bluuebunny/crossref_metadata_2025 huggingface dataset:
Counterradicalization in global context
Authors: Logan Sarah
Published: October 2022

This chapter provides a global survey of counterradicalization policies. The chapter begins by examining efforts to develop counterradicalization policies at the multilateral level, especially the UN Counter-Terrorism Implementation Task Force. It shows that in the post 9-11 era agreement between states, especially Muslim minority and Muslim majority states, on counterterrorism definitions and policies is fraught. The chapter continues by examining policies in a broad range of states and drawing out similarities between them. It finds that the primary similarity is an implicit framing of the problem of homegrown extremism as one of political community and a shared commitment to preemptive integration of radicalized and potentially radicalized individuals as a solution.
A suspect community
Authors: Logan Sarah
Published: October 2022

This chapter outlines relevant UK policy responses to the problem of radicalization. Together with Chapter 4, this analysis also creates a timeline of counterradicalization policy in Britain. Beginning with initial responses to the events of 9/11, it traces the development of a range of measures, especially Prevent, through the intense period of policy development following the London bombings of 2005 and the various iterations which followed. The timeline shows that the policies have shifted and developed over time, in response to events. It also shows that certain themes persist throughout: integration as a solution to homegrown extremism, British Muslims as part of a transnational community, and the importance of persuasive over coercive approaches.
Civics, rights, and wrongs
Authors: Logan Sarah
Published: October 2022

This chapter provides a brief history of US CVE and identifies the persistence of ideas about informal political community in these policies, despite the absence of conclusive evidence as to their efficacy. The chapter shows that ideas about a strong informal political community as a valid response to the problem of homegrown extremism appear in much of the thinking behind counterradicalization measures in the United States. These measures consistently frame tightening the borders of informal political community as a response to the problem of radicalization, via an emphasis on community engagement with the agencies of government and on community cohesion against agents of radicalization.
Studying Technological Change and Media Effects
Authors: Dunaway Johanna , Searles Kathleen
Published: October 2022

In order to go beyond the study of how changing media technologies affect exposure and move to the study of how they affect post-exposure information processing, we offer an innovative methodological approach that leverages lab experiments and physiological measures. Notably we use technology that permits the measure of both eye movement, skin conductance levels, and heart rate variability. This approach permits us to test the mechanism that explains patterns of attention and learning on mobile devices, cognitive effort, and measure attention unobtrusively outside of participant awareness. In this chapter we set forth our general approach, as well as offer methodological details for subsequent chapters.
Putting Traffic to the Test
Authors: Dunaway Johanna , Searles Kathleen
Published: October 2022

In this chapter, we use real-world web traffic data from Comscore to show that mobile news website visitors are less likely to spend time reading and engaging with news sites relative to desktop and laptop visitors. This finding suggests that learning from news among mobile visitors to news websites is relatively unlikely to be robust. In addition, these patterns of use offer support for the physical and cognitive access (PCA) framework, which emphasizes that having physical access to information should not guarantee attention and thus, should not be mistaken for exposure. These data also lend support to the results of our laboratory experiments.
Women’s Ageing and Medical Hygiene
Authors: Downham Moore Alison M.
Published: October 2022

From the mid-eighteenth century, doctors of women’s diseases began considering that women were more often ill, and aged faster and more poorly, and were therefore in need of a higher level of both medical surveillance and self-care, captured in the concept of l’hygiène. The hygiene of ageing and life crises became an important pedagogic topic at the Montpellier faculty in the nineteenth century, where it encountered the other interest in women’s diseases blossoming since the late seventeenth century. Montpellier scholars espoused the vitalist idea that bodies could heal themselves through the power of the vital force within, so long as the ‘laws of nature’ were obeyed: eating enough but not too much food—mostly of the fresh kind found in peasant diets—breathing fresh air, drinking clean water, having the correct amount of sleep, exercise, and sexual relations; and, for women, bearing children, and avoiding nervous perturbations to which they were thought more sensitive. Medical theses produced between 1799 and 1840 developed a rich in hygienic discourse, advising urban women to live like peasants to avoid the ravages of menopause. Section Headings: • The Emergence of Ideas about Women’s Ageing and Hygiene: Between Montpellier and Paris • The Need for Hygiene in the Critical Age of the Cessation of Menses • Rural versus Urban Menopause as the Model for the Hygiene of Women’s Ageing • Menopausal Hygiene of Sexual Desire • Conclusion
Fibroids, Hysterectomy, and the Opotherapy-Surgical Technology Nexus
Authors: Downham Moore Alison M.
Published: October 2022

In the second half of the nineteenth century, the new rise of gynaecological surgery produced an important surge of international research and intercultural communication between medical scholars with an interest in women’s ageing reproductive organs. Women in their forties with common benign tumours and cysts were now seen, by some surgeons in both France and England, as important targets for the experimental development of surgeries of the abdomen. In French medicine, the uterus and ovaries had long been viewed as monstrous and troublesome throughout women’s lifespan, from puberty to pregnancy, in menstruation, lactation, and menopause, causing nervous and mental illnesses as well as cancers and other gynaecological pathologies. In young women they were deemed necessary for conception, particularly in the intensifying pronatalist culture of the late nineteenth century and increasing anxieties about negative population growth. In older women, on the other hand, the uterus and ovaries were often described by doctors as shrivelled and useless at best, often perverting, cancerous, or degenerate at worst. French treatments of ovarian opotherapy for the alleviation of symptoms of surgical menopause produced by hysterectomy and oophorectomy were quickly extrapolated to women in natural menopause. This was the origin of current practices of treating older women with hysterectomy and hormone replacement therapy.Section Headings: • The Emergence of Gynaecological Surgery and Artificial Menopause • Jules Péan’s Dangerous Experimental Surgeries and Their Rationales • The Internationalism and Caution of Samuel Pozzi • Ovarian Opotherapy in the Treatment of Surgical and Natural Menopause
Introduction
Authors: Van Den Meerssche Dimitri
Published: October 2022

This opening chapter develops an innovative—relational, material and practice-based—approach to the study of international law’s institutional life. It draws on original interview material to articulate the central puzzle of the book: the dissonance between public law vocabularies in the field of international institutional law and the managerial heuristics, professional habits and prosaic techniques of legal practice that constitute international law’s material mode of existence inside the World Bank. It thereby sets the stage for a historical and socio-legal study of the organization’s legal department and the important, yet unexplored, role of its General Counsel. The ethnomethodological tools of actor–network theory, it argues, provide a promising way of grasping the practice and politics of international law that differs from both liberal constitutional imaginaries and standard repertoires of critique. In tracing the messy practices of relationality, translation and materiality through which international law is composed, this chapter introduces the four main contributions of the book: it (i) provides an account of the precariousness of law’s authority; (ii) reveals salient transformations in the cultural technique and political performance of international law; (iii) provides new perspectives on the various institutional effects that are engendered through the intervention of legal expertise; and (iv) gives an account of how the organization expanded and evolved from its early programmes of ‘governance reform’ to current routines of risk and resilience. An array of empirical sources and methodological approaches are thereby mobilized to tell an original story about the changing performances, practices and politics of international law.
Law’s Metamorphosis—Rupture, Reconstruction and Recollection
Authors: Van Den Meerssche Dimitri
Published: October 2022

Part II explores the institutional interventions, cosmopolitan aspirations and changes in legal culture enacted and embodied by Roberto Dañino, General Counsel from 2003 to 2006. Chapter 4 starts by exploring the difficulties facing the legal department in the context of President James Wolfensohn’s arrival and Shihata’s later departure. It shows how, in Shihata’s shadow, ‘the law had become fossilized’. Second, the chapter analyses the crisis narratives and strategies adopted by Dañino to make the legal department ‘relevant again’. It traces the managerial changes he instated, which fundamentally altered legal practice in the institution. Drawing on original interview material and a wide range of sources (legal strategies and opinions, project appraisals and public talks and presentations), the chapter reveals the immense labour invested in Dañino’s agenda of professional change. It signals the substantive direction of this agenda, expressed in new templates of risk assessment, the professional prototype of the ‘how to’ lawyer and the ideal of ‘client satisfaction’. Third, while the chapter gives an account of transformation, it also displays that—even at this pivotal juncture—the life of law is marked by both change and continuity. This shows the importance of studying legal ‘culture’ and the slow, arduous and conflictious process of ‘cultural change’. In tracing these changes, the chapter sheds light on an important episode in the history of the World Bank’s legal department and the institution more generally. This was an episode in which new professional vocabularies, operational ambitions, corporate templates and moral aspirations were projected on practices of international law(yering).
‘Of course we are bound by those’—Dañino’s Human Rights Agenda
Authors: Van Den Meerssche Dimitri
Published: October 2022

Chapter 5 engages with one key aspect of Dañino’s ambition and legacy: his project to adopt a new ‘human rights agenda’ in the World Bank. In doing so, it elaborately engages with a debate that has received much attention in legal scholarship: the (legal) status of the institution under international (human rights) law. The chapter qualifies ‘human rights’ not as a stable normative object with fixed properties and effects but as a relational assemblage of aspirational discourses, political projects, institutional ideals and professional alliances undergoing continuous translation. Drawing on interview material, internal documents and correspondences, this chapter maps this assemblage and traces key tenets of Dañino’s ‘human rights agenda’. These observations shed a new light on the political orientation and institutional function of his human rights opinion (which was applauded by human rights scholars such as Philip Alston). Rather than instilling operational accountability or engendering empowerment, this ‘human rights agenda’ entails both a ‘dramatic’ expansion in political reform projects and a technology of audit attuned to private sector assessments of financial ‘risk’. This account of Dañino’s ‘human rights’ ideal (and the universalist tropes it draws upon) is remarkably different from existing literature on the topic. It shows the normative and political ambiguity of this cosmopolitan human rights discourse and its deep entanglement with corporate, deformalized and post-political visions on law and global governance. This also displays how the tools of actor–network theory can be used in critical studies of legal discourses and objects, and open new pathways toward political contestation.
Conclusion
Authors: Van Den Meerssche Dimitri
Published: October 2022

This concluding chapter ties together the book’s key threads of argumentation. This is a story of law’s fragility (and the labour invested in its assertion and assemblage); its transformation as a material, professional practice; its performative institutional effects; and its interconnection with ruling governmental rationalities. This conclusion also engages with the book’s poignant cover painting— with Le Sarcophage’s sentiment of surrender, its depiction of a dramatic departure, a sense of an ending. This painting could have been commissioned by those interviewees who spoke about their labour in explicit eulogical terms (‘legal thinking in the Bank has died’). Indeed, much of what my empirical account reveals is the gradual (and occasionally engineered) institutional marginalization of a specific professional sensibility, habitus and mindset: the displacement of a mode of legal practice attuned to the social grammar and material tenets of a particular tradition of public international law. Yet, this book does not revel in nostalgia or strive to restore past bricolages of legal expertise. While Garouste gazes backwards, Le Sarcophage floats on—rocky, unruly, undirected. The methodology adopted in this book —inspired by actor–network theory, relational sociology and new materialism—allows us to follow these unexpected pathways, to trace how new tools and techniques become nested in old forms and to reflect on what these passages tell us about the altering performances, promises and pathologies of international law.
Art and Architecture
Authors: Bourke Joanna
Published: October 2022

Birkbeck had a well-established art school in the nineteenth century, most famously providing a lecturing space for the celebrity painter Benjamin Robert Haydon. The Art School was closed in 1912–13 but returned nearly thirty years later when Nikolaus Pevsner was appointed Professor of Art History. He was the most influential architectural historian of the twentieth century, known for his celebration of the Englishness of English art and architecture. His Buildings of England (forty-six volumes) sought to provide a comprehensive account of all buildings of architectural interest in England from the Saxon period to the present. Art and architecture—and, more recently, film and photography, and related creative fields—have been central to the College since its foundational years.
Dancing the Polka
Authors: Bourke Joanna
Published: October 2022

The theatre at Birkbeck used to be one of London’s great attractions, renowned for hosting the most talented and popular entertainers, as well as for its elocution lessons, poetry readings, concerts, and musical recitations. It launched the career of Arthur Wing Pinero, one of the most distinguished dramatists and stage directors of the late nineteenth and early twentieth centuries, and the director who brought the ‘New Woman’ to the stage. The first signs of problems appeared as early as the 1920s, when Birkbeck began shedding its less ‘academic’ programmes in its bid to become a member of the University of London. Worse was to come in the 1950s. Plans for a new building in Malet Street did not even include a theatre. The Birkbeck theatre saw a temporary reprieve in the 1980s when members of the English Department reawakened the Birkbeck Players.
The Ethnographer as Conceptual Persona
Authors: Mohammed Sideeq
Published: October 2022

There is a long tradition of ethnographic work that is premised upon the reflexive acknowledgement that the ethnographer changes, grows, and develops as they learn about and experience the field, enabling them to form new connections, associations, and relations to the actors within it. Yet the figure of the ethnographer, imbued with coherency and author(ity), means that there is always an assumed fixity and stability to the field, as it is observed by a subject that is understood to be reflexively aware of its own becomings and yet still an unchanging entity that observes the fieldsite. In this chapter, we present an ethnographic account of a shopping centre as experienced by various ‘conceptual personae’. Drawing on the work of Deleuze and Guattari (1994), we will develop an account of how conceptual personae make available different shopping centres, by allowing new connections and disconnections, conjunctions and disjunctions, associations and dissociations, giving rise to their own concepts and imminently produced ways of knowing. We will explore the shopping centres of the disembodied, the insomniac, and the paramnesiac, each of which offers different ways of noticing a shopping centre and the capitalist milieu of which it is a part.
Eight Ways to Notice Mindfully in Process Organization Studies
Authors: Brummans Boris H. J. M.
Published: October 2022

This chapter aims to highlight how the parallels between Buddhism and process philosophy may inform process organization studies. Drawing on these parallels, it shows, through the interplay of textual form and content, eight mutually-supporting ways process organization scholars may cultivate mindfulness of the eventful, non-dual nature of phenomena in their work, so they can hone their ability to notice mindfully. The accompanying commentaries, in turn, provide explanation and show how each way plays out in the practice of research. Thus, these ways offer fleeting insights and small—grassroots, or maybe bamboo shoots—actions that enable you to become-with the processes of organizational becoming you’re intending to study and understand. By acting as Buddhist ‘pith instructions’, their aim is to demonstrate different manners of attuning to the multiple and singular, actual and potential, as well as latent and manifest in process organization research.
Healing the Breach between Writers and Scholars?
Authors: Jaillant Lise
Published: October 2022

Turning from the South to the West, Chapter 3 focuses on Wallace Stegner, the founder of the creative writing programme at Stanford University. When Stegner took up his position at Stanford, the East Coast establishment nearly forgot about him. ‘It was as though I stepped off a pier into the Pacific Ocean without a ripple,’ he later said. Like Paul Engle, Stegner saw himself as an outsider who would never really fit amongst the East Coast literary elite. And like Engle, he presented creative writing as an integral part of a literary training that should also include scholarship and criticism. In the long term, however, neither Engle nor Stegner managed to unite the creative and the critical—a failure that has had enduring consequences on their discipline.
Beyond Academia
Authors: Jaillant Lise
Published: October 2022

Chapter 9 examines the development of creative writing courses outside the academic system in Britain—starting in the late 1960s with the creation of Arvon, to the present day and the proliferation of courses sponsored by publishers (such as Faber) and literary agents. As in the case of the Famous Writers School in the United States, aspiring writers are sold the dream of a glamorous writing lifestyle characterized by fame and freedom. Once again, academia is criticized for its blandness and conformity, while the non-academic world is associated with autonomous creativity.
The Legislative Priority Rule and the EU Internal Market for Goods
Authors: Ní Chaoimh Eadaoin
Published: October 2022

The process of integrating the internal market for goods is intrinsically bound up with the question of how to divide and exercise public power without undermining free movement. The founding Treaties allow for this debate to play out by both protecting the free movement of goods and allowing for national regulatory input. The EU legislator is also empowered to resolve persisting tensions in this field between diversity and centralization, market integration, and market regulation, and as regards the question of who decides. As guarantor of the rule of law, the European Court of Justice must pay heed to such legislative input in a manner that preserves both the principle of institutional balance and the hierarchy of norms. To do so, it often relies on the Legislative Priority Rule as its constitutional compass. Founded on the principles of pre-emption and the presumption of constitutionality, this Rule casts exhaustive EU (product) legislation as the Court’s sole norm of reference to resolve regulatory disputes, to the exclusion of Articles 34–36 TFEU. To avoid any resulting normative inversion, EU (product) legislation must be acknowledged as accommodating a more complex vertical distribution of power than what is often assumed. To this end, the book suggests replacing harmonization models with a new framework to improve the description of EU product legislation and the assessment of its impact, and to facilitate transparent and Treaty-compliant dispute resolution.
‘Living Longer, Working Longer’
Authors: von Nordheim Fritz , Kvist Jon
Published: October 2022

With the Danish life expectancy indexing of pensionable ages as case, this chapter examines to what extent a policy that objectively can help avoid recurrent conflicts as well as large economic and social challenges, can be deemed a success, even though it fits poorly with the PPPE model, as it was adopted, tightened, and continued without involving major stakeholders, and is neither fair nor popular. After briefly introducing the demographic challenges to pensions and explaining the positive potential of linking the pensionable age to developments in longevity, the chapter presents the paradoxes of the Danish case. In 2006 Denmark was a rather unlikely candidate to take a vanguard position in pension reform. Its economic situation and the fiscal health of the pension system in no way necessitated such a policy. Raising the pensionable age did not fit the priorities of most of the political parties that supported its initiation. Even more remarkable: the policy was tightened in 2011 by a government in which the main parties had campaigned against it and it was first implemented (2014) and later continued (2020) by other reluctant governments. Given these oddities, the focus is on explaining which constellation of circumstances and actors allowed such a novel pension policy to be adopted and continued, how this conditioning affected its design, implementation and longer-term effects, and assessing to what degree and in what ways it has been, is and may continue to be a ‘successful’ policy in certain dimensions.
Student Financing for Social Equity in Norway, 1947–2020
Authors: Askim Jostein
Published: October 2022

This chapter traces the development of Norway’s higher education student financing policy programme from its genesis in 1945, through transformations including the incorporation of non-repayable grants in the late 1950s, the conversion from needs-based to universal eligibility for support around 1970 and the introduction of progression-dependent grants in the 2000s. With the student financing programme, Norway’s political leaders have sought to tackle multiple challenges, including inequalities between the rich and the poor, the urban and the rural population, and men and women. The chapter argues the programme is a success, although not a success any of the 22 governments that have come and gone since 1945 can claim for themselves. Success was enabled by governments repeatedly taking the long view and seeking political compromise solutions rather than trying to build ideological, party-political, prestige projects. As a result, governments have, in the main, incrementally changed the programme and avoided reversing past governments’ reforms. This rationalistic approach to policymaking was assisted by a long list of ad hoc advisory committees consisting of experts and interested parties providing policy proposals. The policy story, therefore, has strong elements of corporatism and evidence-based policymaking.
The Swedish Carbon Tax
Authors: Hildingsson Roger , Knaggård Åsa
Published: October 2022

The Swedish carbon tax of 1991, one of the first of its kind, has positioned Sweden as a forerunner in climate governance. It is often depicted an international success and today constitutes the backbone of Swedish climate policy. At first, however, the tax received widespread criticism and had limited political support. The policy design process was short, with limited time for deliberation. While providing the required tax revenues for the tax reform of which it was part, it was set at a level too low to reach the political goal of stabilizing carbon emissions. However, over the years, the tax has been redesigned, strengthening its delivery and gradually increasing political support. Discounts for industry motivated by competitiveness concerns have eased opposition, while households have carried the main burden. This has formed the basis for a counter-narrative about distributive impacts, which, however, has not yet succeeded in getting hold politically and only temporarily hindered continued increases in the tax rate. In terms of the four success dimensions in the PPPE assessment framework (programmatic, process, political and endurance), it represents what McConnell (2010) would call a ‘resilient success’—not perfect but a policy successful to a second-best degree. This chapter tells the story of how a highly energy dependent and export-oriented Nordic country came to introduce this novel policy so early on, and how a policy that initially was not seen as a success, over time came to be taken for granted.
Back from the Brink
Authors: Tranøy Bent Sofus , Sigurjonsson Throstur Olaf
Published: October 2022

The story of Iceland’s successful economic recovery from financial meltdown in 2008 is different from the rest of this book. Temporally, it deals with a dramatic episode of crisis management, not ongoing public policy. Furthermore, while the typical policy success refers to a circumscribed programme, a full-scale economic crisis demands that fires are put out all over the place. Iceland had to deal with foreign policy, the IMF, financial, economic and social issues, simultaneously. To do so it combined Keynesian crisis fighting means such as propping up demand and capital controls We deem Iceland’s ability to stop the largest financial meltdown in history (relative to GDP) from wreaking lasting real economic damage a policy success along all four dimensions specified by the (PPPE)-framework, although the political success experienced by those who handled most of the clean-up job turned out to be more precarious than what they would have hoped for.
The Finnish baby box
Authors: Näsi Ella , Koskenvuo Karoliina
Published: October 2022

The Finnish baby box is a well-known social security benefit with a century-long history. It was invented in 1922 by volunteers, who helped indigent mothers by providing baby clothing and other care items. At the time, Finland was a poor country with a high infant mortality rate. In today’s Finland, the baby box is a universal benefit and enjoys wide acceptance and global recognition. This chapter revisits the evolution of the Finnish baby box, which is entangled with the general development trajectory of public health and social security enhancements in Finland during the last 100 years. In the beginning, the success of the baby box was manifested in its ability to support mothers who suffered from deprivation. Later, the baby box became a universal benefit available to all mothers on the condition that they attend antenatal healthcare. Consequently, the baby box has strengthened antenatal care attendance as a social norm in Finland. Together with numerous other medical and social developments, the baby box has contributed to the enhanced well-being and health of infants and families in Finland. Throughout its history, the baby box has enjoyed wide acceptance among politicians and the general public. Today, the baby box is an appreciated social benefit among families, bringing intangible added value to society through its endurance and universality. For Finland as a country, the baby box appears as a symbol of welfare and a social innovation generating interest and local adaptations around the globe.
Gender Quotas for Municipal Executive Bodies in Finland
Authors: Holli Anne Maria
Published: October 2022

The chapter gives an account of the background, making and implementation of a law on gender quotas for the executive branch of local government in Finland, arguing that the case can be considered a programmatic policy success which has, moreover, endured over time. In 1995 Finland adopted a statute in its Gender Equality Act which decrees a minimum of 40 per cent of both women and men for municipal executive bodies. The policy was a result of a decades-long campaign by a multitude of actors in feminist ‘strategic partnerships’, who had been pressing the state to adopt measures for ameliorating gender inequality in corporatist bodies and the local government. The mobilization of women’s organizations (with political parties’ women’s sections at the forefront), women MPs, gender equality agencies and individual actors (including male allies) took place in a framework of governments’ relative indifference and strong resistance by many influential actors. In the early 1990s, feminist actors started to support Norwegian-style mandatory quotas to solve problems in women’s political representation. The quota policy finally won the field as a result of women MPs’ cross-partisan ‘coup’ in parliament. The implementation of quotas was also very successful, partly due to fortuitous back-up by already existing legislation regulating local authorities. The quotas, however, caused much upheaval in municipalities as local-level party organizations had to adjust their selection criteria to municipal executive bodies to take mandatory gender requirements into account. However, since 1997 there has prevailed a gender balance in municipal executive bodies in Finland.
Duty, Virtue and Feeling
Authors: Walker Ralph C. S.
Published: October 2022

Kant holds that feeling is essential to the moral life. The moral law must be the sufficient condition of the action, but other motives may be present as well, and the moral law may often function as a second-order motive. It is by an education through feeling that one comes to an understanding of the moral law, and feeling is also essential if one is to understand what the needs of others are and what our duty to them may be. One may undergo a ‘change of heart’, whereby one comes to a full appreciation of the importance of acting out of duty; but even so we retain the freedom, and the temptation, to act otherwise. Freedom of will is essential to moral responsibility—though Kant does recognize that there may be circumstances under which people do not have the mental capacity to act responsibly.
The Strengths of Kant’s Position
Authors: Walker Ralph C. S.
Published: October 2022

Kant makes a good case for recognizing the moral law as an objective imperative. Much of his account is highly defensible, though some things need to be filled out. He is at least partly right about transcendental idealism, though perhaps science can take us further towards the underlying spatio-temporal order than Kant believed. He is more open to theories in the third Critique, where he considers us entitled to believe (though not to know) that the future will continue to be orderly, and that this order is due to a designer. Evolution is insufficient to explain our inductive and abductive practices, which take us far beyond the experiences of our ancestors. Nor can it explain our moral concerns for those remote from us. Rational reflection is what is needed. It leads us towards truth in science; Kant rightly holds that rational reflection can lead us to objective truth in morals.
Lucy Hutchinson and the English Revolution
Authors: Gheeraert-Graffeuille Claire
Published: October 2022

This book explores Lucy Hutchinson’s historical writings and more particularly the Memoirs of the Life of Colonel Hutchinson, which were composed between 1664 and 1667 and first published in 1806. The Memoirs were a best-seller in the nineteenth century, but largely fell into oblivion in the twentieth century. They were rediscovered in the late 1980s by historians and literary scholars interested in the emerging culture of republicanism and dissent. By approaching the Memoirs through the prism of history and form, this book challenges the widely-held assumption that early modern women did not—and could not—write the history of wars, a field that was supposedly gendered as masculine. On the contrary, it shows that Lucy Hutchinson, a reader of ancient history and an outstanding Latinist, was a historian of the English Revolution, to be ranked with Richard Baxter, Edmund Ludlow, and Edward Hyde.
Structuring discretion through sentencing guidelines: Do the Sentencing Council’s guidelines promote greater consistency?
Authors: Harris Lyndon
Published: October 2022

Chapter 8 undertakes the same task but in relation to sentencing guidelines. England and Wales is the world leader in narrative sentencing guidelines and many jurisdictions look to the Sentencing Council of England and Wales when considering establishing their own guidelines system. The guidelines system in this jurisdiction is now rather advanced and thus, there is plenty to critique and seek to draw lessons from. There are guidelines now in their second iteration with supplementary case law amplifying the structure and guidance offered. Chapter 8 examines both types of guideline: offence-specific and overarching. Conclusions are drawn as to the limitations of a guidelines scheme, particularly one in narrative form to form a clear determination as to whether the narrative sentencing guidelines of the Sentencing Council in fact promote greater consistency in sentencing.
Achieving consistency in sentencing
Authors: Harris Lyndon
Published: October 2022

Chapter 9 draws the threads together. This chapter revisits the definition of consistency proffered early in this work and reflects on the analysis of the efficacy of the three institutions that provide sentencing guidance, to consider individually and collectively the primary means of structuring the discretionary sentencing decision in England and Wales. From this, key lessons are identified for more effective methods of achieving greater consistency in sentencing. This considers, crucially, the ‘division of labour’ between the three main actors and identifies weaknesses and strengths in this arrangement. Lessons to be learnt include where in the system greater flexibility is required and where greater structure is required. Additionally, the conclusion draws attention to the work that needs to be done to address racial and gender inconsistencies in sentencing. Thus, while providing a theoretically sound critique of the concept, this monograph is of direct practical relevance to those studying or practising in sentencing systems worldwide.
The Doctrine of Mistake and the Rule on Gross Misunderstanding in Chinese Contract Law
Authors: Wei Shen
Published: October 2022

Mistake in declaration of will, or mistake for short, refers to the lack of true will to enter a contract as a result of an incorrect understanding by the contracting party declaring an intention to be bound by the contract (the representor). The occurrence of mistake means the loss of trustworthiness in the fundamental element to true consent being given, and it ultimately leads to the invalidity of the contract. Although the concept of mistake is not contained explicitly in China’s Contract Law, the doctrine of gross misunderstanding actually functions like mistake in foreign private law. Comparatively, China’s doctrine of gross misunderstanding is not perfect at covering all types of mistakes, defining standards, exercising the right of rescission, or in its remedies. The law of contract does not pay enough attention to protecting the reliance interest of the counterpart when the mistake occurs by one contracting party. In order to protect the representor’s free will, the mistake doctrine is critical to maintaining the reliance interest of the counterpart so as to ensure transactional security.
Reprehensible Conduct: Threats and Unfair Exploitation in Hong Kong
Authors: HO Lusina
Published: October 2022

This chapter discusses the doctrines of duress, undue influence and unconscionable bargain, with a particular focus on how Hong Kong law has evolved from its English heritage. The doctrine of duress in Hong Kong law broadly follows that in England, and requires the entry into a transaction as the result of illegitimate pressure. Such pressure is typically exerted through unlawful threats, though lawful threats that go far beyond reasonable pressure also suffice. In relation to undue influence, Hong Kong differs from English law in not relying on presumptions to establish such influence, but instead considers the ‘totality of evidence’ to decide whether undue influence has been exercised. As regards unconscionable bargain, Hong Kong accepts a broader scope of relief for parties in a ‘serious disadvantage’, and does not confine itself to the English doctrine that requires the party concerned to be ‘poor and ignorant’. The common law position is also reinforced by the Unconscionable Contracts Ordinance, which is drawn upon consumer protection legislation in Australia, and has been interpreted in line with the latest Australian statute.
Threats and Unfair Exploitation under Japanese Law
Authors: SONO Hiroo
Published: October 2022

This chapter explores the rules and principles under Japanese law relating to contracts induced by threat or unfair exploitation. It first discusses the Civil Code rule on ‘duress’ (kyohaku) and the more relaxed rules in the Consumer Contract Act (CCA) related to ‘distress’ (konwaku). Both provide grounds for rescission of the contract. Even with the relaxed rules in the CCA, however, this chapter assesses that the application of these rules remains rather orthodox, and maintains a rigid framework: it is firmly based on the idea of ‘defective manifestation of intention’. However, this underdevelopment may be a result of the availability of a more flexible principle that holds contracts violating ‘public policy’ null and void. Upon this principle, case law has developed the ‘doctrine of excessive profits’ (bori koi). Some of the case law development has been incorporated into special legislation. Such cases and legislation focus not on ‘defective manifestation of intention’, but on (a) the substantive unfairness of the agreement and (b) the procedural unfairness of the manner in which the agreement was reached. Despite the prevalence of cases and legislation emphasizing the element of substantive unfairness, this chapter demonstrates that there are signs that case law is amenable to a rule that rests solely on the element of procedural unfairness. This chapter concludes that this path will bring Japanese law into line with the more modern trend in comparative contract law of policing ‘abuse of circumstances’.
Mistake, Fraud, and Misrepresentation in Korea
Authors: Youngjoon KWON
Published: October 2022

This chapter provides a general overview of the doctrines of mistake, fraud, and misrepresentation under Korean contract law. These doctrines are based on Articles 109 and 110 of the Korean Civil Code. A contract concluded due to a mistake may be avoided by a mistaken party (Article 109). Such mistake should be about a material element of the substance of a contract, and should not have been caused by the gross negligence of the mistaken party. A contract concluded due to a fraud may also be avoided by a defrauded party (Article 110). A fraud should be intentional and unlawful and should have a causal link with the contract. Meanwhile, a misrepresentation is mostly handled as an issue of mistake, fraud, or statutory warranty. There is no single provision in the Korean Civil Code that exclusively covers the issue of misrepresentation.
Invalidity of Contracts in the Philippines: Grounds for Annulment Based on Defects of Intellect and Will
Authors: DIZON Michael Anthony C , DISINI Jose Jesus M
Published: October 2022

The chapter explains the Philippine laws and rules on invalidity of contracts. Under Philippine law, a voidable contract is a particular kind of defective contract that is invalid because of a defect in consent. A party’s consent may be impaired due to erroneous belief (mistake or fraud) or reprehensible conduct (violence, intimidation, or undue influence). Mistake is generally understood to be a false belief or notion about something that is material to the contract. On its part, fraud is committed through the use of insidious words or machinations to induce another party to enter into a contract. Violence involves the use of serious or irresistible force to compel a party’s consent, whereas intimation is carried out through threats or actions that produce a reasonable and well-grounded fear of an imminent and grave evil on the part of the other party. Undue influence is present when a party takes improper advantage of his or her power over the will of another. A voidable contract is subject to an action for annulment. But, prior to annulment, a voidable contract is valid and binding and produces legal effects. A voidable contact may also be ratified by the injured party, and this would cleanse the contract of its defect. When a court annuls a voidable contract, the parties are subject to a number of duties including the obligation of mutual restitution.
Threats and Unfair Exploitation under Taiwanese Private Law
Authors: JAN Sheng-Lin
Published: October 2022

This chapter elaborates the details of threat and unfair exploitation under Taiwanese private law. Following a very brief introduction of Taiwanese private law (Section I), the chapter enumerates the vitiating factors of contract that are provided for by the Taiwanese Civil Code (Section II). The chapter then focuses on the elaborations of threat and unfair exploitation in Taiwanese contract law (Sections III and IV). Section III begins with the illustration of the requirements for a threat, which, apart from the causal link between the threat by one party and the declaration of intent by the other, include illegitimacy of the threat itself, the threatened means, the pursued aim and of the connection between the means and the aim. This section also deals with threats by a third party and the legal remedies for threat under the Taiwanese Civil Code. Section IV covers unfair exploitation. In addition to a brief explanation of the statutory provision, some important cases decided by the Taiwan Supreme Court are discussed. This chapter concludes with the possible solutions to the hypothetical cases provided by the editors (Section V).
Introduction
Authors: McLeod Hugh
Published: October 2022

This begins by explaining the objectives, scope, and main arguments of the book. It then provides an overview of major developments in religion, in sport, and in the relationship between them during four periods, from c.1790 to the present day, placing English sport in international context. The four periods are c.1790–1860, c.1860–1900, c.1900–1960, and since the 1960s. This is followed with a review of the historical literature on religion and sport in modern England. In fact relatively few historians have addressed this theme, but three main questions have provoked debate: ‘muscular Christianity’ and the reasons for its emergence; the role and significance of religion in the sports boom of the later Victorian years; and the relationship between sport and secularization. The chapter concludes with comparisons with the United States, where the literature is much more extensive and a brief summary of the sources.
‘A Passion and Not Merely a Recreation’
Authors: McLeod Hugh
Published: October 2022

Historians of the nineteenth century have claimed that fox hunting was the real religion of the gentry and that sport was ‘the biggest thing’ in the lives of many working men. By the later nineteenth century claims of this kind were being made more widely with regard to the passion for cricket in the public schools and for football among working men in the North and the Midlands. With the ever-larger role of sport in English society since the 1960s, and more especially since the 1990s, these trends have gone further. Governments have poured money into sport while praising its benefits for the individual, for society, and for national prestige; sport has taken the place of Sunday School; football fans ask for their ashes to be scattered on or near to their club’s ground; statues are erected to honour sporting heroes. Meanwhile one aspect of the ‘subjective turn’ of religion in the 1960s, in which each individual was encouraged to seek their own ‘path’, was the claim that running was a religion and was able to offer its devotees most of the things which older kinds of religion offered.
What Is Future-Proof Science?
Authors: Vickers Peter
Published: October 2022

This chapter introduces the subject matter, provides an initial framework for discussion, and offers a brief characterisation of key concepts (to be gradually enriched as the book progresses). An indicative list of 30 examples of ‘future-proof science’ is put forward, including singular scientific facts as well as more involved bodies of thought, or theories. The chapter provides a preliminary sense of how the concept of an ‘established scientific fact’ will be related to discussions of scepticism, epistemic humility, misleading evidence, and approximate truth, as well as ‘the challenge from history’ familiar to philosophers of science.
Meckel’s Successful Prediction of Gill Slits
Authors: Vickers Peter
Published: October 2022

Chapter 3 concerns the evidential significance of JF Meckel’s 1811 novel predictive success concerning the existence of gill slits in the mammalian (including human) embryo. It is argued that this successful prediction, whilst prima facie impressive, only modestly confirmed Meckel’s theory of recapitulation. In addition, the scientific community of the day were not fooled: they successfully recognised the nuances of the particular scientific context bearing on the measure of the significance of Meckel’s successful prediction. This case thus demonstrates the reliability (even in the early 19th century) of the intuitions of the scientific community when it comes to matters evidential. It also serves to show that ‘novel predictive success’ is not always significant evidentially, even when the prediction in question appears to be ‘bold’ or ‘risky’.
The Judgement of the Scientific Community
Authors: Vickers Peter
Published: October 2022

Following Chapter 4, it is argued that the best judgement of the evidence belongs to the scientific community. Some suggestions are made concerning how the individual might go about ascertaining, and critically assessing, the judgement of the community. It might be objected that sometimes the community judgement goes wrong. A famous case concerns the community attitude towards continental drift between 1915 and 1965. Does this show that the scientific community cannot be trusted to judge the weight of evidence in a given case? It is argued that a distinction can be drawn between cases such as this, and many contemporary cases where we really should trust the judgement of the scientific community when they tell us that a given scientific claim is factual, beyond reasonable doubt. Put briefly, we should look for a scientific consensus amounting to at least 95 per cent, in a scientific community that is large, international, and diverse.