bluuebunny/crossref_metadata_2025 huggingface dataset:
Philosophy and the Moving Image
Authors: Carroll Noël
Published: August 2021

Philosophy and the Moving image is a collection of articles by Noël Carroll involving many of the ways in which the moving image – including cinema, television, video, and computer generated imagery – can intersect with philosophy. These intersections can include discussions of movies that do philosophy outright, and movies that illustrate philosophical themes as well as discussions various philosophical issues that moving-image practices can provoke. The book shows that movies make contact with many of the established branches of philosophy, including metaphysics, epistemology, philosophical psychology, ethics, political philosophy, and the philosophy of the arts, specifically music and dance. The book also includes essays on the history of the philosophy of motion pictures, discussing the work of Balász, Eisenstein, Cavell, and Danto.
Movie-Made Philosophy
Authors: Carroll Noël
Published: August 2021

This chapter defends the view that it is within the resources of moving image works to do philosophy – that is to produce original philosophy. To that end the article confronts a range of objections to the possibility of movie made philosophy and in the course of challenging them, proposes a range of ways in which movies can make philosophy.
Moral Change
Authors: Carroll Noël
Published: August 2021

This chapter engages the question of how fictions can change the moral feelings of spectators. Fictions, of course, can activate and reinforce existing emotions. But given that function, how can they also change sentiments, especially moral sentiments? This chapter attempts to partially answer that question by explaining how imagery of the family can be a powerful rhetorical lever for altering affective commitments. The novel Uncle Tom’s Cabin and the movie Philadelphia are introduced as primary examples of this process.
Rough Heroes
Authors: Carroll Noël
Published: August 2021

This essay is a response to Anne Eaton’s case for the position in the ethics of narrative fiction known as “immoralism,” or as she calls it “Robust Immoralism.” Her examples in behalf of immoralism include the cultivation of positive attitudes on the part of the audience toward characters like Tony Soprano in the television series The Sopranos. In contrast to Eaton, the author argues that the case for “rough heroes” is based on what he calls “the narrative fallacy” and that currying sympathy for rough heroes is not, pace Eaton, a very challenging artistic feat.
Eisenstein’s Philosophy of Film
Authors: Carroll Noël
Published: August 2021

This chapter offers an organized account of Eisenstein’s film theory which attempts to demonstrate that although Eisenstein gives the appearance of being a medium specificity theorist in terms of montage, he is actually developing a very different kind of theory of film than that attributed to other classical film theorists like Arnheim and Balász.
Arthur Danto Goes to the Movies
Authors: Carroll Noël
Published: August 2021

This chapter reviews the ways in which Danto’s “method of indiscernibles” enables him to construct an analysis of films as moving images in terms of necessary conditions. The chapter challenges Danto’s account, but also suggests how Danto’s “end of art” thesis might explain certain developments in avant-garde cinema.
Teaching Disability
Authors: Olkin Rhoda
Published: August 2021

Disability is a part of diversity, yet there are few resources for instructors, students, and professionals to use to learn about disability. In this practical book, Teaching Disability as Part of Diversity, 34 activities are provided. Activities can be done in class, as homework, as group activities, or independently. The activities, which comprise the majority of the book, are graduated from beginning level through more advanced levels. For each activity, there are learning objectives, a list of materials needed, an estimate of the time frame to complete the activity, possible outcomes and talking points, a grading rubric, any needed handouts, and suggested additional reading. Written by an insider to the disability community, there is a nonpathology focus on disability as part of diversity rather than a deficit. Many activities are designed to highlight barriers and psychosocial impediments that hamper people with disabilities. The first chapter helps instructors who are new to teaching disability. The second chapter discusses research on changing extrinsic and intrinsic bias toward people with disabilities and is provided as a background for the activities. No simulation activities are included, as is the explanation for why these are omitted. A final chapter includes six measures to assess knowledge and skills.
Models of and Beliefs About Disability
Authors: Olkin Rhoda
Published: August 2021

The four activities in this chapter focus on how disability is conceptualized. Students’ illness beliefs are explored in one activity, and they compare their beliefs with those of a peer. A second activity involves finding examples of the three models of disability (moral, medical, and social) in various media venues. Having found examples in daily life students then interview a peer about their beliefs and models of disability, and then reverse roles. The understanding of models in others’ belief systems are a necessary step before exploring one’s own model of disability, which students typically find more difficult. Lastly, students explore what it might be like to be newly diagnosed with a disability, as this is an experience they will encounter with clients.
Rebel Jurisdiction, Due Process, and Tamil Tiger Justice
Authors: Provost René
Published: August 2021

Chapter 3 examines the implication of a broad requirement of due process for rebel courts, taking as a case study the judicial system put into place by the Liberation Tigers of Tamil Eelam (LTTE) in Sri Lanka. The LTTE launched an armed insurgency against the government of Sri Lanka in the early 1980s, eventually controlling nearly 40 percent of national territory. The LTTE developed an independent civil administration which included a state-like court structure with seventeen distinct courts at trial, appeal, and supreme court levels. The group also enacted comprehensive civil and criminal codes, as well as other important pieces of legislation. The chapter takes this exceptionally sophisticated insurgent court system to interrogate the concept of rebel jurisdiction, exploring the foundations in public international law of the extent and limits of territorial, subject-matter, and personal jurisdictions of rebel law and courts. The analysis then turns to the thorny issue of due process requirements that must be met under international humanitarian and human rights law to consider as fair a trial before a rebel court. The precise content of the requirement of a fair trial under international law does vary in situations of emergency like international and non-international armed conflicts. In addition, legal standards must be adjusted to reflect the nature of non-state courts and the particular contextual challenges faced by rebel governance in conflict zones. On that basis, each applicable due process guarantee is analysed to determine the precise requirements it imposes on rebel justice.
Everyday Racism and Rudeness
Authors: Bock Mary Angela
Published: August 2021

This chapter studies the way video serves as an indexical, albeit imperfect, discursive affordance to support complaints about everyday racism and rudeness. Smartphone video and social networks enable the production of video clips designed to shame apparently entitled or racist individuals who’ve come to be nicknamed “Karens” or “Kens” when they complain to police about barbecue grills, water stand hawking, or fellow park users who’ve asked them to leash their dog. An analysis of some of the most widely shared videos finds that in addition to their indexical affordance, such clips also present compelling phenomenological information: tone of voice, facial expression, and body language. Further, as they travel without gates through social media, such clips can be recontextualized in mistaken or even misleading ways, as with the episode involving private school student Nick Sandmann on the steps of the Lincoln Memorial in 2019, which highlights the limits of video’s epistemology.
Science Denial
Authors: Sinatra Gale , Hofer Barbara
Published: August 2021

How do individuals decide whether to accept human causes of climate change, vaccinate their children against childhood diseases, or practice social distancing during a pandemic? Democracies depend on educated citizens who can make informed decisions for the benefit of their health and well-being, as well as their communities, nations, and planet. Understanding key psychological explanations for science denial and doubt can help provide a means for improving scientific literacy and understanding—critically important at a time when denial has become deadly. In Science Denial: Why It Happens and What to Do About It, the authors identify the problem and why it matters and offer tools for addressing it. This book explains both the importance of science education and its limitations, shows how science communicators may inadvertently contribute to the problem, and explains how the internet and social media foster misinformation and disinformation. The authors focus on key psychological constructs such as reasoning biases, social identity, epistemic cognition, and emotions and attitudes that limit or facilitate public understanding of science, and describe solutions for individuals, educators, science communicators, and policy makers. If you have ever wondered why science denial exists, want to know how to understand your own biases and those of others, and would like to address the problem, this book will provide the insights you are seeking.
What Motivates People to Question Science?
Authors: Sinatra Gale M. , Hofer Barbara K.
Published: August 2021

From the safety of eating genetically modified organisms to whether mask-wearing reduces the spread of infectious diseases like COVID-19, battle lines are drawn around scientific issues once resolved outside of politics. Positions reflect less about familiarity with the scientific topic than they do about core beliefs and worldviews, leading to what psychologists call a motivated view of science. In Chapter 6, “What Motivates People to Question Science?,” the authors explain that even when individuals attempt to be rational and make decisions justified with evidence, motivations can bias their reasoning. Forming one’s views on science through the prism of social groups is also problematic. The notion that junk science is whatever is inconsistent with your social group’s preferences reinforces a negative perception that science, as a whole, is untrustworthy. The authors explain that when individuals crowdsource their views on science by polling their social group, rather than evaluating science claims on their own merit, they do not always make scientifically sound decisions. The chapter provides suggestions for what individuals can do to avoid motivated views of science and what science communicators can do to convey science to a skeptical audience.
Believing Miracles in 10th–11th Century Baghdad
Authors: Lamprakis Alexander
Published: August 2021

Arguments from miracles have already received significant attention in the field of Islamic philosophy and theology. However, it is not yet clear how contemporary Christian authors thought about miracles, particularly whether and under which circumstances miracles can serve as a valid source of epistemic justification. This paper aims at shedding light on the epistemology of miracles of four Christian authors belonging to the 10th–11th century network of philosophers commonly known as the ‘Baghdad School.’ The author argues that this debate is characterized by encounters with positions held among kalām theologians, and an increasing disengagement from the Christian apologetic tradition in favor of an assessment of miracles in philosophical terms.
Thirteenth-Century Aristotelian Logic
Authors: Mora-Márquez Ana María
Published: August 2021

The aims of this paper are to show (i) that thirteenth-century Aristotelian logic (AL-13) is a logical tradition that considers Aristotelian logic (AL: the logical curriculum at the University of Paris, that is, Porphyry’s Isagoge, Aristotle’s Organon, Boethius’s De divisione and De topicis differentiis, and the anonymous Sex principia) as a system that is organized around the syllogistic argument; and (ii) that AL-13 can be characterized as the study of scientific method, of which formal analyses are a part but by no means the crucial one. I give a diachronic account of AL-13, with its continuities and ruptures, by looking at the general accounts of AL by Nicholas of Paris (1230s), Albert the Great (1250s), and Radulphus Brito (1290s).
Answerability Without Reasons
Authors: O’Brien Lilian
Published: August 2021

It is widely accepted that we are answerable in a special way for our intentional actions. And it is also widely accepted that we are thus answerable because we perform intentional actions for reasons. The aim of this chapter is to argue against this ‘reasons’ view of such answerability. First, reasons are distinguished from practical standards. Then, it is argued that the best interpretation of the practices in which we treat agents as answerable is that they fundamentally concern practical standards rather than reasons. This view shows that we are answerable, not just because we are deliberators, but because we are executive agents whose complex executive capacities open us to criticism.
Pluralistic Attitude-Explanation and the Mechanisms of Intentional Action
Authors: Burnston Daniel C.
Published: August 2021

According to the Causal Theory of Action (CTA), genuine actions are individuated by their causal history. Actions are bodily movements that are causally explained by citing the agent’s reasons. Reasons are then explained as some combination of propositional attitudes—beliefs, desires, and/or intentions. The CTA is thus committed to realism about the attitudes. This chapter explores current models of decision-making from the mind sciences, and argues that it is far from obvious how to locate the propositional attitudes in the causal processes they describe. The outcome of the analysis is a proposal for pluralism: there are several ways one could attempt to map states like ‘intention’ onto decision-making processes, but none will fulfill all of the roles attributed to the attitudes by the CTA.
Unconditional Forgiveness and Normative Condescension
Authors: Beglin David
Published: August 2021

This chapter argues that the moral value of unconditional forgiveness is more complicated and constrained than it is often taken to be. When we unconditionally forgive, we engage with someone in a way that doesn’t take seriously their perspective about the meanings and values at stake in our relations with them. Other things being equal, this is problematic; it is normatively condescending, belittling the place of the other person’s moral agency in our relations with them. This doesn’t mean that unconditional forgiveness is always bad or impermissible. It does, though, complicate how we should think about its moral value.
Methodological considerations
Authors: Schabas William A.
Published: August 2021

Evidence for the existence of customary law is compiled, using the rights in the Universal Declaration of Human Rights as a template. The pattern of treaty ratification is examined along with materials from the Universal Periodic Review, especially concerning States that are not parties to relevant treaties. The list is supplemented with rights omitted from the Declaration, such as the rights of minorities and indigenous peoples, as well as with so-called peoples’ rights, to development, peace, and self-determination. Particular attention is directed to the customary nature of economic, social, and cultural rights.
Fundamental freedoms
Authors: Schabas William A.
Published: August 2021

Fundamental freedoms is an allusion to Roosevelt’s ‘four freedoms’, although they now tend to be associated with those that fall under civil and political rights: freedom of expression, freedom of religion, freedom of peaceful assembly, and freedom of association. They have a degree of relativity, being subject to restrictions or limitations dictated by certain criteria including public morals and the rights of others. They have important links to political democracy, the rights of labour and trade unions, and minority rights. Other rights that may be labelled ‘fundamental freedoms’ are the right to private and family life, the right to marry and to found a family, mobility rights, nationality and the right to property.
Economic, social, and cultural rights
Authors: Schabas William A.
Published: August 2021

The subject of economic, social, and cultural rights has been greatly neglected. The evidence establishing customary legal norms in the area of economic, social, and cultural rights is very compelling and often as convincing, if not more so, as in the case of civil and political rights. Included in this category are the right to social security, to work, and the right to an adequate standard of living encompassing such necessities as food, clothing, housing, health and medical care, and water and sanitation. The right to education is also fundamental, with complex issues such as the role of parental choice in education. Education is not only an entitlement, it is also an obligation upon parents and children. Cultural rights are often associated with rights of minorities but their scope is much broader and more general, and includes the right to enjoy the arts and to benefit from scientific progress.
Introduction
Authors: Morrison Benedict
Published: August 2021

This introduction explores—and questions—how art cinema’s enigmatic characterization and unconventional forms have often been interpreted as a series of puzzles to which criticism can provide the answers. Since David Bordwell’s seminal 1979 essay, one of the core approaches to explaining and resolving art cinema’s challenges has been through the logic that complex character explains complex form. This logic has resulted in reductive critical statements that have dismissed the intricate achievements of untidy form, sweeping them aside with the statement that disturbed form is simply the articulation of disturbed character. This introductory chapter argues that art cinema is eccentric, and that character-centric criticism overlooks the aesthetic and political challenges of complicatedly articulated form. The introduction interrogates the critic’s theological role in resolving art cinema’s fascinating complexities and offers a new ethics of criticism which acknowledges more fully the discrete achievements of characterization and form.
The Moral Status of Conscious Subjects
Authors: Shepherd Joshua
Published: August 2021

Any account of moral status faces three difficulties simultaneously. The first is the grounding difficulty—how to account for the grounds of moral status. The second is the mapping difficulty—how to map the grounds to the moral reasons for action associated with the possession of (some level of) moral status. The third is the cases difficulty—how to navigate the grounds and mapping difficulties without running afoul of strong intuitions about a wide range of problem cases. One cannot navigate these difficulties perfectly. But this chapter argues that a coherent and relatively compelling view can be had by grounding moral status in aspects of a subject’s conscious mental life, by mapping the grounds to moral reasons in terms of respect for conscious subjects, and by taking the problem cases one by one.
Toward a Theory of Moral Status Inclusive of Nonhuman Animals
Authors: Faden Ruth R. , Beauchamp Tom L. , Mathews Debra J. H. , Regenberg Alan
Published: August 2021

This chapter argues for a need for a theory of moral status that can help to provide solutions to practical problems in public policy that take account of the interests of diverse nonhuman animals. To illustrate this need, the chapter briefly describes two contemporary problems, one in science policy and one in food and climate policy. The first section provides a sketch of a way to think about a tiered or hierarchical theory of moral status that could be fit for such work. The second section considers in some depth the problem of human–nonhuman chimeras. This example is used to illustrate how a hierarchical theory of moral status should prove helpful in framing policy responses to this problem.
Chimeras, Superchimps, and Post-persons
Authors: Chan Sarah
Published: August 2021

In the world of contemporary biotechnology, our thinking about species and moral status is being challenged in new ways. First, the creation of interspecies chimeras, in disrupting the human/non-human species boundary, forces us also to go beyond species boundaries in considering how to determine the moral status of these new beings. Second, the possibility of moral status enhancement (or at least enhancing the capacities that on some accounts give rise to moral status), both for non-human animals and for humans, may lead to members of existing biological species having new moral properties, or perhaps even the creation of new ‘moral species’. This chapter explores normative and conceptual challenges raised by the prospect of crossing both biological and moral ‘species boundaries’. It examines the implications of species transitions in relation to identity, obligations towards existing beings and beings that might be created via the species transition process; and reflects on how this might advance our thinking about moral status.
Britain's Levantine Empire, 1914-1923
Authors: MacArthur-Seal Daniel-Joseph
Published: August 2021

Britain’s Levantine Empire, 1914-1923 explains the rise and decline and nature and extent of British military rule in the urban eastern Mediterranean during the course of the First World War and its aftermath. Combining novel case studies and theoretical approaches, the book reveals the extent of military control that Britain established and anticipated maintaining in the post-Ottoman world, before a series of confrontations with nationalist and socialist anti-imperialists forced a new division of the eastern Mediterranean, still visible in the political borders of the present day. It tells this story through the eyes and ears of the British servicemen who built this empire, analysing the testimony of over 100 such military personal sent to Alexandria, Thessaloniki, Istanbul and the towns and islands between them, as they voyaged, made camp, and explored and patrolled the city streets. Whereas histories examining soldiers’ experiences in the First World War have almost exclusively focused on their lives at the frontlines, this book provides a much needed in depth history of soldiers’ experience and impact on the urban hubs of the Eastern Mediterranean, where urban planning, nightlife and entertainment, policing and security were transformed by the presence of so many men at arms and the imperialist interventions that accompanied them.
Exploring the Levantine City
Authors: MacArthur-Seal Daniel-Joseph
Published: August 2021

The chapter examines the succeeding leg of soldiers’ journeys to the eastern Mediterranean. It first explores the factors that shaped how soldiers viewed the city at a distance, informed by principles of the picturesque and the confidence of British predominance at sea, before examining their responses to arrival in port and their sensory immersion in the urban Levant. The chapter then shows how soldiers moved through and mentally constructed the image of the Levantine city, taking on the role of flaneur familiar from literary studies. Finally, it explores soldiers’ relationship with the crowd and their attempt to categorize the diverse population they encountered on city streets, using their writings to interrogate the notion of cosmopolitanism in history writing about the region.
Authoritarianism and the Evolution of Voting Behaviour
Authors: Tillman Erik R.
Published: August 2021

This chapter analyses the evolution of the relationship between authoritarianism and party support from 1990 to 2017. The chapter presents the analyses of eight different countries, and two conclusions emerge. First, high authoritarians have shifted towards radical right parties over the past three decades though there was no prior cross-national relationship between authoritarianism and party support in each country. As a result, different mainstream parties in each country have lost support as high authoritarians increasingly vote for PRR parties. This finding challenges the popular narrative that PRR parties have gained at the expense of social democratic parties, which only holds true in certain countries. The analysis also shows that low authoritarians have shifted towards left-liberal parties such as the greens, further contributing to the worldview evolution. As high authoritarians move towards radical right parties and low authoritarians towards left-liberal parties, traditional centre-left and centre-right parties that were based on twentieth-century class and religious conflicts struggle for support, particularly as generational replacement results in the depletion of their traditional voters.
The National Mission
Authors: Rybak Jan
Published: August 2021

The chapter analyses Zionist reactions to the outbreak of the First World War throughout the region. The war challenged traditional strategies and represented a severe crisis, both for the international Zionist movement, which fell apart and took new shape, and for local branches, drained of many of their members who were now in uniform. Zionists had vastly differing expectations of the war, which changed as the front moved eastwards and the Central Powers conquered much of Poland and the Baltic. As part of this German conquest of the East, several German Zionist activists travelled the region and tried to establish themselves as a leading force amongst East European Jewry. Their perception and representation of East European Jewry related to the type of nation-building they wanted to implement there. This project, which was fundamentally a ‘civilizing mission’, played out differently in the varying German occupation regimes of the Generalgouvernement Warschau and Ober Ost, and had profound impacts on local communities and activists, as well as on subsequent events. The chapter details the specific impact of the war on East-Central European Jewish societies, analysing the different occupation regimes and their diverse policies towards the Jewish population. It also demonstrates how Zionist concepts of nation, civilization, and modernity were adapted to local conditions and the immediate struggle for survival.
Welfare, Relief, Political Power
Authors: Rybak Jan
Published: August 2021

The chapter shows how different political and social circumstances shaped Zionist opportunities for influence in local communities. Relief work constituted the main battleground between the various parties and determined how Zionists worked to gain respect and credibility through their engagement. Welfare and relief were not only essential to reduce the suffering of the Jewish population but also became the primary field of activism for all Jewish political movements. Using local examples from German-occupied Poland and Ober Ost, from Galicia, Vienna, and Prague, the chapter investigates struggles for control over relief funds and the building of welfare institutions, as well as their connection with Zionist political ideas. It analyses welfare work for refugees in Vienna, soup kitchens in Białystok, and attempts to find work for unemployed Jews in Warsaw. Within months after the outbreak of the war, relief work became the only area in which activists were engaged. The ramifications of these efforts were often contradictory. Whereas in the Ober Ost region, for example, Zionists were integrated into the German administration and applied top-down, authoritarian policies towards local communities, in the Generalgouvernement Warschau, they remained outside the administration and had to rely on grassroots activities and on the energetic efforts of their members. The chapter also analyses relief efforts for refugees in Vienna and Prague, and shows how Zionist activists in Galicia acquired positions as leading figures in communities, taking over communal responsibilities after the Austrian order had disintegrated.
The Ancient Ideal and the New World
Authors: Rybak Jan
Published: August 2021

The chapter investigates the two simultaneous but in many respects contradictory promises of national and social emancipation given in 1917 by the Russian Revolution and the Balfour Declaration. It analyses how activists perceived these two events, how they responded to them, and what conclusions they drew for their own work. Both events gave local activists a boost in self-confidence and energy and let them turn towards mass work—albeit in very different forms. At the end of the war many activists struggled with the two practical alternatives of emigration to Palestine or participating in a revolution in Europe. The chapter examines closely the various forms of revolutionary activism and the relations between left-wing Zionists and their fellow non-Jewish revolutionaries. It shows how both revolutionary activism and attempts to organize emigration to Palestine worked on a practical level in local contexts, and what these efforts implied for the future evolution of both Zionist political practice and ideology. While for many the Balfour Declaration spurred the move to emigrate, emigration was not necessarily an ideological choice—much to the frustration of many activists. At the same time, the emancipatory promise of revolution led a number of activists to question whether a homeland in Palestine was even necessary, and whether Zionism maintained its validity in this new period.
A Methodological Approach to Deep Seabed Mining by Non-state Actors
Authors: Dingwall Joanna
Published: August 2021

Chapter 1 places this study within its broader methodological framework. Firstly, it offers a method of analysis for evaluating the deep seabed mining regime, drawing on the international legal system more generally, and including elements of formalism and the New Haven approach. Secondly, it provides a methodological perspective on one of this study’s key strands: the role of non-state actors (specifically, corporations). It does so by addressing the terminology concerning non-state actors and corporate entities; considering the means by which corporate nationality can be established as a matter of international law (including by reference to the law of diplomatic protection, international investment law and the concept of flag state nationality); assessing the role of corporations within the international legal system; and providing an initial analysis of the necessary conditions for corporate rights and corporate obligations under international law. This analysis provides the necessary conceptual backdrop against which this book can evaluate the role of corporate activities within deep seabed mining.
Common Management through Institutional Architecture – What is the Scope of the UNCLOS Deep Seabed Mining Regime and the Role of the ISA within it?
Authors: Dingwall Joanna
Published: August 2021

Chapter 4 evaluates the role of common management in securing a common heritage framework for deep seabed mining beyond national jurisdiction (in the Area). To this end, Chapter 4 assesses the common management system for deep seabed mining within the United Nations Convention on the Law of the Sea (UNCLOS). UNCLOS provides a system of common rules applicable to the Area, together with the regulatory flexibility for this system to be developed and enforced, in practice, by a unique, unprecedented form of institutional power, wielded by the International Seabed Authority (ISA). The chapter includes analysis of the ISA’s progress towards development of the Mining Code, and the functioning of its contract-based licensing process, in practice. Chapter 4 addresses the means by which corporations may become participants in the regime (through state sponsorship, nationality and effective control requirements) and the extent to which the regime filters down to apply to them directly.
Preventing Unilateral Deep Seabed Mining Activities – To What Extent Does the UNCLOS Regime Constrain External Actors?
Authors: Dingwall Joanna
Published: August 2021

Chapter 5 determines whether the common heritage prohibition of unilateral mining activities in the United Nations Convention on the Law of the Sea (UNCLOS) prevents external actors from undertaking deep seabed mining activities unilaterally. In order to ascertain whether this prohibition binds corporate actors outside of UNCLOS, this chapter determines whether the procedural reach of UNCLOS extends to include non-States Parties and their nationals. It does so by considering, firstly, the reach of the regime as a matter of treaty law, including by assessing whether UNCLOS imposes third state obligations or creates an objective regime in relation to deep seabed mining. It also evaluates the status of the regime under customary law, with particular consideration of US practice and the role of the persistent objector doctrine. Finally, it addresses the extent to which the regime imposes direct obligations upon external corporate actors in the form of corporate obligations.
Concluding Remarks on Corporate Entity Involvement in Deep Seabed Mining
Authors: Dingwall Joanna
Published: August 2021

The conclusion addresses the findings reached throughout this study on the role of private corporate actors in the deep seabed mining regime under the United Nations Convention on the Law of the Sea (UNCLOS) and the impact of this upon realisation of the common heritage of mankind. It notes that the ISA is facing significant challenges in devising a workable payment mechanism that will deliver tangible benefits to humanity, while also ensuring sufficient marine environmental protections. The regime’s achievement of the common heritage will be dependent on the regulatory regime of the International Seabed Authority (ISA) fulfilling its potential, and implementing a comprehensive Mining Code to govern the life cycle of deep seabed mining operations. The study concludes by finding that, on balance, the regime is developing in a manner that may render it capable of realising its common heritage goals of securing communitarian benefits to humanity, alongside market-focused objectives. It also concludes that corporate participation may assist in achievement of the common heritage, to the extent that it may provide the commercial means for deep seabed mining to commence.
Various Forms of Differentiation and Majority Voting as an Alternative
Authors: Heber Caroline
Published: August 2021

This chapter sets out the different forms of differentiation and asks whether qualified majority voting in the field of taxation would be a practical and suitable alternative to differentiated law-making. The first sections show that enhanced cooperation is not the only flexibility mechanism within the European Union. Member States can also establish differentiation through primary EU law, secondary EU law, or by using partial international agreements. Partial international agreements may be a real alternative to enhanced cooperation law-making as they grant Member States the possibility to introduce rules which are only binding between some Member States. However, these sections reveal the clear differences between enhanced cooperation laws and partial international agreements which allow a protection of enhanced cooperation laws within the EU’s legal framework. Based on constitutional legal theory, in particular consociational democracy, the second part of this chapter argues that qualified majority voting should not be pursued in the field of taxation because it may lead to a European Union plagued by internal frustration and conflicts. The people of Europe are too heterogeneous, and unlike many other subject areas, taxation is a vehicle to pursue sensitive national policy objectives. Taxation is not only a revenue raiser, it is also a nuanced tool to steer taxpayers’ behaviour, achieve justice and equal opportunities through redistribution, and address economic needs.
Enhanced Cooperation and its Impact on the European Internal Market—Art 326 of the TFEU
Authors: Heber Caroline
Published: August 2021

This chapter explores how the enhanced cooperation procedure interacts with the European internal market. The chapter is divided into three parts: Part I (Fundamental Freedoms) discusses the relationship between the fundamental freedoms and the differentiation established between the Member States. This part of the book focuses particularly on the question of whether or not participating Member States are allowed to protect their harmonised values by way of protective obstacles against non-participating Member States. In the case of trade liberalisation or trade-strengthening enhanced cooperation, we will explore whether the principle of reciprocity can be used to align trade-hampering effects of enhanced cooperation laws with the fundamental freedoms. Part II addresses state aid law issues. The plain wording of the EU Treaties on the prohibition of state aid may give the impression that any form of secondary EU law does not fall within its scope. Since enhanced cooperation law does not bind all Member States, state aid law has to be applied to protect competition between participating and non-participating Member States. Part III explores the compliance of enhanced cooperation law with the European acquis. A particular focus is placed on potential conflict between ordinary secondary EU law and enhanced cooperation laws.
Conclusions and Outlook
Authors: Heber Caroline
Published: August 2021

This chapter provides an outlook and a conclusion. The outlook is based on an analysis of the legal requirements for establishing enhanced cooperation and in particular addresses the question of how the existing provisions in the EU Treaties can be reformed to allow the enhanced cooperation procedure to succeed fully. This chapter suggests amendments to the constitutional framework of enhanced cooperation in particular concerning the right to withdraw from enhanced cooperation and the safeguarding measures. These amendments would not change the aim and purpose of the European flexibility mechanism but would provide more clarity on the limits and options for enhanced cooperation.
Underdetermination and Perceptual Skepticism
Authors: Bergmann Michael
Published: August 2021

This chapter motivates narrowing the book’s focus to a particular kind of argument for perceptual skepticism (the underdetermination argument) and to two main kinds of response to it (inferential anti-skepticism and noninferential anti-skepticism). The first half of the chapter sets aside skeptical arguments (e.g. closure-based arguments) and responses to them (e.g. contextualism, contrastivism, and closure-denial) that overestimate skepticism’s appeal by taking for granted that we don’t know that skeptical hypotheses are false. It also sets aside disjunctivist and “knowledge first” responses to skepticism, both of which underestimate skepticism’s appeal by rejecting the intuitions supporting the New Evil Demon Problem. The second half of the chapter highlights the relative strength of underdetermination arguments for perceptual skepticism, according to which our sensory evidence underdetermines the truth of our perceptual beliefs based on it. This underdetermination problem requires us to be able to infer the likely truth of our perceptual beliefs via good arguments from our sensory evidence, if our perceptual beliefs are to be justified. Given that we aren’t able to make such inferences, the underdetermination argument concludes that our perceptual beliefs aren’t justified. The inferential anti-skeptic’s response insists that we are able to make such inferences. The noninferential anti-skeptic’s response says that, despite the underdetermination problem, our perceptual beliefs can be justified even if we aren’t able to infer their likely truth via good arguments from our sensory evidence.
Inferential Anti-skepticism about Perception
Authors: Bergmann Michael
Published: August 2021

This chapter examines multiple kinds of deductive and nondeductive anti-skeptical arguments from our sensory experience to the likely truth of our perceptual beliefs based on that evidence and finds them all wanting. In the first two sections, it briefly considers deductive anti-skeptical arguments (of the theological and transcendental variety), inductive anti-skeptical arguments from past correlations of sensory experience with true perceptual beliefs based on it, and anti-skeptical arguments based on a priori knowledge of probabilistic principles saying that our sensory evidence for our perceptual beliefs makes probable the truth of those beliefs. In the final three sections, the focus turns to abductive or inference to the best explanation (IBE) arguments, which are currently the most popular anti-skeptical arguments. IBE anti-skeptical arguments conclude that our sensory experience, or some feature of it, is best explained by the truth of our perceptual beliefs. These three sections argue that we lack good reasons for thinking that our sensory experience is better explained by a Standard Hypothesis (saying that the world is approximately as it seems) than by a skeptical hypothesis, such as the hypothesis that a deceptive demon wants to mislead us into falsely believing the world is as it seems.
Global and Memory Skepticism
Authors: Bergmann Michael
Published: August 2021

This chapter begins by briefly considering some direct arguments for global skepticism (according to which none of our beliefs are justified) and finding them unacceptable. It then outlines a piecemeal (underdetermination-based) case for global skepticism, which argues that underdetermination problems afflict not only perception but also memory, a priori intuition, introspection, and reasoning, thereby undermining the justification for all of our beliefs. It also explains what’s wrong with self-undermining objections (e.g. Susanna Rinard’s), according to which the conclusion of arguments for global skepticism (i.e. that none of our beliefs are justified) undermines the rationality of belief in the premises of such arguments, thereby neutering their skeptical force. Finally, it lays out an underdetermination argument for memory skepticism and explains why anti-skeptical arguments from our memory evidence to the likely truth of the memory beliefs based on that evidence are unsuccessful. Although a discussion of the underdetermination problems for a priori intuition, introspection, and reasoning is required to complete the presentation of the piecemeal argument for global skepticism, that discussion is postponed until the following chapter.
Ecumenical Noninferential Anti-skepticism
Authors: Bergmann Michael
Published: August 2021

This chapter employs the intuitionist particularist approach laid out in Chapters Six and Seven to develop an ecumenical noninferential anti-skeptic’s response to the underdetermination arguments (considered earlier in the book) for radical skepticism about perception, memory, a priori intuition, introspection, and reasoning. The sense in which this response is ecumenical is that it can easily be endorsed by both internalists and externalists in epistemology. The chapter concludes by arguing that, despite the ecumenical nature of this anti-skeptical response to radical skepticism, one lesson of the book so far is that there is a sense in which “externalism” of a certain kind (acceptable to both internalists and externalists alike) wins the day.
Ridiculous Beliefs, Irresponsible Beliefs, and Anti-skeptical Evidence
Authors: Bergmann Michael
Published: August 2021

This chapter identifies three more potential problems (in addition to the one discussed in Chapter Nine) for the commonsense intuitionist particularist response to radical skepticism laid out in Chapters Six through Eight, and argues that none of these three alleged problems constitutes an insurmountable objection to commonsense anti-skepticism. The first additional problem is the Problem of Ridiculous Beliefs, according to which noninferential anti-skepticism is committed to approving of a way of responding to skepticism even if that way of responding to skepticism were used to defend ridiculous beliefs. The second is the Problem of Irresponsible Beliefs, according to which unperturbed persistence in endorsing beliefs undefended by argument (e.g. perceptual beliefs), in the face of obvious skeptical possibilities, is epistemically irresponsible. The third is the Problem of Anti-skeptical Evidence, which objects to the view (endorsed by the intuitionist particularism laid out in Chapters Six through Eight) that many of our justified beliefs in anti-skeptical propositions are based on good evidence. The worry behind this last alleged problem is that, even if people can have justified belief in anti-skeptical propositions (i.e. propositions that assert the falsity of radical skeptical hypotheses), there are good reasons for concluding that these sorts of beliefs cannot be based on good evidence. The chapter concludes that, after careful examination of all three problems, commonsense intuitionist particularism emerges unscathed.
Epistemic Intuition and Underdetermination
Authors: Bergmann Michael
Published: August 2021

After briefly considering (in Section 1) the self-undermining worry that arguments for skepticism about epistemic intuition themselves rely on epistemic intuition, this chapter responds to underdetermination-based arguments for skepticism about epistemic intuition. Section 2 lays out the rationale for underdetermination-based skepticism about epistemic intuition and presents the noninferential anti-skeptic’s response. Section 3 highlights the epistemic circularity that is so obvious in that response and explains why, instead of causing trouble for that response, it provides us with a paradigm case of unproblematic epistemic circularity. Section 4 identifies several worries about the possibility of our having duplicates who are victims of deceptive demons (worries connected with disjunctivism, the New Evil Demon Problem, and the positions defended in Sections 2 and 3), and responds to the alleged problems these worries cause for epistemic intuition.
Two patterns for differential object marking: Balkan and Romance
Authors: Hill Virginia , Mardale Alexandru
Published: August 2021

Chapter 2 provides the cross-linguistic background for the discussion of Romanian DOM. First, a short overview of some properties of Romanian grammar points to mixed Balkan and Romance morpho-syntactic patterns throughout this grammar. Thus, the evidence for a similar typological mix in DOM constructions is not surprising. Second, an overview of DOM through CD in Balkan languages is presented, with focus on Balkan Romance. Finally, the Romance pattern through DOM-p is introduced, and Romanian figures among the languages with the most advanced application of this pattern, being grouped together with Sardinian and Spanish. This typology explains why some researchers transplanted the structural pattern proposed for Spanish DOM to Romanian DOM, despite the empirical challenges.
Differential object marking in Old Romanian
Authors: Hill Virginia , Mardale Alexandru
Published: August 2021

Chapter 3 focuses on DOM in Old Romanian, for both direct and indirect objects. The data are organized according to the type of DOM mechanisms, with separate sections for CD, DOM-p, and CD+DOM-p. The focus is on the pragmatic effects of DOM, since this operation is discourse triggered in Old Romanian (i.e., CD for backgrounding, as opposed to DOM-p for foregrounding the object). The discourse triggers for DOM are defined and illustrated, as well as their changes. The synopsis is that CD becomes productive with indirect objects but unproductive with direct objects; DOM-p is at the peak of its productivity with nouns and extends up to the end of both semantic scales (i.e., definiteness/specificity and animacy); whereas CD+DOM-p is in its emerging stages and affects pronouns rather than nouns.