actors Studio and its revered cofounder Lee Strasberg. She took acting classes, studied privately, began psychoanalysis, and commenced a relationship with playwright Arthur Miller. Fox, desperate to have her return to film, finally agreed to her terms, including a higher salary and approval of directors and material. Before leaving for California, she successfully performed a scene from Eugene O’Neill’s Anna Christie for an exacting Actors Studio audience. Her “comeback” film was Bus Stop, directed by prized stage director Joshua Logan. Monroe gave a detailed and poignant performance completely unlike anything she’d done previously and won outstanding reviews.
A Sense of Self
Authors: Barrios Richard
Published: April 2023

Monroe married Arthur Miller and went to England to make a film for her own production company. The Prince and the Showgirl (based on Terence Rattigan’s play The Sleeping Prince) was a comedy, but the circumstances surrounding its filming were hardly amusing. Director and costar Laurence Olivier had little rapport with Monroe and zero patience for her Method-led approach to acting. Moreover, the production was hobbled by clashes between Miller and Milton Greene, with additional interference from Lee Strasberg and his wife, Paula, who served as Monroe’s coach. Most held Monroe’s conduct to be less than professional, and once again there was lateness and personal crisis. Though the film was not a financial success, it could be seen as one of Monroe’s finest hours on film: at her most beautiful, she delivered a performance so enchanting that even Olivier felt he had been outmatched.
The Desert
Authors: Barrios Richard
Published: April 2023

The Misfits, written by Arthur Miller and directed by John Huston, was the final completed film of both Monroe and Clark Gable. Its production, in and around Reno, Nevada, in the blistering summer of 1960, was little short of a nightmare. Emotionally and physically, Monroe was in poor condition, and her marriage to Miller was reaching the point of no return. Although her issues have traditionally been held to be the chief problem besetting the filming, a fair amount of the difficulty lay with Huston, especially with his unchecked addiction to gambling. Gable, performing valiantly under difficult circumstances, died only days after shooting was completed. Although hopes were high, the final film was the kind of pretentious disappointment that contained affecting moments but did not coalesce. Later efforts to judge it a kind of masterpiece were ill advised, and it would hardly be Monroe’s finest hour on film.
Legacies
Authors: Barrios Richard
Published: April 2023

Monroe died, and instead of fading into a mellow glow, her legend began to explode even more than in her lifetime. Her films ran steadily on television, shelves of books began to be written, and scores of imitators and emulators continued to find ways to hitch their wagons to her star. Among them, Madonna was especially successful with her “Material Girl” video. As the Monroe literature proliferated in print and on television screens, there arose a steady stream of opportunists with agendas, offering “theories” about her death and her relationship with the Kennedy family. Fortunately, her work has endured, and more so than the rumors and sensation.
Tour de France Stages
Authors: Bachrach Steven M.
Published: April 2023

The chemical reaction step is compared to a mountain stage of the famous Tour de France bicycle race. Both have a starting and ending point with some barrier to cross. Just as the bicyclist has to find the energy to climb over a mountain in the Alps, molecules must find the energy to cross chemical barriers. These chemical barriers combine the energy needed to break the correct bonds along with the energy needed to arrange molecules in the appropriate way for them to react. This latter component, called entropy, is presented through three examples.
Nucleophilic Substitution Reactions. I. Basics and SN1
Authors: Bachrach Steven M.
Published: April 2023

Nucleophilic substitution reactions are often the first type of chemical reaction presented in an introductory organic chemistry course. Kinetics, the study of reaction rates, are introduced and used to define the first type of nucleophilic substitution reaction, SN1. The SN1 reaction is unimolecular and has two distinct chemical steps.
Nucleophilic Substitution Reactions. IV. Further Details
Authors: Bachrach Steven M.
Published: April 2023

A few details of nucleophilic substitution are presented. Solvent polarity and ability to participate in hydrogen bonding allow for the selection between the SN1 and SN2 reactions. Isotopes enable close examination of nucleophilic reactions. The endocyclic restriction test implicates a backside attack in the SN2 reaction.
Where the Heart Belongs
Authors: Mitchell Scott A.
Published: April 2023

Building on the previous two chapters, this chapters discusses the idea of genre and genre categories: how are genres of art or categories of religion conceived, defined, and maintained? Beginning with a discussion of Alan Watts and his role as the foremost promoter of Zen at midcentury, the chapter argues that a category of religion, American Buddhism, emerged in the 1950s. This category of religion was made possible by the labor of Japanese American Buddhists; however, their role in its early formulation has been overshadowed by later converts and often unexamined in the scholarly literature. Whereas scholars have divided American Buddhism into the “two Buddhisms” of Asian Americans and white converts, this book argues against this division. The chapter asks, what if? What if we conceptualized American Buddhism beyond this limited frame?
From Community Conflicts to Policy Outcomes
Authors: Spalding Rose J.
Published: April 2023

Chapter 2 explains the argument introduced in this book. It brings together three elements—elite power, social movement networks, and institutional “docking points”—that normally serve as the centerpieces of distinct analytical traditions. It lays out a framework for mapping variation in levels of elite consensus in both the political and economic arenas. It explores the extent to which resistance activists either achieve national-level frame alignment through multisectoral and multiscalar networking or fragment into “distributional,” “definitional,” and “scale” (large-scale versus artisanal) conflicts. Finally, it examines the issue of state penetrability, or the availability of absorptive spaces where popular movements can insert resonant demands and capture official attention. This chapter describes how resistance networks can, under specific circumstances, embed their demands into political party programs and electoral campaigns, strategic litigation and high court rulings, bureaucratic practices and regulatory deliberations, and negotiations between national and local government leaders, as they propel local initiatives into national policy outcomes.
Lower Class of Inmates
Authors: Mironova Vera
Published: April 2023

In addition to the prison criminal leadership and general inmate population who have not violated major criminal organization set prison rules, there are lower castes, with specific rules of interaction, that are basically untouchables. It is easy for an inmate to fall from an upper caste to a lower caste, but absolutely impossible for an inmate to rise up from a lower caste. The existence of the lower castes is based on need and designed to solve the following problems: doing the dirty jobs, punishment (mechanism to scare inmates into complying with vory organization set prison rules), scurity (in the outside world, a dangerous person can be isolated in prison, but within the prison, the only recourse is a lower caste), emotional well-being (inmates are trapped in an intimate environment with people of different personalities, making it necessary to have a system where they can at least tolerate each other), and show of power.
Conclusion
Authors: Mironova Vera
Published: April 2023

The Bolshevik Revolution of 1917 was led by those in the lowest class of society. As a result of the revolution, the social order of the country was changed and those deprived of resources had no option but to move underground. Eventually, they found themselves behind bars where. While behind bars, those people formed the vory criminal family, which soon declared total control of the prison’s internal governance throughout the Soviet Union, and vory criminal ideology became the only ideology behind bars. During its early years, the Soviet Union had a war with crime, and the situation in prisons for the vory criminal family was extremely difficult, and it fought for its survival. But when the country and its law enforcement became weak, the vory criminal organization became so strong that not only were they not just an underground secret group anymore, but they became a part of the legal business world, and even the government. The absence of an existential threat led the vory criminal group into getting stuck in the internal problems. Inmate dissatisfaction with the vory prison regime and its social order continued to increase until the early 2000s, when a new ideological group appeared in the prisons. Islamist jamaats, claiming to be the antithesis of an unfair and corrupt vory criminal ideology, wanted to—if not take prisons over—at least share control of them. And they became successful, significantly increasing their ranks and eventually taking power in at least some of the prisons.
Health Impact Assessments as a Negative Right to Health
Authors: Ho Christina S.
Published: April 2023

This chapter shows that legislating mandatory health impact assessments would be one way to value health as a right, while maintaining fidelity to the American tradition of rights as negative liberties from state action. The chapter catalogues other values protected by mandatory impact assessment requirements and shows that under an account of rights-as-proportionality, these requirements to articulate justification and fit effectively render these values as subconstitutional negative rights. The chapter then poses the question of why Americans should have rights such as freedom from government action imposing paperwork burdens, but not freedom from government action burdening human health, especially when there is burgeoning evidence that government action across all sectors, including housing, transportation, education, and taxation, can have adverse effects on human morbidity and mortality. An existing panoply of legislative and regulatory impact assessments already impose similar heightened justification requirements to protect values that compete with health (including private property, economic freedom of small businesses, the economic freedom of states and localities, and extraconstitutional protection of religious liberty). Health should be placed on at least equal footing, and the author outlines a proposal for a health impact assessment measure that would achieve precisely that.
On the Syntax of Fronted Adverbial Clauses in Two Tyrolean Dialects: The Distribution of ResumptiveSemm
Authors: Casalicchio Jan , Cognola Federica
Published: April 2023

This chapter discusses adverbial resumption in two Tyrolean dialects, Meranese and Mòcheno, which represent two privileged environments for investigations on microvariation. We show that certain classes of fronted adverbials are resumed in both languages by the resumptive element semm (lit. “there, then”), which behaves semantically like a generalized resumptive because it is used with a variety of adverbial clauses. However, unlike the Norwegian generalized resumptive studied by Christine Meklenborg, semm is a maximal category and cannot resume nominal arguments. We demonstrate that resumption with semm is limited to central adverbial clauses (e.g. temporal clauses), while peripheral adverbial clauses (e.g. adversative clauses) cannot be resumed. These restrictions are shown to depend on semantics in Meranese but on syntactic reasons in Mòcheno. Moreover, we discuss additional differences in the syntax of semm in the two languages, which we claim ultimately depend on the fact that Meranese is a strict V2 language, while Mòcheno is a relaxed V2 language that allows V3 and V4 orders in some configurations.
V3 in True V2 Contexts and Adverbial Resumption in Old English
Authors: Haeberli Eric , Pintzuk Susan
Published: April 2023

Even though Old English (OE) has word order properties that are reminiscent of the modern Germanic Verb Second (V2) languages, a wide range of exceptions to V2 can be found. However, clauses with the fronted adverbs þa and þonne (“then”) can be shown to be quite rigidly V2. The main productive exception to V2 occurs in clauses where þa/þonne act as resumptives of a clause-initial adverbial clause. This chapter examines such cases of resumptive V3 and compares them with alternative word orders involving initial adverbial clauses (V2 and nonresumptive V3). Based on detailed quantitative evidence, we show that the initial adverbial clauses are best analyzed as occupying a clause-external position both with resumptive V3 and with V2. With the former, the adjunct clause is followed by true V2, and with the latter, it is followed by a V1 clause. Main clause internal placement of the adverbial clause may however be an option with nonresumptive V3.
The Syntax of the V3 Particlesåin the Swedish Left Periphery
Authors: Holmberg Anders
Published: April 2023

A characteristic feature of the left periphery in Mainland Scandinavian is the particle så occurring optionally between certain fronted constituents and the finite verb in root clauses. Following Kristin Melum Eide, the particle will be analyzed as the spell-out of a head encoding declarative Force (D-Force) in the C-domain, which attracts a constituent in spec-FinP. The D-Force head includes an unvalued feature [uF]. When the attracted constituent is a nominal category, [uF] copies its nominal features; this is how so-called Copy Left Dislocation is derived. When the attracted constituent is an adjunct, the head can be, and when it is an ,adverb or other nonreferential category must be, spelled out as the invariant så, the default spell-out of [F]. Exceptions include wh-adjuncts, the fronted negation, and certain other focused constituents. The particle så in Fenno-Swedish has a freer distribution: it can spell out the D-Force head regardless of the features of the attracted constituent, with the exception of pure operators, including non-D-linked wh-phrases and focused polarity items.
Abraham Isaac Kook (1865–1935)
Authors: Breier Idan
Published: April 2023

Widely regarded as a broad, innovative philosophical treatise, Harav Abraham Isaac Hacohen Kook’s A Vision of Vegetarianism and Peace sets out his ideas regarding Jewish vegetarianism. God originally intending human beings and animals to be vegetarians; following Adam and Eve’s sin he allowed humanity to eat meat under certain conditions. One of the ways in which human culture has yet to fully develop thus relates to the animal world, human beings and animals both being destined to become noncarnivores in the eschaton. This chapter presents the biblical bases upon which Rav Kook’s thesis rests—verses from Genesis and Psalms that refer to God’s mercy and prophetic texts with an eschatological tinge. Addressing the Jewish dietary laws and other commandments relating to animals, he maintains that these are intended to educate human beings to be considerate of the animal kingdom and prevent animal suffering.
Jürgen Moltmann (1926–)
Authors: McLaughlin Ryan Patrick
Published: April 2023

Jürgen Moltmann’s eschatological orientation, coupled with his inclusion of every single moment of every individual creature who has ever lived into the scope of God’s redemptive work, suggests that the Church’s role as eschatological witness ought to include the cessation of violence toward nonhuman animals to the greatest extent possible. This role calls for a staunch resistance of violence, even in some cases where there is luxurious benefit to humanity. Such a position challenges practices such as hunting and affirms the propriety of practices such as vegetarianism—except in areas where such practices are necessary for sustaining human life and/or maintaining a healthy ecology.
The Revolutionary Consensus
Authors: Hongxuan Lin
Published: April 2023

This chapter aims to subvert narratives of Islam, Marxism, and the revolution that “nationalize” history in the state’s interest. It shows how the Indonesian Revolution (1945–49) was a moment of ideological efflorescence, when unprecedented solidarity allowed eclectic combinations of religious identities and political commitments. This environment made possible a plurality of combinations of Islam and Marxism. Muslim politicians like Achmad Soebardjo and Islamic scholars like Hamka induced insights directly from Marx and Engels, going beyond Permi’s or PSII’s affective identification with socialism or implicit reliance on Marxist critiques in the 1930s. The reborn PKI, with a new leadership coalescing around D. N. Aidit, argued that Communism could serve Islamic ends. Tan Malaka resurfaced to lead a Communist alternative to the PKI, with his commitment to Islam intact. 1920s-style Islamic Communism, oriented toward global resistance to European imperialism, yielded in favor of more Indonesia-centric engagements with Marxist ideas. The revolutionaries’ creativity highlights the limitations of relying on well-worn categories like “nationalist,” “Communist,” or “Islamic” to taxonomize Indonesian political thinking.
Why Congress
Authors: Wallach Philip A.
Published: April 2023

To achieve legitimate self-government in America’s extended republic, the US Constitution depends on Congress harmonizing the country’s factions through a process of conflict and accommodation. Why Congress demonstrates the value of this activity by showing the legislature’s distinctive contributions in two crucial moments in the mid-twentieth century: during World War II, when congressional deliberation contributed to national cohesion by balancing interests and ensuring fairness, and during the push to end racial segregation, when a prolonged debate in Congress focused the nation’s attention and delivered a decisive victory for the broad coalition united around civil rights. The second part of the book traces the evolution of Congress, which first experimented with radical decentralization in the 1970s and then, beginning in the 1980s, embraced powerful leadership and ideological caucuses that prioritized partisan unity and electoral confrontation. This transformed institution has been unable to work through the country’s deep divisions on contemporary issues like immigration or the COVID-19 pandemic. Contemporary policymaking often circumvents Congress entirely. In other instances, Congress is engaged, but it proceeds without any bipartisan cooperation or through leader-broken compromises generated by crises. Each of these patterns creates serious difficulties for legitimating American policy. The book concludes with three scenarios for Congress’ future. Without significant change, the institution will sink into decrepitude. But it could still be transformed, either by progressive constitutional reform empowering the president at the legislature’s expense or by a revival of meaningful deliberation and debate facilitated by the renewal of the committee system.
Congress and World War II
Authors: Wallach Philip A.
Published: April 2023

Chapter 2 examines Congress’ role during World War II to show the value of congressional representation, which provided the means for equitably distributing the massive burdens entailed by the war effort. The American people did not quietly accept the rationing, price inflation, and massive tax increases imposed during the war. However, healthy wartime debates in Congress yielded reasonable and politically legitimate arrangements, while blocking unaccountable presidential control of the economy, especially after the war. Roosevelt is rightly remembered as the dominant presence in American politics during this time, but his influence over the home front was limited—precisely because he could not, as a single person, hope to fairly represent the multiplicity of interests struggling with the disruptions of war. The nation ultimately profited from the legislature’s stubborn resistance against some of FDR’s most ambitious plans for organizing the American economy.
Revival
Authors: Wallach Philip A.
Published: April 2023

Chapter 11 lays out a final future scenario, “Renewal,” in which Congress rediscovers and recommits to its constitutional role as a pluralist, decentralized representative body responsible for deciding the major questions facing the country. Committees are re-empowered, members put their districts’ policy needs ahead of their party leaders’ calls for lockstep unity, and floor debate is recovered as a means of actual persuasion. Congress offloads administrative minutia so it can focus on the weightiest issues—and by doing so, the representative legislature helps the country come to some meaningful accommodations on difficult issues such as immigration. This chapter includes a skeptical, though not dismissive, discussion of whether major structural changes, such as a significant expansion of the House of Representatives or a move toward different electoral rules, might restore Congress’ vigor.
Living Together
Authors: Schmidtz David
Published: April 2023

Moral philosophy begins with a question of how to live. Is moral philosophy more foundational than political philosophy? In other words, is “how to live?” more fundamental than “how to live together?” Philosophers were taught to say yes, but there was never any reason to believe it. Must rigorous reflection on how to live aim to derive necessary truths from timeless axioms, ignoring ephemeral circumstances of time and place? In the 1800s, philosophy left the contingencies to emerging departments of social science. How did that work out for philosophy? Did opportunities to cut ties to empirical reality checks leave us with better questions? Better answers? Philosophy wants to say yes, but the truth appears to be no. To recover a measure of relevance to questions that truly need answers, theorizing about how to live together might take its cue from philosophy’s current effort to reconnect with political economy. Philosophers can ask whether any principles have a history of demonstrably being organizing principles of actual thriving communities at their best.
Strategic Consequentialism
Authors: Schmidtz David
Published: April 2023

Here are three mundane facts. First, people are social beings. Second, people make decisions. Third, decisions affect other people. These facts make morality what it is. They also make morality unlike what current moral theories say it is. People decide for themselves. Outcomes, however, often depend on what others decide. If people could choose outcomes in the way they choose actions, act-utilitarian morality would be a simple matter of choosing the utility-maximizing outcome. A buried premise that choosing acts is the same as choosing outcomes quietly lies beneath what utilitarianism became in the 20th century. The premise is false in ways that matter. Utilitarianism as it came to be done in the 20th century does not work. It does not solve problems baked into the human condition that give philosophers reason to theorize about morality.
Strategic Deontology
Authors: Schmidtz David
Published: April 2023

Suppose philosophers take seriously Singer’s idea that “If it is in our power to prevent something bad from happening, without thereby sacrificing anything of comparable moral importance, we ought, morally, to do it.” Suppose they take the idea very seriously: sending goods to where goods do more good and for the same reason sending “bads” to where bads do less harm. People ship food to wherever it extends life expectancies more than it would their own. People also ship toxic waste to wherever it reduces life expectancies less than it would reduce their own. Wrong? By what standard? What is the other part of morality— the part that sometimes trumps Singer’s imperative to “prevent something bad from happening whenever we can do so without sacrificing anything of comparable moral importance.” The lesson is that people need to think strategically not only to promote the good but also to respect it.
Political Economy and the Rule of Law
Authors: Schmidtz David
Published: April 2023

Judges cannot do what philosophers do. They do not work in the space of ideal theory. Their task is to give flesh-and-blood litigants a way to get past a dispute and get on with their lives. Theorizing about how to live together might take its cue less from what is now called moral philosophy and more from the economic analysis of law, an area of research that tracks the evolution of law. It considers how evolving legal precedent may have shaped rules of engagement that help people to know what to expect from each other, get comfortable with what they are learning to expect from each other, and learn how to deserve to be esteemed as social beings.
Cost-Benefit Analysis as Moral Science
Authors: Schmidtz David
Published: April 2023

If different legislative branches pass different versions of a bill, reconciliation follows. Something gets treated as having passed, and then it falls not to the legislature but to regulatory agencies of the executive branch to make sense of what just became law. Subject to judicial challenge, law-as-enforced will be law-as-interpreted by regulatory agencies of the executive branch. So, regulatory agencies need to decide. When unsure, regulators may weigh pros and cons. Cost-benefit analysis is not a theory about what to do. It is not in that sense a moral theory, utilitarian or otherwise. Instead, it is a crude but serviceable tool of moral science, useful for (among other things) subjecting policies of the administrative state to public scrutiny.
Understanding Territorial Withdrawal
Authors: Pinfold Rob Geist
Published: April 2023

From Ukraine to Afghanistan, occupations and exit dilemmas permeate contemporary geopolitics. However, the existing literature on territorial conflict rarely scrutinizes what makes states withdraw from occupied territory. This book addresses this research gap. It argues that an occupier withdraws when the policy’s costs outweigh the perceived benefits across three arenas of bargaining: (i) between occupier and occupied; (ii) within the occupier’s internal polity; and (iii) between the occupier and third parties. This book applies this framework to: (i) Israel’s withdrawal from the Sinai Peninsula between 1974 and 1982; (ii) Israel’s “unilateral” withdrawal from southern Lebanon in 2000; and (iii) the “unilateral disengagement” from the Gaza Strip in 2005. It contrasts the above cases to those of Israeli occupation, without exit in: (iv) the West Bank and (v) the Golan Heights. This book argues that each withdrawal was a gradual process of policy reassessment. Local violence escalated, which intensified international pressure against the occupier to change the status quo. This caused domestic opinion, which was previously pro-occupation, to endorse exit. Affirming this pattern with a probability probe of the US exits from the Caribbean island of Hispaniola, this book constructs a generalizable framework for understanding territorial withdrawal. It delineates commonalities that manifested in each exit yet were absent in the cases of occupation without withdrawal. It thus provides a critical intervention for the study of international security, territorial conflict, and the Arab-Israel conflict alike.
The Framework and the Milieu
Authors: Pinfold Rob Geist
Published: April 2023

Chapter 1 proposes an analytical framework for understanding territorial withdrawal. It notes that existing literature has traditionally fixated on either “tangible” economic, strategic, and material factors; or “intangible” ideational and subjective territorial value. Recent works of territorial conflict have integrated these competing variable-types and levels of analysis. The chapter corresponds to this trend, by developing an analytical framework for understanding the multivariate nature of occupation and exit. It demonstrates that withdrawal is a complex problem, whose understanding requires a framework that embraces, rather than downplays, its multifaceted nature. Correspondingly, it delineates the “arenas of bargaining” framework that is held constant throughout the book, before applying this framework to the Israeli milieu. As such, it provides a brief history of Israeli territorial policy. It also demonstrates that interactions within and between the three arenas of bargaining have consistently determined Israeli security policy and its approach to occupations and exits.
Bad Things
Authors: Feit Neil
Published: April 2023

This book focuses on the nature and importance of harm by providing a sustained defense of the counterfactual comparative account, in particular by extending the account to allow for a certain kind of plural or collective harm. According to the counterfactual comparative account, an event harms a person provided that she would have been better off had it not occurred. On the account defended in this book, there are cases in which some events harm a given individual even though none of them by itself harms the individual. This account aims to solve the most serious problem facing the counterfactual comparative account, a problem involving cases of preemption. In such cases, an intuitively harmful event does not make the victim worse off, since if it had not occurred, another event would have had a similar adverse influence on the victim’s well-being. The book also contains discussion of various competing accounts of harm, and it replies to other challenges to the counterfactual comparative account. It argues, moreover, that an action that would harm a person does not thereby have a strong moral reason against it; if there is a strong moral reason against a harmful act, the reason is due primarily to some of the act’s other features.
The Realist Challenge
Authors: Stein Nathanael
Published: April 2023

Aristotle thinks that each “mode” of causality includes a variety of different metaphysical relationships—there is not one single relationship that obtains between, say, matter and what it is the matter of. This raises a question about whether and how Aristotle can answer basic metaphysical questions about the relationship between causes and what they cause. The fundamental challenge is that explanatory power seems to require three features that are in tension: causes should be distinct from what they cause (Discreteness), causal relations are in some way contingent (Contingency), and causes are non-accidentally related to what they cause (Non-accidentality). A realist theory that accepts all three must be able to say how they can be jointly satisfied.
Causal Kinds and Causal Profiles
Authors: Stein Nathanael
Published: April 2023

Different types of phenomena have different causal profiles, which are structures that characterize different sub-classes of causally defined phenomena. There is a distinction between origin-dominant and end-dominant causal profiles: in the former, the efficient cause has priority, while in the latter the final cause has priority. The varieties of causal profile are distinguished, and shown to align with other philosophically important distinctions Aristotle draws. Their nature and use are illustrated by an application to a specific phenomenon. The distinctions among causal profiles can resolve more local puzzles about Aristotle’s account of causality, including his attitude toward the so-called Principle of Causal Synonymy, and his various claims that formal and final causes are “one” or the same.
Coming to Know Causes
Authors: Stein Nathanael
Published: April 2023

When Aristotle presents his views about causes, the context is invariably epistemological, and he thinks his views make natural science possible in a way that his predecessors’ views do not. This raises a question: how do we grasp causes, and how do we grasp them in a way that yields scientific understanding? The importance of this question is often overlooked; here it is clarified, and a range of answers are surveyed. Aristotle does not attack the question directly, but he does make important claims about knowledge in relation to causes. These passages indicate that we should approach the question by examining our cognitive goals, our cognitive starting points, and the cognitive capacities by which we are supposed to be able to make the transition between them.
Introduction
Authors: Shevchenko Dimitry
Published: April 2023

This chapter introduces the topic and the goals of the book. The popularity of mirror models of consciousness in Brahmanical philosophical traditions of Sāṃkhya, Yoga, and Advaita-Vedānta is explained in the context of these schools’ non-reductionism about consciousness, as opposed to the reductionist models of consciousness in Buddhism. More broadly, the chapter draws the reader’s attention to the underlying representationalist tendencies of Brahmanical mirror models of consciousness and their awareness of critique coming from Indian anti-representationalists. As non-reductionists, Brahmanical theories present a radical alternative to the prevalence of various kinds of reductionism in contemporary philosophy. As representationalists, they provide a thorough defense against Rortian critique of the so-called philosophy-as-epistemology view.
New Mirrors
Authors: Shevchenko Dimitry
Published: April 2023

This chapter takes a foray into a modern mirror model of consciousness, namely Lacan’s theory of the mirror stage. By comparing Lacan’s theory with Indian mirror models, the chapter brings forward the ontological basis of mirror-like interaction between consciousness, the mind, the society, and the world—that is, the illusory identity of different entities. The chapter also negotiates with Thomas Metzinger’s representational theory of consciousness to construct a plausible theory of mental representation of consciousness, based on Indian mirror models, and suggests that such a theory provides a tenable solution to the hard problem of consciousness. The chapter demonstrates the plausibility of non-reductionism about consciousness proposed by Brahmanical philosophers—plausibility enhanced by mirror models. Finally, I defend a new model of consciousness, integrating consciousness-matter dualism, mind naturalism, and representationalism about consciousness.
The Rise and Fall of Animal Experimentation
Authors: Miller Richard J.
Published: April 2023

Every year hundreds of millions of animals are used in the service of biomedical research, which costs taxpayers and the government billions of dollars. When these experiments are viewed objectively, there can be little doubt that the vast majority of them are extremely cruel to their animal subjects. What exactly are these experiments supposed to achieve from the scientific point of view, and in reality, how effective are they? Working scientists answer these questions by saying that their research is absolutely necessary if new therapies for human diseases are going to be developed. But is this really the case? Many people, including members of the general public and scholars in the humanities, have taken issue with the answers provided by science. Importantly, recent advances that employ new methodologies such as stem cell technology, genetic sequencing, and live human imaging have now rendered animal experimentation obsolete. This book describes how animal research began in antiquity as well as its subsequent historical and cultural development, what it is supposed to achieve, why it often fails, and what can expected in the future if we want to invent new therapies for human diseases. The book describes the rapidly developing field of stem cell research and the development of organoid systems that allow experiments to be performed on human tissues rather than animals, and how future scientists should be trained in the ethical appreciation of animal lives.
The Seminar
Authors: Miller Richard J.
Published: April 2023

The author describes his thoughts while attending a lecture discussing experiments performed on a mouse into which investigators have inserted a large number of recording devices through which they can administer “aversive” stimuli and simultaneously monitor the animal’s brain activity and behavior. The experiments are scientifically interesting but objectively very cruel, although most members of the audience of professional scientists do not seem to see them that way. Why is this? The author starts to question the assumption that this kind of research really provides useful information that is relevant to humans. He also starts to think about whether there are better methods for answering questions about humans that don’t involve the abuse of animals, and concludes that such methods are now widely available and that animal experimentation is rapidly becoming obsolete as we enter a new era of biomedical research that is free of cruelty to animals.
Not Just Kids
Authors: Miller Richard J.
Published: April 2023

What are the ethical and philosophical arguments for and against animal experimentation? Are there alternative approaches that might be considered today? In the nineteenth century Jeremy Bentham raised the issue that harm to animals should be considered as a reflection of whether they can suffer rather than whether they are rational. Utilitarian arguments have been widely used in modern critiques of animal experimentation. In this regard the absolute value of many scientific publications can be seen to be negligible and do not support utilitarian arguments. Other civilizations, such as those in India, have offered the concept of ahimsa or opposition to violence as an approach when considering animal experimentation. PETA and other groups have contributed to a widespread popular movement that opposes animal experimentation. The laws in different countries differ widely with respect to their views on animal protection. The “three Rs” are widely considered as a starting point to discussions of animal welfare.
Introduction
Authors: Jenkins Katharine
Published: April 2023

This introduction outlines the main topics of the book and summarises the other chapters. The book argues that the fact of being socially constructed as a member of a certain social kind can, in some cases, be wrongful in and of itself. It is commonly recognised that the social arrangements that bring human social kinds (kinds such as judge or wife) into being can be unjust or even oppressive and that being made into a member of a human social kind can have unjust and oppressive consequences. This book goes further, arguing that we can and should subject human social kinds to direct normative assessment, and it offers philosophical tools for doing so. This introduction also outlines the author’s method, termed ‘emancipatory analytic philosophy’.
Race and Gender Identity Kinds and Ontic Oppression
Authors: Jenkins Katharine
Published: April 2023

This chapter introduces a third variety of race and gender kinds, ‘race and gender identity kinds’. A distinction is drawn between two senses of identity: identity as norm-relevancy and identity as identification. The chapter shows how both types of identity kind can be incorporated into the constraints and enablements framework. It argues that race and gender identity (as norm-relevancy) kinds cannot be ontically oppressive but that race and gender identity (as identification) kinds can, though they are not always ontically oppressive and can sometimes even serve an emancipatory function. Finally, the chapter shows how attending to identity kinds and the needs to which they can give rise draws our attention to a distinctive form of ontic oppression, ‘selective ontic oppression’, which affects some, but not all, individuals who are constructed as members of the relevant kind.
Conclusion
Authors: Jenkins Katharine
Published: April 2023

This conclusion briefly summarises the main arguments of the book and emphasises two cautionary messages. The first caution is against an all-or-nothing approach to applying the concept of ontic oppression to race and gender. Whilst it is important and illuminating to note the oppressive nature of some race and gender kinds, it is misleading and counterproductive to frame this as a general claim about race and/or gender as such. The second caution is against an approach to social ontology that aims to vindicate social practices that are conducive to emancipation by showing that such practices align with existing social kinds, thereby committing us to identifying social kinds with contours that support the sorts of social practices that will be effective in reducing oppression. However, given that social kinds can be ontically oppressive, there is no guarantee of our finding any such kinds.