bluuebunny/crossref_metadata_2025 huggingface dataset:
John Davenant and the Synod of Dordt
Authors: Lynch Michael J.
Published: June 2021

This chapter has as its focus the British delegation’s role in the formation of the Second Main Doctrine—on the extent of Christ’s atoning work—at the Synod of Dordt. After expositing a couple of key documents by James Ussher and John Overall, the chapter carefully inspects and summarizes never-before-studied manuscripts tracing the role of the British delegation in shaping the actual form of the Canons of Dordt on the extent of Christ’s work. Indeed, by looking at the British suffrage and their comments on the various early drafts of the Canons, this chapter undoubtedly proves that the Canons were written in such a way as to allow space for English hypothetical universalism within its confessional bounds.
Conclusion
Authors: Lynch Michael J.
Published: June 2021

This final chapter concludes this study of John Davenant’s hypothetical universalism. It reiterates the various arguments made throughout the work, especially revolving around Davenant’s relationship to the Reformed tradition. It concludes, based on the evidence of the work as a whole, that Davenant’s hypothetical universalism carries on a significant trajectory of Reformed theology reaching back into Augustinianism itself. Moreover, the chapter reckons that interpreters of English hypothetical universalism have too often lumped it together with French Amyraldianism. Finally, the chapter registers the difficulty De Morte Christi poses for the modern interpreter. It is hoped that this study alleviates some of that difficulty.
An Introduction to Proportionality
Authors: Cohen Amichai , Zlotogorski David
Published: June 2021

The first chapter of the book presents the basic definition of the principle of proportionality in International Humanitarian Law (IHL) as well as the reason this book was written—the major problems that currently exist regarding the understanding and application of proportionality. The chapter also explains how proportionality relates to the other primary principles of IHL, especially the principle of distinction and the principle of military necessity. The chapter further presents the basic legal texts in which the principle of proportionality appears. Finally, the chapter details the structure of the book and the different legal issues that will be discussed in this work.
Ethical and Constitutional Foundations
Authors: Cohen Amichai , Zlotogorski David
Published: June 2021

This chapter begins by tracing the historical sources of the principle of proportionality since antiquity. It then presents three possible justifications for this principle. First, the chapter discusses the Just War tradition of proportionality. It then moves on to explain why a utilitarian or rational view of IHL would also support the principle of proportionality. Next, the chapter discusses a justification for the principle of proportionality under the theory of IHL as a mode of societal and political control. The last part of the chapter places the discussion of proportionality in IHL in the wider context of the principle of proportionality as a general principle in constitutional and administrative law.
Procedural Aspects of Proportionality
Authors: Cohen Amichai , Zlotogorski David
Published: June 2021

In this chapter, it is suggested that the focus of the application of the principle of proportionality in practice lies in the procedural aspects of the principle—the precautions taken before an attack, the decision-making processes, and the institutions put in place in order to verify whether the rule of proportionality was applied. Based on this insight, the chapter concludes proportionality is a highly bureaucratized mode of operation, in which a specific set of procedures is followed. These procedures are justified both because they create a heightened awareness of the value of human lifes, and because they provide an effective way to control the actions of soldiers. The chapter then discusses several aspects of this procedural approach: the proper decision-maker; the requirement to provide advanced warnings; the duty to gather intelligence before an attack is launched; and the role of the military legal advisor.
The Future of Proportionality
Authors: Cohen Amichai , Zlotogorski David
Published: June 2021

The final chapter of the book presents three developments in modern warfare that might affect the way the principle of proportionality will be applied in the future. The first is the development of “image-fare”—the use of the way that the armed conflicts and their effects are perceived through the lenses of the media and social networks; second, cyber warfare, and its influence over the interpretations of proportionality; and third, the development of autonomous weapon systems. The chapter suggests that all these areas might change the way we perceive the principle of proportionality, and that further research should be directed at exploring these changes.
The Dangers of Forceful Countermeasures as a Response to Cyber Election Interference
Authors: Van De Velde Jacqueline
Published: June 2021

Cyberattacks are increasing in frequency, publicity, and impact, making significant cyber episodes a hallmark of modern foreign policy. One subset of these cyberattacks is state-supported interference in elections. For this form of election interference, existing international law offers states limited response options. This predicament has led some state officials and international legal experts to champion creative interpretations of international law that would allow forceful retributions—or “forceful countermeasures”—on cyber election interferers to dissuade states from conducting online election interference. This chapter explores both the existing international legal framework that apples to cyber interference in elections and the proposals to accept the possibility of forceful countermeasures. It concludes that although countermeasures are available above the use-of-force threshold, states should resist engaging in forceful countermeasures when addressing cyber election interference. States can employ other mechanisms, including drafting a new treaty regulating interference in the digital age, rather than stretching countermeasures doctrine beyond a prudent scope.
Election Interference
Authors: Ohlin Jens David
Published: June 2021

Foreign interference is a violation of the membership rules for political decision-making, that is, the idea that only members of a polity should participate in elections. Outsiders are free to express their opinions, but covertly representing themselves as insiders constitutes a violation of these political norms, which are constitutive of the notion of self-determination. The first section of the chapter briefly describes and analyzes Russia’s interference in the 2016 and 2018 U.S. elections. The second section focuses on the existing legal debate over election interference and why the existing literature has failed to capture its distinctive harm. Then, the third section outlines this harm as a violation of the membership rules for the election process, especially when outsiders masquerade as insiders in order to influence an election. The fourth section concludes that governments must ensure transparency in the deliberative process by exposing covert election interference in real time before the election is over. The fifth section addresses objections to this account.
Conclusion: An Outsider Looks In
Authors: Lin Herbert
Published: June 2021

For problems of foreign election interference, international law is an important vehicle for promoting cooperation and combating the worst forms of human (and other) behavior. Nevertheless, scholars of international law engage these problems from limited perspectives. For example, law (including international law) does not deal well with large-scale bad effects that may result from the commission of many unfriendly acts that are individually legally permissible. Nor does international law seem able to handle nonstate actors whose electoral impact crosses national borders. Put differently, what is the meaning of “foreign” election interference when domestic actors are often willing and able to do what a foreign adversary might wish them to do? One important class of domestic actor is the useful idiot—the citizen who is easily tricked into spreading a message that advantages the adversary. A second class of actor, especially relevant for U.S. elections, is the U.S.-based social media company whose free services foreign adversaries use to influence politically relevant messaging. Lastly, international law scholars would do well to question the fundamental psychological limitations on human “rationality” on which many of their putative solutions are based; collaboration with social and cognitive psychologists would help in this regard.
Christian Calling and the Ideal of Martyrdom in the Real World
Authors: Lundberg Matthew D.
Published: June 2021

Setting just war reasoning into its broader context, this chapter begins by examining the logic, weight, and dangers of the “realist” traditions of Christian ethics, especially Augustine, Niebuhr, and Bonhoeffer (one often acclaimed as martyr though implicated in violent resistance). It shows how Protestant theologies of “vocation” typically sanction the sword-bearing occupations of magistrate, soldier, and law enforcement official as potentially consistent with Christian discipleship and holiness. Recent discussions of “moral injury” in soldiers are considered in relation to this “calling” of sword-bearing for the common good. In dialogue with Roman Catholicism, the chapter elaborates a Protestant conception of sainthood that acknowledges the ambiguity of the world, a conception that occasions a return to the criteria identifying Christian martyrdom.
Violence and the Christian Life in the Light of Martyrdom
Authors: Lundberg Matthew D.
Published: June 2021

This final chapter applies the notion developed early in the book of martyrdom as a “spotlight” that illuminates the contours of discipleship. Through a final sharpening of the criteria of martyrdom, it contends that the only violence that Christians should sanction as “justified” is violence congruent with martyrdom’s implicit argument about the faithful Christian life. This requires significant constraints on the “realism” and conceptions of military “necessity” that Christians can affirm, and thus points to a just war ethic with significant restraints (both ad bellum and in bello) that reflect the sacrificial texture of the following of Jesus. While the chapter focuses on Christian martyrdom in relation to the dilemmas of war, it also analyzes what a martyrdom-shaped sense of Christian responsibility looks like in other arenas of sword-bearing, especially policing.
Introduction
Authors: Koganzon Rita
Published: June 2021

The introduction sets out the central concern of this book: in a liberal regime, what is required to bring children from dependence to freedom? Children are not immediately capable of freedom or even of consent to government, so liberalism must always find some way to account for the authority that must be exercised over them until they are. The dominant contemporary approach has been one of “congruence”: modeling the family and school on the authority structure of the liberal state to allow children to practice liberty and equality in these protected settings to prepare them for their civic roles as adults. However, congruence was originally the aim of absolutists like Bodin, Hobbes, and Filmer, while early liberals like Locke and Rousseau rejected it as tyrannical. What was the reason for their rejection? Understanding where contemporary liberalism falls short requires returning to this early modern debate over education and authority.
Rousseau’s Authoritarian Education
Authors: Koganzon Rita
Published: June 2021

Rousseau’s account of authority over children in Emile brings to light his quarrel but also his agreement with Locke on the question of private authority. The education of Emile is a direct objection to Locke’s characterization of the will and the nature of adolescence. However, while Emile has mainly been read by scholars as a rejoinder to Locke’s Education, this chapter uncovers the extent to which Rousseau’s account of Sophie’s education is actually Lockean, and it demonstrates that even Emile’s education culminates in Lockean conclusions about the use of the private, inward-oriented family as an antidote to the predations of fashion and opinion. It explores why Rousseau presents both anti- and pro-Lockean arguments about the role of authority in education and concludes by emphasizing the previously unnoticed agreement between Rousseau and Locke on these questions in the context of modern, liberal societies.
Rethinking Market Regulation
Authors: Drobak John N.
Published: June 2021

Rethinking Market Regulation: Helping Labor by Overcoming Economic Myths tackles the plight of workers who lose their jobs from mergers and outsourcing by examining two economic “principles,” or narratives that have shaped the perception of the economic system in the United States today: (1) the notion that the U.S. economy is competitive, making government market regulation unnecessary, and (2) the claim that corporations exist for the benefit of their shareholders but not for other stakeholders. Contrary to popular belief, this book demonstrates that many markets are not competitive but rather are oligopolistic. This conclusion undercuts the common refrain that government market regulation is unnecessary because competition already provides sufficient constraints on business. Part of the lack of competition has resulted from the large mergers over the past few years, many of which have resulted in massive layoffs. The second narrative has justified the outsourcing of millions of jobs of U.S. workers this century, made possible by globalization. The book argues that this narrative is not an economic principle but rather a normative position. In effect, both narratives are myths, although they are accepted as truisms by many people. The book ties together a concern for the problems of using economic principles as a justification for the lack of government intervention with the harm that has been caused to workers. The book’s recommendations for a new regulatory regime are a prescription for helping labor by limiting job losses from mergers and outsourcing.
The activation of the Convention on the Rights of Persons with Disabilities in Argentina
Authors: de Búrca Gráinne
Published: June 2021

This chapter examines the activation of the UN Convention on the Rights of Persons with Disabilities (CRPD) in Argentina, and in particular the ways in which local and national disability rights organizations and movements have mobilized domestically and engaged repeatedly over time with international human rights bodies and national institutions to promote reform on a range of disability rights issues. Although the chapter focuses mainly on disability rights advocacy and particularly on the issue of inclusive education, drawing on the Emiliano Naranjo and Alan Rodríguez cases, the experimentalist approach to human rights is also used as a lens through which to view other aspects of human rights advocacy in Argentina including in the area of child rights. With an active civil society involved in aspects of both advocacy and policymaking, Argentina’s ratification and incorporation of international human rights treaties since the dictatorship has in different ways catalysed and enhanced domestic mobilization for change on a range of fronts.
Cloud Computing, Standards, and the Law
Authors: Gleeson Niamh , Walden Ian
Published: June 2021

This chapter focuses on EU initiatives on cloud standards, particularly the work of the European Telecommunications Standards Institute (ETSI), the European Union Agency for Network and Information Security (ENISA), and the working groups set up by the European Commission; while acknowledging that cloud standardisation is obviously also a global issue. It addresses three questions. First, it considers why standards play a role in cloud computing and examines the standards most cited as important for cloud computing: data protection, data security, interoperability, data portability, reversibility, and Service Level Agreements (SLAs). Second, it assesses whether there is a problem with cloud standards and, in particular, the debate around the proliferation of cloud computing standards. Finally, the chapter studies how the adoption of cloud standards can be granted, or acquire, legal and regulatory effects under both public and private law regimes, which impact on both providers and users of cloud services. While technical standards for cloud appear to be developing as expected, informational and evaluative standards will inevitably take longer to emerge and may require greater stability within the legal frameworks in which they are intended to operate.
The economy
Authors: Epstein Stephan R.
Published: June 2021

The economic history of the late Middle Ages is substantially better documented than that of earlier ages, thanks to thirteenth-century improvements in administration and commercial organization, and to the growth in urban literacy and numeracy. It is also substantially more complex, in that it includes no fewer than three distinct sub-periods: the tail of a secular wave of demographic and urban growth, economic expansion, and growing international trade associated with the late twelfth and thirteenth-century ‘commercial revolution’, that came to an end in the early 1300s; a century or more of demographic, economic, and social ‘crisis’, ‘involution’, ‘depression’, and ‘structural change’ ending in the mid- to late 1400s; and the first stages of a new, more dynamic, market-oriented, early capitalist upswing that lasted to the early 1600s. Consequently, interpretations of such a complex era have been intensely controversial. The chapter deals with the discussion and revision of the main issues related to such complexity.
Nerve and Brain
Authors: Parrington John
Published: June 2021

This chapter evaluates the basic unit of the human brain: the nerve cell, or neuron. These cells are also the main units of the peripheral nervous system, which sends messages from the brain to the other tissues and organs that make up our bodies. Neurons are the most well-known cells in the brain but they are not the only type of cell in this organ. The other main types are the glial cells, also known as neuroglia. Recent studies of the role of glial cells in the brain are revealing potentially important differences between humans and other species in the functions of these cells. The chapter then turns to the large-scale structure of the brain. The most dramatic changes in brain size and structure occurred in the final phase of human evolutionary change. Indeed, Neanderthals had brains similar in size to those of modern humans. An important feature of the human brain is that a larger fraction of its growth occurs outside the womb. Although humans reach adult brain size in childhood, brain development continues for decades afterwards.
Emotion and Reason
Authors: Parrington John
Published: June 2021

This chapter studies the relationship between emotion and rational thought. Emotions have been found to be linked to chemical changes that can affect both mind and body. The brain is connected with the rest of the body through direct nerve connections to the organs, but also by brain regions like the hypothalamus, and glands linked to it such as the pituitary, that secrete hormones into the blood. As such, some scientists now argue that even human consciousness cannot be thought of as a product solely of the brain, but also of the body. A chemical that plays dual roles in the brain and the rest of the body is dopamine, which is vital for our control of movement and it also regulates many higher mental functions in humans, such as learning, concentration, planning ahead, and pleasure-seeking behaviour. The chapter then looks at the implications of Lev Vygotsky’s view of the interaction between rational thought and emotional responses for education. One important concept in this regard is what Vygotsky termed the 'zone of proximal development.
Music and Rhythm
Authors: Parrington John
Published: June 2021

This chapter evaluates how music has been an important part of human culture for a very long time. One explanation for the centrality of music in human society is that it plays a key role in coordinating activity. Rhythmic sound ‘not only coordinates the behaviour of people in a group, it also coordinates their thinking—the mental processes of individuals in the group become synchronized’. This may explain how drums unite tribes in ceremony, why armies used to march into battle accompanied by bugle and drum, religious ceremonies are infused by song, and speech is punctuated by rhythmic emphasis on particular syllables and words. The chapter then assesses what modern neuroscience can reveal about how music affects the brain, and considers the role that music plays in the creation of meaning. It illustrates these general arguments with reference to music ranging from the classical music of Mozart and Beethoven, to mid-twentieth century jazz, through to modern pop music. The chapter also looks at how music can help us cope with some of the alienation that many people feel in modern society, and ways in which music has addressed the issue of mental illness.
The Call, the Concept, and the Metaphysics of Love
Authors: Pattison George
Published: June 2021

The chapter explains that the book does not seek to define love but to explore the conditions for how it shows itself in Christian life. It considers the post-Heideggerian critique of metaphysics before introducing Dante’s vision of the love that moves the sun and other stars. This commits a Christian account of love to seeking integration with cosmic life. However, we no longer inhabit Dante’s pre-Copernican and pre-Darwinian universe and a new model of integrating love and cosmic life is therefore needed. Vladimir Solovyov’s doctrine of love is used to sketch a preliminary approach to love that acknowledges the new cosmology, though it too requires revision in the light of subsequent developments. Dante’s vision also assumes the identity of love, being, and God in ways that have become problematic and the chapter therefore also addresses the relative priority of love and being.
Love and Time
Authors: Pattison George
Published: June 2021

Although both philosophical and theological traditions have taken a negative view of time, time is understood here as a condition of love that is able to endure. This is again especially clear in Kierkegaard, who understands God’s eternity as God’s power to give time. This makes love essentially hopeful. The chapter shows how ‘kairological’ time-experience is involved in the beginning of love, in its power of ‘abiding’, and in the gift of temporally extended attention that is given in love, attention that is human life’s closest analogy to divine creation. Kierkegaard’s emphasis on the moment is fleshed out with help from Franz Rosenzweig, who highlights the importance of the hour, day, week, and year as forging the communal relationship between divine and human. Edwin Muir is used to further develop these insights and to show the role of eschatology in love.
Moral Man, Immoral Society
Authors: Pattison George
Published: June 2021

Love is typically seen as a characteristic of intimate relationships, not of larger social units such as the state. But if Christianity aims at a Kingdom of Love, what social forms might enable such a kingdom to be formed? Christian teaching suggests two primary forms, the family and the Church. The family is approached in a dialogue between Hegel and recent magisterial Catholic teaching. Where Hegel subordinates the family to the state, Catholic teaching proposes that the state is subsidiary to the family. The family is also seen in Catholic teaching as modelling the life of the Church. However, social changes make Dostoevsky’s model of the ‘accidental family’ more appropriate than that of the conventional nuclear family, while Rosenzweig warns against extending the model of the family to the territorial nation-state. The chapter also develops the idea of human solidarity.
In the End, Love
Authors: Pattison George
Published: June 2021

Christian faith in love characteristically believes that love is not conquered by death. Yet modern philosophy (e.g. Heidegger) proposes death as a limit to human existence. Noting the proximity of love and death in human experience, the chapter explores how the idea of an afterlife has been replaced by that of an eternal now in modern thought, as in Hegel and Schleiermacher, but also in modern atheism. The challenge of developing an authentically modern view is sharpened by a discussion of the relationship between death and love in Heidegger. This leads back to further reflection on human solidarity, with reference to the doctrine of the community of saints and intercessory prayer. Under the conditions of historical existence this remains a messianic possibility that can best be spoken of in the mode of the poetic, bringing about hope in a return to ontological rootedness.
‘Crittickize uppon the smallest word’
Authors: Scott-Baumann Elizabeth
Published: June 2021

Even as the last half century has seen a growing canon of early modern women poets, prose writers, and playwrights, we still have no acknowledged tradition of early women critics. This essay argues that women did write critically, in varied places including manuscript miscellanies, paratexts, poems, and letters. Lady Anne Southwell’s two diverse manuscript collections include a defence of poetry and many profoundly critical poems which reveal the range and depth of early modern women’s engagement with traditions of criticism and with questions of theory, style, and gender.
The Villainies of a Facetious Jurist
Authors: Patterson Jonathan
Published: June 2021

The Breton nobleman Noël Du Fail (c.1520–91) had an eventful career during which he distinguished himself in law and literature. This chapter focuses primarily on his three literary works written in a villainous style that is overtly facetious. His early writings parody rural community conflicts: peasant disputes which resemble vilains cas but which are not resolved through the local courts. Du Fail’s later contes reflect a somewhat pessimistic outlook on the direction in which his legal profession—and France’s social orders more generally—were headed. Du Fail’s fictious world, like Nenna’s (cf. Chapter 2), is one in which noble and vile merge together, but the dialogues and exchanges are altogether coarser than those of Nenna’s interlocutors.
Master Villon and Master Pathelin
Authors: Patterson Jonathan
Published: June 2021

Chapter 4 considers the emergence of knavish villain characters in legally-inflected poetry, specifically in relation to basoche (judiciary) farce and faux-legal testament. The chapter begins by considering villonnies (a variant spelling of vilenies) within a poetics of advocacy in the fifteenth century, and moves on to consider the impact of legal-literary habits that propelled two personae—Master François Villon and his double, Master Pierre Pathelin—to legendary status by the early sixteenth century. Chapter 4 is the first of three chapters examining how various vilain traits were woven into new kinds of poetry that made an art of vilification; an adversarial discourse broader than the legal sense of slander with self-conscious fashioning and refashioning of its villain figures.
Profanity and Polemic
Authors: Patterson Jonathan
Published: June 2021

This is the first of three chapters exploring François Rabelais’s villainous style. In the sixteenth and seventeenth centuries, one read Rabelais against a constant stream of dire warnings not to. This chapter surveys hostile responses to Rabelais—the ‘prophane villaine’—on account of his allegedly irreligious and scurrilous works. During his lifetime (c.1494–1553), Rabelais was vilified by Calvinists and conservative Catholics. After his death, Rabelais’s name and works were ‘remembered’ unfavourably, although his villainous style was popular among a number of imitators (‘rabelizers’) in various polemical contexts. In their zeal to associate Rabelais with heresy and atheism, most rabelizers overlooked what was arguably his main focus on villainy: devilish trickery and cunning, oriented towards problems of justice and misogyny.
Taking on the Law
Authors: Patterson Jonathan
Published: June 2021

In Rabelais’s later books villainy undergoes significant changes. By the time we get to the Quart Livre, Panurge no longer targets women with his violent tricks. The first half of this chapter gives a legal-literary reading of the Chiquanous episode (Quart Livre chs. 12–16), replete with litigation and ‘tragic farce’: here, Panurge’s violent, imaginative villainy is given full rein. The second half of the chapter concentrates on the courtroom drama of Panurge versus the Chats-fourrez (Cinquiesme Livre chs. 11–15). This has echoes of the courtroom scenes of La Farce de Pathelin, but it is no rehash of the latter. The case ends with Panurge resorting not to villainous tricks but to the protocol of venality (espices, legal emoluments offered to magistrates) in order to be acquitted of the charge of illicit vagabondage.
Old Panurgos and Beaten Foxes
Authors: Patterson Jonathan
Published: June 2021

This chapter investigates how Rabelaisian villainy flowed from France into English literature at the turn of the seventeenth century. Villainy à la Panurge was popular with university ‘men of wit’; it resurfaces in John Marston’s The Scourge of Villanie (1598) and especially in various works by Ben Jonson (c.1572–1637). Legal-literary readings of Jonson’s The Case is Altered (c.1597–8) and Volpone (1607) attest to the author’s idiosyncratic villainous style. Volpone’s enduring popularity (academic criticism notwithstanding) suggests not only Jonson’s ‘recurrent lapses from respectability’, but also his interest in revisiting and revising themes of panourgia through and beyond the Rabelaisian canon.
Responding to the St Bartholomew’s Day Massacre
Authors: Patterson Jonathan
Published: June 2021

This is the first of four chapters scrutinizing villainy in the French Wars of Religion (1562–98). Chapter 11 considers the St Bartholomew’s Day Massacre in August 1572, a mass killing that began with the murder of the Huguenot leader Gaspard de Coligny. Partisan responses to Coligny’s murder soon followed; of particular interest is La Tragedie de feu Gaspard de Colligny (1575) by François de Chantelouve. The latter, a militant Catholic, makes a vindictive mockery of the erstwhile admiral in the course of his tragedy. For Chantelouve, Coligny was a villainous traitor and a threat to France’s monarchy; Charles IX was thus justified in sanctioning Coligny’s death. Yet Chantelouve does not straightforwardly echo the official legal justification for the Massacre that had been commissioned by the Crown in 1573 from the leading jurist Guy du Faur de Pibrac.
Forensic Tragedy
Authors: Patterson Jonathan
Published: June 2021

Charles IX was succeeded by his brother Henri III, pejoratively dubbed ‘Vilain Herodes’ (‘Henri de Valois’) by his opponents. The most virulent opposition came from the ultra-conservative Catholic League. Leaguers vilified Henri for breaking his oath to uphold the League’s mission to eradicate ‘heretics’; moreover, they blamed him for the ‘massacre’ of their champion, Henri de Guise, in 1588. Guise’s murder inspired a precocious young Leaguer, Pierre Matthieu, to compose a tragedy in his honour: La Guisiade (1589). This neo-classical tragedy has an overtly forensic aspect. Each act is accompanied by ‘arguments’ that present the circumstances of Guise’s death as a causa admirabilis—a case that will abnormally shock the audience’s sense of justice. The main action conjectures that the king’s perfidy and Guise’s assassination must have been the work of demonic villains acting ‘behind the scenes’.
The Drama of Regicide
Authors: Patterson Jonathan
Published: June 2021

This chapter examines the transcultural response to the first regicide on French soil since Merovingian times: Jacques Clément’s assassination of Henri III on 1 August 1589. The historical details (such as they can be recovered) read as a drama of deception and confusion, culminating in the trial of Clément’s corpse; the procès au cadavre hastily enacted to ensure that the dead villain still underwent legalized torture. The symbolic significance of Clément’s supreme villainy was conveyed to the French and European public via numerous estampes that depicted the scene of the assassination. In England, the regicide constitutes the grim dénouement of Christopher Marlowe’s The Massacre at Paris: a crowd-pleaser on London’s stage of the 1590s that dramatized twenty years of violence, tyranny, succession, and religious fanaticism in France.
Afterword
Authors: Patterson Jonathan
Published: June 2021

The Afterword revisits two key lines of enquiry pursued throughout this book: first, the problems of containing and punishing villainous offences; secondly, pre-modern France’s appetite for extraordinary villains whose villainies achieved a transcultural significance. Both lines of enquiry converge upon a final example: the assassination of Henri IV by François Ravaillac, followed by the latter’s trial, torture, and horrific execution. The second half of the Afterword offers a parting perspective on villainy’s transcultural overspills, arguing that these are not reducible to materialist and anthropological processes: non-human, diabolical, and theological factors must be taken into consideration. The book concludes by glimpsing villainy in the present, vis-à-vis twenty-first-century responses to terrorism and to virulent recriminations in a world of ever-expanding media.
Islands, Voyaging and Empires in the Age of Sail
Authors: Royle Stephen A.
Published: June 2021

Successful transoceanic voyages relied on networks of islands. Some provided places where crew and passengers could rest; where ships could replenish their supplies of fresh food and water; and where dockyards allowed vessels to be repaired. Islands were thus often employed as way stations in this world of maritime endeavour. St Helena, in the South Atlantic Ocean, was one of the first islands to be put to such use in the burgeoning English overseas empire of the seventeenth century. Other islands were of value for what they could produce. They were not acquired to facilitate or protect British operations elsewhere; they themselves were the prizes. The contribution of islands to the geography of the British Empire in the age of sail was significant, and certainly of more importance than their mere physical size would suggest.
Empire in Oceania
Authors: Bashford Alison
Published: June 2021

The expansion of empire into the Pacific Ocean took place in the age of enlightenment as well as the age of sail. It coincided with new metropolitan methodologies for the acquisition and ordering of natural history, and speculation on the natural world’s relation to changing human and social worlds. Islands, in this context, were always more than just refuelling and repair points. In Oceania, these islands were small, self-contained, and often isolated enough to make them ideal spaces, or so it would seem, for seaborne natural historians. In Europe, Enlightenment philosophers had invented mythic islands. Now these were overlaid with, and interrupted by, rapidly accumulating knowledge of actual island-dwellers and their environments. This chapter explores the meeting point of Enlightenment mythic and literary islands with real encounters in the Sea of Islands, from James Cook’s voyages in the 1770s to T.H. Huxley and John MacGillivray’s in the 1840s.
Afterword. Islands and the British Empire
Authors: Bowen H. V.
Published: June 2021

This concluding chapter draws together, and reflects upon, the themes and strands that have emerged in the volume as a whole. In addition, however, it examines the relationship between islands and empire during a time of unprecedented change in maritime transport, as new steam technology began to free ships, navies, and trading companies from the constraints hitherto imposed upon them by winds and tides. It looks at the ways in which the nodal points of Britain’s overseas network of islands changed as voyage patterns altered, and it considers the effect that this had upon the distribution of imperial outposts and possessions. The chapter concludes with a brief consideration of how the opening of the Suez Canal in 1869—perhaps the most widely heralded symbol of the transition from the age of sail to the age of steam—affected longstanding relationships between islands and far-flung imperial possessions.
Irrationality
Authors: Gregory Alex
Published: June 2021

This chapter replies to one common objection to desire-as-belief: that it makes poor sense of practical irrationality such as akrasia. This objection to desire-as-belief is closely related to two others: the worry that we sometimes desire to do things without believing we have reason to pursue them, and the worry that we sometimes believe we have reason to pursue things without desiring to do them. The chapter offers a series of complementary responses to these objections: that our beliefs can be irrational, that some of what we say about our desires is misleading, and that we might fail to be motivated by our desires. Between these factors, it is doubtful that such objections succeed. The chapter finishes with a brief aside on second-order desires, and concludes that they are of little relevance to the occurrence of akrasia.
Vernacular Border Security
Authors: Vaughan-Williams Nick
Published: June 2021

Since the peak of Europe’s so-called 2015 ‘migration crisis’, the dominant governmental response has been to turn to deterrent border security across the Mediterranean and construct border walls throughout the EU. During the same timeframe, EU citizens are widely represented—by politicians, by media sources, and by opinion polls—as fearing a loss of control over national and EU borders. Despite the intensification of EU border security with visibly violent effects, EU citizens are nevertheless said to be ‘threatened majorities’. These dynamics beg the question: Why is it that tougher deterrent border security and walling appear to have heightened rather than diminished border anxieties among EU citizens? While the populist mantra of ‘taking back control’ purports to speak on behalf of EU citizens, little is known about how diverse EU citizens conceptualize, understand, and talk about the so-called ‘crisis’. Yet, if social and cultural meanings of ‘migration’ and ‘border security’ are constructed intersubjectively and contested politically, then EU citizens—as well as governmental elites and people on the move—are significant in shaping dominant framings of and responses to the ‘crisis’. This book argues that, in order to address the overarching puzzle, a conceptual and methodological shift is required in the way that border security is understood: a new approach is urgently required that complements ‘top-down’ analyses of elite governmental practices with ‘bottom-up’ vernacular studies of how those practices are both reproduced and contested in everyday life.
Populist and ‘Post-Truth’ Border Politics
Authors: Vaughan-Williams Nick
Published: June 2021

Chapter 3 investigates the role of populist and ‘post-truth’ narratives of migration and border crises propagated by governmental and non-governmental elites in fuelling widespread notions of a ‘loss of control’, despite the intensification of walling and deterrent security measures. In order to contextualize findings in subsequent chapters, a significant proportion of the discussion is devoted to the five national political and cultural contexts in which focus groups were held (Germany, Greece, Hungary, Spain, United Kingdom). First, a close examination of the methodologies used to produce several prominent opinion poll findings on migration reveals that they were produced by surveys whose design often worked within and thereby reproduced the dominant securitizing frame. Second, with reference to populist discursive and visual representations of mobile populations and a loss of control over border security, it is shown how the rise of ‘post-truth’ communication over the same timeframe produced multiple competing realities of the situation in the EU, which simultaneously entrenched the crisis narrative and deprived audiences of detailed and reliable information. Third, it is demonstrated how leading opinion polls, used by governmental elites as ‘evidence’ of EU citizens’ pro-border and anti-immigration stance, were unable to grasp the performativity of their own role in perpetuating the dynamics of crisis that they purported merely to capture. Alternative modes of engaging with the politics of ‘public opinion’ are thus urgently required. A vernacular approach offers a series of disruptive counter-points to existing sources of elite knowledge and understanding about EU citizens’ views on migration and border security.
Dangerous Aliens, Crisis Constellations, and Information Gaps
Authors: Vaughan-Williams Nick
Published: June 2021

Chapter 4 shifts the analytical focus from elite claims made in the name of ‘the people’ to EU citizens’ vernacular knowledge of migration. Particular emphasis is given to the vernacular knowledge and categories used by citizens to discuss the issue of migration as it is perceived to impact and disrupt their everyday lives, the underpinning assumptions about hierarchies of race and gender used to position citizens in relation to perceptions about different ‘types’ of people on the move, and citizens’ awareness of/support for dominant governmental and media representations of the issue of migration in Europe. As well as offering a map of these contours, the discussion identifies three overriding themes. First, vernacular conversations problematize the notion of a linear transmission between elite crisis narratives and their reception among diverse publics. Second, the claim that elite narratives merely ventriloquize what ‘the people’ think about and want in regard to about migration is challenged by the complexity and nuance of vernacular narratives. Third, EU citizens repeatedly spoke of what they perceived to be a series of ‘information gaps’, which led to a widespread distrust of mainstream politicians and media sources, anxieties about their individual and collective futures, and demands for more detailed, higher quality, and accessible knowledge about migration from the EU, national governments, media sources, and academics. By taking vernacular views and experiences of migration seriously we can better understand how the propagation of misinformation, confusion, and uncertainty among EU citizens set the scene for populist notions of ‘taking back control’ to thrive.
Financial Deregulation in the United Kingdom
Authors: Capie Forrest
Published: June 2021

Was there financial deregulation in the United Kingdom in the late twentieth century? There had been several episodes of financial regulation and deregulation in British financial history. Deregulation from the 1820s to the 1870s was followed by a long period of stable and light regulation. That lasted until WWII. After that the trend was upwards. The first statutory banking regulations in more than 150 years were introduced in 1979 and then in 1987. These Acts were accompanied or followed by Basel rules. In the 1990s the Financial Services Authority was established and regulation increased steeply thereafter. The compliance burden rose steadily throughout. Deregulation in these years is hard to find.
Financial Deregulation in France
Authors: Feiertag Olivier
Published: June 2021

The deregulation of the financial system in France in the 1980s and the French commitment to the freedom of capital, as recently pointed out by Rawi Abdelal, is ‘quite curious’ and even doubly paradoxical: how to understand, first, that the financial liberalization has occurred while the left was in power? Second, how to explain that Colbertist France took the lead for financial deregulation at a world scale feeding the hypothesis of a so-called ‘Paris Consensus’? Based on the primary archives of the French Treasury and of the Banque of France this contribution aims to demonstrate that the financial deregulation in France is managed by the State in order to facilitate its increasing indebtedness on a globalizing money market.
EU Bank Regulation after the Great Financial Crisis
Authors: Smoleńska Agnieszka
Published: June 2021

The chapter outlines the main features of the post-crisis regulatory regime for banks in the European Union. It traces the evolution of the approach taken by EU legislators which transformed the deregulation which prevailed prior to the Great Financial Crisis (GFC) into a regulatory regime which though far from financial repression known in the 1970s, is oriented towards functionally prioritizing financial stability and banks’ functions in the broader economy. This is achieved through co-responsibilization of the banking sector for public objectives, explicit regulation of structure and operations as well as far-reaching powers granted to new oversight authorities. The chapter explains the features of such a new bespoke regulatory regime for EU cross-border banking drawing on the new framework for bank crisis prevention and management, that is EU resolution law.
Getting the Message
Authors: Solymar Laszlo
Published: June 2021

Laszlo Solymar’s book is quite unique in the sense that it is the only one that covers all the major developments in the history of telecommunications for the past 4,000 years, like fire signals, the mechanical telegraph, the electrical telegraph, telephony, optical fibres, fax, satellites, mobile phones, the Internet, the digital revolution, the role of computers, and also some long-forgotten technologies like news broadcasting by a devoted telephone network. It tells the technical aspects of the story but also how it affects people and society; e.g.it discusses the effect of the electric telegraph on war and diplomacy, how thanks to the telegraph Kitchener could preserve the Cairo-to-Cape Town red band for the British Empire, or more recent events like the effect of deregulation upon the monopoly of the American Telephone and Telegraph Company (AT&T). A number of anecdotes are told, e.g. how one murderer was caught by telegraphy when he arrived at Paddington Station and how another murderer was caught by wireless telegraphy when tried to escape by boat from Britain to Canada. The last chapter is concerned with the future: how the future was envisaged in the past and how we imagine the future of telecommunications now.
‘Jack of All Trades, Master of None’: The Ever-increasing Ambit of the Market Investigation Regime
Authors: Ahlborn Christian , Leslie Will
Published: June 2021

Chapter 6 allows Christian Ahlborn, together with Will Leslie, to revisit his earlier analytical critique of market investigations in UK competition law (published in Ten Years of UK Competition Law Reform, Dundee University Press, 2010), in a chapter entitled, ‘ “Jack of All Trades, Master of None”: The Ever-increasing Ambit of the Market Investigation Regime!’ Whereas the beginning of the decade saw the National Audit Office criticizing the market investigation regime’s low profile, market investigations had figured amongst the Competition and Markets Authority’s most high-profile interventions by the end of it. This chapter considers the extent to which this unique UK competition policy instrument has simultaneously undergone significant legislative reform as well as a slew of judicial challenges. These events have undoubtedly matured the regime and put its procedures on a firmer statutory footing. However, the same question posed in 2010 has not yet been fully answered: as set out in this enlightening chapter, in the authors’ view, it still remains unclear just what market investigations are actually for.