bluuebunny/crossref_metadata_2025 huggingface dataset:
Forgiveness, Self-Respect, and Humility
Authors: Holmgren Margaret R.
Published: June 2021

This chapter argues that (at least) two important virtues—self-respect and humility—are exhibited by the victim of serious wrongdoing who adopts an attitude of unconditional genuine forgiveness toward her offender, and that each of these virtues plays a significant role in the process of forgiving. The chapter further argues that although these virtues may seem initially to pull in opposite directions, they are actually fully compatible with one another. Two specific forms of self-respect that are central to forgiveness are identified and discussed. The relationship between forgiveness and humility is then examined. Three previously recognized aspects of this relationship are found to be important but contingent. A fourth aspect of the relationship that is not contingent is then articulated and developed—an aspect that is grounded in a basic conflict between a judgmental orientation toward others and the virtue of humility.
Frailty and Forgiveness
Authors: Allais Lucy
Published: June 2021

My aim in this chapter is to characterize the change of heart that plays a role in forgiveness—in giving up warranted blaming reactive attitudes. I present this in the context of developing a Kantian account of what forgiveness is and why we need it, drawing on his moral psychology to characterize the relevant change of heart. I appeal in particular to Kant’s account of human frailty and its relation to his account of human evil. I argue that it is frail and flawed agents who lack an entirely fixed and stable character for whom forgiveness is a live option and a need. For such agents, there may be space to interpret us in the light of better willing than our wrongdoing indicates.
Forgiveness and Consequences
Authors: Arneson Richard
Published: June 2021

When should you forgive a wrongdoer? This chapter develops an act-consequentialist approach to answering this question with a view to exhibiting its attractiveness. The act consequentialist holds that one ought always to do whatever would bring about the best reachable outcome, impartially assessed. So this approach conflicts with common beliefs. A second, independent aim of this chapter is to urge the usefulness of a spare idea of what forgiveness is. On the spare account, forgiveness is the extinguishing of certain negative reactive attitudes in a person toward another, these attitudes being directed at what is perceived to be that individual’s wrongdoing or at least subpar behavior that constitutes a wrong or offense either to the person harboring the attitudes or to others with whom that person specially identifies. Forgiving someone, then, may be something that happens to the forgiver, not something she does.
Veteran Hiring and Retention
Authors: Eiler Sherri , Nygren Ren , Olivarez Sandra , Profit Gary M.
Published: June 2021

This chapter describes the experience and lessons learned regarding the veteran hiring initiative within Military Programs at Walmart. A proponent of veteran hiring for decades, Walmart formally launched the Veterans Welcome Home Commitment in 2013 and is currently the largest private sector employer of veterans and military spouses. While many companies understand the benefits of hiring veterans, a number of companies find that retaining veteran employees can be challenging. Using a four-step model, common-sense tactics utilized by Walmart are provided that can be used to help veterans successfully transition from their military careers to civilian organizations through understanding military and corporate culture and how veterans coming from the military’s culture fit in with an organization’s corporate culture. This chapter also describes how the lessons learned from Walmart’s veteran hiring efforts can be used by smaller companies that may be considering or are actively deploying veteran and military family member hiring initiatives.
Deflating Deflationism about Mental Representation
Authors: Hutto Daniel D. , Myin Erik
Published: June 2021

The radically enactive, embodied view of cognition (REC) holds that cognition is not always and everywhere grounded in the manipulation of contentful representations. Arguments for REC have assumed that its opponents defend a substantive notion of representation—a notion that entails the existence of content-carrying mental states. This paper considers the prospects of representationalism of a different stripe—one that prefers deflated notions representation. For example, deflationists hold that talk of mental representations might just be a kind of convenient labeling that does not commit theorists to any substantive claims about the explanatory work done by psychosemantic properties. Taking the deflationary option thus undercuts the crucial motivation for positing mental representations in the first place. This chapter argues that, should the deflationist arguments prove warranted, they provide reason to hold that some forms of cognition are contentless, à la REC.
How Do We Take Real-World Action?
Authors: Schrier Karen
Published: June 2021

Chapter 5 describes how games can support real-world action and change. How can knowledge be applied to the public sphere and serve communities? Why and how should games be used to enable ethics- and civics-in-action? What are the best practices and strategies for supporting connections among civics, ethics, and the real world using games? The chapter includes an overview of why it is necessary to engage in real-world action. It describes the benefits of applying learning to real-world contexts and processes, and why games may support this. It also includes the limitations of using games to apply knowledge, and how to minimize those limitations. Finally, it reviews strategies that teachers can take to use games to take action and make change. It opens with the example EteRNA, and also shares five examples-in-action: Reliving the Revolution, 1979 Revolution: Black Friday, Community PlanIt, Bay Area Regional Planner, and Thunderbird Strike.
How Do We Cultivate Compassion and Respect for Others?
Authors: Schrier Karen
Published: June 2021

Chapter 8 describes how games may help people to cultivate empathy, compassion, care, and respect for others. How do individuals learn how to treat people with dignity and humanity, and how might games support this? What are the best practices and strategies for supporting perspective-taking and bias reduction using games? The chapter includes an overview of why perspective-taking and compassion matter in civics and ethics, and why games may support this. It also includes the limitations of using games to explore our perspectives and biases, and how to minimize those limitations. Finally, it reviews strategies that teachers can take to use games to practice skills related to empathy and compassion. It opens with the VR experiences Tree and 1000 Cut Journey, and also shares five examples-in-action: Mission US, Attentat 1942, The Migrant Trail, The Road Not Taken, and When Rivers Were Trails.
Life and Work
Authors: Timmons Mark
Published: June 2021

This chapter is an introduction to Kant’s life and his work. It situates Kant’s moral philosophy historically, explains his writing of The Doctrine of Virtue (DV) and its place in Kant’s overall moral philosophy. The chapter concludes with an overview of the book’s five parts. Part I is background comprising two chapters. Part II explains the material in Kant’s general introduction to The Metaphysics of Morals, of which DV is a part. Part III covers the dedicated introduction to DV, while parts IV and V cover the doctrine of elements of ethics and the doctrine of method that comprise his normative ethical theory.
Preliminary Concepts and Division for a Metaphysics of Morals
Authors: Timmons Mark
Published: June 2021

This chapter explicates key ideas and concepts from Sections III and IV of the general introduction to Kant’s Metaphysics of Morals. Section 1 of the chapter explains the concepts of freedom, practical law, imperatives, obligation, and duty. Section 2 explains the distinctions between moral personality, humanity, and human being, while section 3 explains Kant’s view that there is a single fundamental moral principle that serves as a basis for deriving a complex system of duties. Section 4 explains the difference between the legality and morality of actions according to Kant’s technical understanding of these concepts. Section 5 explains the basis for a division between the doctrine of right and the doctrine of virtue. Finally, section 6 presents some of the basic elements of the doctrine of right, for purposes of contrast with the doctrine of virtue. The chapter concludes with reflections on Kant’s conception of duty and lawgiving.
The Doctrine of Virtue as a Doctrine of Ends
Authors: Timmons Mark
Published: June 2021

This chapter concerns the first three sections of Kant’s dedicated introduction to Part II of the Metaphysics of Morals—The Doctrine of Virtue. Section 1 of the chapter explains why, according to Kant, there must be a doctrine of virtue as a part of a more comprehensive doctrine of morals. Section 2 explains why ethics is both a doctrine of virtue and a doctrine of ends. Section 3 discusses the concept of an end that is also a duty and why such ends are fundamental in a doctrine of virtue. Section 4 considers Kant’s argument that there must be ends that are also duties, otherwise (so he argues) there can be no doctrine of morals. The chapter’s conclusion is summary.
Radical Evil and the Nature of Virtue
Authors: Timmons Mark
Published: June 2021

This chapter situates Kant’s conception of virtue against the thesis of radical evil, according to which although human beings have a predisposition to virtue, they nevertheless have a propensity to moral evil. Section 1 of the chapter explains Kant’s conception of the “original predisposition to good” as presented in the Religion within the Boundaries of Mere Reason. Section 2 discusses the predispositions to moral feeling, conscience, love of humanity, and respect that Kant posits as presuppositions of being subject to moral requirements. The thesis of radical evil is explained in section 3. Kant’s concept of virtue is the topic of section 4, the propensities to evil (frailty, impurity, and depravity) are discussed in section 5, and in section 6 the task of acquiring virtue by overcoming affects and passions leading to moral evil is explained. The chapter ends with a brief comparison of Kant’s conception of virtue with Aristotle’s.
Perfect Duties to Oneself Merely as a Moral Being
Authors: Timmons Mark
Published: June 2021

This chapter considers Kant’s arguments for the claims that lying, miserliness, and servility are violations of duties to oneself. Although his argument against lying appeals to natural teleology, namely, that the purpose of one’s power of communication is to accurately convey one’s thoughts, this chapter argues that the argument is fallacious and that the wrongness of lying is better explained by relating it to the duties of conscience and self-scrutiny—duties partly constitutive of the duty of moral self-perfection. In addressing the duty to avoid miserliness, the chapter considers how Kant’s conception of virtue and vice contrasts with his understanding of the Aristotelian doctrine of the mean. The chapter continues with the duty to avoid servility and its relation to Kant’s conception of ‘true noble pride’ to be found in the earlier lecture notes on ethics. The chapter concludes with a brief discussion of Kant’s so-called moral rigorism.
Friendship
Authors: Timmons Mark
Published: June 2021

This chapter considers “On the most intimate union of love and respect in friendship”—Kant’s conclusion to the preceding Elements of Ethics comprised of duties to oneself and to others. Kant first describes the elements of an ideal friendship which, as ideal, cannot be realized by human beings, yet it can serve as a standard for evaluating human friendships. He then proceeds to describe the elements of humanly possible “moral friendships” that strive toward a balance of love and respect, pointing out the difficulties in achieving them. This chapter elaborates on Kant’s behalf these types of friendship. It then proceeds to discuss Kant’s appendix on the virtues of social intercourse and their role in moral life.
Moral Education and Practice
Authors: Timmons Mark
Published: June 2021

The second part of The Doctrine of Virtue is the doctrine of methods that concerns moral education and the practice of virtue. This chapter elaborates Kant’s conception of moral education including the so-called catechism method of moral instruction. The methods of practicing virtue Kant refers to as “ethical ascetics,” in which he stresses the importance of striving to be both “valiant and cheerful” in carrying out one’s duties. Following this is Kant’s conclusion to the book, in which he explains why a metaphysics of morals does not include reference to God or religion. The chapter concludes with reflections on the outstanding tasks for the methods including how the pure laws of morality can gain access to one’s mind and how they can also influence one’s decisions.
All About Cells
Authors: Douglas Kenneth
Published: June 2021

Abstract: This chapter takes the reader on an imaginary scuba diving tour of the watery world of the cell and its surroundings, pointing out features such as the cytoskeleton (that forms the equivalent of the bones and muscles of our cells), the cell membrane (the outer skin of the cell), and the cell membrane’s embedded proteins that provide selective access to the interior of the cell—organelles (elfin versions our own organs). The chapter stresses the tumultuous action that occurs non-stop within the cells as proteins are assembled for use within and outside the cells. The chapter discusses stem cells, including the discovery of induced pluripotent stem cells. The chapter relates how cells differentiate to become dissimilar cell types, stresses the importance of three-dimensional study of cells (rather than two-dimensional study), and explains the different ways in which cells talk to each other.
The Heart
Authors: Douglas Kenneth
Published: June 2021

Abstract: This chapter covers the creation of a bioprinted heart (cardiac) patch that might help to restore functional heart tissue after a heart attack. The chapter tells of the discovery that calcium ions carry the signal that initiates heart contraction. It also explains research on a pre-vascularized bioprinted heart patch that uses decellularized extracellular matrix and cardiac progenitor cells in its preparation. This study showed that of the various bioprinted constructs tested, the one that placed cells in an ordered arrangement (rather than as a random mix) gave the best results when transplanted into mice or rats. The experimenters performed echocardiograms on rats with a myocardial infarction (heart attack) and which had received a heart patch. Another study measures the contraction force exerted by bioprinted beating heart tissue.
Organs-on-a-Chip
Authors: Douglas Kenneth
Published: June 2021

Abstract: This chapter explores organs-on-a-chip, miniaturized bioprinted organ tissues enclosed in a microfluidic housing (microfluidics refers to very small-scale plumbing) that can mimic functions of human physiology or disease and are particularly effective when multiple tissue types—for example, lung, heart, and liver—can interact on the same chip. The chapter sets forth the historical evolution of organs-on-a-chip and instances several studies. In one investigation, experimenters found a totally unexpected result in which a drug produced an inflammation of lung tissue that in turn led to toxic results in nearby heart tissue. In another inquiry, researchers focused on a bioprinted, functional, airway-on-a-chip to characterize inflammatory diseases such as asthma and chronic obstructive lung disease and vet potential medications for their treatment. Their work included quantitative comparisons of normal lung tissue and asthmatic lung tissue to a variety of insults, including household dust mites.
Epistemic Bubbles and Authoritarian Politics
Authors: Anderson Elizabeth
Published: June 2021

Contemporary U.S. political discourse is distorted by “epistemic bubbles.” In social epistemology, an epistemic bubble is a self-segregated network for the circulation of ideas, resistant to correcting false beliefs. Dominant models of epistemic bubbles explain some of their features, but fail to account for their recent spread, increasing extremity, and asymmetrical distribution across political groups. The rise of populist authoritarian politics explains these recent changes. I propose two models of how populism creates epistemic bubbles or their functional equivalents: (1) by promulgating biased group norms of information processing; and (2) by replacing empirically-oriented policy discourse with an identity-expressive discourse of group status competition. Each model recommends different strategies for popping epistemic bubbles. My analysis suggests that social epistemology needs to get more social, by modeling cognitive biases as operating collectively and outside people’s heads, via group epistemic and discursive norms.
Policy, Ignorance, and the Will of the People
Authors: Ahlstrom-Vij Kristoffer , Steele Jennifer R.
Published: June 2021

It is well established that the general population tend to lack in-depth knowledge about key political and policy matters. What are the implications for policymaking? This chapter considers this question in the context of immigration policy, reporting first on a focus group study which offers evidence that reported desires for a reduced number of immigrants might ultimately reflect a desire for immigrants of (perceived) high quality, not a reduction in overall quantity, where quality is defined in terms of fiscal impact. The chapter then argues that public preferences for such “good immigrants” are problematic, deploying a number of counterfactual models that suggest that such preferences are based on mistaken beliefs, and arguing that they thereby likely fail to reflect what the person truly desires. These findings extend beyond immigration policy and serve to highlight the often-overlooked problem that policies implemented with reference to popular sentiments might not capture “the will of the people.”
Transatlantic Modernism and the US Lecture Tour
Authors: Volpicelli Robert
Published: June 2021

Transatlantic Modernism and the US Lecture Tour examines how the US lecture tour served as a vital infrastructure for bringing regional audiences from all across America into direct contact with international modernists. In doing so, the book reroutes scholarly understandings of modernism away from the magazines and other mass media that have so far characterized its circulation and toward the unique form of cultural distribution that coalesced around public lecturing. More specifically, it highlights the role the lecture circuit played in the formation of transatlantic modernism by following a diverse group of international authors—Oscar Wilde, W. B. Yeats, Rabindranath Tagore, Gertrude Stein, and W. H. Auden—on their wide-ranging tours through the American landscape. By analyzing these tours, this study illuminates how this extremely physical form of literary circulation transformed authors into commodities to be sold in a variety of performance venues. Moreover, it shows how these writers responded to such broad distribution by stretching their own ideas about modernist authorship. In this way, Transatlantic Modernism and the US Lecture Tour adds to a critical tradition of revealing the popular dimensions of modernism by demonstrating how the tour’s social diversity forced modernists to take on new, more flexible forms of self-presentation that would allow them to appeal to many different types of audiences.
Personal Identity and Impersonal Ethics
Authors: Campbell Tim
Published: June 2021

On the Reductionist View, the fact of a person’s existence and that of her identity over time just consist in the holding of certain more particular facts about physical and mental events and the relations between these events. These more particular facts are impersonal—they do not presuppose or entail the existence of any person or mental subject. In Reasons and Persons, Derek Parfit claims that if the Reductionist View is true, then ‘it is … more plausible to focus, not on persons, but on experiences, and to claim that what matters morally is the nature of these experiences’. But why think that the Reductionist View has this implication? As critics such as Robert Adams, David Brink, Mark Johnston, Christine Korsgaard, and Susan Wolf have suggested, it is not clear why the Reductionist View should have any implications regarding the moral importance of persons. This chapter argues that in contrast to Non-reductionist views, Psychological Reductionism, a version of the Reductionist View that assumes a psychological criterion of personal identity, supports the kind of impersonal moral outlook that Parfit describes.
Parfit on Love and Partiality
Authors: Crisp Roger
Published: June 2021

It is generally held that in his 1984 book Reasons and Persons Derek Parfit was advocating greater impartiality in ethics. In his later work, On What Matters, he seems more inclined to accept that we have partial reasons, for example, to give priority to those we love. This chapter raises some questions concerning Parfit’s arguments for partiality, including whether affection is too contingent to be valuable in itself, and whether partial concern for others, shared histories, or commitments can plausibly be said to ground non-instrumental reasons or value. The paper ends with a discussion of gratitude and an argument based on Parfit’s reductionist conception of personal identity.
Giving Reasons and Given Reasons
Authors: Broome John
Published: June 2021

Derek Parfit, as a leader of the ‘reasons first’ movement, says that the concept of a reason is fundamental and indefinable. But his concept of a reason differs from most philosophers’. Most philosophers take a reason to be a fact, whereas Parfit says that reasons are given by facts, not that they are facts. This paper distinguishes Parfit’s concept of a reason, which it calls a ‘given reason’, from the more common one, which it calls a ‘giving reason’. It argues that, whereas the concept of a giving reason is easily defined, the concept of a given reason is not. Parfit is therefore better placed than most philosophers to defend the claim that the concept of a reason is fundamental and indefinable.
Overdetermination and Obligation
Authors: Tadros Victor
Published: June 2021

This chapter is concerned with circumstances where a person’s act makes no difference to the occurrence of a negative outcome, but is a member of a group of acts that does make such a difference. In the light of an analysis of these circumstances, it argues against two familiar ideas. One is Derek Parfit’s view that the wrongness of an act directly depends on the consequences of the group of acts of which it is a member. The other is the view that intentions are irrelevant to permissibility. The chapter suggests that wrongness and permissibility, in these cases, is distinguished by the intentions of those who act. It also argues that intentions make a difference to a person’s liability to punitive, compensatory, and defensive harm. Finally, it briefly considers cases involving mixed motives.
Introduction
Authors: North Jill
Published: June 2021

This chapter provides an overview of the book: its aims, scope, and key themes. The chief project is to unearth how we figure out what our mathematically formulated, best physical theories tell us about the nature of the world, and how we figure out what these theories tell us when they can be mathematically formulated in different ways. The chapter outlines the core theme of taking the mathematics in which our best physical theories are formulated seriously; notes the background assumption of scientific realism; outlines the idea that direct formulations of physical theories are preferable; explains the idea of taking a theory’s metaphysical aspects seriously; and notes that one upshot of the account will be fewer cases of theoretical equivalence than usually thought.
Conclusion
Authors: Ruokanen Miikka
Published: June 2021

The present study has established a new understanding of Luther’s theological paradigm in his major work. Luther’s comprehensive understanding of the Trinitarian theology of grace, with special emphasis on Pneumatology, alongside the more obvious Christology, and together with a strong link with the theology of creation, is the fundamental thought structure of his magnum opus. The analysis has established an understanding of a three-dimensional structure of Luther’s Trinitarian doctrine of grace. Luther’s emphasis of prevenient grace and his combination of the forensic and participatory aspects of justification were his alternative to the Late Medieval doctrine of grace, which focused on the anthropological conditions for receiving God’s grace. Luther research has seen the participatory aspect (donum) as a term indicating an “effective change” in the believer; the present work shows that participation and forensic imputation (favor) belong together, enabling each other as the two complementary dimensions of the alien justice of Christ; the change, sanctification, comes as a fruit of that. Luther is a passionate defender of a radical doctrine of fully theocentric and monergistic Trinitarian grace; in order to maintain the clear principle of sola gratia, this doctrine must necessarily be Trinitarian. For Luther, this is the core of the Christian truth. The work at hand is the first piece of research revealing the centrality of Pneumatology and of the Trinitarian conception of grace, undermined in the previous research. The chapter includes a concluding encounter with Luther research. The Trinitarian doctrine of grace intensifies the ecumenical potential of Luther’s theology.
I Am Not Old
Authors: Balberg Mira , Weiss Haim
Published: June 2021

Chapter 3 explores the relations between age and socio-intellectual status within the rabbinic study house. It shows that alongside an attempt made in some rabbinic texts to present a harmonious picture of members of the study house as an ageless community, there are also various indications of intergenerational animosity, disharmony, and even cruelty. The first part of the chapter examines the ethos that Torah learning protects one from the predicaments of old age, and it also argues that the ethos of an ageless society of learners creates a social setting in which the young cannot be truly young. The second part of the chapter turns to sources that present ruptures and tensions in the idealized vision of intergenerational harmony in the study house and in the world of Torah learning, looking closely at one story of brutal excommunication (BT Mo‘ed Qatan 17a).
Helpmeets, Mothers, and Midwives among the Patriarchs
Authors: Westerkamp Marilyn J.
Published: June 2021

This chapter reviews old and New England society and culture, emphasizing the patriarchy that governed women’s lives. Following a general discussion of the model of household structure, the chapter addresses the social, legal, and political realities of women’s lives along with the cultural construction of women, biologically, socially, and intellectually. The chapter explores the ideological constructions of gender from, as far as possible, both a male and female perspective. The chapter also discusses the distinct women’s community, including not only women’s labor and friendship networks, but also the centrality of the reproductive community: woman as healer, midwife, and reproducer. Throughout, the chapter places the control exercised through law, custom, and prescription against the power women discovered within the female community.
Commercial Arbitration
Authors: Mentschikoff Soia
Published: June 2021

This article assesses the structure and the process of commercial arbitration, which are determined by the different institutional contexts in which it arises. The simplest institutional context or setting is when two persons in a contract delineating a business relationship agree to settle any disputes that may arise under the contract by resort to arbitration before named arbitrators or persons to be named at the time of the dispute. A second type of arbitration arises within the context of a particular trade association or exchange. The third setting for commercial arbitration is found in administrative groups, such as the American Arbitration Association, which provide rules, facilities, and arbitrators for any persons desiring to settle disputes by arbitration. The article then distinguishes between those factors that can be said to produce a need for arbitration machinery in commercial groups and those factors that merely make it desirable.
Panacea or Corporate Tool?: Debunking the Supreme Court’s Preference for Binding Arbitration
Authors: Sternlight Jean R.
Published: June 2021

This article argues that the US Supreme Court’s preference for binding arbitration is not supported by legitimate policy arguments. There are two major flaws with the argument that binding arbitration is necessarily better for all parties. First, although most would agree that arbitration can often be superior, as an empirical matter it is not clear that binding arbitration is necessarily faster, cheaper, and otherwise better than litigation. Second, even assuming for the sake of argument that arbitration is cheaper, quicker, and even better for society as a whole, it may still not serve the interests of all parties. The article asserts that any social gains achieved by forcing binding arbitration on unknowing “little guys” are outweighed by the distributional inequities and injustices also incurred.
Employment Arbitration: The Repeat Player Effect
Authors: Bingham Lisa B. , Amsler Lisa Blomgren
Published: June 2021

This article addresses employment arbitration, which is emerging as a controversial method for resolving disputes between employers and employees not represented by a union. Employment arbitration holds great promise as a dispute resolution process for employees who otherwise would never have a hearing on their claims against an employer. However, critics argue that mandatory arbitration is a new corporate tool used to advantage by large companies against consumers, employees, and other “little guys.” In particular, critics caution that in the absence of a union, the process is skewed against the employee, particularly the unrepresented employee. Some have expressed concern that, as institutional repeat players who will use the arbitration process for multiple cases, employers have an advantage over employees, who are unlikely to use it more than once or twice in their lifetimes. The article determines whether there is a measurable repeat player effect, examines possible explanations for its existence, and identifies policy issues for employment arbitration that are raised by the effect.
Against Settlement
Authors: Fiss Owen M.
Published: June 2021

This article argues against the idea that settlement as a generic practice is preferable to judgment or should be institutionalized on a wholesale and indiscriminate basis. It should be treated instead as a highly problematic technique for streamlining dockets. It is a capitulation to the conditions of mass society and should be neither encouraged nor praised. The dispute resolution story that underlies alternative dispute resolution implicitly asks one to assume a rough equality between the contending parties. It treats settlement as the anticipation of the outcome of trial and assumes that the terms of settlement are simply a product of the parties’ predictions of that outcome. In truth, however, settlement is also a function of the resources available to each party to finance the litigation, and those resources are frequently distributed unequally. The article then points to the absence of authoritative consent in settlement.
Pursuing Settlement in an Adversary Culture
Authors: Menkel-Meadow Carrie
Published: June 2021

This article studies the development of case and statutory law of alternative dispute resolution (ADR). Different constituencies have pursued settlement or ADR for vastly different reasons. These purposes behind ADR have led to important policy decisions and legal rulings which have given expression to different values underlying particular forms of ADR. The key to answering the question “why pursue settlement?” is to know what the alternatives are and to determine by what standards both settlement and the alternatives will be measured. This implicates two of the major theoretical and philosophical questions confronting the innovations of ADR: (1) Are there principled reasons for preferring one process or result over another? (2) By what standards of appropriateness for dispute resolution should such decisions be measured? The article then considers the implications of the legalization and institutionalization of ADR.
Conclusion
Authors: Doner Richard F. , Noble Gregory W , Ravenhill John
Published: June 2021

The country case studies reveal two divergent approaches to automotive industrialization. Some countries have attempted to deepen local capabilities via institutions for industrial diffusion and cooperation. Intensive development proved remarkably successful in Korea, and to a lesser extent in China and Taiwan, but failed in Malaysia. In contrast, Indonesia, the Philippines, and Thailand have come to rely almost solely on foreign multinationals, leading to a shallow but potentially extensive pattern of development. The Conclusion reviews the balance between external threats and access to resources that helped determine the degree of commitment to institution building. It then tests that framework against the experience of Mexico, Brazil, and other developing countries, and considers the implications for theories of economic development. New challenges facing the automobile industry include congestion, global warming, and the transition to electric and autonomous vehicles. In each case, institutions for industrial cooperation and diffusion will play a crucial role.
Personalized Law
Authors: Ben-Shahar Omri , Porat Ariel
Published: June 2021

We live in a world of one-size-fits-all law. People are different, but the laws that govern them are uniform. “Personalized Law”—rules that vary person by person—will change that. Here is a vision of a brave new world, where each person is bound by their own personally tailored law. “Reasonable person” standards would be replaced by a multitude of personalized commands, each individual with their own “reasonable you” rule. Skilled doctors would be held to higher standards of care; the most vulnerable consumers and employees would receive stronger protections; age restrictions for driving or for the consumption of alcohol would vary according to the recklessness risk that each person poses; and borrowers would be entitled to personalized loan disclosures tailored to their unique needs and delivered in a format fitting their mental capacity. The data and algorithms to administer personalized law are at our doorstep, and embryos of this regime are sprouting. Should we welcome this transformation of the law? Does personalized law harbor a utopic promise, or would it produce alienation, demoralization, and discrimination? This book is the first to explore personalized law, offering a vision of law and robotics that delegates to machines tasks traditionally performed by humans. It inquires how personalized law can be designed to deliver precision and justice and what pitfalls the regime would have to prudently avoid.
Assessing the Health System of a Country
Authors: Atun Rifat
Published: June 2021

Chapter 2 describes different definitions and conceptualizations of health systems. It presents a proprietary framework that adopts a systems view of health systems. In the authors’ framework they conceptualize health systems as a collection of functions that interact to produce outputs that in turn are used to produce outcomes. Health systems functions consist of organization and governance, financing, and resource management. These functions are used to produce health system outputs, namely public health services and personal healthcare services. Policymakers use policies to ensure the health system outputs are effective, efficient, equitable, and responsive to achieve the right level and distribution of health system outcomes, namely population health, financial protection, and user satisfaction. The health system is situated in a dynamic and changing context with which it interacts and is influenced by it. The context is shaped by demographic, epidemiological, political, legal and regulatory, economic, sociocultural, ecological, and technological changes and shifts that create opportunities and threats to which the health system must respond. Policymakers need to consider how to design health systems to ensure that they are not only responsive and resilient to the opportunities and threats created by contextual changes and shifts but also that they ensure the right balance of effectiveness, efficiency, equity, and responsiveness for the system outputs to achieve desired level and distribution of outcomes.
Insights From Systems Thinking
Authors: Atun Rifat
Published: June 2021

Chapter 7 presents three high-level insights that can be drawn from this book’s look at a health system from a systems thinking perspective. First, all health systems suffer from one of systems theory’s classic descriptive models called The Tragedy of the Commons, in which a scarce resource is consumed when a collective benefit (e.g., health insurance) is subsidized and its price to the user is less than the cost to produce it. Second, when viewed from a systems perspective of value-for-money, most health systems face competing objectives—satisfying individual’s demands for maximizing their own medical care and providing healthcare as a fundamental right of all citizens regardless of ability to pay. Third, to integrate these goals requires re-framing the way societies think about each. The authors describe double-loop learning, which is required when confronting second-order change. The latter term describes problems where it is necessary to redesign human perceptions for change to lead to improvement. Complex changes require double-loop learning, in which underlying interpretive conflicts and differing values and beliefs are surfaced and managed.
ARENA
Authors: Loxton James
Published: June 2021

This chapter examines ARENA in El Salvador and argues that, like the UDI in Chile, its success was the product of authoritarian inheritance and counterrevolutionary struggle. The first section discusses El Salvador’s long history of right-wing military rule. The second section examines the October 1979 coup and the resulting establishment of a left-wing Revolutionary Governing Junta. The third section discusses the intense counterrevolutionary response that the junta triggered. This included large-scale death squad violence, with future ARENA founder Roberto D’Aubuisson playing a key role. The fourth section examines the formation of ARENA in response to an impending transition to competitive elections. The fifth section shows how D’Aubuisson’s role as a high-level official in the pre-1979 military regime endowed ARENA with several valuable resources. The final section discusses how ARENA’s origins in counterrevolutionary struggle served as a powerful source of cohesion.
Conclusion
Authors: Loxton James
Published: June 2021

This concluding chapter considers the theoretical, empirical, and normative implications of the book’s argument. The first section discusses its contributions to two classic findings in the party-building literature about the importance of (1) mobilizing structures and (2) polarization and conflict. The second section shows that the authoritarian successor parties discussed in preceding chapters are part of a much larger phenomenon. It highlights the prevalence and diversity of authoritarian successor parties in Latin America in particular, discussing several additional cases not covered in previous chapters and presenting questions for future research. The final section considers the effects of authoritarian successor parties on democracy. It argues that while these parties can be harmful in several ways, they can also contribute to democratic stability by incorporating potential “spoilers” into the new regime—especially when they double as conservative parties.
Teacher, Preacher, Soldier, Spy
Authors: Grasso Christopher
Published: June 2021

Teacher, Preacher, Soldier, Spy: The Civil Wars of John R. Kelso is an account of an extraordinary nineteenth-century American life. A schoolteacher and Methodist preacher in Missouri, in the Civil War Kelso earned fame fighting rebel guerrillas. Seeking personal revenge as well as defending the Union, he vowed to slay twenty-five rebels with his own hand, and when he did so he was elected to Congress. In the House of Representatives during Reconstruction, he was one of the first to call for the impeachment of President Andrew Johnson. After his term in Congress, personal tragedy drove him west, where he became a freethinking lecturer and author, an atheist, a spiritualist, and, before his death in 1891, an anarchist. John R. Kelso was many things. He was also a strong-willed son, a passionate husband, and a loving and grieving father. The Civil War remained central to his life, challenging his notions of manhood and honor, his ideals of liberty and equality, and his beliefs about politics, religion, morality, and human nature. Throughout his life, too, he fought private wars—not only against former friends and alienated family members, rebellious students and disaffected church congregations, political opponents and religious critics, but also against the warring impulses in his own complex character. His life story, moreover, offers a unique vantage upon dimensions of nineteenth-century American culture that are usually treated separately: religious revivalism and political anarchism; sex, divorce, and Civil War battles; freethinking and the Wild West.
Conclusion
Authors: Grasso Christopher
Published: June 2021

Kelso had been a teacher, a preacher, a soldier, and a spy; a congressman, a lecturer, and an author; a Whig, a Radical Republican, a Democrat, and an anarchist; a Methodist, a spiritualist, and an atheist. His nineteenth-century American life was both ordinary and extraordinary. He was a representative man of nineteenth century America by embodying “modes of character” enmeshed in larger systems and principles not of his own making: the Evangelical Christian, the Enlightened Critic, the Sentimental Hero, and the Radical Reformer. These did not form a tidy sequence, one replacing the previous. Kelso displays, with his own peculiar vitality, the nineteenth century’s complex intermingling of sentimentality and rationalism, sympathy and self-assertion, aspiration and despair, violence and tears.
Ravana Center Stage
Authors: Richman Paula
Published: June 2021

Most dominant texts in the Ramayana tradition center on Rama as hero and Ravana as villain, but this chapter analyzes two innovative theatrical productions that have sympathetically represented Ravana’s life from his point of view. The oldest, a Kathakali work first staged in 1780, Rāvaṇodbhavam [Origins of Ravana], explores how Ravana’s determination to end his mother’s sorrow earned him rulership over the three worlds. The other, a Tamil mythological drama from the mid-1950s, Laṅkēswaraṉ [King of Lanka], concerns Ravana’s attempts to protect his daughter and begins in heaven, where he dwells after Rama slays him. Both plays illuminate phases of Ravana’s life absent from most devotional texts that glorify Rama; they were composed and first performed at a time of rupture in local political configurations, and point to other ideals of kingship than Rama’s reign.
Questions around Rām Vijay
Authors: Goswami Narayan Chandra , Dutta Parasmoni , Richman Paula , Bharucha Rustom
Published: June 2021

In conversation with Sri Narayan Chandra Goswami, the renowned sattradhikar (abbot) of the Natun Kamalabari Sattra in Assam, the co-editors of the volume, along with translator and annotator Parasmoni Dutta, raise questions relating to the history of the monastic Vaishnavite performance tradition Sattriya. Performed by monks as part of their devotional service in the sattras (monasteries) of Majuli in Assam, this tradition is attributed to the Assamese saint and social reformer, Sri Sankaradeva (1449–1568), whose play Rām Vijay is the only play in his oeuvre focusing on Ram through his marriage to Sita. Using the play as a catalyst for the discussion, Sri Narayan Chandra Goswami expounds on a range of issues—the socio-historical and cultural dimensions of Sattriya; its patronage by kings; its use as a popular means of proselytizing bhakti (a personalized devotional worship); and the representation of everyday life in the larger social and cultural context of the regional history of Assam.
Introduction
Authors: Katz Sanford N.
Published: June 2021

This introductory chapter traces the history of family law in America, which came of age during the last half of the twentieth century. Earlier, in practice, scholarship, and legal education, it was given little attention or respect. Perhaps the reason for the low status of family law practice, defined narrowly as domestic relations and almost exclusively concerned with divorce, was that it dealt with human conflicts and real people in distress, not legal abstractions. The legislative movement to recodify state family law, particularly divorce law, began mid-century. An important influence on divorce reform was the efforts of the Commissioners on Uniform State Laws. The Commissioners had been working on divorce law for seventy-five years before the Uniform Marriage and Divorce Act was promulgated in 1970. The Act brought clarity in laws on marriage, divorce, and child custody. The chapter then looks at the development of child protection practice and law. Ultimately, the legal landscape of today has been shaped by many factors: the movement for racial equality, children’s rights, women’s rights, gay and lesbian rights, and the social and legal agenda of certain religious groups.
Child Protection
Authors: Katz Sanford N.
Published: June 2021

This chapter studies the parent–child relationship through the lens of child protection laws, with emphasis on the issues of state intervention into that relationship. Throughout the history of the laws governing the complex relationship of parent, child, and state, there has been a struggle between parental authority and family privacy, on the one hand, and the state's responsibility of guarding the best interests of the child, on the other. The rhetoric has been that parents have the basic right to raise their children as they see fit, subject to their not overstepping the bounds of reasonableness in all aspects of childrearing. However, parental rights are not unlimited. Historically, the state, the ultimate parent who looks after all the children in society under the parens patriae concept, has a right to subject parents to public scrutiny and legal examination. In the United States, in the main, child protection in the form of child welfare services in the latter part of the twentieth century and the beginning of the twenty-first is basically the responsibility of the states. State social service agencies under the executive branch deliver certain social services themselves but more commonly for reasons of economy contract for foster care and adoption services with private social service agencies, which they monitor. The chapter then looks at the federal government's impact on the child protection systems in the states.