bluuebunny/crossref_metadata_2025 huggingface dataset:
Historically Informed Renderings of the Librettos from Bach’s Cantatas
Authors: Marissen Michael
Published: March 2023

This chapter discusses the various kinds of technical issues—premodern German vocabulary, historical Lutheran theology, interpretively significant biblical allusion, editorial problems of establishing proper source texts—that do or should plague historically informed readers and translators of the librettos from Johann Sebastian Bach’s cantatas. Each of the suggested renderings of the texts from Bach’s cantatas arises out of insights that depend upon knowledge of the broader linguistic, cultural, and religious contexts of Bach’s music and the poetry he set. Unlike people today, Bach lived and worked in a biblically literate culture. We cannot truly understand his (premodern) artistic output unless we become historically informed about his religious Sitz im Leben, whatever our own partialities might be.
Does Voluntary Exchange of Private Property Justify Inequality?
Authors: Malleson Tom
Published: March 2023

This chapter discusses the libertarian belief that inequality is legitimate because it is simply the inevitable result of individuals freely exchanging their private property with others, either as gifts or as part of market exchange. According to this view, individuals inherently possess “absolute” rights over their property. The chapter argues that this is wrong because property rights should not be seen as absolute but as contingent on what justice requires. First, the property and wealth that actually exist today are interwoven with a long history of violence, coercion, fraud, theft, domination, and injustice. This means that redistribution is in many cases completely justified, even required. Second, other people’s needs matter, and these needs should sometimes outweigh the individual’s right to have complete control over their property. Third, the rights that individuals have over their property should be seen as very different from, and typically much weaker than, the rights that individuals have over their bodies. It is perfectly legitimate to insist that income and wealth should be frequently redistributed, whereas one’s body parts should not be.
Domestic Structure and NOC Global Expansion
Authors: Cheon Andrew
Published: March 2023

If the government is its principal, then an NOC serves dual functions as an agent—a commercial entity held to the standards of commercial viability and an instrument of the state held to the standards of the national interest. Achieving both will require NOCs’ commitment to steadily develop their risk management capacity, as well as the political and bureaucratic capacity of their government principals to tolerate failures where necessary and avoid them where possible. First, regime type determines the political and economic capital available for NOC investments, as it can be politically costly for democratic leaders to endorse investment that proves unprofitable for the state. Second, bureaucratic structures condition the government’s capacity for oversight. Competing bureaucratic principals with overlapping authority invite counterproductive NOC behavior that can undermine commercial viability or the national interest. Bureaucratic principals that have effectively established a clear line of authority for overseeing NOC operations do not.
Indigenous Older Adults in Taiwan
Authors: Kasirisir Kui , Luo Hai
Published: March 2023

This chapter presents a multidimensional depiction of Indigenous older adults in Taiwan. It first briefly introduces the history, cultures, and social indicators of Taiwan’s Indigenous peoples. Then it describes the characteristics of the Indigenous population and Indigenous older adults in Taiwan through the analysis and synthesis of governmental and academic secondary data. Presenting data include the age:population ratio, aging index (ratio of the population aged 65 years or older to those aged 0–14 years), dependency ratio, and living arrangement for older adults. Based on these data, the discrepancies between the Indigenous aging group and the general older population in Taiwan are illustrated. The chapter also examines current policies related to Indigenous aging and offers suggestions for making future policies.
Indigenous Spirituality, Decolonization, and Restoration of Traditional Elders’ Ancestral Knowledge Today
Authors: Kunnie Julian
Published: March 2023

This chapter discusses colonization of Indigenous peoples on Turtle Island (North America) and the manner that Indigenous elders and other aging people are struggling to maintain language, culture, transgenerational ancestral teaching, and transmission of ancient knowledge to younger generations in the light of the intensifying violence of neocolonization and forced assimilation into the dominant Euro-American/Canadian settler-colonial culture. The chapter proposes social work strategies and measures that preserve Indigenous elders’ priceless ancestral knowledge and highlight how traditional healers of the older generation are facing pressures from all sectors of society and also from within Indigenous communities to surrender traditional languages, ways of healing, and understanding of knowledge and assimilate into the hegemonic Euro-capitalist culture. Unfortunately, such healers from the older generation are becoming fewer and are often passing on without being able to train young practitioners in traditional healing and wisdom ways. This chapter calls for the decolonization of all Indigenous communities globally and return of all Indigenous lands as now demanded by the Land Back Movement and other Indigenous self-determination movements on Turtle Island so that traditional Indigenous languages are taught by elders to the younger generations and the flow of culture and language into the next seven generations is continued.
Elderly Care in Rural Ghana
Authors: Ofori-Dua Kwadwo
Published: March 2023

The traditional family system in Ghana has changed as a result of the breakdown of traditional values, the growing incidence of the nuclear family, and difficult economic circumstances. Research into aging in Ghana, between 1984 and 2000, revealed that most of the older population lived in rural areas and included more females than males. Available evidence reveals that four out of every five older persons living in the rural areas of Ghana are engaged in agriculture. Apart from living in rural areas and engaging in agriculture as the main source of income, lack of formal education is also a major area of concern for older persons in rural Ghana. Consequently, older adults, particularly those in rural areas, who do not have access to formal support systems have nothing to fill the gap left by the withdrawal of extended family support. The study presented in this chapter sought to learn about the support systems and survival strategies of older adults amid diminished extended family support in Ghana and explore the nature and extent of the extended family’s involvement in the lives of older adults in the study area. This study was conducted in Bamang, a village in the Kwabre East District of the Ashanti region in Ghana. The village was selected because it depicts a typical case, having the social, demographic, economic, and geographic characteristics of a rural community in Ghana that is of interest to this study.
Socioemotional Challenges of Indigenous Elders
Authors: Jeevasuthan Subramaniam , Jeyaruban Varatharajah
Published: March 2023

The internal conflict that has occurred during the past 30 years in northern Sri Lanka has led to disruption in the traditional family structure. In one of the villages in northern Sri Lanka, a research study was conducted to learn about the effects on Indigenous older persons of the years of conflict, departure of younger people away from the land, and subsequent changes to the lives of older persons left on their own without the customary care provided by their family members. The caste system is still a factor in the study area. Customarily, care provided by lower caste persons for higher caste older persons was not socially accepted. However, higher caste older persons, many of whom reported health and mental health and mobility challenges, have remained on their land and in their homes without family care. They have found ways to adapt to their situations due to necessity and secured help from lower caste workers. As this chapter discusses, the study found that paid caregivers provide much useful instrumental help for older persons, such as running errands and helping facilitate communication with older persons’ distant family members. Such arrangements have become more common in the study area for this higher income cohort of older persons because the older population in the study area tended not to consider institutional residential settings to receive care due to negative perceptions and the view that they were a last resort.
Etahi Kaumātua Mokemoke
Authors: Moeke-Maxwell Tess , Black Stella , Morgan Tessa , Wiles Janine , Gott Merryn
Published: March 2023

Being socially connected has been recognized as an important health and well-being domain for Indigenous peoples. Maintaining tribal connections, including contact with ancestral homes and whānau (family), has been identified as a critical aspect to positive aging for Māori. Māori kaumātua (older men and women) have experienced many social, economic, political, cultural, and societal changes throughout their lives. This chapter presents the findings from the Māori cohort in a multiethnic study on older people’s loneliness and isolation to describe how older Māori understand social isolation and loneliness. Social isolation was expressed as a sense of loss for their tūpuna (deceased elders) and a way of life no longer available to them. Living with whānau was not guaranteed to protect against loneliness due to busy lifestyles of family or neglect. Being unable to reminisce about the past thwarted normal aging and well-being practices of kaumātua and contributed to feeling mokemoke (fretting).
Conclusion
Authors: Heinonen Tuula , Lewis Jordan
Published: March 2023

This book sheds light on diverse situations and contexts that impact older Indigenous adults, all of which represent different times and places but also have overlapping similarities that weave throughout each theme. These reflect broad themes such as colonization and its continuing impacts; family and societal change due to economic and labor market demands; environmental change; and challenges to cultural knowledge, traditions, values, and practices. The book points to the urgent need for further inquiry, writing, and discussion on the social aspects of aging in Indigenous communities throughout the world. More research on aging about Indigenous older persons’ lives and ways to enhance their life quality and well-being is clearly called for. Learning and applying the Indigenous knowledge and ways of knowing and being can lead to better social programs, policies, and services that reflect and embody Indigenous cultural knowledge and traditions and build on the past and current contributions of older Indigenous persons to families, communities, and societies.
Angloworld Narratives
Authors: Bell Duncan
Published: March 2023

Originating in nineteenth-century British and American debates about the role of race and empire, elites throughout the “Angloworld”—Great Britain, the United States, Australia, Canada, and New Zealand—have repeatedly articulated visions of an integrated geopolitical and economic unity, grounded in claims about a shared identity and political destiny, capable of playing a pivotal role in global affairs. This narrative assumed new forms and a new terminology across the twentieth century and has been articulated today in a variety of contexts, above all the fierce debates about Brexit. At their most radical, such narratives have imagined a form of global domination based on claims to racial superiority. From the late nineteenth century and throughout the twentieth century, the visions of Greater Britain and the possibilities of an Anglo-American (re)union have led to four models of world order centered around the Angloworld: Anglo-American, imperial-commonwealth, democratic unionist, and world federalist.
Conclusion
Authors: Postel-Vinay Karoline
Published: March 2023

While fighting Russia’s aggression in 2022, Ukraine embraced an idealistic, post-1989, narrative of liberal international order, which has been in fact increasingly contested within the Western societies that originally promoted it. Since the end of the Cold War, the priority given to efficient global governance has come at the gradual expense of liberal political standards such as democratic norms, and the moral thickness of the liberal international narrative has consequently diminished. And while the narrators of liberal internationalism have been struggling with both internal and external challenges, other narratives of the global have emerged. The rise of non-Western civilizational narratives in China, India, and Russia, among others, expresses both a demand for pluralism on the international scene and resentment addressed to various degrees to a monolithic representation of the West. The coexistence of the still dominant liberal international narrative with more and more powerful civilizational narratives challenges the notion of a functioning meta-narrative for global cooperation.
Sanctions, Political Risk, and the Dollar as International Payments Currency
Authors: McDowell Daniel
Published: March 2023

Chapter 5 examines the dollar’s grip on cross-border payments, including its position as the world’s most widely used trade settlement currency. It recounts how the United States used sanctions to cut targets off from the dollar-based payments system—a move that had punishing consequences for targeted individuals, firms, and governments. These consequences are demonstrated in three case studies on Russia, Turkey, and Venezuela. Targeted governments’ perceptions of the political risk associated with the dollar grew after sanctions were imposed. Each responded with policy measures designed to reduce dependence on the dollar as a payments and trade settlement currency, with varying degrees of success. These examples demonstrate that while de-dollarization may remain elusive for targeted regimes, sanctions can (and do) elicit clear anti-dollar policy responses.
China’s Play for Payments Power
Authors: McDowell Daniel
Published: March 2023

Chapter 8 details China’s efforts to create an alternative payment system based on its own currency. While the Cross-border Interbank Payment System (CIPS) remains far behind the dollar system, it picked up steam quickly after its introduction in 2015. As elites in China grew more aware of their country’s vulnerability to US financial pressure, interest in building this system increased. Yet for this new financial network to be effective at insulating China and its economic partners from Washington’s coercive tools, Beijing will have to “close the loop” by disconnecting from the dollar as well as existing financial and communication networks. This is an extraordinary challenge, and it remains unclear whether China’s leadership can pull it off. Outside of China, US sanctions appear to be creating interest in CIPS as autocrats worried about the long arm of the US Treasury look to Beijing to build a system that will protect them.
The Social Production of Crisis
Authors: Nathanson Constance A. , Bergeron Henri
Published: March 2023

When does epidemic disease disrupt society to the point where it becomes a political crisis? In the early 1980s, almost unnoticed in the larger drama that was AIDS, over half of hemophiliacs and a larger number but smaller percentage of blood transfusion recipients were infected with toxic blood—blood that was contaminated with HIV. The French public’s “discovery” of this catastrophe in the early 1990s created a transformative political crisis; this same discovery in the United States went largely unnoticed. This book presents a detailed case comparative analysis not only of the catastrophe itself and its multiple retrospective interpretations but also of its intimate connection to the history and organization of blood as a consumer product in each country. It answers the question of how and why disease morphed into crisis in France and not in the United States and draws on that answer to develop a more general sociological theory of the social production of political crisis. In so doing, it raises questions about the curious immunity to human suffering as a policy engine in the United States, about the often reiterated weakness of civil society in France, and about theorizing alternative epidemic trajectories.
Mobilization of the Afflicted
Authors: Nathanson Constance A. , Bergeron Henri
Published: March 2023

Chapter 5 overlaps Chapter 4 in time and describes the gradual mobilization of hemophiliacs as political communities organized to assert their interests and demand recognition and compensation from courts and from the state. Both France and the United States had in place conservative, medically oriented, organizations that advocated the interests of hemophiliacs. In both countries these organizations were initially reluctant to recognize the dangers that blood products posed to their members and to advise shifting to safer products, spinning off militant “radical flanks” much earlier and with far greater impact in France than in the United States. Militants brought lawsuits against blood bankers and other targets and demanded compensation from the government. This chapter advances several hypotheses to account both for hemophiliacs’ earlier mobilization in France and for their greater effectiveness. Persons infected through blood transfusion were late to mobilize in both countries and were successful in obtaining compensation in France but not in the United States.
The Quest for Compensation
Authors: Nathanson Constance A. , Bergeron Henri
Published: March 2023

Whether and how generously governments—as opposed to private individuals or institutions—compensate injuries to their citizens is contingent on cross-nationally variable assumptions about the scope of government responsibility, as well as on short-term political considerations. Within these constraints, advocates for one or another solution create causal stories—competing portrayals of “facts” and of the moral implications of those facts. Analogies ranging from tragic accident (no one was at fault—there was no evil intent) to holocaust (multiple actors were at fault—there was evil intent) were proffered by affected families—principally of hemophiliacs—in both France and the United States. Compensation was rapid, generous, and inclusive of both hemophiliacs and transfusees in France. In the United States, compensation in the form of the Ricky Ray Act was slow to get off the ground, limited in amount, and excluded persons infected by blood transfusion.
Authoritative Retrospection
Authors: Nathanson Constance A. , Bergeron Henri
Published: March 2023

The earliest “authoritative” narrative of the blood affair was produced in 1991 by the French Inspector General for Social Affairs (IGAS) closely followed by the French Senate in 1992 and in 1993 by the French National Assembly (AN). The sole comparable American report was published by the U.S. Institute of Medicine in 1995. The latter was framed in the sober language of academia as an “analysis of crisis decision making,” disengaged and depoliticized. The IGAS and Senate reports, produced in mid-crisis, were—to lesser (IGAS) and greater (Senate) degrees—witch hunts. The AN report stabbed at science-based neutrality and was ignored. Underlying these contrasting reports were differences in interests and incentives of their authors, in political and policy opportunities afforded by amplification versus mitigation of drama, and in available cultural repertoires.
Introduction
Authors: McAlevey Jane F. , Lawlor Abby
Published: March 2023

This introductory chapter looks into negotiations as a tool for democracy building. It considers changing existing union strategies by focusing on the collective bargaining process. The labor movement presents some of the best insights for other social movements into how to negotiate effectively because negotiations are a regular feature of union life. Since negotiations between employers and unionized workers are shrouded in secrecy, the chapter suggests how negotiations can operate differently from the norm, especially when unions need to prepare themselves for a different kind of fight. It considers how the mechanisms for creating a high-participation union transform the process of negotiations in favor of the workers.
Radical Roots (MNA)
Authors: McAlevey Jane F. , Lawlor Abby
Published: March 2023

This chapter explicates how the Massachusetts Nurses Association (MNA) used collective bargaining as a tool to strengthen rank-and-file leadership within their union and keep Greenfield’s strong labor tradition alive. It acknowledges Greenfield played a central role in the growth of American manufacturing during the early twentieth century. The nurses had won contract language that incentivized hiring more staff in 2012, but the enforcement of the contract took effect in 2017. Even though Baystate Franklin nurses had won huge staffing improvements at their hospital, the issue remained a priority for MNA statewide. The chapter explains the result of years of relationship-building between nurses and their community was evident in the election result after the MNA was outspent statewide by the Massachusetts Health and Hospital Association, an industry association led in part by Baystate Health that wanted to fight against nurse unionization.
Grounding the Unreal
Authors: deRosset Louis
Published: March 2023

This chapter addresses the sort of objectivity which is characteristic of realism. More particularly, this chapter concerns how to distinguish between truths that say how objective reality is in itself, quite independently of us, and truths that do not. A form of conciliatory irrealism holds that there are truths of the form 'there are Fs' even though there are no Fs in reality; so, for instance, a moral irrealist of this sort might admit the existence of moral truths while denying that there are any moral facts in reality as it is in itself. This doctrine is difficult and obscure. Surprisingly, the theory of grounding turns out to be useful in understanding the idea. A ground-theoretic articulation of conciliatory irrealism is offered and its adequacy is discussed. In particular, a battery of characteristic commitments of conciliatory irrealism is described and used to develop ground-theoretic methods for assessing the irrealist's claims.
Beyond Deviant Damsels
Authors: Kilday Anne-Marie , Nash David
Published: March 2023

This book challenges the prevailing historiography of female criminality in nineteenth-century Britain which is currently dominated by stereotypes. In doing so it questions the construction of these and produces a much more nuanced reading of women’s criminality which does not crudely categorize or essentialize their behaviour. This approach has implications for the history of crime, behaviour, and gender in the nineteenth-century history and historiography of other societies. The micro histories in this work challenge conventional perceptions and stereotypes of female criminality created both by male crime historians and historians of gender studies. Every chapter in this new book examines one (or sometimes more) of these assumptions about how women commit crimes such as murder, infanticide, robbery, blasphemy, theft, and sexual misbehaviour. Women emerge from these instances as being more autonomous individuals, whose behaviour around criminality really does not warrant classification as either homogeneous, nor should be generally characterized as making them passive accessories to criminal action. Moreover, the suggestion that they display quintessentially ‘feminine’ approaches to the committal of crime or the contemplation of poor behaviour is shown to be overstated and even questionable. Women thus display motivations, assumptions, and actions much closer to those of men than has been previously been considered or portrayed. This has implications for seeing a range of historiographies (gendered criminality, politeness, separate spheres, and civilizing processes) as constructions that have conceivably been adopted too readily and too hastily.
From the Handmaidens of Prometheus to the Heirs of Hypatia
Authors: Kilday Anne-Marie , Nash David
Published: March 2023

This chapter reassesses women’s involvement in ideological ‘crimes of the mind’ to also give a new appraisal of women’s involvement in nineteenth-century radical dissident activity. Going beyond the idea of women seeking gendered solutions to the politics of gender relations, the chapter investigates the phenomenon of female blasphemers in nineteenth-century Britain. Women radicals such as Susannah Wright, Matilda Roalfe, and Jane and Mary Anne Carlile all stood trial, were found guilty, and were imprisoned for blasphemy. The activism of these women is also shown in stark contrast to some received forms of historiography of women’s role in radicalism, religious piety, and self-education. Their own non-gendered critiques of religion’s pernicious influence similarly undermine the separate spheres paradigm, as well as significant historiography that seeks to promote the gender component of women’s radicalism as being uppermost and the dominating factor. These women considered themselves atheists, philosophes, radicals, citizens before they were uniquely and differently women. This revisits the narrative of the enlightenment, and in particular, the reverence for reason that this unleashed; becoming a subculture with universalist ideals that many influential women subscribed to. Ultimately the chapter concludes by suggesting that we also discover women as important reading publics within radical circles and radicalized into freethought in exactly the same way that men were. Thus, attempts to gender radicalism and its responses need to assimilate women as non-gendered enlightened philosophes alongside men.
Desperate, Desirous, or Devious?
Authors: Kilday Anne-Marie , Nash David
Published: March 2023

Theft has been characterized as the quintessential female crime of the nineteenth century. By and large a very significant portion of those charged with this crime were women, which has led historians to characterize women’s approach to theft as obviously linked to their gender. This has explained women’s involvement in crime as a species of uncontrolled avarice, something that has lived on into the historiography of later shoplifting. The subordinate and marginal status of women has also produced a polar opposite archetypal female offender stealing to stave off destitution and hunger. This chapter looks at a number of Welsh cases involving women stealing items both essential and otherwise between 1800 and 1825, challenging these essentializing ideas. In the main these women were indicted for stealing things they did not need, but would clearly and distinctly know the value of. As such they made a calculated judgement about what the item was worth and most likely stole directly for financial gain. This foregrounds women as participants in a dark/black economy not wholly born of necessity and alongside male criminals. Likewise, they also serve as an antidote to the coquettish victims of envy and temptation that we too readily meet in the existing historiography.
‘Tigerish in their Ferocity’ and ‘Traitors to their Sex’?
Authors: Kilday Anne-Marie , Nash David
Published: March 2023

This particular chapter interrogates a host of features that run counter to prevailing arguments about women’s criminality offered by some historians. These portray women as passive accomplices who lack agency in the committal of violent crime, alongside suggestions that women avoid the arduous or unsavoury tasks in the pursuit of such violent crime. The chapter relates a case which demonstrates the hitherto neglected level of agency displayed by some women in the plotting and execution of crime, and the potential role for men to adopt the relatively subordinate role of accomplice. This chapter examines a case from Glasgow in 1853 where three women and one man were indicted for robbery and murder. When the evidence emerged in court it appeared that the women were culpable in seeking to lure and entrap the victim so that they could rob him. They then disposed of his body with the help of male accomplices and then sought to deliberately fabricate that he had been the unfortunate victim of an accident. This sequence of events, the motivation and actions of the women involved, and the role of male accomplices serves to offer alternative evidence for how women approached and conducted themselves in the committal of violent crime.
Introduction
Authors: Alter Torin
Published: March 2023

Here I introduce the knowledge argument and outline the book. I start with a brief explanation of the argument. Then I provide historical background. Then, following Chalmers, I divide the argument into three main steps. In step 1, the Mary case is used to establish a physical-phenomenal epistemic gap. In step 2, that epistemic gap is used to establish a corresponding modal gap. In step 3, that modal gap is used to establish a corresponding ontological gap such that physicalism is false. I then explain the reasoning underlying each of those steps. Then I refine the argument. Finally, I summarize the chapters.
The Phenomenal Concept Strategy and Chalmers’s Dilemma
Authors: Alter Torin
Published: March 2023

This chapter discusses the phenomenal concept strategy, which explains the epistemic gap in terms of special features of phenomenal concepts, rather than in terms of properties those concepts pick out. Chalmers argues that any such explanation of the epistemic gap either fails to explain our epistemic situation with respect to consciousness or cannot itself be explained in physical terms. He concludes that the phenomenal concept strategy cannot succeed. The chapter defends Chalmers’s argument against a detailed response by Balog. And it argues that his argument extends to three strategies related to the phenomenal concept strategy: one by Howell, one by Prinz, and one by Kirk, Montero, and others.
Consequences of Social Externalism
Authors: Alter Torin
Published: March 2023

This chapter considers an objection to the knowledge argument based on social externalism, on which one can possess a concept in virtue of relations to one’s linguistic community. Ball and Tye argue that social externalism undermines the new-concepts thesis that Mary acquires phenomenal-color concepts when released—a thesis often invoked by proponents of the phenomenal concept strategy and proponents of the knowledge argument. In response, I argue that the new-concepts thesis can be replaced with a thesis about mastering, rather than acquiring, phenomenal concepts. And I defend that argument against criticisms advanced by Ball and Rabin.
Conclusion
Authors: Alter Torin
Published: March 2023

The chapter summarizes the book’s main conclusions. The main conclusion is that the knowledge argument is sound. All three of the argument’s main steps are prima facie plausible, and they hold up well to scrutiny. Some strategies for resisting them fail to adequately account for the dramatic change in Mary’s epistemic state after she leaves the room and sees colors. Other strategies merely relocate the original problem. Still other strategies at best reveal problems in certain ways the knowledge argument has been formulated and do not threaten more nuanced formulations. The remaining strategies run into equally serious problems—problems that are not avoided either by combining different objections or by rejecting the conceptual apparatus in terms of which the argument has been formulated. The knowledge argument is significant. It refutes all structuralist theories, including all standard versions of physicalism. Combining the knowledge argument with plausible assumptions leads to Russellian monism. But what form Russellian monism should take is left open.
The Promise of International Migration Law
Authors: Desautels-Stein Justin
Published: March 2023

Chapter 5 discusses the second element in modern racial ideology, the racialization of the sovereign’s right of dominium. This involves the replication of classic racial ideology to the plane of self-determination, and the rise of a sovereign’s right to exclude individual migrants from its territory.
Multiculturalism, Nationalism, Pragmatism
Authors: Desautels-Stein Justin
Published: March 2023

Chapter 8 turns to contemporary structure of postracial xenophobia in international law. It argues that postracial xenophobia is a function of three intellectual currents. The first is the alliance between human rights and multiculturalism. The second is a functionalist defense of nationalism. The third is transformation of neoliberalism into pragmatic liberalism.
Sex and Sensibility
Authors: Bergelson Vera
Published: March 2023

Vera Bergelson’s chapter is part of the discussion about how to conceptualize consent. Should definitions in criminal laws be based on the notion of attitudinal consent or on the notion of performative consent? Bergelson defends the attitudinal model of consent, which defines consent as a subjective state of mind. She argues that it would be unfair to punish someone as a sex offender if the other person in fact wanted the sexual act, and that such statutes are not only over-inclusive but also paternalistic. Comparing the outcomes under the two models, she argues that laws based on an attitudinal model are equally well suited to target sexual misconduct and to protect potential victims. She concedes that performative elements may play an important evidentiary role in criminal proceedings and outside of criminal justice, that is, for educational purposes.
What Does ‘Consent’ Mean?
Authors: Schulhofer Stephen J
Published: March 2023

Stephen Schulhofer here addresses the foundational question what sexual consent means, that is, whether the inner mental state or observable behaviour matters. He begins with a survey of current American law and the discussions about the reform of the Model Penal Code, describing that little consensus on the meaning of consent can be found in positive criminal laws. In his own normative analysis, he defends the performative model against the alternative of attitudinal consent. From this starting point, it needs to be decided which kind of message is relevant: absence of ‘no’ or expression of ‘yes’? Schulhofer defends a contextual affirmative consent model, arguing that affirmative consent does not necessarily require verbal expression and that silence and inaction, depending on context, can be part of the relevant observable conduct.
Presuming Non-consent to Sex in Cases of Incapacity and Abuse of Position
Authors: Green Stuart P
Published: March 2023

Stuart Green addresses a set of foundational issues that need attention before criminal laws are drafted. Sexual acts can be presumed to be non-consensual if the victim lacked the capacity to give consent, for instance due to mental disability or intoxication, or if he or she was in subordinate position in relation to the offender. Even if approval was expressed, under these conditions it might not amount to normatively valid consent. Green emphasizes the potential conflicts between positive sexual autonomy and negative sexual autonomy that make it difficult to determine the threshold for criminal liability. With regard to conditions such as mental disabilities and intoxication, he argues for a case-by-case analysis. He also analyses the abuse of position doctrine and points out that one should distinguish between different rationales, one of them being the prevention of corruption.
The Swedish Move Towards (In)Voluntariness
Authors: Lernestedt Claes , Kagrell Marie
Published: March 2023

Claes Lernestedt and Marie Kagrell discuss the new sexual assault law in the Swedish Criminal Code, which was introduced in 2018. The authors scrutinize this most recent reform against the background of broader developments in Sweden that had gradually expanded the scope of sexual offences. In the new version of sexual assault law, the term ‘not participating voluntarily’ is of central importance. Lernestedt and Kagrell speak of an ‘umbrella concept’, which is complemented in the Swedish Criminal Code with a description of circumstances that rule out consent. The authors explain that Swedish law relies on the attitudinal model of consent. In deviation of traditional approaches to mens rea that require intention for all sexual offences, the Swedish Criminal Code now also contains the separate offence of negligent sexual assault and negligent rape.
Article 213 of the American Law Institute’s Model Penal Code
Authors: Murphy Erin
Published: March 2023

Erin Murphy explains the revision of sexual assault law in the American Law Institute’s Model Penal Code, finalized in 2022 after ten years of controversial debates. The chapter begins with an overview of contemporary laws in US jurisdictions, which show substantial diversity. She describes the revision process within the American Law Institute, in which she participated as Associate Reporter along with Stephen Schulhofer as Reporter, and outlines key provisions and distinguishing features of the revised code. Murphy also identifies and explains four innovative provisions, three addressed to vulnerable victims and one to a new defence of permission to use force. The chapter also explores five areas of controversy that arose during the drafting process: the definition of the covered sexual acts, the definition of consent, the applicable mental state, and provisions addressed to sleeping and intoxicated persons.
A Comparison of Sexual Assault Laws and Some Advice for Law Reform
Authors: Hörnle Tatjana
Published: March 2023

The concluding part maps differences and similarities in the six jurisdictions under study. Tatjana Hörnle observes that the intensity of public interest and political controversies about sexual assault laws have grown over time. Regarding the preferred models of consent, the attitudinal model still is dominant; only the new Spanish law has introduced a clearly performative understanding of consent. The general structure of sexual assault laws also shows interesting differences, for instance, regarding the definitions of sexual acts, the use of presumptions and the detailedness of aggravating circumstances. Hörnle also points out different approaches to mens rea and defendants’ errors: while some countries still rely on traditional notions that accept even the most unreasonable and reckless errors as reasons to negate any criminal liability (Germany and Spain), Swedish law now has introduced the offence of grossly negligent sexual assault for such cases. The last section deals with future law reform in countries that have not yet done the step towards modern sexual assault laws but consider to do so. Hörnle argues that politicians and law-makers need to pay more attention to the foundations of sexual offence laws, particularly the unavoidable choices regarding the concept of consent and the balancing of negative and positive autonomy. The chapter ends with reflections regarding the structure of thinking about law reform and the proposal to proceed in eight discrete steps when drafting new versions of sexual assault law.
Introduction
Authors: Cananea Giacinto Della
Published: March 2023

The introduction has three purposes. First, it explains that the book has two main themes. The first is the Austrian codification of administrative procedure. The second is the spread of Austrian ideas and institutions to some neighbouring countries. Another important purpose is to clarify that, once it becomes clear that the traditional view according to which administrative law is a sort of national enclave has many weaknesses, we cannot content ourselves with describing the spread of Austrian ideas and institutions in terms of ‘influence’. The concept of ‘diffusion’ looks more promising and is, therefore, used as a working hypothesis, to shed light on the emergence of a cluster, including Austria and some of its closest neighbours. Lastly, some considerations on issues of methodology, including the relationship between history and legal comparison and the criteria for selecting the legal systems are included in the analysis.
The Austrian Model and the Codification of Administrative Procedure in Liechtenstein
Authors: Schädler Emanuel
Published: March 2023

In the form of a country report for Liechtenstein, this chapter deals with the codification of the administrative (complaints) procedure in the 1922 Landesverwaltungspflegegesetz (LVG). Its framework of the newly enacted Constitution of 1921 is highlighted, as are the historical circumstances in Liechtenstein at that time. In particular, the drafting of the LVG by Wilhelm Beck—which has not been completely clarified to this day—using Austrian preliminary drafts for administrative procedure laws from the time before the First World War is discussed. Beck’s legal–political world of ideas was dominated by the Rechtsstaat and was also subject to Austrian influences such as Hans Kelsen’s from a theoretical point of view. The provisions of the LVG are therefore presented primarily from the perspective of legal protection in the Liechtenstein Rechtsstaat: legality, the right to a hearing, the requirement to give reasons, the right to appeal, remedies, and levels of appeal (with the newly established courts of the Verwaltungsbeschwerdeinstanz and Staatsgerichtshof), etc. These provisions are also applied to concrete case studies. In conclusion, we find explanations of the Austrian influence through the involvement of Austrian civil servants and judges in Liechtenstein (eg Josef Peer), in addition to the various connections between the national administration and the Princely Court Chancellery in Vienna.
The Habsburg Empire, the Austrian Republic, and the League of Nations
Authors: Mannoni Stefano
Published: March 2023

The Habsburg Empire has been for too long neglected as an outdated survivor of a mediaeval heritage. The Austrian republic, which took its place in 1919, does not fare much better, depicted as a meaningless creation of the Treaty of Versailles. Both judgements are hasty to say the least. The code of administrative procedure drafted in 1925 provides wide evidence of the influence both experiences had on the newborn states built around the principle of nationality, ranging from Yugoslavia to Poland. On one side, the legacy of the Habsburg Empire was not lost in 1919; on the other, the Austrian republic found a tough but effective partner in the League of Nations, which exerted all its leverage to impose the streamlining of administrative procedure in Vienna. This is why not only is it worth researching this period, but it is a necessary step to gaining an insight into the roots of contemporary administrative law.
Carl Sandburg
Authors: Gill Jo
Published: March 2023

Noting that Carl Sandburg’s poetry has fallen out of favor in the decades since the publication of his exhilarating Chicago Poems (1916) and his expansive Good Morning, America (1928), this chapter reappraises his poetry with an eye to its nuanced engagement with Chicago’s distinctive architecture and draws attention to his influential relationship with architect Frank Lloyd Wright. Sandburg’s poetry emphasizes modern architecture’s materiality and is attuned to the social and labor relations that produced it and determined its use. However, as the chapter shows, it is only by bringing the work of contemporaries such as Langston Hughes and fellow Chicago poet, Gwendolyn Brooks, into the discussion, that poetry’s full potential to render the complexities, and inequities, of urban architectural experience comes into view.
Conclusion
Authors: Gill Jo
Published: March 2023

The conclusion assesses the writings of a range of modern and contemporary architects, starting with Daniel Libeskind and working back through Robert Venturi and Denise Scott Brown to Frank Lloyd Wright and Louis Sullivan. The focus is on how architects across the period have understood and used poetry as a metaphor or analogy, and sometimes a practice, which helps them to describe their own work. Through close readings of a number of memoirs and essays, and selected comparisons between architectural and poetic renderings, it becomes clear that poetry represents a limit case for architecture. The turn to the “poetic” offers a useful recourse for architects when they reach the outer edges of their capacity to articulate their own work. Thus poetic innovation outpaces the architectural.
CLIMATE CHANGE, MODELS, AND THE ALLOWABLE CARBON BUDGET
Authors: Dolman Han
Published: March 2023

The development of climate models, computer codes that model the ways the atmosphere works, are critical for our understanding and predictive capability. The 2021 Nobel Prize winner Syukuro Manabe realized in 1967 that absorbed radiation also must be emitted in the atmosphere and that at the top of the atmosphere the incoming amount of energy has to be balanced by the outgoing amount. Manabe and his co-worker Wetherald, using the first general circulation model of the atmosphere, predicted a warming of 2.9°C for a doubling of the amount of CO2. The results of these simulations now slowly began to find their way in reports to policy makers. WMO had organized its first World Climate Conference and in the 1980s several other conferences and workshops followed, among them the ‘Villach Conference’. This advice from independent scientists was institutionalized in the Intergovernmental Panel on Climate Change that was established in 1988. Initially the uptake of the key messages was rather slow and governments are still not always appreciating the implications of the reports. Around 2000 several modelling groups started to incorporate a carbon cycle into their models. This was an important breakthrough as it allowed the natural carbon cycle to interact with emissions from fossil fuel. These sophisticated models also allowed to determine more precisely how much burned carbon would lead to a particular temperature in the future. This has put a firm limit on how much fossil fuel humans can still burn.
Child of the Frontier
Authors: Parsell Diana P.
Published: March 2023

Eliza Ruhamah Scidmore, a ninth-generation American, begins life under modest circumstances when born on the Iowa frontier just before the Civil War. Forebears on both sides of her family left their homes in the Eastern United Sates to join the Great Westward Migration in the middle of the nineteenth century. The child Eliza spends a formative period of her early childhood in Madison, Wisconsin, where her mother’s family were among the town’s early residents and her uncle David Atwood is founding editor of the Wisconsin State Journal. Her half-brother, Edward P. Brooks, serves as an apprentice to their uncle and will become his sister’s steppingstone to her own career in journalism. At the age of five, Eliza sees her childhood upended during the Civil War when her parents separate and she moves with her mother to Washington, D.C.
“Lady Writer”
Authors: Parsell Diana P.
Published: March 2023

In the 1870s, Eliza Scidmore joins the pioneering female reporters in the nation’s capital as a society columnist for the St. Louis Globe–Democrat. “Lady writers,” the press calls them. Covering Gilded Age Washington gives her an insider’s knowledge of powerful figures and day-to-day politics that will serve her well over the years. When free of her social-reporting obligations for several months a year, she roams the American West and other parts of the country reporting on her adventures in travel “letters.” Her early reporting for the Globe–Democrat ranges from covering public receptions at the White House to witnessing, in the Dakota Territory, the retreat of Chief Joseph and his band of Nez Perce after they are forced off their ancestral land in the Pacific Northwest. A decade of work for the Globe–Democrat lays the foundation of Scidmore’s forty-year career in journalism and travel writing.