bluuebunny/crossref_metadata_2025 huggingface dataset:
Mythological Burlesque and Satire in Greek Epigram—A Case Study
Authors: Maria Kanellou
Published: June 2019

Chapter 15 acts as a connecting link between the last two parts, since, by taking as its case study Zeus’ love affair with Danae, it investigates the diachronic usage, in epigrams, of mythological burlesque for mockery turned against human and divine targets. After exploring the use of burlesque in mythological comedies that lampooned Zeus’ affair with Danae, the chapter turns to examine the adaptation of the myth and the refiguration of relevant techniques and motifs in the work of the epigrammatists. The analysis of selected poems reveals the skoptic dimension of epigrams categorized as erotic. The chapter finds that no hermeneutically sealed boundaries existed between the two subgenres.
Epigrams on the Persian Wars
Authors: Giommoni Federica
Published: June 2019

This chapter explores the use of literary epigrams as a vehicle for promoting a victorious image of emperors and for spreading political ideologies through the use of traditional symbols of Greek supremacy and victory over the Persians. The chapter argues that Hellenistic epigrams recall the victories of Alexander the Great against the Persians in order to cast the same light on the Ptolemies, while in Agathias’ Cycle legendary episodes concerning the Battle of Marathon and its heroes construct a triumphant image of Justinian against the Sassanians and contribute to his representation as the ultimate heir of the celebrated Greek past.
Art, Nature, Power
Authors: Smith Steven D.
Published: June 2019

This final chapter demonstrates the importance of contextualizing epigrams into the sociohistorical circumstances of their era if we want to achieve a deeper comprehension of the transformations that various motifs undergo through space and time. The chapter analyses a cluster of epigrams on imperial gardens that date from the first to the seventh century CE, and shows how these poems reflect diverse views about imperial power, aesthetics, pagan culture, and Christianity. The chapter discusses first an epigram from the Neronian era, then moves forward to late antiquity to consider a sequence of garden epigrams from the age of the Emperor Justinian (sixth century CE). The chapter concludes with an explicitly Christian garden epigram from the reign of the Emperor Heraclius (seventh century CE).
Membership and Governance
Authors: Obydenkova Anastassia V. , Libman Alexander
Published: June 2019

This chapter quantitatively tests the theoretical framework outlined above using a novel dataset containing detailed information on fifty-four regional organizations. In particular, the chapter looks into two aspects of NDROs compared to DROs: membership composition and governance. This chapter reports the results of a large-N analysis of a world-wide sample of regional organizations. It presents evidence on the heterogeneity of their membership and their governance structure. We show that NDROs are substantially more heterogeneous by including countries with different political regimes and income levels (as well as, in line with some evidence, culture and religion). We also show the predominance of person-based decision-making mechanisms involving the highest leadership in the NDROs rather than of supranational bureaucracies. Both features are linked to the characteristics of modern autocracies.
Political Regionalism
Authors: Obydenkova Anastassia V. , Libman Alexander
Published: June 2019

This chapter is the first to study a particular Eurasian regional organization. It looks at the Commonwealth of Independent States (CIS)—the oldest regional organization in Eurasia set up in 1991. It discusses its membership and governance, official and unofficial goals (and how they fit the theoretical predictions of the book). More importantly, it analyzes a specific mechanism used by the CIS to support authoritarian consolidation: electoral monitoring by the CIS Mission of Observers and several related organizations, such as the NGO CIS-EMO. The chapter describes how electoral monitoring became a tool of authoritarian consolidation, which features of electoral monitoring the CIS displays, and how it affects the development of the authoritarian regimes in the region.
Love, Honour, and Jealousy
Authors: Cullen Niamh
Published: June 2019

This book investigates how the intimate lives of Italians were transformed during the post-war ‘economic miracle’ of the 1950s and 1960s, during which millions of Italians migrated to the cities, leaving behind rural ways of life and transforming how people thought about love, marriage, gender, and family. At the core of this book lies the investigation of almost 150 unpublished diaries and memoirs written by ordinary men and women who were growing up and coming of age during these years. The book weaves these personal stories together with the Italian popular culture of the time, which was saturated with both new and old ideas of romance. Films and magazines encouraged young Italians to put romantic love and individual desire over family, contributing to changing expectations about marriage, and sometimes tensions within families. At the same time popular love stories were frequently laced with jealousy, hinting at the darker emotions that were linked, in many minds, to love. Through its exploration of courtship, marriage, honour crime, forced marriage, jealousy, and marriage breakdown, this book traces the ways in which the lives both of individuals and of the nation itself were shaped by changing understandings of romantic love and its darker companions, honour and jealousy.
‘Who to Choose?’ Finding a Suitable Marriage Partner
Authors: Cullen Niamh
Published: June 2019

This chapter explores how young Italians met and chose their marriage partners, drawing primarily on the evidence from diaries and memoirs. One of the key themes of this chapter is how and why men and women remembered courtship, love, and marriage differently. Men tended to describe strong, open, and definite feelings of love in courtship, while women were much more likely to recount doubt, hesitation, ambivalence, or indifference. Reaching adulthood in post-war Italy had very different meanings for men and women, with men typically leaving home for military service and migration while women were more likely to remain with their families until their wedding. Love, marriage, home, and family thus had different meanings in their lives. While arranged marriages were becoming less common in these decades, the strong role played by family in courtship meant that it was often difficult to distinguish an arranged marriage from one that was not. With the rise of mass culture, men and women also began to measure their own experiences against romantic ideals, often to see them falling short. Experience of illness and disability marked many courtships, especially in the late 1940s and early 1950s, when malaria, tuberculosis, and pneumonia were common. In some cases this proved to be a barrier to marriage, although attitudes were beginning to change in the late 1950s. Class was also crucial in determining suitability, although it was family that was the ultimate arbiter.
Where Violence and Love Meet: Honour and Italian Society
Authors: Cullen Niamh
Published: June 2019

This chapter is an exploration of southern customs of love, courtship, and marriage. The notion of honour, strong in the southern regions and particularly Sicily and Calabria at least up to the late 1960s, strongly shaped courtship and marriage. Since family honour was measured by the sexual purity of unmarried daughters, young women’s lives were often tightly controlled. Honour crime, elopement, and kidnap marriage were the outward and most extreme signs of these customs and attitudes. The second part of chapter moves away from the diary and memoirs because of the difficulty in finding sources that both write openly about such experiences, and are willing to be published. Film was a medium that was increasingly used to draw attention to such customs, although crime reportage and the courtroom and are the real arena of this chapter. The well-known but seldom explored case of Franca Viola forms the core of the chapter’s second part. Kidnapped in 1965 with the aim of forcing her into marriage, Franca Viola was the first Sicilian woman to refuse to marry her kidnapper and by implication to have him prosecuted. The trial of Filippo Melodia and his accomplices in 1966 saw competing definitions of love and honour on trial in the Sicilian courtroom, each connected to different ideas of what it meant to be Italian, Sicilian, and modern. Although the trial was a great public victory for Sicilian women, with Melodia found guilty and sentenced to prison, a closer look at the sources suggests that, in private, attitudes were slower to change.
‘Love Means Jealousy’: A Jealousy Epidemic in Post-war Italy?
Authors: Cullen Niamh
Published: June 2019

This chapter explores how the behaviour and attitudes associated with honour were made more acceptable in the late twentieth century by being repackaged in the emotional language of jealousy, as couples increasingly married for love rather than family reasons. When we widen the lens to look for jealousy rather than honour, we see that in contrast to the media picture, the masculine controlling behaviour associated with jealousy and honour was widespread everywhere in Italy and not just in the south. Indeed, when we turn to the mass media—magazines and film in particular—we get the impression of what might be termed a jealousy epidemic in Italy. This chapter uses a diverse range of sources—from film, magazines, and crime reportage to diaries and memoirs—to trace how people thought about jealousy and how they experienced it in these years. We will see how it was often represented as illness or madness and could also be experienced as such. Indeed, much more than love, jealousy was likely to be described as an intense bodily experience. It was also something that many Italians were keen to distance themselves from and to combat, whether in society at large or in themselves.
Conclusion: Individuals, Families, and Nation
Authors: Cullen Niamh
Published: June 2019

At the heart of the book are intimate experiences and ordinary lives. The evidence amassed, especially in Chapters 3–5, also tells us a little and perhaps even a lot about how Italians were coming to view themselves as a nation. By the 1960s, Italy had cast off the shadow of fascism and begun to project itself as a self-confident, modern country. This concluding chapter offers some thoughts on how love, honour, and jealousy were not just personal experiences but part of the national stories that Italians told about themselves, in an effort to forge a modern identity to suit the new Italy of the economic miracle.
Introduction
Authors: Cullen Niamh
Published: June 2019

The introduction sets out the context of post-1945 Italian society and the impact of the economic miracle of the late 1950s and 1960s on the lives of ordinary Italians. Since the book is based on the examination of almost 150 unpublished diaries and memoirs of ordinary Italians, there is a discussion of these sources and how they are used in the book. Emotions are also central to the argument of the book and the introduction sets the book’s approach to love, honour and jealousy firmly within the history of the emotions.
The Migration Crisis and the European Union Border Regime
Authors: Ryan Bernard
Published: June 2019

This chapter is concerned with the various ways in which the migration crisis since the Arab Spring of 2011 has reshaped the reach of the EU border control regime. Within the EU framework, Frontex has acquired a greater role, while Schengen states have new powers to reintroduce internal border controls. In the external sphere, the EU now cooperates with a broader range of third states—Libya and Turkey most prominently—while developing more extensive forms of cooperation with them. The chapter will argue that this pattern—incremental internal changes and hyperactivity in the external sphere—is a product of intergovernmental constraints upon EU policy in a core area of member state sovereignty. The avoidance by EU Member States of legal responsibility for asylum applicants and other migrants is a further reason for the preference for externalization.
An Audit of Violence after 1966
Authors: O’Leary Brendan
Published: June 2019

This chapter provides a systematic and partly comparative survey of the scale of political violence in Northern Ireland 1966–2006, with some additional materials related to the broader costs of the conflict. Graphs and charts depict primary patterns of violence, victims of violence, agents held responsible for violence, the human and economic costs, and disputes over culpabilities and consequences. In specific locales the conflict was deeply intense, in others few suffered—explanations are provided for this spatial variation. Inaccurate accounts of the patterns of violence are corrected. The damage done to UK and Irish democracy and constitutionalism are assessed. The benefits that have accrued since a largely successful peace process came to fruition are also highlighted.
Wild and Bitter Fruits and Royal Pains
Authors: O’Leary Brendan
Published: June 2019

This chapter portrays the formation of early modern Ireland through to the formation and defeat of the United Irishmen. The conquest, and three subsequent reconquests, of Ulster and Ireland over two centuries, and their legacies, are traced. The reactive fusion of the Gaelic Irish and the Old English in the first manifestations of modern Irish nationalism are treated. The plantation of Ulster, the Ulster Rising of 1641, the War of the Three Kingdoms, and the Cromwellian conquest and its legacies are surveyed in turn, before a comparative portrayal of the penal laws and the impacts of the American and French revolutions are introduced. The costs of the failure of the United Irishmen are assessed.
“ ’Twas better to die ’neath an Irish Sky, than at Suvla, or Sud-el-Bar”
Authors: O’Leary Brendan
Published: June 2019

This chapter demonstrates the significance of the First World War in the partial successes of Irish republicanism and Ulster unionism. The run-up to the 1916 Rising was preceded by significant evidence of declining support for Redmond’s Irish Parliamentary Party. The 1916 Rising, British wartime policy, and the elections of 1918 are examined to demonstrate the weakening of British authority in Ireland. The Rising itself was more rational and less romantic than it is typically portrayed. The British decision to ignore the election outcomes in Ireland at the end of the First World War led militant republicans to return to armed combat, conducting a guerrilla war of independence. The partition of Ireland and the war of independence are surveyed before a puzzle is addressed: why did the English prove incapable of federalizing their dominions and their dependencies in the Isles? The development of Irish nationalism and Ulster unionism are examined in their comparative European context. The UVF’s significance is emphasized in blocking Ireland’s comprehensive secession and in the formation of Northern Ireland.
Policy Reforms in South Asia
Authors: Rana Pradumna B. , Chia Wai-Mun
Published: June 2019

This chapter focuses on issues related to designing and sequencing policies and argues that South Asian countries have completed the easy part of the reform exercise and plucked the ‘low-hanging’ fruits. They now need to focus on implementing sectoral reforms and the ‘second generation’ reforms, mainly governance and institutional reforms which are designed to improve the operation of markets, enhance competition, and improve economic efficiency and competitiveness. These include reforms of institutions for good governance, reforms of institutions to create human capital—education and health, and the environment for private sector—flexible labour markets, legal reforms, and property rights. As we have already witnessed, implementation of these reforms will pose significant challenges for South Asian countries as it requires a strong political consensus. Yet, without these reforms, high growth rates of the recent past will be difficult to attain. The chapter also identifies the unfinished policy reform agenda for South Asian countries.
ICT Development and Digital Divide between South Asia and East Asia
Authors: Rana Pradumna B. , Chia Wai-Mun
Published: June 2019

Linking production hubs in various countries within the region and globally requires efficient service links including well developed ICT so that the production hubs can be managed efficiently. This chapter focuses on the ‘digital divide’ between SA and EA using various indicators of ICT development and recommends policies and actions required to close the gaps and link the two regions. These policies are grouped as national, regional, and Pan-Asian.
Monetary Integration in ASEAN+3
Authors: Rana Pradumna B. , Chia Wai-Mun
Published: June 2019

One of the key recommendations of Chapter 3 is that India (and subsequently other South Asian countries as appropriate) should be invited to participate in the monetary integration efforts in East Asia (ASEAN+3) and that this would help enhance Asia’s voice in the G20. These include the possible participation of India in the ASEAN+3 Economic Review and Policy Dialogue and the Chiang Mai Initiative Multilateralization. The survey of stakeholders in Chapter 5 supported this recommendation. A similar survey whose results are presented in Chapter 7 finds that the introduction of a regional monetary unit (RMU) or regional currency basket could also facilitate regional surveillance in East Asia and facilitate macroeconomic policy coordination in the region.
Legal Cultures in Comparative Perspective
Authors: Kotzur Markus
Published: June 2019

This chapter uses three different but interdependent frames of references in order to develop or discover universal legal standards. These are: religious cultures; a culture of solidarity; and cosmopolitan citizenship. It does so in the light of cultural context and with the intention to draw attention to describing real-world phenomena and mapping the global legal landscape. The chapter further suggests that comparison can help both in universalizing legal standards and in providing a rationale for universalizing the legal standards.
Constitutionalism
Authors: Ghai Yash
Published: June 2019

Elaborating the concept of constitutionalism by the early western scholars in terms of putting restraints on the powers of the state to ensure maximum liberty to the individual to pursue his/her goals, this chapter discusses this concept with reference to the writings of primarily three African scholars, who in the context of African societies have tried to establish that the western concept is not entirely suitable to the developing societies like Africa where the state is not only to be subjected to constitutional restraints, but is also required to take affirmative steps in order to remove the existing inequalities in the society to ensure protection of liberties of each and every individual.
Comparing Fundamental Social Rights in the European and the Indian Union
Authors: Luther Jörg
Published: June 2019

This chapter offers a comparative study of social rights in the European and Indian Union. After making an attempt to outline the concept of social rights in Europe that could be compared with the Indian case, the chapter looks at the state of social rights within the European Union, specially the European Social Model and the ways of Europeanization of social policies and their interaction with changing European welfare state systems. It then compares the European Social Charter with the SAARC Social Charter and explores the further opportunities of social rights protection. The chapter suggests that both the regions have something to learn from each other with regard to protection of social rights.
Direct Complaints of Individuals against Legal Acts Adopted by the European Union
Authors: Cremer Wolfram
Published: June 2019

This chapter states that, as opposed to most states, legal systems of different states of the European Union do not regulate the possibility of filing a constitutional complaint or a fundamental rights complaint against the European Union’s sovereign acts. However, individual complaints directly against the European Union’s sovereign acts are regulated in Article 263 para 4 of the Lisbon Treaty, and is complex as well as difficult to comprehend. According to this, a person’s standing especially requires an act to be of ‘direct and individual’ concern to him. Merely the prerequisites for taking legal actions against a ‘regulatory act’ are diminished since the Treaty of Lisbon came into force in 2009. The multifaceted jurisprudence of the union’s jurisdiction regarding this chapter is unfolded, systematized, and evaluated in this contribution.
Public Governance and Decentralization of Powers
Authors: Singhvi L.M.
Published: June 2019

This chapter presents Dr Singhvi’s views on public governance and decentralization wherein the learned author has appreciated the role of Panchayati Raj institutions to strengthen the democratic fabric in the country. He has followed Gandhiji’s line of Gram Swaraj in his thoughts. He was a great supporter of decentralization of powers. Dr Singhvi’s opportunity for a renewed demarche on decentralization and Panchayati Raj came when Shri Rajiv Gandhi became the prime minister. He wrote to him to suggest that he should concentrate on nation-building through institution-building and that he should take a bold initiative to revive and revitalize Panchayati Raj which had fallen by the wayside and was in the process of decay and disintegration. Shri Rajiv Gandhi listened to him with rapt attention. He was receptive and was exceptionally quick on the uptake. He said he would like him to head a Committee and prepare a Concept Paper.
President versus Prime Minister
Authors: Singhvi L.M.
Published: June 2019

This chapter presented Dr Singhvi’s views on constitutional relationship between the president of India and the prime minister. He argues that the president of India is a constitutional head of the Union Government who is obliged to act on the aid and advice of the council of ministers headed by the prime minister while exercising his constitutional powers and functions mandated under Article 74(1) of the Constitution. He states that the President of India cannot ignore the advice of the elected government in the decision-making process in the union government.
The Crisis and the Promise of Democratic Governance in India
Authors: Singhvi L.M.
Published: June 2019

This chapter is based on different aspects of working of the public governance system in India as well as certain measures to improve the quality of the democratic governance system in the country. Good governance is a constitutional right of the people of India, states Dr Singhvi in his oration. Dr Singhvi was a great advocate of good governance and decentralization. He believed that small states are vehicles of good governance in the country. We have finally opted out of what was derisively called the Hindu rate of growth. We have a vision 2020, a vision of growth and strength, but will our democratic governance deliver on that vision? If our pravasis could do it in other countries why can we in partnership with them and the entrepreneurs around the world do it in India?
The Idea and the Vision of Small States in India
Authors: Singhvi L.M.
Published: June 2019

This chapter highlights Dr Singhvi’s views about small states particularly the state of Uttranchal (now Uttarakhand). He states that the newly formed small states would bring good governance in the country as the elected government would be in a better position to administer the government machinery as per the people’s needs. There is no doubt that the idea of smaller states represents a sensitive response to the issue of cultural, linguistic, and developmental identities. A small state can relate and respond to the people and their demands more effectively. The size of a state is obviously an important factor in the efficiency of administration and in the redress of public grievances.
Past, Present, and Future of Africa
Authors: Singhvi L.M.
Published: June 2019

Chapter 6 is based on Dr Singhvi’s views about the contribution of African continent to the global community particularly the Indo-Africa relations. He says that India and Indians are proud of the role they played as indentured labour in the economic development of Africa, in the decolonization of Africa and in the freedom struggles of the people of Africa in different countries. Under the leadership of Mahatma Gandhi and Pandit Jawaharlal Nehru, India and Indians everywhere struggled not only for their own freedom but for the freedom of all people everywhere under the colonial yoke, states Dr Singhvi.
Challenges to Indian Professionals in the United Kingdom
Authors: Singhvi L.M.
Published: June 2019

Dr Singhvi’s views about Indian professionals working in the United Kingdom are mentioned in this chapter. He argues that United Kingdom provides many challenging tasks for Indian professionals. He sees a better future for Indian professionals working in the United Kingdom keeping in view the historical connection between the two countries.
Global Dialogue
Authors: Singhvi L.M.
Published: June 2019

Dr Singhvi’s views about global dialogue have been presented. Global dialogue is a must for a healthy and viable global democratic order, argues Dr Singhvi. He argues that dialogue of civilizations and cultures is the alternative to alienation and clash of civilizations and cultures. Alienation and clash are not inevitable or inexorable; they are certainly preventable. The haunting spectre of alienation and clash and of war and violence can be exorcised by a meaningful and sustained dialogue based on responsive reciprocity. A true dialogue promises to take us to a measured and holistic response to the challenges which humanity faces today, Dr Singhvi states in his oration on global dialogue.
The Pope is Dead
Authors: Singhvi L.M.
Published: June 2019

Dr Singhvi’s tribute to the Pope, the spiritual head of Catholic Christians is reproduced in this chapter. He states that as the high priest of orthodoxy and tradition in the Christendom, the voice of the Pope is regarded as the most authentic voice of the Christian world on ecclesiastical as well as temporal issues of moral social and diplomatic significance, although there are many Christian denomination who do not acknowledge him as their shepherd and who do not belong to his flock.
Conference on Sustainable Development
Authors: Singhvi L.M.
Published: June 2019

Dr Singhvi’s views on sustainable development are presented. Dr Singhvi was always concerned for environmental protection. Sustainable development is necessary for preserving the future generations. He states that sustainable development has to strike a balance between environmental costs and industrial benefits, between the long term and the short term and between the global and the local. Making sustainable development is an international responsibility that needs to be taken care of by all those who want to make this earth peaceful and prosperous.
Statement at the Regional Meeting for Asia for the World Conference on Human Rights
Authors: Singhvi L.M.
Published: June 2019

Dr Singhvi argues that Asia has shared cultural heritage going back to many centuries and rooted in basic human values which should inspire a passionate striving for peace and a compassionate commitment to human rights and human obligations. These values have a profound contemporary relevance and they have a significant and enduring contribution to make in advancing the cause of human dignity and happiness everywhere and in building a new world order. The Asian human rights perspective must reflect the universality of human rights norms as well as the particular perceptions and aspirations of Asia which is home to more than half the population of the world, states Dr Singhvi.
Freedom and Creativity
Authors: Singhvi L.M.
Published: June 2019

Chapter 19 presents Dr Singhvi’s thoughts on rights and duties of authors in the light of freedom of speech and expression available to them. He says that authors’ solidarity may often seem precarious and amorphous because they prefer for themselves the crucible of creativity to the bargaining counter in the market place. The postulates of their solitarily, though fundamental and enduring, are general and abstract, because their prepossessing creativity fosters among them an unrepentant and incorrigible individualism which is naturally hostile to the idea of belonging to a herd. The more successful and influential among authors are often somewhat indifferent to the assertion of the social and economic rights.
The World Conference of Jains
Authors: Singhvi L.M.
Published: June 2019

Jainism is quintessentially a world religion, not because it has the strength of numbers in the form of a massive worldwide following but because its core philosophy transcends all ethnic, ritual, and national frontiers and articulates the rational, compassionate, global, and humanitarian ethos of our times. In that sense, as per Dr Singhvi, it is a tradition which is as old as the earliest primordial reflections in the history of human civilization and is at the same time as new as the perennial tomorrow and the day-after-tomorrow.
Krishna Menon Memorial Meeting
Authors: Singhvi L.M.
Published: June 2019

In Chapter 25, we have presented Dr Singhvi’s tribute to Shri Krishna Menon. In his tribute Dr Singhvi admired Krishna Menon’s contribution for the country in different capacities including the defence minister. He states that Shri Menon was a great patriot and a freedom fighter to the core.
When Rights Embrace Responsibilities
Authors: Sajeva Giulia
Published: June 2019

The conservation of environment and the protection of human rights are two of the most compelling needs of our time. Unfortunately, they are not always easy to combine and too often result in mutual harm. This book analyses the idea of biocultural rights as a proposal for harmonizing the needs of environmental and human rights. These rights, considered as a basket of group rights, are those deemed necessary to protect the stewardship role that certain indigenous peoples and local communities have played towards the environment. With a view to understanding the value and merits, as well as the threats that biocultural rights entail, the book critically assesses their foundations, content, and implications, and develops new perspectives and ideas concerning their potential applicability for promoting the socio-economic interests of indigenous people and local communities. It further explores the controversial relationship of interdependence and conflict between conservation of environment and protection of human rights.
Of Rights and Responsibilities
Authors: Sajeva Giulia
Published: June 2019

Chapter 4 analyses the idea of biocultural rights, starting off by quoting the words of Sanjay Kabir Bavikatte. The chapter explores some cases (in Kenya, India, and New Zealand) which may be interpreted from a biocultural rights perspectives, and looks at biocultural rights’ justifications and holders, and at the set of rights necessary to maintain environmental stewardship roles. Departing from the claim that the foundations of biocultural rights are two concurring ones, exploring biocultural rights’ ancestors—Darrel Posey’s Traditional Resource Rights—and dismissing the noble savage myth, biocultural rights are analysed to fully understand what they are and what they are not. The foundations of biocultural rights are then explored in detail, focusing on the problems arising from the fact that biocultural rights, besides conferring rights to their holders, also seem to confer a set of environmental duties.
Of Big Black Bucks and Golden-Haired Little Girls
Authors: Driver Justin
Published: June 2019

This chapter explores how fears and stigma surrounding interracial sex (particularly between black males and white females) rest at the very heart of opposition to Brown v. Board of Education, the United States Supreme Court’s 1954 decision that invalidated racially segregated schools. It is striking that this dimension of Brown—the most celebrated and studied Supreme Court opinion of the twentieth century, and perhaps ever—forms a severely underappreciated part of its legacy. By recovering the anti-miscegenation sentiment that engulfed school desegregation discussions, I hope to demonstrate how an aversion to discussing sexuality prevents fully understanding both Brown and its resistance.
Regulating Retirement and Wrinkles in an Age of Prejudice
Authors: Levmore Saul
Published: June 2019

This paper reveals a tension, or interesting comparison, between age discrimination law as it affects retirement ages and the pattern of anti-aging cosmetic surgery. Age discrimination law in several countries, including the United States, bans employment contracts that specify a retirement age. Although this is normally described as an improvement in the status of ageing person, I argue that it has disadvantageous though unintended consequences. This is especially so because pension plans that encouraged early retirement have become costly and almost obsolete. Nevertheless, for a variety of public choice (political economy) reasons, legal reform is unlikely. Meanwhile, various cosmetic surgeries have soared in popularity, and some of these disadvantage and likely stigmatize older people who cannot afford to keep up with their peers who strive to look younger. After theorizing about trends in anti-ageing procedures, the discussion suggests that the law’s intervention in the case of retirement policy, and non-intervention in the case of cosmetic surgery, may both be ill-advised on grounds of stigma, autonomy, and social welfare.
Disgust or Equality? Sexual Orientation and Indian Law
Authors: Nussbaum Martha C.
Published: June 2019

The landscape of laws regarding sexual orientation and same sex conduct is changing rapidly around the globe. In all of these changes, we can see the operation of a form of stigma and group discrimination that has disgust as a central component—people share an acute discomfort with features of their own body that remind them of their animality and mortality, and then project this disgust onto powerless minorities. Recent legal developments in India are of urgent human significance, but also appear to confirm this account of the operations of disgust in stigma and discrimination. In this chapter, Nussbaum details the historical background to India’s current struggle, showing how the Hindu Right and the legacy of Victorian British puritanism have fostered an ideology of disgust, forgetting the celebration of the body exemplified by Indian poet, philosopher, and choreographer Rabindranath Tagore. Nussbaum then analyses Section 377 of the Indian Penal Code which criminalizes same sex intercourse, as well as the 2009 Naz Foundation case in which the Delhi High Court struck down this law, rejecting the ideology of disgust that it represented. Finally, Nussbaum discusses the recent Indian Supreme Court decision reversing this ruling, as well as some promising Indian legal developments for hijras and rights to privacy.
The Rule of Disgust?
Authors: Redding Jeffrey A.
Published: June 2019

The Supreme Court of India’s 2014 decision in National Legal Services Authority v. Union of India was a complex opinion coming at a complicated time for India’s LGBTQ community. While this opinion spoke to the empowerment of India’s transgender communities, it seemed to neglect India’s sexual minorities. Yet the Supreme Court’s seeming distinction between the welfare of transgendered people in India, and the welfare of sexual minorities, was not the only line-drawing that the Court engaged in with National Legal Services Authority. Indeed, the Court also seemed to draw a sharp distinction between transgendered people and cisgendered women and men, in the process not only cabining transgendered persons as a ‘third gender,’ but also carving off trans activism from feminism. This chapter explores how something like disgust informed this set of legal line-drawing and, moreover, a kind of disgust which is difficult to sift out from other liberal legal practices.
Muslims and the Politics of Discrimination in India
Authors: Hasan Zoya
Published: June 2019

Discrimination has been a central category in understanding inequality and exclusion in most societies. But exclusions vary in their scope and also in the specific socio-political ideologies underlying them. India has been on the whole more aware of discrimination than other countries but this awareness is for the most part restricted to caste based discrimination. It does not extend to recognition of discrimination against other groups, especially religious minorities even though there are significant differences in key outcomes between various social groups differentiated by religion and caste. It is important to recognize that religious identity remains an important axis of discrimination in India and today even more than before. Resentment and prejudice against minorities, particularly Muslims is common in India, as indeed in many developed and developing countries, but we have simply not acknowledged the sheer existence and scale of prejudice and discrimination. Hence, there has been little public debate or empirical analysis to establish the presence of discrimination against Muslims and/or identify its sources. Here’s the crucial point. The exclusion and discrimination of Muslims is not episodic: it is both everyday and institutional. It runs across all sectors and runs so deep that it appears normal to most people who perhaps don’t notice it or are unaware of it. This paper seeks to analyses social discrimination against Muslims and its manifestations. It has two main objectives. The first objective is to examine the concept and relevance of institutional discrimination with regard to the experience of Muslims in India, and to argue that the fight against institutional discrimination involves not only ideological/pedagogical struggle but also practical policy and legal measures to eradicate it. The second objective is to understand to what extent the ideology of majoritarianism has an influence on public institutions by delving deeper into the institutional bias of public policies and institutions. This is examined through two issues: the claims for Scheduled Caste status by Dalit Muslims and the recent decision of the National Human Rights Commission (NHRC) to investigate complaints of Hindu exodus from a town in the north Indian state of Uttar Pradesh. At the theoretical level, the paper examines the viability and implications of excluding religious minorities from the discourse of development and policy making in the context of the buildup of a new axis of majoritarian politics and the wider social and political context in which religion and religious communities have come to dominate public discourse in India, and yet governments disallow any policy that could ameliorate the socio-economic neglect of religious minorities.
The Point of Discrimination Law
Authors: Khaitan Tarunabh
Published: June 2019

In this chapter, I will argue that the primary purpose of discrimination law is to secure to us an aspect of freedom that is essential in order to live a flourishing life. In order to enjoy this freedom, we all need a secured access to a sufficient amount of four basic goods: (a) a set of goods that satisfy our biological needs, (b) negative freedom, (c) an adequate range of valuable opportunities, and (d) an appropriate level of self-respect. Membership of certain types of groups—groups (say women) that suffer substantial, pervasive, and abiding relative disadvantage compared with their cognate groups (in this case, men)—imperils our secured access to the last three of these goods. Discrimination law, in seeking to protect members of such groups by trying to break the nexus between group membership and relative disadvantage, aims to improve our access to the basic goods, and thereby make us more free.
Economic Theories of Discrimination
Authors: McAdams Richard H.
Published: June 2019

This paper examines the relationship between positive and normative economic theories of discrimination, that is, what discrimination is and why law should prohibit it. Prior economic scholarship has modelled discrimination as the result of (a) a taste for non-association; (b) statistically rational generalizations; and (c) group-based status competition. I examine these theories along with the psychological theory of implicit bias and other types of irrational stereotypes. For each positive theory, I explore the normative implications. The taste-based and statistical theories do not match well with antidiscrimination law, though the status theory potentially does.
India's Spatial Imaginations of South Asia
Authors: Chatterjee Shibashis
Published: June 2019

Since India attained independence, its foreign policy discourse has imagined its South Asian neighbourhood through the politics of realism. This imagination explicates state interest in South Asia by establishing it as a space of sovereign territoriality. Even today, India’s foreign and security policies are primarily shaped by geopolitical centrism, and remain unaffected by economic prosperity and community concerns. As a part of the Oxford International Relations in South Asia series, this volume examines alternative conceptions of South Asian space in terms of geo-economics and community, and justifies why they have been unable to replace its dominant understanding, irrespective of the political regime. This volume probes reasons behind the relevance of differentiated cartography of territorial nationalism in our shared understanding of space, politics, society, and the community.
India and the SAARC
Authors: Chatterjee Shibashis
Published: June 2019

This chapter is about how spatial imagination steeped in sovereign territoriality bedeviled local efforts to achieve a viable regional political community in South Asia. I invoke functional, security community, and post-colonial perspectives to interrogate regionalism in South Asia. This chapter shows that despite all South Asian states agreeing upon the virtues of regional cooperation, their underlying expectations are very different, which frustrates regional cooperation among countries. The chapter explains why spatial imagination is cardinal to this failing. It puts in bold relief how India has addressed regionalism in its immediate surroundings and achieved little in the process. The author shows that the civil society has failed to have any impact in reversing this trend. While a few states have found sub-regional cooperation more convenient, the net result has not been very exciting so far given that such sub-regional cooperation is also subject to the familiar geopolitical dynamics unleashed by territoriality. The limited record of collaboration among India, Bangladesh, Myanmar, Nepal, Bhutan, and China in some sub-regional efforts gives an excellent account of this process.
Introduction
Authors: Prabhu K. Seeta , Iyer Sandhya S.
Published: June 2019

This chapter traces the historical context within which the conceptual evolution of the human development and capabilities approach took place. It highlights the fact that the human development paradigm brought back to development a value-based concept that focused on the Aristotelian notion of human flourishing, thereby transcending the narrow interpretation dominated by economic growth. This chapter also compares the human development approach with other people-centric approaches, such as Human Resource Development (HDR), Basic Needs, Human Rights, and Human Security. The human development paradigm assumes renewed relevance for the twenty-first century world that is at the crossroads, plagued by the multidimensional challenges of inequality, environmental degradation, and increased vulnerabilities.
The Concept
Authors: Prabhu K. Seeta , Iyer Sandhya S.
Published: June 2019

This chapter explains in detail the notions of ‘functionings’ and ‘capabilities’. It discusses the multi-layered phenomena of capabilities in the form of as threshold, internal, external, and complex capabilities. It analyses how they provide valuable understanding about the conversion factors that are involved in the translation of resources to capabilities and capabilities into functionings. It critically evaluates the capabilities approach and emphasises the importance of the role of endowments and entitlements as factors influencing and contributing to human flourishing and well-being. The unique feature of the chapter is the presentation of an integrated analytical framework that traces the pathways to human development through equity, sustainability, empowerment, and productivity processes. In addition, the chapter discusses the Human Development Index (HDI) and the challenges relating to its computation.
Deprivation and Distribution
Authors: Prabhu K. Seeta , Iyer Sandhya S.
Published: June 2019

The chapter argues that the analysis of poverty and inequality cannot be conducted in independent silos as they have numerous interconnections. The human development approach requires the adoption of a multidimensional lens to poverty and inequality, as deprivations go beyond income and dimension and encompass non-income aspects such as basic capabilities. It further elaborates that poverty emanates from socio-cultural differentiations and the resultant horizontal and vertical inequalities could cause capability losses. Policies to address such inequalities would need to pay heed to the differing initial conditions and recognize ethnicity, class, women’s agency, and spatial concerns.
Metrics of Justice
Authors: Mehdi Ali
Published: June 2019

This chapter characterizes and critiques the relevant aspects of various metrics of justice put forth by major theories of justice, with a special focus on Amartya Sen’s capability approach. It then goes on to discuss some of the relevant issues pertaining to the measurement of justice within the capability framework. For instance, justice is to be eventually measured at the individual and not the social level, although our choice will be governed by the evaluative purpose. It ends with a conceptual assessment of the capability approach, highlighting some of its challenges.
The Architecture of Survival
Authors: Mehdi Ali
Published: June 2019

A shift of focus from outcomes (child survival) to resources (determinants of child survival) makes the pursuit of justice problematic, given that several aspects of parental (especially maternal) well-being are closely inter-linked with child survival, linking the pursuit of justice for children with a broader pursuit of justice. This chapter begins with a critical analysis of the literature on the structural, intermediate and immediate determinants of child survival as well as their interlinkages and contextual variations. Against this backdrop, available data on access or utilization of determinants at the international, inter-state and inter-group level in India is discussed. This chapter demonstrates that, despite efforts to evolve an international consensus in favor of a simple biomedical intervention (vaccination), the sphere of determinants is empirically, normatively as well as politically problematic.