bluuebunny/crossref_metadata_2025 huggingface dataset:
On the Equivalence of Physical Theories
Authors: North Jill
Published: June 2021

This chapter argues against formal accounts of theoretical equivalence in physics. It defends the importance of a theory’s picture of the world and its explanations of the phenomena, drawing on examples from classical physics, Newtonian gravitation, classical electromagnetism, special relativity, and quantum mechanics. The discussion draws a distinction between metaphysical equivalence and informational equivalence and argues that these are equally important to the equivalence of physical theories. The chapter concludes that there are fewer cases of wholly equivalent theories in physics than usually thought. However, this is not a problem, for it is still possible to talk about the various respects in which physical theories are, or are not, equivalent to one another.
Erasmus and Luther
Authors: Ruokanen Miikka
Published: June 2021

For Erasmus, the relationship between God and the human being is rationally and morally acceptable fair play in which both parties have their responsibilities. He follows the teaching of Nominalism: God has promised to grant his grace to anyone who does the minimum that he/she naturally can for receiving grace. “Free choice” means that the human being has the capability of applying him/herself to the things which lead to eternal salvation or turning away from them.Impenitence is a sin that can never be forgiven; moral deeds “attract” grace. For Luther, freedom in moral decisions plays a crucial role in the human community “in front of the world and people,” in relation to the “things below oneself.” But the human being is not free in his/her relation to the “things above oneself,” “in front of God,” or facing the power of unfaith, sin, and demonic evil. Should there be any change in the human’s relation to the realities “above oneself,” it is always a work of God’s prevenient grace effected by the Holy Spirit. Faith is a “new creation” infused into human hearts by God’s Spirit; sola fide is fully a Pneumatological reality for Luther—a fact overlooked in Luther research. The Spirit establishes an intimate union between the Triune God and the human being. Luther creates a massive defense of God’s sovereign grace, sola gratia. The doctrine of two “kingdoms” is the backbone of Luther’s thinking. Erasmus did not make such a distinction; consequently, law and gospel get mixed.
The Enslavement of the Human Being
Authors: Ruokanen Miikka
Published: June 2021

Luther underscores sin as unbelief which cuts off the relationship between the human being and his/her Creator resulting in the imprisonment of the human by sin, death, and transcendental evil. He/she exists in the state of infirmity, incapable of changing his/her basic orientation of life. Sin is weakness, inability to be free. Paradoxically, the enslavement of sin entered humanity when the human being was deceived by an illusion of absolute freedom, independence from the Creator: “man himself wants to be God, and does not want God to be God.” Erasmus criticized Luther for using the deterministic concept of “absolute necessity.” In fact, Luther is not a determinist, but he uses a hamartiological idea of “the necessity of immutability”: the sinner necessarily must continue to be a captive of unfaith until efficient Pneumatological grace liberates him/her. Luther’s thought does not include any notion of “the necessity of coaction.” The sinner freely enjoys sinning unless changed by God. The necessity of immutability concerns the human being’s relation to the “things above oneself,” not to those “below oneself” where natural freedom of will prevails. Luther represents no theodicy, he leaves open the question about where the ultimate origin of evil will lies. God is not the cause of evil will, but he may sometimes use it as an “instrumental cause” for his good purposes. In Luther’s treatise there is no trace of a doctrine of predestination applied to individual human beings. Any notion of double predestination is impossible in Luther’s doctrine of grace.
Is there Any Possibility of Reconciliation between Erasmus and Luther?
Authors: Ruokanen Miikka
Published: June 2021

After five centuries, would it be possible to see any chance of reconciliation between Erasmus and Luther? Looking at this question from the point of view of the three dimensions of the doctrine of grace, we might say some hopeful words. As to the first (1) dimension of grace, at many points even Erasmus admits that human choice must be empowered by God’s grace in order to move in the direction willed by God. But here the real difference is that, for Erasmus, free choice is enabled by the grace given in the creation and it is still naturally efficient in the sinners, whereas Luther sees that there is no freedom because of the human being’s enslavement by unfaith —there is a need for the efficient prevenient movement of the Holy Spirit which alone can create faith. As to the second (2) dimension of grace, following the Catholic tradition, Erasmus knows the conception of (2a) the forensic-juridical forgiveness of sins based on the atonement by the cross of Christ—in this respect there is no real point of controversy between the two. But Erasmus knows nothing about (2b) the union of the sinner with Christ in the Holy Spirit, the Trinitarian participatory conception of justification, central for Luther. In respect to the third (3) dimension of grace, both see possible the cooperation of the believer with God, the difference being Erasmus’ more anthropocentric concept of sanctification if compared with Luther’s emphasis of growth in love enabled by the Holy Spirit.
The Philosophy of Work
Authors: Appiah Kwame Anthony
Published: June 2021

This chapter identifies three domains of philosophical questions about work. First, an ontological issue: What is work? This question is both historical and conceptual, as questions in social ontology usually are. Second, an ethical issue: How does work fit into the good life? The hard problem here is to substitute, in new economic conditions, for the four main things a good job currently does: first, produce the goods and services we need, while also providing people with income, sociability, and significance. These are issues on which many popular writers on the “Fourth Industrial Revolution” and on globalization have, of course, written for some time. But what’s lacking, the chapter claims, is serious organized reflection on the normative issues raised by these challenges. And that leads to the third cluster of concerns: How should law and other sources of normative authority be configured to allow work to contribute to the flourishing of workers, and how should the opportunities and rewards of work be shared?
Politics, Truth, and Respect
Authors: Turner Jonathan
Published: June 2021

Some claim that comprehensive liberalism is exclusionary on the ground that it ignores false but reasonable views. They claim that, insofar as the political liberal state bases its policy on views for which it claims reasonableness but not truth, it respects citizens in a way that comprehensive liberalism does not. The chapter argues that this is false. It distinguishes between ignoring a false view and ignoring the fact that someone holds a view (that happens to be false). Comprehensive liberalism does the former, but this is far from committing it to the latter also. Due respect is paid to citizens by taking appropriate account of the fact that they hold views other than those endorsed by the state. The chapter suggests a variety of ways in which this might be done. It argues that the comprehensive liberal state may reject views as untrue while respecting those who hold them because its attitude towards citizens is premised on the understanding that we are all interested in what really is just, and we are all concerned in trying to find out what that is. None of us wants a false view to be accepted—because it is false. The state respects a person’s capacity for reason by occupying the same epistemic ground as she does on the question of her belief, taking her to be a sincere but fallible inquirer after the truth, rather than patronizing her by remaining neutral in a way that she does not.
The Use and Abuse of Principles
Authors: Neves Marcelo
Published: June 2021

This chapter reviews the use and abuse of principles in the Brazilian constitutional doctrine and practice. First, the problem of doctrinal fascination will be addressed, pointing out theoretical and jurisprudential mistakes. The misguiding and acritical reception of the theory of principles in Brazil is questioned considering leading Brazilian constitutional scholars who transplant foreign theoretical models without taking seriously the Brazilian legal order and its social context. Second, the book makes some critical comments on confused constitutional practices related to principles, considering some cases judged by the Brazilian Federal Supreme Court. A historical constitutional case and some recent constitutional cases are analysed considering the disparate application of balancing and proportionality.
Deconversion Narratives
Authors: Scheidt Hannah K.
Published: June 2021

This chapter analyzes over 200 deconversion narratives (accounts of the loss of faith and the adoption of an atheist position) from an online atheist forum community. This chapter shows how notions of atheist identity develop in direct relation to notions of religious identity. Appeals to what is “natural” or “authentic” and descriptions of a progressive process of maturation or enlightenment appear in these narratives as ways to imagine atheist identity as starkly different from religious identity. The analyses in this chapter reveal a more complicated story, however, as the narratives also nod to the importance of authority, media, and new community in the formation of atheist subjects. This suggests that becoming an atheist entails not only divesting a religious identity but also adopting a new identity: one that is personal as well as communal.
Conclusion
Authors: Scheidt Hannah K.
Published: June 2021

The conclusion to Practicing Atheism outlines areas for further analysis. Specifically, it observes how questions of identity politics and “atheist intersectionality” lurk throughout the book. The conclusion provides an explanation for the fraught state of identity politics in atheism based on “Enlightenment zeal,” or a contemporary interest in recovering Enlightenment values. The conclusion also introduces the questions of whether an atheist “tradition” exists and how scholars might locate and narrativize such a tradition if it exists. Though many of the materials of contemporary atheist culture analyzed in this work are forgetful or dismissive of the past, there are ways that they harken to much older practices and materials. This chapter concludes with a statement on the theoretical takeaways of the ritual model developed throughout the book.
Introduction
Authors: Loxton James
Published: June 2021

This introductory chapter presents the central puzzle of the book and sets the stage for the chapters to come. The first section defines the terms “conservative party” and “party-building.” The second section discusses the rise of the “new right” in Latin America during the 1980s. The third section presents data on new conservative parties formed in the region between 1978 and 2010. It highlights the puzzling fact that all of the successful cases (e.g., UDI in Chile, ARENA in El Salvador) were authoritarian successor parties, while those with more democratic origins (e.g., UCEDE in Argentina, PAN in Guatemala) failed. The fourth section briefly lays out the book’s argument about authoritarian inheritance and counterrevolutionary struggle. The fifth section considers potential alternative explanations. The final two sections discuss research design and provide a road map for the rest of the book.
A Theory of Conservative Party-Building
Authors: Loxton James
Published: June 2021

This chapter lays out the book’s theory of conservative party-building, emphasizing two independent variables: (1) authoritarian inheritance and (2) counterrevolutionary struggle. The first section examines the challenges of conservative party-building in contemporary Latin America. The second section discusses the concept of authoritarian inheritance, arguing that authoritarian regimes can endow their partisan successors with a range of valuable resources. The third section discusses the role of counterrevolutionary struggle, arguing that intense struggles to preserve the existing order from a government perceived as an existential threat can serve as a powerful source of cohesion. The final section asks why conservative authoritarian successor parties emerged in some Latin America countries but not others, showing that this can be predicted with a high degree of accuracy by looking at three simple antecedent conditions.
UCEDE
Authors: Loxton James
Published: June 2021

This chapter examines the failure of the UCEDE in Argentina, and compares it to the success of the UDI in Chile. The first section discusses the long history of conservative party weakness in Argentina. The second section asks why no “Argentine UDI” emerged from the 1976–1983 military regime, arguing that its poor governing performance—including, notably, its defeat in the 1982 Falklands/Malvinas War—made the formation of such a party unviable. The third section examines the emergence of the UCEDE, emphasizing its much weaker starting position relative to the UDI. The fourth section discusses the fall of the UCEDE, which suffered a series of schisms and a sharp drop in electoral support after newly elected President Carlos Menem (1989–1999), a Peronist, began to implement much of its economic program. While the proximate cause of the UCEDE’s collapse was the Menem government, the chapter argues that the deeper cause was the party’s various built-in weaknesses.
Other Attempts at Conservative Party-Building in Latin America
Authors: Loxton James
Published: June 2021

This chapter examines a number of other high-profile attempts at conservative party-building in Latin America. The first section examines RN in Chile, the PFL/DEM in Brazil, ADN in Bolivia, and Fujimorismo in Peru. Like the UDI and ARENA, all four were authoritarian successor parties; unlike the UDI and ARENA, however, they did not emerge from intense counterrevolutionary struggles and all faced serious problems of cohesion. The second section examines the Party of the U in Colombia, arguing that it was the “exception that proves the rule,” given its ties to violent armed groups. The third section considers four potential alternative paths to conservative party-building: (1) opposition to authoritarian regimes, (2) corporation-based parties, (3) the subnational strategy, and (4) conservative fusion. It discusses the viability of each by looking at several high-profile historical cases, and considers the implications for new conservative parties that cannot yet be definitively scored, notably the PRO in Argentina.
The Perennial Either/Or
Authors: Jackson Timothy P.
Published: June 2021

I argue that the objective contrast between Judaism and Nazism is the perennial either/or between love and hate, humanity and inhumanity, a contrast that Hitler recognized in outline. The foremost natural law for Hitler was Darwinian survival of the fittest, but the basic divide between the biblical God and Hitler’s pantheism resonates through five related pairs of axiological poles and is applicable to both men and women: (1) a transcendent Creator who governs human life with love and justice versus an immanent creator that governs human life with survival of the fittest and will to power; (2) human solidarity based on sharing the image of God versus a master race destined to subordinate and/or eliminate inferiors; (3) universal moral norms binding on all human beings versus elitist privileges applicable only to the dominant few; (4) the relativizing of tribe and bodily instinct versus the valorizing of tribe; and (5) the treasuring of life, especially for the weak and vulnerable versus the celebration of death, especially for the weak and vulnerable.
Naming Good and Evil
Authors: Jackson Timothy P.
Published: June 2021

Both pseudoscience and pseudo-ethics appear to embrace legitimate means and ends, while actually subverting them. Analogously, Nazism did not simply deny or contradict Judaism; it borrowed from Judaism and twisted it to its own purposes. Here I analyze eight interwoven dynamics of Hitlerite deceit: (1) the appeal to schadenfreude rather than to a sense of justice; (2) the masking of schadenfreude itself as a sense of justice; (3) the appeal to “Nature” rather than to God; (4) the masking of “Nature” itself as God; (5) the rejection of many Jewish and Christian teachings as anti-Aryan; (6) the masking of Jesus himself as an anti-Semitic Aryan; (7) the rejection of Jewish “legalism” as decadent and racially motivated; and (8) the masking of Nazi racism and genocide as itself legal. So many leaps of illogic are involved that some commentators doubt that the Nazi leadership believed what they were saying, but I do not underestimate the aptitude for self-deception at every level of the Third Reich.
Conclusion
Authors: Jackson Timothy P.
Published: June 2021

Perhaps the most famous and controversial witness from a victim of the Holocaust is Anne Frank’s: “in spite of everything I still believe that people are really good at heart.” Bruno Bettelheim pounced on this remark as a tragic blindness to and acquiescence in evil: “Anne Frank died because her parents could not get themselves to believe in Auschwitz. And her story found wide acclaim because for us too, it denies implicitly that Auschwitz ever existed. If all men are good, there was never an Auschwitz.” In concluding, I examine Anne Frank’s case and, contra Bettelheim, praise it as emblematic of Judaism generally. Anne was not naïve or in denial about Nazi wickedness; she was, rather, a Suffering Servant, a modern Mordecai. She did not bow down to temporal authority, but she refused to hate even when faced with despite and death. Thus she was a light to the nations.
A Forest Future?
Authors: Rowlands Mark
Published: June 2021

The other climate benefit of no longer eating meat is that it will make available huge swathes of new land for afforestation—the return of forests to land that has not recently been forested. One consequence of the inverted energy returned on energy invested (EROI) of meat is that we use far more land for farming than we would need if our diet were to be exclusively plant based. In the United States alone, somewhere in the region of 834 million acres could be made available through this strategy, much of it suitable for afforestation. Even the afforestation of land not currently used for farming has the potential to reduce global carbon dioxide emissions by nearly one-third. Adding in land currently dedicated to animal grazing and feed crops is a potentially game-changing development in the fight against climate change.
Pale Horse
Authors: Rowlands Mark
Published: June 2021

The third benefit of no longer eating animals is a reduction in the prevalence of zoonotic diseases: diseases acquired from a nonhuman, vertebrate host. The majority of temperate diseases, almost all tropical diseases, and probably all newly emerging infectious diseases are zoonoses or they have zoonotic origins. A zoonotic pathogen can go through five stages, in which it transforms from one that afflicts only nonhuman species to one that is exclusively human. There are several factors that determine the likelihood of such a transformation. The most important of these, since it is most under our control, is the frequency of encounters between us and the animal reservoir. Eating animals and disturbing their environment are the two forms of human behavior most likely to increase frequency of encounters. Moreover, most disturbance of the environment is caused by expansion in animal agriculture. Eating animals, therefore, is the most important cause of zoonotic diseases.
One Hundred Years of Ineptitude
Authors: Rowlands Mark
Published: June 2021

Most animal pathogens that infect humans employ an intermediate host. The original hosts of most coronaviruses are various species of bat. The original host of all flu viruses is the duck. But we tend to catch coronaviruses from animals that have been infected by bats. Influenza is more likely to be passed on by chickens or pigs. By eating animals, we engineer many opportunities for species, and their pathogens, to mix and mingle. We turn animals into intermediate hosts of harmful pathogens by inserting them into a particular point on a food chain that leads, ultimately, to us. These ideas are explained via SARS-CoV-1&2, the Spanish flu, the H5N1 influenza virus, and Nipah virus, among others. The role played by animal agriculture in virus mutation and reassortment is explained. By no longer eating animals, we would largely eliminate the threat of zoonotic diseases.
Thieves, Cut-Throats, and Confederates
Authors: Grasso Christopher
Published: June 2021

During the second half of 1862, Kelso was part of expeditions of as many as two hundred men against enemy bases in northern Arkansas and against large bodies of horsemen riding through Missouri’s southwest corner. He commanded detachments of seventy-five to one hundred twenty-five men on patrols taking rebel prisoners and killing rebel guerrillas, the bushwhackers who spread terror through the loyal populace. He helped lead strike forces of sixty to eighty riders against outlaw nests and guerrilla hideouts. With squads of eight to ten men, he attacked small enemy camps. Sometimes he wound up charging bushwhacker cabins by himself. Kelso’s regiment became a potent counter-insurgency force, though it was sometimes hard to tell a murderer from an honorable enemy soldier. As he fought cut-throats and Confederates, he also learned that not all the thieves were on the opposing side.
Great Infidel
Authors: Grasso Christopher
Published: June 2021

Kelso tried to reinvent himself as a public lecturer, giving talks describing his military adventures but also voicing radical views on marriage and religion. To earn a living, however, he had to return to itinerant school teaching. But he also kept writing, producing hundreds of pages of poetry, essays, and lectures, including freethinking treatises on God and the Bible and a book-length verse satire. He participated in the civic life of Modesto, a railroad boomtown that had sprouted next to vast wheat fields and was run by its saloon bosses—except on those occasions when vigilantes donned masks to clean up the town. In 1881, he climbed a Colorado mountain he dubbed “Great Infidel,” in honor of himself, and pondered his “desolate and storm-beaten life.”
Support and Resistance
Authors: Packard Thomas
Published: June 2021

Gaining and maintaining support for the change process must occur throughout the initiative, with a particular emphasis on supporting staff who are involved and, as part of that, dealing with any of their concerns or resistance to the change process. A great deal of attention needs to be paid to developing, and then maintaining, support from staff and other stakeholders for the process. This includes identifying and dealing with resistance, especially by understanding the sources of resistance and proactively addressing them, for example, by providing training and other necessary resources. It is important that adequate resources in terms of staff time and any necessary financial and technological support are made available. Widespread participation of staff in the change process will be a potent source of support. Care should be taken not to “overtax” staff by requiring too much of their time for change activities.
Quality and Efficiency Improvement Processes
Authors: Packard Thomas
Published: June 2021

Quality improvement processes such as Total Quality Management and Continuous Quality Improvement (CQI) are organizational change models that are increasingly being used in human service organizations. The CQI model of plan, do, study, act is a useful analytical tool to identify ways to improve services in fields such as child welfare. Technologies such as a workflow analysis and cause-and-effect diagrams originated in manufacturing settings but are directly applicable to service delivery processes in human service organizations. All these methods involve work teams within a program analyzing the processes for working with clients as they move through the service delivery process, looking for unnecessary steps or ways to remove barriers and improve services for clients. Depending on the assessment of conditions in the organization experiencing a change process, any of these may be used, either on an organization-wide basis or as needed within particular programs or work teams.
Organization Redesign
Authors: Packard Thomas
Published: June 2021

Organizational restructuring, or, more fully, organizational redesign, is a commonly proposed solution for major organizational problems. It should only be considered after a thorough analysis of existing conditions and desired outcomes. If, in fact, redesign is an appropriate change technology, it should be approached thoughtfully and comprehensively, with attention to both structure and organizational processes. There are criteria for a good design of an organization and process criteria for a redesign process that could be followed in any redesign effort. This should be a broad, participative process for engaging many of the staff affected through structures such as a steering committee and design teams. Business process reengineering is a redesign strategy that has a very mixed, and probably overall negative, reputation. While some of its techniques can be used positively and ethically, applications of business process reengineering principles should be considered very thoughtfully. Ethical considerations are important when staff layoffs are considered.
Where We Have Been and Where You may Go
Authors: Packard Thomas
Published: June 2021

Organizational change is directed toward providing outstanding services and has a secondary purpose of providing a high-quality working life for staff. This chapter reviews the 12-step change process used in this book. Chapters on change methods can be seen as “menus” of items to be used as appropriate. Particular attention should be paid to assessment: The executive or other change leader should engage in thoughtful assessment about one’s own capacities and readiness for organizational change. This same assessment should be done for staff and the organization as a whole. It is important to remember that human service organizations are “moral organizations” with clear ethical principles and standards and missions to reduce suffering and social inequality. “Disruptive engagement” can be effective in rehumanizing work. Human service organizations face daunting challenges, but these can be met by competent and committed leaders and others in an organization. Planned organizational change can help.
Where Narrative and Performance Meet
Authors: Yohannan Rizio
Published: June 2021

This chapter contextualizes and provides a translation of the Rāmāyaṇa Saṃkṣēpam, a concise summary of the Ramayana story, which serves as a training manual for a Kutiyattam artist preparing for the stage. It is taught by the guru to the disciple during the earliest stage of Kutiyattam training. Each of the five active schools of Kutiyattam in Kerala uses its own abridged version of the story to initiate pupils into an extended multiphase training of the performance form through gesture and facial expression. Performed in a seated posture, the Rāmāyaṇa Saṃkṣēpam demonstrates episodes in the Ramayana story with a focus on specific characters and a gamut of emotions which provide the basic vocabulary of Kutiyattam performance. The summary that is translated here is sourced from a handwritten text in Malayalam belonging to the Nepathya School in Moozhikkulam, Kerala.
Performing the Argument
Authors: Akshara K. V.
Published: June 2021

This chapter elaborates on a predominantly oral performance tradition called Talamaddale which is linked to the popular traditional form of Yakshagana performed in the southern state of Karnataka, India. Unlike the song, dance, and spectacle of Yakshagana, Talamaddale is known for the improvisatory verbal skills of actors who engage in intricate debates around specific characters and situations from the Ramayana narrative and other puranas. Highlighting the performative aspects of Talamaddale, the chapter interrelates three layers of texts which are illustrated with vivid examples: the written prasaṅga or narrative; the songs from the prasanga sung by the bhāgawata or lead singer; and dialogues that are improvised between the actors in each performance. Focusing on the relationship between Talamaddale and the Ramayana narrative tradition, the chapter shows how episodes from the source texts are selected, elaborated, interpreted, and textured into argumentative performances in which different episodes from diverse versions of the Ramayana narrative come alive through debating techniques and verbal repartee.
The Night before Bhor Ārti
Authors: Rani Bhargav
Published: June 2021

This chapter analyzes the nature and modes of audience participation in the month-long Ramlila of Ramnagar in Banaras. In contrast to the dominant scholarship that concentrates largely on the Ramlila’s singular dramaturgical structure, this chapter focuses on the everyday experiences of the līlā premīs (“lovers of the lila”) who negotiate and frequently subvert the phenomenology prescribed by the Ramlila’s ritual structure and protocols. Drawing on ethnographic fieldwork, the chapter maps the multitude of playful or ludic practices that the pilgrims engage in during their attendance of the ritual, culminating in the long and playful night of waiting for the Bhor Ārti on the penultimate day of the Ramlila. Contextualizing its analysis within a broader culture of leisure and pleasure celebrated in Banaras as Banarasipan, the author argues that the Ramnagar Ramlila is an intensified experience and expression of Banarasipan.
The Challenges Ahead
Authors: Bharucha Rustom
Published: June 2021

The concluding chapter focuses on the challenges that lie ahead in researching the multiple dynamics and contexts of performance in the Ramayana tradition. It highlights the need to prioritize the vocal and acoustic dimensions of Ramayana performance which tend to be undermined by the priority given to the visual aspects of movement, gesture, and spectacle. At an interpretive level, the essay calls attention to the ways in which specific codes and conventions of a particular performance tradition can be altered through individual performative choices. Calling attention to the challenge of translating the nuances of context-specific performance categories from different Indian languages, the chapter also highlights the need to research Ramayana performances as a means of livelihood for subaltern performers. The essay concludes by reflecting on the challenges posed by the political culture of the Hindu Right, which tends to oppose a pluralist affirmation of diverse renderings of the Ramayana narrative.
Divorce
Authors: Katz Sanford N.
Published: June 2021

This chapter assesses divorce, both as a termination of a marriage and as the legal, social, and psychological reorganization of that relationship and the parent–child relationship established through the marriage. “Reorganization” is an appropriate descriptor because the divorced couple may have a continuing relationship, albeit altered by post-divorce property and child custody arrangements. Alimony and the assignment of property may continue the adult relationships, but on a level different from marriage. Likewise, the judicial award of a child's custody to one parent or another changes the relationship from what it was during marriage. Ultimately, the petition for divorce not only restricts the personal autonomy of the couple but also limits their relationship with their children at least until they reach majority. The chapter then details the American divorce laws and procedure.
1491
Authors: McHugh Dominic
Published: June 2021

Chapter 7 harnesses a huge number of new archival documents to reveal the story behind Meredith Willson’s ill-fated final musical 1491. In writing a flattering musical about Christopher Columbus, Willson was out of step with the civil rights movement, and both personal problems (including the death of his wife) and collaborative issues (with the producer) meant that his final musical never even made it to Broadway. The chapter discusses the extant songs, critiques the many drafts of the book, and charts the show’s progress to the stage with several collaborators. In a final section, the chapter also examines Willson’s aborted attempts to write several other shows including Dennis the Menace.
A General Overview of Proportionality in IHL
Authors: Cohen Amichai , Zlotogorski David
Published: June 2021

The third chapter is intended to provide the reader with basic knowledge regarding the principle of proportionality and its context in current IHL. The chapter begins with a description of how proportionality developed in contemporary IHL, from the Lieber Code of 1863 to the First Additional Protocol to the Geneva Conventions in 1977. It then analyzes whether the principle of proportionality is a general principle in IHL, that requires states to minimize harm to civilians, or, as some believe, a very specific obligation that applies in specific circumstances. The chapter then places the discussion of the principle of proportionality within the wider context of the changing nature of armed conflicts. Specifically, the chapter includes a detailed discussion of the relationship between proportionality in IHL, and parallel obligations in international human rights law, which applies in many modern armed conflicts.
Direct Participation in Hostilities and Its Effect on Proportionality
Authors: Cohen Amichai , Zlotogorski David
Published: June 2021

Unlike members of the armed forces and combatants who can be targeted, civilians are protected from direct attack. However, civilians do not always enjoy protection. When civilians take a direct part in the hostilities, such as by taking up arms against the enemy, they lose their civilian protection and can be lawfully targeted. Classifying a civilian who is directly participating in hostilities as such is relevant to proportionality as well as to the principle of distinction, as it changes the proportionality analysis in two complementary ways. First, an attack on a civilian that is taking a direct part in hostilities would arguably augment the expected military advantage of the strike. Second, such civilians do not enjoy protection from attack and are also not considered civilians in the proportionality assessment. This means that classifying civilians as direct participants in hostilities might make an otherwise disproportionate attack proportionate, and vice versa. This chapter explains the concept of direct participation in hostilities, and its relevance to the proportionality analysis.
Human Shields and Proportionality
Authors: Cohen Amichai , Zlotogorski David
Published: June 2021

In contemporary armed conflicts, there is a growing tendency, particularly among certain non-state actors, to operate from within civilian concentrations such as villages, towns, and cities; and to locate military installations in proximity to civilians and civilian objects. By locating military objectives within civilian concentrations, non-state actors aim to use civilians and civilian objects in a manner that will frustrate their opponents’ military activities. This tactic—known as the use of human shields—attempts to create a legal barrier, as in certain cases it would be prohibited to attack military objectives if the attack is expected to result in disproportionate harm to civilians. This chapter discusses the issue of human shields and their effect on the application of the principle of proportionality while distinguishing between voluntary and involuntary human shields. We suggest that involuntary human shields should be considered civilians for the purpose of application of the principle of proportionality and explain when civilians should be considered involuntary human shields.
The Vagueness of Proportionality
Authors: Cohen Amichai , Zlotogorski David
Published: June 2021

When considering the term “proportionality,” most people intuitively assume that a quantitative value that can be attached to it. In this chapter, this assumption is questioned. First, the chapter presents empirical evidence that indicates that there is no agreement on a specific numerical formula among IHL experts or military officers. Second, the chapter critically evaluates attempts to create a formula for evaluating proportionality. Third, the chapter discusses the use of “rules of thumb” to reduce the uncertainties of the application of proportionality. We conclude that the principle is inherently vague, and intentionally so. No amount of knowledge or experience can lead to the same results, nor is it the goal of the principle of proportionality to achieve the same results across the board. In this regard, proportionality in IHL is not about numbers so much as it is about ensuring the undertaking of a process that weighs competing interests. The relative weighting to be used in any given case is intentionally left open, beyond the purview of the principle.
Understanding Disinformation Operations in the Twenty-First Century
Authors: Barela Steven J. , Duberry Jérôme
Published: June 2021

Remarkable developments in digital technologies have provided the conditions for a dramatic rise in state-sponsored disinformation operations crossing international borders. Spreading dezinformatsiya has a long history, but today it is done with a volume and accuracy that has left the targeted societies deeply destabilized as facts and events become sharply contested among citizens. This chapter is a descriptive work illustrating the essential components of this activity and draws three important conclusions. First, because disinformation aims to twist the truth in subtle ways when key facts remain secret and unavailable, exposing an operation becomes a tedious and difficult task. Second, the new digital world has opened the door to omnipresent operations that occur below the threshold of armed conflict and are accelerated exponentially by big data warehousing and algorithms that allow individualized targeting during an election cycle. Third, when disinformation operations disrupt the flow of information during a political campaign, the candidates involved and the process itself emerge with a dangerously eroded legitimacy. With a view to fill in critical missing data, the chapter ends with a clarion call to allow access for social scientists to study in detail of what is happening in the opaque public square of online social media wherever more political understanding is being fashioned.
The Specter of Chinese Interference
Authors: Sukumar Arun Mohan , Deo Akhil
Published: June 2021

This chapter offers a framework for scholars and policymakers to analyze China’s influence operations focused on India’s political and electoral processes. By analyzing recent evolutions in China’s approach to disinformation, the unique characteristics of India’s digital public sphere, the proliferation and dominance of Chinese apps in India, and tensions in the Sino-Indian relationship, the chapter argues that China has multiple levers to interfere in India’s elections and has shown an increasing willingness to exercise them elsewhere. Although evidence is scarce that China has already done so, the chapter calls for heightened scrutiny from India’s local and federal governments, national security apparatus, technology companies, international watchdogs, and other actors tracking the resilience of democratic processes in the digital age.
A Swedish Perspective on Foreign Election Interference
Authors: Fjällhed Alicia , Pamment James , Bay Sebastian
Published: June 2021

This chapter focuses on the Swedish approach for safeguarding electoral processes, using the experience from its 2018 elections as a case study. Sweden serves as a particularly interesting example due to the measures it took ahead of its 2018 election, especially its strategy of bottom-up initiatives that emphasize building societal resilience rather than a top-down government regulatory approach. By exploring the characteristics of Swedish society and the implications of Swedish efforts made prior to the 2018 general election, the chapter presents suggestions for how these insights might help other state and nonstate actors within the international community develop similar countering strategies for foreign election interference, while also addressing the dilemmas facing such an approach. The chapter concludes by discussing lessons learned and the challenges facing government authorities seeking to employ similar strategies in the future to counter foreign election interference in Sweden or abroad.
When Does Election Interference via Cyberspace Violate Sovereignty?
Authors: Van de Velde James
Published: June 2021

When does foreign election interference via cyberspace violate U.S. sovereignty, and when do such violations warrant a response? When do violations of sovereignty constitute “armed attacks” or “acts of war”? This chapter posits triggers for discerning such violations of sovereignty. The rough determining factor ought to be whether activities in cyberspace were those of an authorized user. Malicious cyberspace operations that do not involve unauthorized activity should not be considered a violation of sovereignty (though they may be politically concerning). But any unauthorized state activity in another state’s networks (e.g., change of code or unauthorized access) ought to be considered a violation of sovereignty. While the U.S. Congress has the authority to “declare” war, what constitutes an “act of war” remains the discretion of the U.S. commander in chief and is almost entirely a political assessment. There is no defined legal or technical trigger to discern a cyberspace operation as an “act of war,” though something as simple as an information operation that caused mass rioting and death could conceivably be called an act of war (such as claiming the U.S. government created and disseminated the coronavirus). Notably, no cyberspace operation has to date been declared an act of war by any U.S. president.
Foreign Election Interference and International Law
Authors: Keitner Chimène I.
Published: June 2021

This chapter explores the possibilities, and limitations, of international law in regulating states’ attempts to influence each other’s elections. The principles of sovereignty, territorial integrity, political independence, self-determination, and nonintervention reflect core understandings about the attributes and entitlements of states in the international system. The chapter begins by tracing attempts to further codify the nonintervention principle in the 1960s and 1970s. It then examines the tension produced by states’ conflicting desires to preserve the greatest possible freedom of action for themselves and to constrain the behavior of others. To date, this dynamic has impeded the ability to formulate explicit treaty-based solutions to the problem of foreign election interference. Identifying customary international law in this area requires inferring specific conduct-regulating rules from general principles, which can yield contested results. States are unlikely to agree to more granular, binding international rules as long as regimes currently in power benefit from constructive ambiguity. Although agreement on more concrete rules and enforcement mechanisms might remain elusive, like-minded states should continue to emphasize the importance of supporting peoples’ abilities to determine their own political destinies. This requires, at a minimum, promoting an antideception norm as a matter of both domestic and international law.
Cybersecurity Abroad
Authors: Kilovaty Ido
Published: June 2021

As states increasingly use cyberspace to sophisticatedly influence and interfere in elections abroad, the question arises whether international human rights law (IHRL) obligations relevant to such operations—such as the rights to privacy and self-determination—apply extraterritoriality in that context, thus limiting the ability of that state to engage in such activity when it infringes on the rights of foreign individuals. Existing spatial and temporal notions of IHRL’s applicability are difficult to effectuate when transplanted to a domain that lacks physical territory, and where no single state or nonstate actor may claim to be in exclusive effective control of it. This chapter argues that the focus on territoriality may undermine the ability to respect, protect, and fulfill human rights in cyberspace. The growing involvement of states in election interference operations in cyberspace will necessarily mean that more individuals will be affected, giving rise to a concern about the efficacy of IHRL in the wake of technologies that defy territorial boundaries. To conclude, this chapter proposes an alternative method of thinking about IHRL in cyberspace, focusing on a standard of “virtual control” supported by an assessment of the adverse effects experienced by foreign individuals.
Defending Democracies via Cybernorms
Authors: Hollis Duncan B. , Neutze Jan
Published: June 2021

This chapter surveys the most prominent existing regulatory mechanisms for combating foreign election interference today—international law, domestic law, and technical measures—and explains the gaps and challenges each faces. To supplement these responses, the chapter calls for democracies to develop and apply cybernorms—socially constructed shared expectations of appropriate behavior for members of a particular community. The chapter’s central claim is that states and other stakeholders should affirmatively construct international norms tailored to the challenge of online foreign election interference, including delineating “out-of-bounds” behavior vis-à-vis foreign elections and setting expectations for assistance or cooperation when such behavior occurs. The chapter acknowledges cybernorms are not a salve for all wounds. Yet they build off new norm candidates from the G7 and the Paris Call for Trust and Security in Cyberspace to highlight how cybernorms can provide critical tools to a broad, multilayered, and multidisciplinary response to the threat of foreign election interference.
Using Campaign Finance Reform to Protect U.S. Elections from “Dark Money” and Foreign Influence
Authors: Vandewalker Ian , Norden Lawrence
Published: June 2021

Russian interference in U.S. elections has shined a light on gaping holes in the longstanding rules designed to protect against foreign political influence through spending from abroad on American elections. There are three key areas where U.S. elections are most vulnerable to political spending directed by foreign powers: the internet, “dark money” groups that do not disclose their donors, and corporations and other business entities with substantial foreign ownership. A comprehensive set of campaign finance reforms is needed to shore up the United States’ defenses against foreign election spending; the chapter describes those necessary reforms.