bluuebunny/crossref_metadata_2025 huggingface dataset:
Giving People a Voice That Matters
Authors: Cordray Richard
Published: May 2020

People are fed up with being ignored or getting the runaround from financial companies. To get companies to address people’s problems, the Consumer Financial Protection Bureau created a consumer response system that allowed individuals to submit complaints—about an error on their credit card bill, a surprise fee from their bank, a payment not properly credited on their mortgage. The bureau then immediately transmitted the complaint to the company for it to resolve. But the stakes had changed: the bureau monitored whether and how the companies responded, giving consumers new leverage and better results. The system was a full-service shop, available 24/7, for 320 million consumers. This chapter tells how the bureau achieved this result, fielding over 1.3 million complaints in six years and helping resolve many of them. It also describes how the pattern of data sheds valuable new light on consumer issues in the financial marketplace.
A Powerful Force for Good
Authors: Cordray Richard
Published: May 2020

Robust law enforcement is crucial to a fair market. Companies that lie, cheat, or steal take advantage of consumers and the honest companies that they compete against. Congress gave the Consumer Financial Protection Bureau two powerful tools to combat fraudulent, deceptive, and abusive practices by big banks and financial predators. One was the authority to bring public enforcement actions against corporate violators, and the other was to send supervisory teams into the companies themselves, to inspect and monitor how they treat consumers. This chapter tells how the bureau developed and combined these tools and then used them to put over $12 billion back in the pockets of consumers who had been wronged. It also discusses how the bureau used supervisory oversight and enforcement actions to prevent or halt systematic ongoing abuses such as deceptive marketing of credit card add-on products and discriminatory auto lending.
Ways and Means
Authors: Cordray Richard
Published: May 2020

We expect people to shop for the best deal, know their limits, and make responsible decisions. But contracts for financial products and services have become incredibly complex, and people receive surprisingly little education in how to manage their money. This lack of know-how makes consumers easy targets, not only for predators, but also for legitimate businesses looking to maximize their profits. This chapter makes the case for providing personal finance education in schools and also in the workplace. It also describes the Consumer Financial Protection Bureau’s research on the gross mismatch between corporate spending to market financial products and general spending to improve financial literacy ($25 to $1), its efforts to help deliver financial education, and its ground-breaking work on defining and measuring the concept of financial well-being.
Know Before You Owe
Authors: Cordray Richard
Published: May 2020

Consumer finance contracts, thick with intricate information about the product or service, make it nearly impossible for people to understand the deal, let alone make sensible comparisons between options. As financial companies made their products more complex and more dangerous, they buried the details in “disclosures”—the fine print. Unable to decipher the terms without hiring a lawyer, consumers quit reading altogether. The Consumer Financial Protection Bureau’s “Know Before You Owe” project worked to cut through this “confusopoly” by creating shorter, simpler disclosures that focus on key terms and prices, so people can make informed decisions. This chapter covers the bureau’s efforts to streamline consumer disclosures in four key areas: credit cards, mortgages, student loans, and auto loans.
The Tougher Fights
Authors: Cordray Richard
Published: May 2020

As the Consumer Financial Protection Bureau put down deeper roots, it took on tough issues. It worked with the Justice Department to eradicate discrimination in auto lending, which produced several enforcement actions but not a market-wide solution. It used its supervisory oversight to insist that the credit reporting companies improve the accuracy of their credit files and create reliable processes to correct errors. And it cleaned up abusive debt collection practices through major enforcement actions, by creating new tools to help consumers protect themselves and assert their rights, and by embarking on new rules to protect consumers while clarifying inconsistent and conflicting court rulings under the Fair Debt Collection Practices Act. The chapter also describes the bureau’s work with its partners to address the sprawling scandal at Wells Fargo, where thousands of bank employees misused customers’ data and money to open millions of phony bank and credit card accounts.
Rape by Deceit
Authors: Green Stuart P.
Published: May 2020

This chapter considers the offense of rape by deceit. Unlike rape as nonconsensual sex, consent here is communicated but is found to be defective by virtue of the complainant’s false belief, typically induced by the defendant’s deceit. Should it be rape if a defendant falsely represents himself as being free of STDs? What if he obtains communicative consent by falsely claiming to be single? The common law was extremely limited in what it recognized as impermissible deceit. With the reconceptualization of rape as nonconsent-focused, reformers have begun considering the possibility of broadening the definition of rape by deceit. But how broad is too broad? The problem is that almost everyone, at some point, has engaged in or been the target of some form of deception in the context of sex, and any of these deceptions could serve as a “but for” cause of another’s consenting to sex. The question is how to sort out those deceptions that should count for purposes of rape (or another, lesser offense) and those that should not. The particular focus here is on cases in which a defendant obtains invalid communicative consent through fraudulent medical procedures, impersonation, or lying about matters related to STDs.
Rape by Coercion
Authors: Green Stuart P.
Published: May 2020

This chapter deals with rape by coercion. The particular focus here is on cases in which a defendant obtains sex by threatening a complainant with some nonviolent harm unless she consents—for example, where he threatens to fire her from her job, report her to the immigration authorities, or break off their marriage engagement. Which kinds of threats exactly make communicated consent invalid? And even if consent is determined to be invalid, does that mean that criminalization is justified? The question directly parallels one raised in the case of rape by deceit. Of particular concern is with cases in which the defendant threatens that unless the victim submits, he will do something that most people would regard as trivial, such as giving his victim a parking ticket. Also considered here are cases in which the defendant induces a complainant into having sex by making her a coercive or exploitative offer (as opposed to a threat). The paradigmatic scenario here is Hollywood’s notorious casting couch. The problem of sex obtained by nonviolent threats is of particular interest in light of the #MeToo movement.
Incapacity to Consent
Authors: Green Stuart P.
Published: May 2020

This is the first of three chapters that consider paradigms of rape under which nonconsent is presumed on the basis of certain kinds of background conditions. The particular focus here is on cases in which complainants are said to lack the capacity to consent. Persons who are asleep, unconscious, or in a persistent vegetative state can be categorically and uniformly held to be incapable of consenting, without much risk of overinclusiveness. But the situation presented by persons suffering from intellectual or communicative deficits or who are intoxicated is more variegated and complex. There is a danger that if incapacity in these spheres is defined too broadly, some people who suffer from mental disabilities or who drink for the purpose of making themselves less inhibited might be denied the opportunity to have genuinely consensual sex.
Abuse of Position
Authors: Green Stuart P.
Published: May 2020

This chapter focuses on abuse of position statutes, under which it is a crime for a person in a position of authority (such as a police officer, prison guard, health care professional, educator, or clergy person) to have sex with a competent adult under his care or control (a suspect or witness, inmate, patient, adult student, or congregant, as the case may be). It considers two distinct rationales for such statutes: to prevent coercive or exploitative sex and to protect institutional roles. Once again, there is a potential for overcriminalization. The challenge is to determine which kinds of hierarchical relationships in which kinds of industries are most likely to justify a presumption of nonconsent, a challenge that is all the more important in the wake of the #MeToo movement.
Sexual Harassment as Crime
Authors: Green Stuart P.
Published: May 2020

This chapter shifts the focus from sex that is nonconsensual to that which is unwanted or unwelcome. Rather than asking if we are justified in continuing to criminalize conduct that is currently criminalized, the question here is whether there is some sex-related conduct that is not currently criminalized that should be treated as such. The particular focus is on sexual harassment. The chapter features a discussion of three countries that treat sexual harassment as a crime: Belgium, France, and Israel. It offers three factors to consider in distinguishing between sexual harassment and sexual assault: first, whether the conduct was nonconsensual or merely unwelcome; second, whether the conduct involved physical contact with the complainant; and third, whether, in the case of quid pro quo conduct, there was a threat or merely an offer.
Voyeurism
Authors: Green Stuart P.
Published: May 2020

This chapter considers the offense of voyeurism, where the offender infringes on the complainant’s autonomy by intruding on her sexual privacy without her consent. Rather than ask if the alleged victim expressed actual consent, it will sometimes be appropriate to ask if she gave constructive consent, based on her assuming the risk of some potential harm or wrong. Many victims of voyeurism probably never know that they have been victimized and thus do not suffer the usual sort of psychological trauma that victims of sexual misconduct often endure. Nevertheless, voyeurism clearly involves a serious wrong. In that sense, it constitutes what has been referred to in the criminal law theory literature as a harmless wrong. There is also another conceptual challenge that voyeurism presents. In order for the offense to be committed, the victim must have had a reasonable expectation of privacy. But this raises the question of exactly what expectations of privacy should be considered reasonable in a world in which new technologies and new social practices—including social media, smartphones, sexting, and revenge porn—have simultaneously lowered the threshold of what society regards as private while increasing the potential for harm to individuals.
Indecent Exposure
Authors: Green Stuart P.
Published: May 2020

This chapter considers the flip side of voyeurism—namely, indecent exposure, or exhibitionism. Whereas in voyeurism, the offender views his victim’s private activities without her consent, in indecent exposure, he subjects her to his own intimate activities. The interests and rights at stake in the two offenses are thus complementary. This chapter argues that criminal sanctions for indecent exposure are ultimately justified not on the basis of its harms, which are relatively minor, but rather on the basis of its tendency to cause offense. Unlike incest and sadomasochistic assault, which are usually performed in private, indecent exposure is normally committed in public and specifically intended to cause shock, distress, or disgust. On the other hand, some exhibitionists will have legitimate reasons for exposing themselves. They may be engaging in political protest, participating in an artistic endeavor, communing with nature, or exploring sensual pleasure. The chapter suggests that under liberal principles, the law of indecent exposure should be applied only to the most egregious and offensive sorts of exposure for which there is no legitimate justification.
Incest
Authors: Green Stuart P.
Published: May 2020

This is the first of three chapters to consider offenses that involve putatively consensual sex. The general question is whether it is possible to reconceptualize offenses that once were justified on a legal moralist rationale under the contemporary liberal harm and wrong principles. The particular focus is incest, both between adults and juveniles and involving only adults. The former is already criminalized as statutory rape. The fact that it involves a family member may justify aggravated penalties but under the principle of fair labeling does not justify its status as a freestanding offense. Putatively consensual incest involving adults presents more difficult issues, implicating the right of persons to choose their own (willing) sexual partners. One possible rationale for criminalizing incest is that it causes higher risks of birth defects. But this raises the “paradox of future individuals,” based on the fact that the act potentially causing harm to the child is the very one that brings the child into existence in the first place. Even if that paradox could be solved, problems would remain. In the modern liberal state, government intervention into reproductive choices is highly problematic. This is also true of intervention into familial relationships. If there is a liberal rationale for prohibiting adult incest, it is based on concerns that such relationships, though putatively consensual, will be found, upon further inspection, to be coercive or exploitative.
Bestiality
Authors: Green Stuart P.
Published: May 2020

The focus of this chapter is on bestiality, involving sex between humans and nonhuman animals. Some animal rights and feminist scholars have suggested that bestiality should be thought of as a form of nonconsensual sex. But to do so presupposes that animals can be harmed or wronged within the meaning of the liberal harm and wrong principles, which is far from clear. And even assuming that it does make sense to think of bestiality as involving nonconsensual sex, it needs to be asked if there is a coherent justification for criminalizing such conduct while so many other serious harms and wrongs to animals, including with respect to their sexual functions (such as breeding, neutering, spaying, and castrating) go unrestricted. Central here is the question of whether bestiality fits within the narrow sliver of animal mistreatment that is, under current law, considered sufficiently cruel to merit criminalization.
Necrophilia
Authors: Green Stuart P.
Published: May 2020

This chapter offers a discussion of necrophilia, an offense that has been almost completely ignored in the criminal law theory literature but that raises interesting moral and conceptual issues—about the limits of the harm and wrong principles and the problem of the so-called missing subject. After ruling out a harm to third parties rationale, it suggests that the most plausible argument for criminalizing necrophilia is that it causes harm to the deceased person whose corpse is mistreated. But does it make sense to say that a person can suffer harms or wrongs postmortem? The question has an ancient philosophical pedigree and remains contentious. The chapter argues that the wrong caused by necrophilia is not to the corpse as such but to the antemortem person the corpse once embodied, who had an interest in maintaining her sexual autonomy while she was still alive.
The Possibility of Vagueness
Authors: Fine Kit
Published: May 2020

We previously stated an impossibility result and suggested that the standard approaches to vagueness were incapable of providing a satisfactory response to the result. This chapter considers how a more satisfactory response to the result might proceed. This will call for a radical revision in our general understanding of vagueness and in how its logic has usually been conceived. It will be argued that the indeterminacy characteristic of vagueness can be conceived in purely logical terms without the need for any specific vagueness-theoretic vocabulary. The resulting notion of indeterminacy is seen to be global in character in that it makes sense to say that there is indeterminacy over a range of cases but not that there is indeterminacy in a single case; and a semantics for the resulting theory, in terms of the compatibility of uses, is then developed.
Congregationalists
Authors: Cooper Tim
Published: May 2020

This chapter offers a survey of the first development of Congregationalist convictions and their subsequent development in seventeenth-century England and New England. It positions the Congregationalists as a ‘third way’ between the Separatists and the Church of England; it explores how Congregationalism tended to look uneasily in both directions at the same time, making it difficult to define and disentangle from adjacent Puritan groups that otherwise held so much in common. It follows the development of Congregationalism from its early emergence in England across to New England and back to the contexts of the English Civil War, the Interregnum, and the Restoration period. It closes with some overall reflections on the place and significance of Congregationalism within Dissent.
Ireland
Authors: Gribben Crawford
Published: May 2020

The Irish history of religious nonconformity, dissent, and toleration is distinctive. Protestant nonconformity and dissent in early modern Ireland was both energized and enervated by its relationships to the Established Church, the majority Catholic population, and the changing political environments of the neighbouring island and the religious loyalties of its governments and royal families. In securing the rights of the Church by law established, bishops were unable to prohibit the worship of the most important groups of Protestant nonconformists, who seemed continually to grow in numbers, wealth, and influence. The English Toleration Act (1689) made little difference to the circumstances of Irish Protestant Dissenters, and although they benefited from James’s Declaration of Indulgence (1687) and the granting of limited rights for Dissenters under the Irish Toleration Act (1719), their access to the opportunities of public service was only guaranteed with the removal of the sacramental test in 1780.
Worship and Sacraments
Authors: Moore Susan Hardman
Published: May 2020

To understand the ethos of worship and sacraments evident in Dissenting traditions by 1689, the hinterland is important. From the 1540s, some Protestants wanted reform of the Book of Common Prayer while others wanted to abandon it altogether. Early debates about change intensified into hostility to all ‘set prayer’, in reaction to Laud’s liturgical policies of the 1630s. This stamped a particular character on the Westminster Assembly’s Directory for the Publique Worship of God (1645). Its free-but-ordered style took English Dissenting traditions down a distinctive path. In terms of culture, Dissenting worship was not a sensory desert (as is often assumed), but used the senses—and imagery that drew on the senses—to cultivate an intensity of experience within the outward aesthetic of simplicity. As Bunyan pictured it in Holy War, the only way to capture Heart Castle was by storming Ear-gate, Eye-gate, Mouth-gate, Nose-gate, and Feel-gate.
Virtual Arenas
Authors: Seymour Mark
Published: May 2020

The love affair between Pietro Cardinali and Raffaella Saraceni suspected by public opinion appears likely to have been real in the light of this chapter, which explores Cardinali’s relationships with women who had fallen in love with him in the circus arena. Moving beyond the restraint of earlier cultural-history approaches to private letters, the chapter is based upon more than forty passionate love letters written by women from various points in southern Italy, all of whom expressed the desire to marry Pietro. One particular correspondent revealed a great deal of her sentimental inner life as she pursued him assiduously over the course of many months. As a genre, secret love letters exemplify an emotional refuge, allowing escape from the strictures of the prevailing emotional regime. Building on such notions, the chapter argues that these women created their own virtual emotional arenas. The result was a set of imaginary spaces in which otherwise very constrained women took the role of prima donna, freely able to express love and desire. Their letters allow glimpses into the way cultural genres such as novels, the theatre, and opera, may have provided frameworks for these women’s emotional experiences, and their expression in arenas of their own imagining. The chapter draws on the work of literary and cultural scholars, bringing it into contact with the lived experience of ordinary southern Italian women as expressed in their own words. It provides an unusually personal exploration of rarely revealed aspects of Italian female emotional lives.
Legitimacy, Gravity, and Global Community
Authors: deGuzman Margaret M.
Published: May 2020

This chapter provides a theoretical framework for the book’s central argument that the concept of gravity should be reconceived as a function of values and goals to promote the legitimacy of international criminal law. It does so by: (1) explaining how the book uses the concept of legitimacy; (2) describing the pervasive goal-independent approach to gravity as a justification for regime decisions, and explaining the proposed reconceptualization; (3) elaborating a theory of international criminal law as both a tool, and constructor, of the global justice community; and (4) suggesting some of the global values and goals that ought to guide regime decisions.
Global Prescriptive Authority
Authors: deGuzman Margaret M.
Published: May 2020

This chapter explores the relationship between gravity and global prescriptive authority— the authority of the global community to prescribe rules of conduct and consequences for violating those rules. . It surveys the principal theories of international crimes and shows that virtually all of them rely significantly on a gravity threshold above which international prescriptive authority is justified. It goes on to explain how gravity has impeded the development of a coherent moral theory of global prescriptive authority, and advocates a theory that links such authority to the moral values at stake in labeling a crime “international,” in particular the value of human dignity.
Defendants’ Rights and Defenses
Authors: deGuzman Margaret M.
Published: May 2020

This chapter shows that courts and commentators sometimes use the concept of gravity to justify restricting defendants’ rights, including the right to a fair trial, and to limit defenses, such as those based on amnesties and immunities. As in the contexts discussed in earlier chapters, such invocations of gravity tend to obscure competing values and goals, often favoring accountability without adequate justification. As such, they threaten the legitimacy of the international criminal law regime. The chapter proposes a reconceptualization of gravity as a function of global goals and values, and argues that competing values should be balanced to achieve more legitimate outcomes.
Sentencing
Authors: deGuzman Margaret M.
Published: May 2020

Gravity is a central concept—often the central concept—that international criminal courts invoke in justifying sentencing decisions. This chapter shows that international sentencing decisions frequently invoke gravity in inconsistent and unexplained ways, thereby detracting from the legitimacy of such decisions. It argues that gravity as a sentencing criterion at international courts ought to be conceptualized in relation to the goals of punishment that are most appropriate for those institutions. It proposes a utilitarian theory of global sentencing that centers crime prevention, especially through deterrence and norm expression, and rejects retribution and harsh punishment. The goal should be to achieve the most deterrence and expressive prevention possible at the lowest cost.
Approximate Solutions
Authors: Mussardo Giuseppe
Published: May 2020

Chapter 3 discusses the approximation schemes used to approach lattice statistical models that are not exactly solvable. In addition to the mean field approximation, it also considers the Bethe–Peierls approach to the Ising model. Moreover, there is a thorough discussion of the Gaussian model and its spherical version, both of which are two important systems with several points of interest. A chapter appendix provides a detailed analysis of the random walk on different lattices: apart from the importance of the subject on its own, it explains how the random walk is responsible for the critical properties of the spherical model.
Combinatorial Solutions of the Ising Model
Authors: Mussardo Giuseppe
Published: May 2020

Two exact combinatorial solutions of the two-dimensional Ising model are the key topics of this chapter. Although no subsequent topic depends on them, both the mathematical and the physical aspects of these solutions are so elegant as to deserve special attention. Chapter 5 covers how the Ising model is a pathfinder in the field of critical phenomena and has always played an important role in statistical physics, both at pedagogical and methodological levels. It describes how the Ising model is an ideal playground for several areas of pure and applied mathematics.
Minimal Conformal Models
Authors: Mussardo Giuseppe
Published: May 2020

Chapter 11 discusses the so-called minimal conformal models, all of which are characterized by a finite number of representations. It goes on to demonstrate how all correlation functions of these models satisfy linear differential equations. It shows how their explicit solutions are given by using the Coulomb gas method. It also explains how their exact partition functions can be obtained by enforcing the modular invariance of the theory. The chapter also covers null vectors, the Kac determinant, unitary representations, operator product expansion, fusion rules, Verlinde algebra, screening operators, structure constants, the Landau–Ginzburg formulation, modular invariance, and Torus geometry. The appendix covers hypergeometric functions.
In the Vicinity of the Critical Points
Authors: Mussardo Giuseppe
Published: May 2020

Chapter 15 introduces the notion of the scaling region near the critical points, identified by the deformations of the critical action by means of the relevant operators. The renormalization group flows that originate from these deformations are subjected to important constraints, which can be expressed in terms of sum-rules. This chapter also discusses the nature of the perturbative series based on the conformal theories. Further, it describes how the analysis of the off-critical theories poses a series of interesting questions, and also covers ultraviolet divergences, structure constants, the two-point function of the Yang–Lee model, the RG and β-functions and the c-theorem.
Interacting Fermions and Supersymmetric Models
Authors: Mussardo Giuseppe
Published: May 2020

Chapter 24 discusses interacting fermions and supersymmetry (SUSY) models. The chapter addresses the semi-classical formalism relative to a fermion field in a bosonic background. It covers topics that include bosonic and fermionic bound states (both Dirac and Majorana), symmetric wells, supersymmetric theory, general results in SUSY theories, integrable SUSY models, non-integrable multi-frequency super Sine–Gordon models, phase transition and meta-stable states. It also discusses the conditions under which the overall theory presents supersymmetry and the consequences thereof. It also covers how semi-classical formulae can help to identify the particle excitations and estimate one of their most important characteristics, i.e. their mass.
Legality, Legitimacy, and Legitimation of the Federal Constitutional Court
Authors: Möllers Christoph
Published: May 2020

This chapter takes up the daunting question of the Federal Constitutional Court’s legitimacy. It scrutinizes possible bases of such legitimacy, carefully assesses each one, and shows them all to be problematic. The investigation approaches the topic with a three-part distinction. It begins with the legality of the Court and, therefore, the question to what extent the assumption that the Court is bound to law, and merely applies the law, appropriately describes its actual practice. After that it takes a look at the legitimacy of the Court in terms of the factual social acceptance of its decision-making practice. Finally, and most extensively, the investigation turns to the normative justification of the Court by asking about good reasons for its present institutional configuration. In a concluding reflection, the chapter examines the interrelation of the above-mentioned elements.
The structure of the predicate and its place in the sentence
Authors: Massam Diane
Published: May 2020

This chapter focuses on the predicate in Niuean, both on its position in the VSO sentence and on its internal form. It is argued that Niuean has a configurational merge structure, with the object merged as NP within VP. Since Niuean is an isolating or highly analytic language, it lacks inflection and thus, arguably, it also lacks IP. A uniform predicate fronting of vP is proposed for a range of predicate-types, into FinP in the low CP domain. The internal structure of the predicate is argued to involve successive merge of aspectual heads and predicate modifiers, with iterative C-movement, or roll-up across the domain, In conclusion, it is shown that such a structure poses problems for traditional analyses of argument structure, to be discussed in Chapter 3.
Inside the noun phrase and on the edge of the sentence
Authors: Massam Diane
Published: May 2020

This chapter discusses the structure of the noun phrase, arguing that it is tightly parallel to the structure of the sentence, with C-movement within the extended nominal projection forming nP, followed by argument merge of locative and genitive arguments, then long spinal movement of nP across the arguments, into the left periphery. The focus then turns to the left edge of nominals, examining the determiner and case particles. It is argued that the proper-common feature is the only feature remaining from the Proto-Tongic determiner system, but that the D position remains in Niuean, housing occasional determiner or linkers, and hosting quantifiers or possessors in its specifier. Number, aspect, and nominalization are also explored. The second part of the chapter explores the tense, aspect, mood particles in the CP domain, arguing for three positions. The chapter concludes with a discussion of operator movement, arguing that there is no wh-movement in Niuean.
Defences to Copyright Infringement
Authors: Karapapa Stavroula
Published: May 2020

Defences to copyright infringement have gained increased significance over the past twenty years. The fourth industrial revolution emerged with the development of innovative copy-reliant services and business models, transforming the way in which copyright works can be used, from digital learning methods to mass digitization initiatives, media monitoring services, image transformation tools, and content mining technologies. The lawfulness of such innovative services and business methods, which arguably have the potential to enhance public welfare, is dubious and challenges copyright law. EU copyright contains specifically enumerated, narrowly drafted, and strictly interpreted defensive rules, often taking the form of the so-called exceptions and limitations to copyright. Because the fourth industrial revolution promises innovation and business growth—stated objectives of EU copyright—it invites an examination of defensive rules as a whole. The book adopts a holistic approach in its exploration of the limits of permissibility under EU copyright, including legislatively mentioned exceptions and limitations, doctrinal principles, and rules external to copyright, with a view to unveiling possible gaps and overlaps, offering a novel classification of defensive rules, and evaluating the adaptability of the law towards technological change. Discussing recent legislative developments, such as the provisions of the Digital Single Market Directive, Court of Justice of the European Union case law, and insights from national laws and cases, the book tells the story of copyright from the perspective of copyright defences, offering positivist and normative insights into law and doctrine and arguing towards a principle-based understanding of the scope of defences that could inform future law and policy making.
Introduction
Authors: Karapapa Stavroula
Published: May 2020

The fourth industrial revolution has emerged through the advancement of new technologies, innovative services, and modern business models, which often rely on the use and re-use of copyright-protected content. Although having the potential to enhance public welfare, these technologies and services challenge the limits of copyright law, especially in the European Union where the approach to defensive rules lacks flexibility. Under EU copyright law, exclusive rights are drafted in broad terms and with a high degree of generality, whereas the so-called exceptions and limitations to copyright are narrowly drafted and strictly interpreted, with the result that the breadth of permissible use is rather narrow. Because the fourth industrial revolution promises innovation and business growth—stated objectives of EU copyright—it invites an examination of defensive rules as a whole. The book adopts a holistic approach in its exploration of the limits of permissibility under EU copyright, including legislatively mentioned exceptions and limitations, doctrinal principles, and rules external to copyright, with a view to unveiling possible gaps and overlaps, offering a novel classification of defensive rules, and evaluating the adaptability of the law towards technological change. In this light, the work attempts to offer a measure of conceptual organization for defences to copyright infringement that may foster the development of a fresh understanding on how defensive rules against copyright infringement operate as a system; how they unveil their normative force; where instances of gaps or overlaps exist between defences; and how defences should be developed in light of future law reform or possible interpretative expansion.
Implicitly Authorized Uses
Authors: Karapapa Stavroula
Published: May 2020

When combatting allegations of copyright infringement, the defendant can argue that the copyright holder authorized the activity at issue, either expressly or implicitly. Exclusive rights under copyright have a common constituent: they represent activities that the copyright holder can authorize or prohibit, authorization being necessary to avoid liability for infringement. Authorization from the copyright holder may be explicit and not raise interpretative difficulties, or it may be implied. The doctrine of implied consent has not received harmonization at EU level but can be found in national laws with regard to interpreting a contractual relationship or conduct. Written agreements may include implied contractual terms and in this context, the implied license doctrine is viewed as a ramification of contract law. But implied authorization may be assumed even in the absence of an agreement or prior communication, where the conduct of the copyright holder gives the impression that a particular activity is permitted. This understanding of implied consent can be traced to German jurisprudence and a body of recent cases that have affirmed the existence of implied authorization where copyright holders did not signify their refusal to consent to a specific activity e.g. by not enacting access control mechanisms in their online content. The judicially created doctrine of ‘implied consent’ is crucial to the functioning of essential Internet facilities such as search engines. This chapter discusses the scope of this doctrine, its applicability to other Internet services, its potential to serve as a defensive rule, and the way in which Svensson can be read as introducing an implied consent defence into EU copyright law.
Public Policy Privileges
Authors: Karapapa Stavroula
Published: May 2020

A substantial body of copyright infringement defences is primarily available to institutional users, such as educational establishments, libraries, and archives. In light of the advent of the Internet and mass digitization, the availability of defences has been enlarged through a set of legislative instruments, such as the Orphan Works Directive and the Directive on Copyright in the Digital Single Market. Public policy privileges are meant to make allowances for modern methods of teaching provision, such as online courses, distance learning, and cross-border education programmes, as well as exempt from infringement new methods of carrying out research, such as text mining and data analytics, and enable value extraction from the plethora of works that are currently out of print. Although the policy reason behind the expansion of available defences has been the promotion of growth in the educational and cultural sector, there is a strong public interest underpinning the very presence of these exceptions in the statute. This has to do with the promotion of a rigorous public domain, whereby certain works shall be made more accessible for users to use and re-use. Subject to examination in this chapter is the breadth of these permissible activities and their ability to accommodate modern online services, including also the defences available for uses made by public administration.
The Fundamentalist Vision
Authors: Sider Theodore
Published: May 2020

A brief synoptic conclusion. When our aim is a distinctive account of ultimate reality the proper postmodal tool is that of fundamentality. With that tool we can articulate a "fundamentalist vision": an account of the fundamental nature of the facts and laws in the domain in question. This conception of the metaphysics of science fits a certain realist outlook, and undermines some forms of structuralism: nomic essentialism and structural realism (though not comparativism). But the vision faces serious challenges having to do with arbitrariness: arbitrariness in the constituents of the fundamental facts, and arbitrariness in the laws of nature.
Introduction
Authors: Bruno G. Anthony
Published: May 2020

The present collection of essays is the second English volume devoted to the philosophy of F.W.J. Schelling (1775–1854).1 Such a volume is timely, yet overdue. After longstanding neglect, earnest Anglophone interest in German idealism—the philosophical movement with which Schelling is most associated—began toward the end of the twentieth century, opening scholars to the continuing relevance of the problems tackled and solutions offered during the time stretching ‘von Kant bis Hegel’. Misreadings resulting from overuse of this refrain—neglecting positions and challenges that enable Hegel’s attempt to surpass Kant, misconstruing Hegel as the culmination of German idealism—have been slowly corrected through increased attention to other figures from this period, including Fichte, Goethe, Herder, Jacobi, Maimon, Reinhold, and, gradually, Schelling....
Schelling’s Romanticism
Authors: Steigerwald Joan
Published: May 2020

This paper is a contribution to recent scholarly interest in the intersections of post-Kantian idealism and Romanticism. It traces overlapping concerns in Friedrich Wilhelm Joseph Schelling’s and Novalis’ works. Both thinkers began their philosophical studies with critical engagements of the philosophy of Johann Gottlieb Fichte, developing similar arguments for the duplicity of relationships of identity and the problem of their mediation. Novalis and Schelling also explored the intersections of mind and nature through notions of potentiation and depotentiation, stimulated by their respective philosophical examinations of contemporary mathematics and natural sciences. Finally, both thinkers introduced figures of a dark ground or night—Novalis in Hymns to the Night and Schelling in works as diverse as On the World Soul and Philosophical Investigations into the Essence of Human Freedom—to present the unpresentability of the infinite. Although there is little historical documentation of direct borrowings of one thinker from the other, these overlapping concerns are richly suggestive.
Thought’s Indebtedness to Being
Authors: Gardner Sebastian
Published: May 2020

I identify in Kant’s 1763 Beweisgrund an original insight that is both relevant to late Schelling and a dim anticipation of Kant’s conception of transcendental proof. The insight is best revealed by contrast with an alternative reading of the text that situates Kant at this period firmly within early modern rationalism. While the insight that I locate is proto-Schellingian, the alternative reading is proto-Hegelian. Deciding how to read the Beweisgrund is consequently a kind of rehearsal of Schelling’s argument with Hegel. My reading makes two gains vis-à-vis Schelling: an entry point into his late thought that is independent of the constantly shifting terms that he himself employs; and a reason to think that his late thought has a deep Kantian root and is not merely an abreaction to Hegel or to his own earlier Identity Philosophy.
Can We Quarantine the Quantum Blight?
Authors: Callender Craig
Published: May 2020

In the science fiction novel Quarantine, Greg Egan imagines a universe where interactions with human observers collapse quantum wavefunctions. Aliens, unable to collapse wavefunctions, tire of being slaughtered by these collapses. In response they erect an impenetrable shield around the solar system, protecting the rest of the universe from human interference and locking humanity into a starless Bubble. When confronting scientific realism and the quantum, many philosophers try to do the theoretical counterpart of this fictional practical strategy. Quantum mechanics is beset with many hard-to-resolve interpretational challenges. Philosophers—appealing to decoherence and coarse-graining—try to put these in a Bubble and hope that they can go about their philosophizing as before. Chapter 4 aims to burst this Bubble, and then explores ways of eliminating quantum underdetermination, showing that such attempts lead to philosophical gridlock.
Can Pragmatism about Quantum Theory Handle Objectivity about Explanations?
Authors: Jansson Lina
Published: May 2020

Richard Healey’s pragmatist approach to quantum theory promises a middle road between realism and anti-realism. However, in order to capture quantum theory’s explanatory power the pragmatist approach gives up a putative truism about explanation. Namely, that explanation demands accurate representation of the target system. This threatens to undermine our ability to distinguish explanations from nonexplanations in an objective way. Chapter 8 develops a criterion internal to explanation that puts a systematic restriction on the explanatory roles of non-representational (or not adequately representing) explanatory resources. It shows that this allows the pragmatist approach to keep the realist commitment to objective explanation even while weakening the typical realist commitment to the putative truism about explanation. However, the chapter also argues that this way of tackling the problem does not allow us to have a middle road without some explanatory sacrifices. Quantum states and the Born rule can be part of explanations but no longer the explanatory initial input.
Planning for War and Peace
Authors: Maher Ashley
Published: May 2020

After modernism transformed from rhetoric to reality through state-sponsored reconstruction, postwar planning brought new literary formulations of the dystopian. By absorbing the conventions of planning genres into their own work, John Betjeman, George Orwell, and Evelyn Waugh turned those genres against themselves: they portray a dehumanization perpetrated by the architecture that had been billed as the new “humanism” for the postwar world. Betjeman relied on parody in his poetry and anti-planning films, whereas Orwell and Waugh—despite their vast political differences—both envisioned a Britain that was less democratic in the wake of Labour Party–led reform. Through their counter-representations of the postwar future, they show the technocratic state and modernist functionalism to be fundamentally irrational; planning for peace may instead be planning for more war.
Epilogue: Modernist Afterlives
Authors: Maher Ashley
Published: May 2020

While J.G. Ballard has been treated as a leading postmodernist, his dystopian fiction can best be understood in the mid-century architectural context of Huxley’s and Orwell’s pioneering narratives. Accordingly, the temporality of Ballard’s novels, with their “future that had already taken place, and was now exhausted,” aligns with Ballard’s interest in the ruins of “modernism of the heroic period”: a prewar utopianism irreparably compromised by the concrete and steel martial architecture of World War II. Ballard suggests that the postwar modern movement, rather than simply relying on war energies, produced structures whose very forms channel violence; state violence and interpersonal violence are inseparable. In Ballard’s narratives of buildings that outlive their makers, the new architecture portends extinction rather than new expressions of humanism. Through this architectural death drive, Ballard portrays modernism itself as a haunting presence, hovering over postwar literature as well as the postwar nation.
Reflections on Making Clocks Harrison’s Way
Authors: FBHI Martin Burgess FSA
Published: May 2020

Martin Burgess reflects on his experiences in making Clocks A and B and outlines some vital guidelines to anyone considering making a regulator clock that follows Harrison’s principals. For example, the pendulums on Clocks A and B are both made from Invar, an alloy developed in the early twentieth century that has a very low coefficient of thermal expansion. In keeping with standard practice, the pendulums are compensated for temperature change by inclusion of a small brass block that supports the pendulum bob. Any downward expansion of the rod is counteracted by an upward expansion of the brass—the dimensions of the brass block is easily calculable. Burgess later understood that the modern form of pendulum, though easier to construct, lacked the frictional properties of the gridiron, which come to play in compensating for changes in barometric pressure.
Crunching the Numbers
Authors: van Baak Tom
Published: May 2020

This chapter offers an in-depth analysis and examination of measurement data for Clock B, trialled from 2012 to 2016 at the Royal Observatory, Greenwich. It evaluates the merits and shortcomings of barometric and temperature compensation, based on data gathered after adjustments made to the clock in 2014. The clock clearly met John Harrison’s claim of accuracy to within one second in 100 days in the 2015 peer-reviewed trial; however, Harrison did not outline the conditions of measuring accuracy. This paper explores potential methods for quantifying clock accuracy and lays bare details of the electronic measurement system. The raw data yielded some apparent anomalous values, which are unpicked and explained.
Decoding the Physical Theory of Harrison’s Timekeepers
Authors: Hobden M. K.
Published: May 2020

Harrison worked in an extraordinary time and was privileged to rub shoulders with many of London’s prominent figures in the history of science. Importantly his first sponsor and mentor, George Graham FRS, was undoubtedly a great source of inspiration and a connection to the resources of the Royal Society. This paper presents Harrison’s own writing, drawing resonance and parallels with contemporary popularisers of Newtonian science, such as Nicholas Saunderson and Venteri Mandey. It also examines connections to later scientific work and oscillator theory and that Harrison’s often-cryptic expression demonstrated an advanced understanding of the physics of pendulums swinging in free air.