bluuebunny/crossref_metadata_2025 huggingface dataset:
What Is History?
Authors: Wellman Kathleen
Published: November 2021

The differences between the ways professional historians understand and practice the discipline of history and how these textbooks do are the focus of this chapter. These curricula proudly differentiate themselves from other histories; they reject them as secular and instead make history a narrative of God’s actions and judgments. They trace God’s successive providential relationships with His chosen people. Faith, they contend, not only allows the historian to discern the godly and the sinful, largely through biblical exegesis, but also to judge the past by the standards of current evangelical and right-wing Christianity and the political and economic policies it promotes. History becomes a means of religious and political proselytization and propaganda. These textbooks differ profoundly in argument, epistemology, method, notion of causation, and use of evidence from the professional practice of history.
The Fruits of the Reformation
Authors: Wellman Kathleen
Published: November 2021

The Reformation inaugurated great accomplishments. The Scientific Revolution depended on the biblical understanding of nature by Protestant scientists, and Protestantism led to the great arts of the age. These curricula discuss possible and actual New World explorers, all motivated by their desire to spread Protestantism. The textbooks argue that the Reformation brought not only religious but also political liberty. They cannot easily incorporate the period of the English Civil War into their tale of English post-Reformation virtue. Since the Reformation neither had political ramifications nor sanctioned political revolt, the English Civil War cannot be a political revolution; it is thus construed as a religious quest or a minor Parliamentary dispute. These curricula cannot recognize French power and influence during the seventeenth century. Instead, French economic policies, Catholicism, and immorality foretell the coming demise of the French Revolution. England, in contrast, was inexorably moving toward the Glorious Revolution.
The Wages of Sin
Authors: Wellman Kathleen
Published: November 2021

For these Christian histories, humanity endured punishment for its sins in the first half of the twentieth century. Bad ideas, rooted in a failure to adhere to biblical Christianity, bore horrifying fruit. These textbooks condemn liberalism as the root of evil forms of government—socialism, fascism, and totalitarianism—with little distinction among them. They use this period to define fundamental dichotomies—evil socialists versus godly capitalists, deplorable liberals versus admirable conservatives. Efforts to negotiate peace or maintain it—the Peace of Versailles, the League of Nations, and the United Nations—were reprehensible, reflecting a misplaced desire to remediate the human condition. The United States even made such efforts in the New Deal, which these curricula repudiate. Humanism penetrated modern culture through education, particularly in the social sciences. Evangelicals’ understanding of biblical prophecies gave them a unique ability to weigh and condemn the evils of the modern world.
Introduction
Authors: Morello Gustavo S.J.
Published: November 2021

This introductory chapter presents, as an example of the complexity of contemporary religiosity in Latin America, the lived religion of a woman from Cordoba, Argentina, named Norma—the way in which this regular woman connects with a suprahuman power using different religious venues, in spite of the fact that she identifies as Catholic. Her story shows some of the problems we have in understanding the Latin American religious landscape if we employ theoretical tools that are not appropriate. In order to solve this problem, the chapter explains the methodology used in the book to explore Latin Americans’ lived religion, and the author’s position. The chapter finishes with a description of the book ahead.
Historical Context
Authors: Morello Gustavo S.J.
Published: November 2021

This chapter presents a historical account that helps us to understand Latin America’s religious present. Latin American religious history gives us a better understanding of the Latin American cultural background. Western religious traditions (Catholicism, Protestantism, secularism, evangelism) came to Latin American with different colonial powers: Spain, Portugal, the United Kingdom, France, and the United States. However, Latin America’s religious history also shows the agency of Latin American peoples, the ability to create and recreate practices and locations for religion in the public sphere, as we can find Native and Afro traditions like Umbanda and Santería. The agency of the people, and the influence of religious figures in the public realm, have been part of the Latin American religious experience.
The National Conservatoire System
Authors: Ellis Katharine
Published: November 2021

Discussion of the educational situation in Paris prepares the main arguments of chapters 1 and 2 in relation to nationalized and independent conservatoires in the provinces. Here, the soft power of the state-financed Paris Conservatoire (founded 1795) is contrasted with the more haphazard attempts of the privately funded Schola Cantorum (founded 1896) to act as a centralizing force. After the Revolution the cathedral choir school (maîtrise) system was initially replaced by the Paris Conservatoire alone, but the need for a deconcentrated national system of succursales was keenly felt. However, the Paris Conservatoire’s pedagogical approach could not immediately be imposed on provincial institutions, and some municipalities guarded their independence. A mixed economy of resistance and compliance resulted in a general trend towards homogenization (unity in uniformity) but more decentralist variety and ambition than the government ministry overseeing them found ideal. The Schola Cantorum showed similar centralizing tendencies but could not achieve significant institutional traction.
Opera against the Odds
Authors: Ellis Katharine
Published: November 2021

Until 1864, provincial opera operated within a Napoleonic system designed to ensure hierarchically ordered provision for large and smaller towns nationwide and in the colonies. Discussion of how the system worked, how it was funded, how it served indirectly to erase regional difference, and how raw material from Paris (Grand Opera and the voice types it required) became too expensive, helps explain why the system was already at a breaking point by the 1830s, catalyzing heated local and local–national debates. The significance of provincial opera’s travails, its competitors in the entertainment sector from café-concert to radio, and the importance of two regional triumphs—Wagner and open-air opera—become clear in the light of this Paris-generated organizational history. Considerations of decentralization shift at this point to those of the tensions between genre of “national opera” and the centrifugal forces of cultural regionalism (with its attendant identitarian concerns), using the nature and significance of operatic “local color” as a test bed.
Opera Inside and Out
Authors: Ellis Katharine
Published: November 2021

In three main sections, the discussion takes the reader from standard municipal opera in town theaters to the new phenomenon of open-air opera that started fitfully in the late 1860s but which became fashionable and important for decentralist and regionalist reasons from around 1900 onward. In the first case study, Wagner’s Lohengrin is detoxified in 1891 via seven municipal French stages, in advance of its successful appearance at the Paris Opéra. This provincial coup nevertheless indicates the stranglehold of French repertorial centralization, since it was possible only because Wagner was already embarrassingly famous and the violent history of his reception in Paris had paralyzed the capital’s ability to function as normal. Lohengrin was acclaimed in Lille as “local” but contained no audible couleur locale. It was through such “marked” music that opera acted as a vector for the “picturesque” presentation of the French provinces. Changing critical and audience attitudes to couleur locale from the 1830s onward prepared the conditions necessary for the development of regionalist operatic commentary, especially in Brittany and Provence. Identity, whether local and/or national, could also be enacted by audiences attending festival and commemorative performances of opera and stage spectacle in open-air venues. Catalyzed by performances at Orange, a tradition of open-air opera presented a distillation of meridional musical identity from around 1900 in ancient classical venues and their modern equivalents, while the new music it spawned remained stubbornly difficult to transplant to Paris.
The 1980s
Authors: Rosenfeld Michael J.
Published: November 2021

Chapter 4 tells the story of how AIDS created a health and political crisis in gay communities, which led to a rapid political mobilization and the forcible outing of many formerly closeted people. Many states had decriminalized sodomy, but in the 1986 Bowers v. Hardwick decision, the U.S. Supreme Court decided that criminalization of sodomy was not unconstitutional, a major setback for gay rights. Lewis Powell, who claimed he had never known a gay person was the deciding vote. After Bowers, Lewis Powell retired from the Supreme Court. President Reagan nominated Robert Bork to fill the empty Supreme Court seat, but the US Senate did not confirm Bork. Eventually Anthony Kennedy took Powell’s seat on the Supreme Court. Kennedy would go on to author majority decisions in four major gay rights cases.
Perry and Windsor
Authors: Rosenfeld Michael J.
Published: November 2021

A 2010 federal trial in California, Perry v. Schwarzenegger, ruled that Proposition 8 was unconstitutional and showed that the expert witnesses brought in to testify against marriage equality were either unconvincing or entirely lacking in credibility. Perry was a triumph for the social science consensus supporting gay rights. Moving up the federal court system at the same time was Edith Windsor’s challenge to DOMA, which prevented the federal government from recognizing Windsor’s marriage to Thea Spyer, and therefore prevented Windsor from enjoying the estate tax benefits that married heterosexual couples enjoy. The 2013 U.S. v. Windsor decision overturned a key provision of DOMA, the federal ban on recognizing same-sex marriages and opened the door to legal challenges to every state ban on same-sex marriage.
Authenticity, Respectability, and the Desire for Marriage
Authors: Rosenfeld Michael J.
Published: November 2021

With marriage equality victorious, chapter 15 delves into the question of why so many on the political Left, in the gay rights movement and in academia, failed to appreciate how practical and radical marriage equality would be. Many social movement scholars and gay rights activists had claimed that same-sex couples did not really want to marry. Yet once same-sex couples had the option to marry, they voted with their feet and their hearts to get married by the hundreds of thousands. California same-sex couples chose marriage over domestic partnership by a 20-to-1 margin once they had the choice. Some critics from the Left had argued that marriage equality was not radical enough. The success of marriage equality suggests that there may be nothing as radical as a social change that is also practical and rooted in tradition.
Many Closets
Authors: Rosenfeld Michael J.
Published: November 2021

If coming out of the closet was so effective for gays and lesbians, could the same strategy work for abortion rights, undocumented immigrants, and people who have been victims of sexual assault and harassment? Chapter 16 explores the potential and the potential limitations of coming out of the closet for different kinds of groups. Women victims of assault and harassment have organized around #MeToo and #TimesUp and have managed, by coming out of the closet in numbers, to force many prominent people to be held accountable for their actions. Undocumented immigrants face segregation and status disadvantages, so their ability to change minds by coming out of the closet is limited. Womens’ abortion experiences are almost entirely closeted and this veil of secrecy has allowed opponents of abortion to remain unaware of how many people in their personal circles have actually had abortions. The closet for abortion histories has constrained the ability of abortion rights activists to win a fierce and ongoing public debate with abortion opponents. Marriage equality also had the advantage of being nondisplacing while some other kinds of movements have to displace the rights of others in order to succeed.
Afterword
Authors: Rosenfeld Michael J.
Published: November 2021

Gay rights and marriage equality have advanced so far in the U.S. in the past decade that it would be all too easy to assume that the struggle is over. The opponents of gay rights, however, remain powerful. Readers can take inspiration from how dramatically attitudes toward gay rights have liberalized in the past two decades and how transformative the liberalization of attitudes has been. We live in a world where political lies often seem to have the upper hand. It is worth remembering that despite the many short term advantages that lies can yield in politics, the truth has some long term advantages as well. The way the marriage equality movement prevailed should be a lesson to anyone who wants to make progressive social change.
Traits, States, and Stories
Authors: Schultz William Todd
Published: November 2021

Chapter 1 provides an overview of the Big Five trait model combined with two additional layers of personality expression: states and stories. The author explains that personality starts with traits, simple compounds that are captured in language with words like shy, belligerent, outgoing, ambitious, and friendly. By sifting and simplifying, or what is called factor analysis, all such adjectives reduce to five dimensions, the so-called Big Five. These dimensions (the dimensions are the traits) reveal the why behind creativity as well as the how, the ways in which creativity functions. The Big Five traits are neuroticism, extraversion, conscientiousness, agreeableness, and openness. Writer Truman Capote is used as an illustration of how traits, states, and stories are related to the personality of the artist.
From the Local to the State
Authors: Warren Mark R.
Published: November 2021

Chapter 6 examines the campaign by Voices of Youth in Chicago Education (VOYCE) to pass SB100, the strongest state law at the time designed to combat the school-to-prison pipeline. It highlights the role of high school students in leading a struggle for their own liberation. It identifies key elements of VOYCE’s organizing strategy—elements that groups used across the country: personal storytelling to bring a human face and moral force to policy campaigns; participatory action research to demonstrate the systemic nature of racial inequities; and alliance building to provide greater resources to organizing efforts led by those most impacted. It also shows how the SB100 campaign emerged through an interaction between authentic, bottom-up concerns of VOYCE youth of color and national-level learning from the experiences of organizing groups across the country.
Conclusion
Authors: Warren Mark R.
Published: November 2021

The concluding chapter documents the impact of the school-to-prison pipeline movement on reducing suspensions and challenging policing practices in schools. It then highlights the features that help explain the growth and success of the movement and its emerging intersectional nature—like centering the participation of people most impacted by injustice. It draws lessons from this study for reconceptualizing social justice movements as ones that “nationalize local struggles.” It considers the enduring challenges facing the movement to dismantle the school-to-prison pipeline, including the persistence of racial disparities in exclusionary discipline, tensions between local and national organizing, and the difficulties of implementing restorative alternatives that serve to transform deep-seated racialized processes. It ends with a discussion of the challenges and opportunities to building racial and educational justice movements powerful enough to fully transform entrenched systems of racial inequity and educational injustice, particularly in an era that has witnessed the rise of white nationalism.
What do newspapers talk about when they talk about Muslims?
Authors: Bleich Erik , van der Veen Maurits
Published: November 2021

This chapter uses topic modeling analysis to show that newspapers cover Muslims differently depending on the geographic context in which the stories are set. Reporting on Muslim-majority countries varies from that on Muslim-minority countries, where stories are more likely to highlight separatism, militancy, and extremism. In contexts where Muslims have been victimized by non-Muslim groups, we see an emphasis on Muslims as a vulnerable group or simply as civilians. The inductive approach used in the chapter also reveals that approximately a third of all stories are not primarily associated with the major themes identified by previous research. While almost no topic related to Muslim coverage is positive, several of these themes are linked with far less negativity than others, suggesting pathways for journalists to pursue if they are seeking more balanced coverage of Muslims and Islam over the longer term.
Foundation and Administration
Authors: Roche Helen
Published: November 2021

This chapter provides a concise account of the Napolas’ foundation, and the bureaucratic tasks involved in their administration by the NPEA-Inspectorate (Landesverwaltung der Nationalpolitischen Erziehungsanstalten in Preußen/Inspektion der Nationalpolitischen Erziehungsanstalten). It also investigates the schools’ relationship with other organizations within the Nazi state, including the SA, the SS, the Nazi Party, and the Hitler Youth. Among these institutions, the competition to gain power over the schools was constant, with Heinrich Himmler, the Reichsführer-SS, gradually gaining the upper hand. As such, the Napola administration provides a particularly apt case study of the constant polycratic wrangling which lay at the heart of the Nazi state, as well as mirroring the relative power and respective positions of the SA and SS within the dictatorship’s organizational hierarchy. The chapter concludes by exploring the Inspectorate’s methods of recruiting and controlling Napola headmasters (Anstaltsleiter) and teachers (Erzieher). Ultimately, Reich Education Minister Bernhard Rust, along with NPEA-Inspectors Joachim Haupt and August Heißmeyer, desired to create a cadre of ideologically sound and fanatically loyal staff who conformed completely to the National Socialist ideal of the ‘Führer personality’.
The Endkrieg and the Last of the Napolas
Authors: Roche Helen
Published: November 2021

For pupils at the Napolas, the last few months of World War II heralded an inexorable transition from ‘total war’ to total chaos. Boys as young as 15 or 16 were called up into the armed forces, and many of the schools had to be evacuated wholesale in the face of the advancing Allied armies. This chapter explores the experiences of pupils from a range of different Napolas throughout the Third Reich, as Germany’s territories shrank around them. Some boys were forced to fight their ‘liberators’ to the last, having been drafted into makeshift units of the SS, the Wehrmacht, or the Volkssturm; others fought on willingly even after the armistice, unable to believe that the regime to which they had given their all had collapsed into utter ruin. Many were merely concerned to reunite themselves with their families, even if they were unsure whether any of their relatives remained alive, or if their homes would still be standing. Yet others simply wished to flee and avoid internment at all costs, once they knew that the war was truly lost. In this chapter, the last days of four different groups of NPEA are charted: Stuhm, Köslin, and Rügen, which had most to fear from the encroaching Red Army; Rottweil and Reichenau in south-west Germany, which fell into French hands; Göttweig, Traiskirchen, and Wien-Theresianum in Austria; and Berlin-Spandau and Potsdam, whose pupils were caught up in a series of desperate last stands as Hitler’s capital was finally reduced to rubble.
Epilogue
Authors: Roche Helen
Published: November 2021

This chapter investigates the fates of NPEA staff and pupils after the end of the Third Reich. It begins with an account of how the schools’ former adherents fared under Allied denazification processes, and the ways in which these shaped later exculpatory narratives regarding the Napolas’ exact nature and relationship with the Nazi regime. It then describes the formation of the NPEA old boys’ networks (Traditionsgemeinschaften), and the various stages in the development of Napola memory culture, considering how successful the ‘Napolaner’ may have been in creating a unique strand of collective memory all their own, defined by their own specific identification as a ‘community of experience’. It also analyses former pupils’ reactions to the appearance of books, films, and TV programmes dealing with the NPEA in the post-war and post-Wall media landscape, including the psycho-historical study Das Erbe der Napola (1996), and Dennis Gansel’s film Napola: Elite für den Führer / Napola: Before the Fall (2005). The chapter concludes by siting these findings within the context of relevant literature on Allied denazification policy, veterans’ organizations in the Federal Republic, and post-war German memory.
Negative Properties
Authors: Mumford Stephen
Published: November 2021

Some believe that there are negative properties, such as being non-red or non-circular. Armstrong had attempted a detailed refutation of negative properties since he did not want negativity to be a part of what there is. His arguments were unsuccessful. He thought that sharing a property meant having something in common, but two things could both be non-red because one was all blue and the other was all yellow. But this begs the question, since only if we have already ruled out non-red as a real property can we say that those two things do not share something. There seems no conclusive argument against negative properties, but nor are there conclusive arguments in their favour either. The question of their reality can only be settled after we have looked at other matters.
Individual-based models
Authors: Radchuk Viktoriia , Kramer-Schadt Stephanie , Berger Uta , Scherer Cédric , Backmann Pia , Grimm Volker
Published: November 2021

Individual-based models (IBMs, also known as agent-based models) are mechanistic models in which demographic population trends emerge from processes at the individual level. IBMs are used instead of more aggregated approaches whenever one or more of the following aspects are deemed too relevant to be ignored: intraspecific trait variation, local interactions, adaptive behaviour, and response to spatially and temporally heterogeneous environments, which often results in nonlinear feedbacks. IBMs offer a high degree of flexibility and therefore vary widely in structure and resolution, depending on the research question, system under investigation, and available data. Data used to parameterise an IBM can be divided into two categories: species and environmental data. Unlike other model types, qualitative empirical knowledge can be taken into account via probabilistic rules. IBM flexibility is often associated with higher number of parameters and hence higher uncertainty; therefore sensitivity analysis and validation are extremely important tools for analysing these models. The chapter presents three examples: a vole–mustelid model used to understand the mechanisms underlying population cycles in rodents; a wild boar–virus model to study persistence of wildlife diseases in heterogeneous landscapes; and a wild tobacco-moth caterpillar model to study emergence of delayed chemical plant defence against insect herbivores. These examples demonstrate the ability of IBMs to decipher mechanisms driving observed phenomena at the population level and their role in planning applied conservation measures. IBMs typically require more data and effort than other model types, but rewards in terms of structural realism, understanding, and decision support are high.
Reproductive value and analyses of population dynamics of age-structured populations
Authors: Sæther Bernt-Erik , Engen Steinar
Published: November 2021

Many populations of especially long-lived species show large temporal variation in age structure, which can complicate estimating of important population parameters. This occurs because it can be difficult to disentangle whether variation in numbers is due to fluctuations in the environment or caused by changes in the age distribution. This chapter shows that fluctuations in the total reproductive value of the population, that is, the sum of all individual reproductive values, often provide a good description of the population dynamics but still is not confounded by fluctuations in age structure. Because the change in the total reproductive rate is exactly equal to the growth rate of the population, this quantity enables decomposition of the long-run growth rate into stochastic components caused by age-specific variation in demographic and environmental stochasticity. The chapter illustrates the practical application of this approach in stochastic demography by analyses of the dynamics of several populations of birds and mammals. It puts a strong focus on these methods being particularly useful in viability analyses of small populations of vulnerable or endangered species.
Adaptive management: making recurrent decisions in the face of uncertainty
Authors: Nichols James D.
Published: November 2021

The key to wise decision-making in disciplines such as conservation, wildlife management, and epidemiology is the ability to predict consequences of management actions on focal systems. Predicted consequences are evaluated relative to programme objectives in order to select the favoured action. Predictions are typically based on mathematical models developed to represent hypotheses about management effects on system dynamics. For populations ranging from large mammals to plant communities to bacterial pathogens, demographic modelling is often the approach favoured for model development. State variables of such models may be population abundance, density, occupancy, or species richness, with corresponding vital rates such as rates of reproduction, survival, local extinction, and local colonisation. A key source of uncertainty that characterises such modelling efforts is the nature of relationships between management actions and vital rates. Adaptive management is a form of structured decision-making developed for decision problems that are recurrent and characterised by such structural uncertainty. One approach to incorporating this uncertainty is to base decisions on multiple models, each of which makes different predictions according to its underlying hypothesis. An information state of model weights carries information about the relative predictive abilities of the models. Monitoring of system state variables provides information about system responses, and comparison of these responses with model-based predictions provides a basis for updating the information state. Decisions emphasise the better-predicting model(s), leading to better decisions as the process proceeds. Adaptive management can thus produce optimal decisions now, while simultaneously reducing uncertainty for even better management in the future.
Sharing real and fictional reference
Authors: Kamp Hans
Published: November 2021

This chapter extends the framework of MSDRT (Mental State Discourse Representation Theory) to the problem of reference in fiction, and to the role and function of fictional names. Central to the investigation is the notion of an Entity Representation (ER), a central feature of MSDRT and used previously in the communication-theoretic analysis of the pragmatics and semantics of non-fictional names in Kamp (2015). As argued in that paper, the use of proper names within a speech community leads to networks of connected ERs in the mental states of their users. These networks provide the names with a kind of intersubjective identity. In this respect, fictional names resemble non-fictional names—those that refer to real entities, that exist in the actual world in which we live. This chapter proposes an analysis of fictional names and fictional reference that capitalizes on this resemblance.
Theories and Empirical Applications of Legislative Debate
Authors: Slapin Jonathan , Proksch Sven-Oliver
Published: November 2021

This chapter explores the theoretical mechanisms underpinning the participation of Members of Parliament (MPs) in legislative debates across a wide range of parliaments. It argues that researchers must examine both strategic interactions within political parties and political institutions to develop an understanding of which MPs take the floor and how researchers can use legislative speeches to measure the essential concepts of polarization, intra-party dissent, and representation. The chapter discusses the basic institutional framework that governs debate across parliamentary democracies, provides an overview of an intra-party theory of parliamentary debate, and considers various possible extensions of the theory. Finally, the chapter illustrates how scholars can integrate insights from theories of parliamentary debates and text analysis of parliamentary speeches.
Unpacking Comparative Patterns in Legislative Debates
Authors: Bäck Hanna , Debus Marc , Fernandes Jorge M.
Published: November 2021

This chapter examines the empirical patterns of the politics of legislative debates in thirty-three liberal democracies. There are three take-home messages in this chapter. First, twenty out of the thirty-three legislatures analyzed experience some sort of gender imbalance. Even controlling for potential confounders such as seniority, position in the legislative party, and committee chairs, empirical evidence suggests that women tend to have less access to the floor than men. Second, we find that seniority plays a role in determining floor access. More senior legislators tend to speak more often. Third, against our expectations, comparative results suggest that roughly half of the countries analyzed in this volume do not privilege party leaders in floor access. In addition to discussing comparative empirical patterns, the chapter discusses the road ahead in research on legislative debates.
“The Taste of Life”
Authors: Davis Cynthia J.
Published: November 2021

This chapter begins with a comparative analysis of pain’s importance to three prominent nineteenth-century literary modes: sentimentalism, naturalism, and realism. It then turns to the distinctive aesthetic and ethical priorities of the high realism practiced by William Dean Howells, Henry James, and Edith Wharton. It concludes with an extended analysis of Howellsian realism as the first of several examples of the high realist aesthetic. From the outset of his career, Howells explored the idea that a more refined literary sensibility hinges on a subtle sensitivity to suffering of various kinds, emphasizing a view of the elevated individual as possessing a heightened ability not just to experience pain but to manage his or her own reactions to it in a sophisticated fashion. Even in his most socially engaged fiction, Howells evinces a preference for a troubled, ruminative, and restrained affective response to others’ suffering over reactions his works portray as rash, boorish, or at best ill-conceived.
Philosophical Foundations of Evidence Law
Authors: Dahlman Christian , Stein Alex , Tuzet Giovanni
Published: November 2021

Philosophical Foundations of Evidence Law presents a cross-disciplinary overview of the core issues in the theory and methodology of adjudicative evidence and factfinding, assembling the major philosophical and interdisciplinary insights that define evidence theory, as related to law, in a single book. The volume presents contemporary debates on truth, knowledge, rational beliefs, proof, argumentation, explanation, coherence, probability, economics, psychology, bias, gender, and race. It covers different theoretical approaches to legal evidence, including the Bayesian approach, scenario theory, and inference to the best explanation. The volume’s contributions come from scholars spread across three continents and twelve different countries, whose common interest is evidence theory as related to law.
The Naturalized Epistemology Approach to Evidence
Authors: Broughton Gabriel , Leiter Brian
Published: November 2021

Studying evidence law as part of naturalized epistemology means using the tools and results of the sciences to evaluate evidence rules based on the accuracy of the verdicts they are likely to produce. This chapter introduces the approach and addresses skeptical concerns about the value of systematic empirical research for evidence scholarship, focusing, in particular, on worries about the external validity of jury simulation studies. Finally, turning to applications, it discusses possible reforms regarding eyewitness identifications and character evidence.
The Role of the Expert Witness
Authors: Wahlberg Lena , Dahlman Christian
Published: November 2021

This chapter maps out the scope of the epistemic authority of expert witnesses as interpreters and explainers of evidence and uncertainties that fall within their expertise. They argue that experts should only testify about questions of fact and ought not to express their opinions on questions of law and other ultimate adjudicative issues such as the probability of a hypothesis given the evidence. Rather, experts should facilitate the factfinder’s assessment of how strongly the evidence supports the underlying hypothesis, given all the uncertainties involved. In this chapter, our focus will be on the part where the expert is replaceable (not on first-hand observations). Further, the chapter examines how this role should be understood and constrained.
The Role of Rules in the Law of Evidence
Authors: Schauer Frederick
Published: November 2021

This chapter starts out with Bentham’s antinomian thesis that rejected the very idea of setting up rules for selecting and evaluating evidence. Bentham believed that factfinding should be governed by epistemically good reasons as a process unconstrained by artificial legal rules. The author observes that most legal systems took up this approach by softening the hard edges of rules (as in common law jurisdictions) and by following the basically free-proof model of factfinding (as in countries that adopted the continental European approach). Yet, he claims that the law of evidence still remains substantially an affair of rules. Why this is the case and whether it should be the case, is the subject of this chapter.
Excluding Evidence for Integrity’s Sake
Authors: Holroyd Jules , Picinali Federico
Published: November 2021

In recent years, the concept of “integrity” has been frequently discussed by scholars, and deployed by courts, in the domain of criminal procedure. In this chapter, the authors are concerned with how the concept has been employed in relation to the problem of the admissibility of evidence obtained improperly. In conceptualizing and addressing this problem, the advocates of integrity rely on it as a standard of conduct for the criminal justice authorities and as a necessary condition for the state authority to condemn and punish. The authors raise a series of challenges that need answering before integrity can perform these roles. Their aim is not to show that integrity is useless in normative theorizing about the admissibility of evidence, and about the criminal process in general. Rather, it is to give guidance for the elaboration of a theory of integrity that is cogent, coherent, and has useful implications for the process of proof.
Weight of Evidence
Authors: Nance Dale A.
Published: November 2021

This chapter analyzes and operationalizes a concept of “weight” as denoting the relative degree to which evidence has been developed on the basis of which to determine disputed claims. This concept was coined by John Maynard Keynes and later applied in the context of judicial proof by a number of scholars. The author distinguishes weight from the degree to which evidence favors one side over the other, and then assays the different ways this concept of weight can be operationalized. He identifies the strengths and weaknesses of various theories, and advocates a conception of weight that emphasizes its connection to fundamental policy choices about the importance of accuracy in litigation and, perhaps, the allocation of the risk of error. He argues that a common failure to appreciate the differences between ordinary decision-making under uncertainty and formal adjudication is responsible for confusion about the role of weight in the latter.
Bayesianism: Objections and Rebuttals
Authors: Fenton Norman , Lagnado David
Published: November 2021

While the laws of probability are rarely disputed, the question of how we should interpret probability judgments is less straightforward. Broadly, there are two ways to conceive of probability—either as an objective feature of the world, or as a subjective measure of our uncertainty. Both notions have their place in science, but it is the latter subjective notion (the Bayesian approach) that is crucial in legal reasoning. This chapter explains the advantages of using Bayesian networks in adjudicative factfinding. It addresses a number of common objections to the Bayesian approach, such as “There is no such thing as a probability of a single specified event”; “The Bayesian approach only works with statistical evidence”; “The Bayesian approach is too difficult for legal factfinders to comprehend”; and “A Bayesian network can never capture the full complexity of a legal case.” Fenton and Lagnado offer rebuttals to each of these objections.
Race, Evidence, and Epistemic Injustice
Authors: Rose Jasmine B. Gonzales
Published: November 2021

This chapter starts off with a definition of “racist evidence” that includes: (1) evidence that suggests one racial group is inferior to or superior to another racial group in any way, (2) products of structural racism, (3) racially disparate evidentiary burdens in proving one’s racialized reality, and (4) the ways that racism distorts observation, perception and—accordingly—belief, which is then utilized as a basis of proof in legal proceedings.” Based on this definition, the chapter identifies and analyzes the epistemic problems posed by racialized factfinding and relates them to the broader notion of cultural cognition. This discussion focuses on the epistemic failings of “racial character evidence” and the unequal evidentiary treatment of white—as opposed to Black and Brown—“racialized reality evidence,” especially on matters of structural racism and race relations with law enforcement. While white racialized reality evidence receives “implicit judicial notice” and is fast-tracked to the jury box, the racialized reality evidence of Black and Brown people is subject to the full rigors of evidentiary scrutiny and often times suppressed. This system results in apervasive type of epistemic injustice.
Cities and Their Churches
Authors: Keser Kayaalp Elif
Published: November 2021

This chapter is about the churches in the cities of the region. In the introduction to the chapter, some common features of these cities are pointed out. The cities of Nisibis, Edessa, Amida, Dara, Constantia, and Martyropolis are dealt with under separate headings, while Batnae and Carrhae, for which we do not have much evidence, are discussed in the introduction to the chapter. Not much church architecture has remained in the cities. Yet, what has survived and what has been recorded in the past lets us see a wide variety of plan types (basilicas, variations of domed basilicas, an aisled-tetraconch, and an octagon), a distinctive architectural sculpture that is mostly classical in character, and strong imperial patronage. After each city, the churches and monasteries in the hinterland of these cities are discussed. Some rural areas, such as the Tektek Mountains, the region around Derik, and Kale-i Zerzevan near Amida, stand out for their surviving remains.
Appearance in Reality
Authors: Heil John
Published: November 2021

Appearance in Reality addresses topics in fundamental metaphysics, extending positions developed in From and Ontological Point of View (2003) and The Universe as We Find It (2012). This is not simply ‘Part III’ of a three-part project, however. The book takes what readers familiar with those earlier volumes would likely regard as a surprising turn, finding common ground between divergent ‘Aristotelian’ and ‘Humean’ cosmologies in Spinoza. The book includes considerable new and newly framed material on essences, universals, relations, emergence, hylomorphism, modality, conscious experiences, free will, and related topics. A substance–property ontology is proposed, one in which properties are not universals, but modes, particular modifications of particular substances. The ontology is meant to be consistent with both atomistic and non-atomistic cosmologies, or with whatever cosmology physics eventually settles on. One of the book’s unifying themes concerns the problem of reconciling what Wilfrid Sellars called the manifest and scientific images. The aim is to understand how the appearances comport with our best guess as to the nature of reality. The question of the relation of appearance to reality has always been central to metaphysics, but it is one faced by any reflective agent. Its unavoidability drives metaphysics. Far from being an idle pastime, metaphysics is not optional.
Ontological Categories
Authors: Heil John
Published: November 2021

The chapter advances a preliminary account of categories of what there is. We find ourselves surrounded by objects that interact in various ways. Refining this idea points to three seemingly indispensable categories: substance, property, relation. Properties are ways particular substances are. Substance and property are correlative categories: every substance must be some way or other and every way must be a way some substance is. The possibility that relations are ‘founded’ is introduced and explicated by reference to truthmaking: truthmakers for relational truths could turn out to be nonrelational features of the universe. In the same vein, truthmakers for truths invoking traditionally important categories including universal, attribute, and modality might be fully particular propertied substances.
Qualities Unbound
Authors: Heil John
Published: November 2021

Physics explains why things do what they do by identifying their powers, abstracting from things’ qualitative natures. The silence of physics on the qualitative nature of things does not mean that physics eschews qualities thereby marginalizing qualities of conscious experiences along with all the rest. Accepting that properties, including the properties of quarks and leptons, are empowering qualities opens the way to the possibility of understanding of how conscious experiences might comport with the universe as characterized by physics. The distinctively private, subjective character of conscious experiences—and the ‘first-’ versus ‘third-person perspectives’—are taken to be expressions of the difference between an agent’s being in a given state and someone’s observing the agent’s being in that state.
Sleepless in COVID-19: racial disparities during the pandemic as a consequence of structural inequity
Authors: Cheng Philip , Casement Melynda D , Cuellar Ruby , Johnson Dayna A , Kalmbach David , Cuamatzi Castelan Andrea , Drake Christopher L
Published: November 2021

Study Objectives

Insomnia has been on the rise during the 2019 coronavirus disease (COVID-19) pandemic, which may disproportionately affect racial minorities. This study characterized racial disparities in insomnia during the pandemic and evaluated mechanisms for such disparities.

Methods

Participants included 196 adults (48 Black) from a 2016–2017 clinical trial of insomnia treatment who were reevaluated in April 2020. Race was evaluated as a predictor of change in insomnia, impact of COVID-19, and COVID-19 stress. Mediation models using the PRODCLIN method evaluated the extent to which: (1) COVID-19 impact accounted for Black-White disparities in change in insomnia, and (2) COVID-19 stress accounted for associations between discrimination and change in insomnia.

Results

Increases in insomnia symptoms during COVID-19 were greater in Black compared to White participants, with 4.3 times the odds of severe insomnia (Insomnia Severity Index ≥ 22). Symptom severity was associated with pre-pandemic experiences of discrimination. Black participants were also disproportionately impacted by COVID-19, with twice the odds of irreparable loss of income/employment and four times the rate of COVID-19 diagnoses in their sociofamilial network compared to White participants. The disproportionate impact of COVID-19 accounted for 69.2% of the relationship between race and change in insomnia severity, and COVID-19 related stress accounted for 66.5% of the relationship between prior history of racial discrimination and change in insomnia severity.

Conclusions

Black-White disparities in insomnia severity during COVID-19 may be driven by structural inequities resulting in the disproportionate impact of COVID-19 on Black Americans. Results lend support for the minority stress model in the context of sleep health.

Clinical Trial Registration

Sleep to Prevent Evolving Affecting Disorders (SPREAD). NCT number: NCT02988375. https://clinicaltrials.gov/ct2/show/NCT02988375.
Effects of nitrogen addition and increased precipitation on xylem growth ofQuercus acutissimaCaruth. in central China
Authors: Yu Biyun , Rossi Sergio , Liang Hanxue , Guo Xiali , Ma Qianqian , Zhang Shaokang , Kang Jian , Zhao Ping , Zhang Wei , Ju Yuxi , Huang Jian-Guo
Published: November 2021

Atmospheric nitrogen (N) deposition and increasing precipitation affect carbon sequestration in terrestrial ecosystems, but how these two concurrent global change variables affect xylem growth in trees (i.e., independently or interactively) remains unclear. We conducted novel experiments in central China to monitor the xylem growth in a dominant species (Quercus acutissima Caruth.) in response to N addition (CN), supplemental precipitation (CW) or both treatments (CNW), compared with untreated controls (C). Measurements were made at weekly intervals during 2014–15. We found that supplemental precipitation significantly enhanced xylem growth in the dry spring of 2015, indicating a time-varying effect of increased precipitation on intra-annual xylem growth. Elevated N had no significant effect on xylem increment, xylem growth rate, and lumen diameters and potential hydraulic conductivity (Ks) of earlywood vessels, but Ks with elevated N was significantly negatively related to xylem increment. The combination of additional N and supplemental precipitation suppressed the positive effect of supplemental precipitation on xylem increment in the dry spring of 2015. These findings indicated that xylem width was more responsive to supplemental precipitation than to increasing N in a dry early growing season; the positive effect of supplemental precipitation on xylem growth could be offset by elevated N resources. The negative interactive effect of N addition and supplemental precipitation also suggested that increasing N deposition and precipitation in the future might potentially affect carbon sequestration of Q. acutissima during the early growing season in central China. The effects of N addition and supplemental precipitation on tree growth are complex and might vary depending on the growth period and local climatic conditions. Therefore, future models of tree growth need to consider multiple-time scales and local climatic conditions when simulating and projecting global change.