bluuebunny/crossref_metadata_2025 huggingface dataset:
Organization Theories in the Making
Authors: Rouleau Linda
Published: October 2022

This book aims to demonstrate how, over the past 25 years, the field of organization theories (OTs) has been providing stimulating, thoughtful, and innovative perspectives. Junior researchers and PhD students will find everything they need to know about key academic conversations central to the field today. The book offers a selective immersion in organizational institutionalism, convention analysis, network analysis, knowledge studies, discourse studies, and practice studies. For each of these perspectives, the book explores its different research streams and zooms in on the research communities that give rise to them. In addition, it highlights how these perspectives all intersect with each other to form a mosaic of ideas that define today’s organizations. This book also invites early career researchers and graduate students to learn how recent theories view and portray the organization and, more specifically, to understand current research questions, conceptual resources, and methods. A deep knowledge of recent OTs is key when building a compelling literature review and making meaningful theoretical contributions. This book offers readers the opportunity to develop their theory-building skills and more by taking a deep dive into the complexities and controversies of OTs. The main arguments of each perspective are illustrated by specific exemplars from academic journals. Each chapter contains a synoptic table summarizing the main scholarly components within each perspective and its research substreams.
The Past 25 Years of Theorizing Organizations
Authors: Rouleau Linda
Published: October 2022

Readers may be wondering why another organization theories (OTs) book when there are so many out there? This book gives voice to the leading-edge perspectives that have been developed in the past 25 years, namely organizational institutionalism, convention analysis, network analysis, knowledge studies, discourse studies, and practice studies. There is a plurality of new ways of seeing contemporary organizational life, making this an essential resource for junior researchers and graduate students who want to enhance their theory-building skills. This introduction describes the organization of the book. Each subsequent chapter provides a selective immersion into the key academic conversations central to the field today.
Network Analysis
Authors: Rouleau Linda
Published: October 2022

Network analysis has helped the field of organization theories (OTs) take a relational turn. Over the past 25 years, various forms of network analysis have been developed to produce knowledge around a specific type of network. On one end of the spectrum, social network analysis aims to explain the centrality or power positions of individual in networks. On the other end, particular attention is devoted to actor–network theory, which is considered one of the most ground-breaking perspectives developed over the past decades. Between these extremes, interfirm network analysis investigates the network structure of the firm and socio-economic network analysis sets out to understand networks as an organizational form. The chapter discusses why these research streams on networks are grouped together, despite their apparent differences, and what makes network analysis so popular in OTs.
Knowledge Studies
Authors: Rouleau Linda
Published: October 2022

In an economy that gives pride of place to words such as technology, innovation, and creativity, knowledge studies represent one of the major research areas within organization theories (OTs). Knowledge studies scholars are interested in how knowledge is acquired, maintained, extended, and sometimes lost or forgotten. They are undergirded by different views of knowledge: knowledge as a commodity (knowledge management); knowledge as an intangible asset (dynamic capabilities); knowledge as a mental structure (organizational learning); and knowledge as a situated activity (organizational knowing). Throughout the chapter, readers will he prompted to reach their own conclusions regarding a rather thought-provoking question: are knowledge managers the ‘Taylors’ of the new century?
The Next 25 Years of Theorizing Organizations
Authors: Rouleau Linda
Published: October 2022

To wrap up this foray into the leading-edge perspectives, junior researchers and PhD students are asked to imagine ‘organization theories (OTs) in the making’ for the next 25 years! The perspectives presented in the book will remain powerful lenses for understanding the fluidity and complexity of emerging forms of organization. Then, the chapter offers tips and advice to junior researchers and PhD students for navigating the OTs, producing knowledge, and theorizing their empirical object, whether they are writing a thesis, a research report, or a paper. Finally, it concludes with a brief overview of trends currently emerging in the field but not discussed within the book.
Theorizing Organizations in a Turbulent World
Authors: Rouleau Linda
Published: October 2022

The afterword asks a provocative question: can theory building change the organizational world? It invites organization theories (OTs) scholars to take even more seriously critical and disruptive issues such as grand challenges, extreme contexts, diversity and precarity. Research on environmental, disrupted or social issues is likely to increase the relevance of our theorizing. Such research provides the intellectual puzzlement that can trigger us to develop new ways of ‘seeing’ organizational coordination and change. However, this cannot be achieved without reflexivity. In a turbulent world, OTs scholars should ask themselves ‘for whom’ they are researching.
Failure to Perform Due to Unforeseen Circumstances
Authors: Rowan Solène
Published: October 2022

This chapter looks into the consequences of failure to perform despite unforeseen circumstances. It notes impossibility as expressed through the concept of force majeure. Force majeure will take effect in line with events of reasonably unforeseeable, insurmountable consequences, and beyond the control of the obligated party. Then, the force majeure results in no liability for damages and discharge from obligations. However, force majeure has no effect under the terms of unforeseeable circumstance would result in making the performance more difficult or costly but ultimately not impossible. The chapter also covers imprévision, which reverses the principle enunciated by the Cour de cassation.
Concluding Remarks
Authors: Rowan Solène
Published: October 2022

This chapter provides the concluding remarks of The New French Law of Contract. The Civil Code reform of the contract law section was supposed to mark the new era following the 1804 Code. The reform includes a contemporary framework for contractual relationships in line with the challenges of the globalising era. The reforms’ objectives range from updating and making the Civil Code more accessible, commercially attractive, competitive and predictable. Additionally, numerous innovations were introduced in the reforms to appeal to more commercial parties. French contract laws always adopted common law jurisdictions with more morality. The chapter then explains how the reforms achieve a striking rapprochement with international contract law instruments.
Analysing Silence: Initial Considerations
Authors: Freeden Michael
Published: October 2022

Diverse sources and theoretical frameworks supply alternative conceptual codes and patterns through which to fashion understandings of silence. One scheme emphasizes the psychological or sociological roles of silence in individual and social conduct, as aspirational, existential, solidaric, relationship positioning, or fear inducing. A second scheme identifies major epistemological constellations through which to process silences: in art and poetry; as amenable to scientific, technical, and linguistic study; as an organic unfolding of experiencing the world by means of shading, ambiguities, and temporality; and as containing codes through which to interpret the patterns through which silence intervenes in and shapes human reflection and practice. The third scheme disaggregates this last constellation into separate categories, introduced in later chapters: (1) absence, lack, and the dichotomies of presence and non-presence; (2) the mental and emotional power of silence in literature and discourse analysis; (3) silences as constituting communication barriers and hiatuses; (4) silence as integrated in speech; (5) the intersection between silence, stillness, and solitude; (6) concrete instances of different cultural contexts—mainly the topic of Part II. Finally, scheme D is composed of seven concealed micro-modalities of silence, reserved for Chapter 7. Silence is also related to two conventional opposites, sound and noise. Silence can be non-sound as acoustical absence and, by extension, unintelligible speech. It is not restricted to the institutionally political. Its political features may appear in disciplines such as anthropology, history, sociology, psychoanalysis, theology, and literature.
Silence, Stillness, and Solitude
Authors: Freeden Michael
Published: October 2022

The three terms—silence, stillness, and solitude—are both conceptually distinct and often intertwined in practice. The prominence of the binary speech–silence shifts the emphasis from sound to voice. Silence is thus related to the emergence of logos. But the speech–silence distinction is too crude. Silences can imply verbal responses; they can be transmitted between human beings, and silences in nature have been interpreted as ‘nature speaking’. In some strands of Buddhism, speech and silence may be one and the same. Stillness is often associated with calm and tranquillity but also with death and inertia. By contrast, Carlyle pays homage to industrial toil rather than stillness, in which the performativity of deeds prevails over words, accommodating an unfathomable depth of silences. Finally, solitude shields, conceals, and cocoons, combining a highly private and isolating phenomenon and the elevating, protective, select, and nigh-mystical garb of individuality. It has been held to be the romantic supplement to both silence and stillness, epitomized in Wordsworth’s poetry. Solitude hovers between a strong affirmation of one’s emotional persona and the immersion of self into an extra-human world promising communion and connectedness. It is one of many manifestations that capture the balance at the core of the political: its simultaneously disaggregative and holistic aspects.
The Temporalities of Silence: Theology, History, Anthropology
Authors: Freeden Michael
Published: October 2022

This chapter explores modes of processing silences evident in the imaginative and cultural traditions spread over the field of human inventiveness. Theological and philosophical perspectives contemplate silence as preceding and following creation, signalling two eternities encircling being, logocentricity, and discourse. As the latter are forms of temporal order and shaping, they signify a quintessential political process. Silence plays a central role in religious rituals: Communion, deference, or participation demarcate social roles, assuring stability and room for a partial retreat from everyday life, combining temporal and spatial categories. Historical narratives stitch together the hollows in their subject-matter through fictions, myths, and imaginaries. Any account of history or of biography involves silencing—through prioritizing and ranking, through forgetfulness or chance misplacement, through embarrassment or pride, through marginalizing certain groups, and through stifling alternative narratives, whether intentional or unnoticed. Residual evidence can assist scholarship in identifying those silences. Anthropology attempts to uncover the submergence of indigenous peoples by more recent cultures, and investigates the individual silences of those who cannot make the transition. Assumptions of linear development have silenced and contorted the complexities of lived reality, neutralizing underlying tensions. The silences of the past can be interrogated or refuted. The silences of the future are beyond reach and fragile. But both categories offer an ample platform on which to conduct struggles over policy.
Tacit Consent and Attributed Consent
Authors: Freeden Michael
Published: October 2022

Locke cemented the notion of tacit consent in political theory in his Two Treatises, but scholarly emphasis has been on the ‘consent’ rather than the ‘tacit’. As a form of silent performativity, Locke overlooks its unintentionality, contending that consent is signalled through ownership or utilizing public goods such as a highway. Yet politically silent people can move tacitly from ascribed consent to presumed non-consent simply by abandoning their territorial possessions and transferring their physical presence elsewhere. Locke’s tacit consent thus offers a political advantage: the freedom to enter or exit territories through a political inconclusiveness unburdened by the constraints of commitment induced by text or speech. That freedom is unavailable to those who have expressly consented. The political becomes a major exploiter of silence as its vehicle. Tacit consent is also evident in various marriage rituals in which unequal power exchanges occur. More recent instances of a ‘silent majority’ play prominent roles in political discourse carrying fantasies of control.
Ideological Assimilations of Silence
Authors: Freeden Michael
Published: October 2022

Ideologies codify what their proponents claim is ‘correct’, ‘meaningful’, or ‘appropriate’ political discourse, involving patterns of conceptual decontestation, commission, and omission. All ideologies display silencing and concealing logics such as exclusion, naturalizing, and simplifying, introducing certainty into their claims. Within each ideological family, further codes regarding the overt or covert handling of silence apply. All ideological families let voices through under certain circumstances, while rationing, regulating, or thwarting their access in other areas. Silence is a precious ideological resource, offering a tabula rasa on which to chart preferred routes to securing the political prerequisites of order, harmony, progress, and collective purpose. Marxism sees itself as unmasking the hidden, oppressive, and distorting arrangements in a society. Liberals who extol privacy overlook abuses that can occur within that shielded domain. Feminists have endured ignorance and cultural disregard for issues specifically pertinent to women’s lives. Anarchists keen to dismantle political control can be unaware of the politicization, organization, and leadership it requires. Conservatives mask human design by appealing to God, history, or economics as masters of human fate. Socialists may bury reform in the folds of a distant and obviously silent future. Populists conceal social diversity by claiming to voice the undifferentiated will of the people. Totalitarianisms routinize power and fear to the point where suppressing dissent and political criticism is normalized.
The Library of Paradise
Authors: Michelson David A.
Published: October 2022

This book tells the story of contemplative reading, a spiritual discipline practiced in the Syriac Christian monasteries of the Church of the East in sixth- and seventh-century Mesopotamia. These ascetics practiced a form of contemplation which moved from reading, to meditation, to prayer, to the ecstasy of divine vision. The book proceeds in two parts. The first part crafts a methodology. The second, longer part is an historical narrative of the development, definition, and diffusion of contemplative reading. The book adapts methodological insights from prior scholarship on the history of reading, including studies on early medieval lectio divina. Another methodological chapter undertakes a cautionary case study of the British Library manuscript collection and identifies how future scholarship can overcome cultural and racial prejudices which have sometimes obscured the history of Syriac monastic readers from view. The second half of the book employs this methodology to narrate the evolution of East Syrian contemplative reading over three historical phases: the establishment of the practice, the articulation of its theology, and the maturation and spread of the tradition. Individual chapters focus on the role of ascetic reading in the monastic reform of Abraham of Kashkar, the commentaries on Evagrius of Pontus written by Babai the Great, and the monastic handbooks of ʿEnanishoʿ of Adiabene and Dadishoʿ of Qatar. A concluding chapter points the way forward for further scholarship by noting the long legacy of East Syrian contemplative reading through its reception into Sogdian, Arabic, and Ethiopic monastic libraries.
Contemplative Reading on the Banks of the Euphrates
Authors: Michelson David A.
Published: October 2022

This chapter describes the first phase in the development of the tradition of East Syrian contemplative reading, its establishment as a practice in the monastic reform of Abraham of Kashkar, sixth-century abbot of the Great Monastery on Mt. Izla in upper Mesopotamia. The chapter begins by examining how Syriac theologians of the fourth and fifth centuries called for a recovery of the perfect life of “Paradise”. As this Syriac tradition intermingled with Greek ascetic theology, authors such as Pseudo-Macarius and John the Solitary argued that contemplative practices of reading, meditation, and prayer were essential to this pursuit of spiritual perfection. Abraham of Kashkar drew upon this hybrid Syriac–Greek tradition. He imitated Egyptian models to stabilize monastic institutions after a century of tumult in the Church of the East. As evidenced by the School of Nisibis, the Church of the East enjoyed a sophisticated scholastic literacy. The rules of Abraham’s Great Monastery transformed that skill into an ascetic tool. The chapter presents sources which offer context on how these rules may have been practiced, including the earliest extant East Syrian treatise on ascetic reading (by Abraham of Nathpar) and the life of Abraham of Kashkar’s “first-born” disciple, Rabban Bar ʿEdta. This vita not only describes a heroic saintly reader but also offers a rare glimpse into ascetic reading and teaching by women. In sum, the chapter demonstrates how Abraham of Kashkar’s reform drew upon the East Syrian scholastic movement and Egyptian monasticism to firmly establish East Syrian contemplative reading as an essential monastic practice.
“Dense with Every Kind of Fruit”
Authors: Michelson David A.
Published: October 2022

This chapter describes the final stage in the development of East Syrian contemplative reading, the dissemination of the mature tradition across the Church of the East over the seventh century. After a review of transitional authors from this period (Shubḥalmaran and Sahdona), this chapter examines the foundational role of contemplative reading in the widely read works of ʿEnanishoʿ of Adiabene and Dadishoʿ of Qatar. The earlier of these two authors, ʿEnanishoʿ, composed the Paradise, an anthology of largely Egyptian ascetic hagiography and apophthegmata that would stand for centuries as the essential text for Syriac contemplative reading. This one-volume library offered its readers a door to “Paradise” through contemplation. The popularity of the Paradise is confirmed by its reception. Dadishoʿ of Qatar wrote commentaries to teach ascetic reading, including one on ʿEnanishoʿ’s Paradise. He taught that monks should read in the manner of the desert solitaries of Egypt. Their reading led them to depart “spiritually” from their cells to commune momentarily with God in Paradise. Dadishoʿ’s advice reveals the strength of East Syrian ascetic reading in his day. He railed against forms of reading which might divert the monk from spiritual ascent, rejecting excessive hymnody and even Antiochene exegesis. While some scholars have mistaken Dadishoʿ as advocating allegorical exegesis, this chapter reveals that he was championing contemplative reading. Indeed, in his polemics, it is Dadishoʿ who first gives a specific name to this tradition, referring to ascetic reading as “the solitary fathers’ commentary”.
Colliding Worlds
Authors: Marchi Simone
Published: October 2022

Colliding Worlds covers the formation of the Solar System. Despite the recorded destructive power, cosmic collisions played a vital role in creation. Massive violent collisions 4.6 billion years ago gouged out vast craters from newborn planets that created planets or moons. Collisions also sparked an understanding of the significance of Earth’s geological history, life, and the formation of sibling terrestrial planets and exoplanets. The earlier days of the planets are being visualised through the help of the information gathered by Apollo astronauts, spacecraft, and Mars rovers. Moreover, clues on the birth of the Solar System are primarily found by examining Earth’s oldest rocks and meteorites.
Wandering Among The Planets
Authors: Marchi Simone
Published: October 2022

This chapter discusses the formation and evolution of the Solar System. Meteorites are suspected to provide possible answers to the earliest evolution of the Solar System. However, meteorites have similar issues as lunar rocks as there is no actual definition of the geographical context of their respective terrains. Then, geochemists found that the chemical makeup of minerals could identify parent asteroids. In 2007, NASA’s Dawn mission took off and reached Vesta to perform the critical move of orbit insertion. The mission found the unique connection between Vesta and the howardite-eucrite-diogenite (HEDs) meteorites as it establishes the time amidst the infancy of the Solar System and the impact history of Vesta.
Earth’s Wild Years
Authors: Marchi Simone
Published: October 2022

This chapter explores the history of the Earth. It expounds on the layers of the Earth such as the crust, tectonic plates, and mantle. Scientists believe that the Earth’s core reached its current mass following the collision that formed the Moon as iron-loving elements were added to the Earth’s mantle and crust after the iron core formation. The energy of a collision can trigger the transport of precious elements in the crust and their accumulation in ore deposits. The massive early collisions are suspected to cause widespread disruption and resulted in the birth of life on Earth. Then, later collisions have unfurled new evolutionary pathways on Earth.
English Begins at Jamestown
Authors: Machan Tim William
Published: October 2022

The history of English is not a ready-made thing—it takes shape only through the critical selection of language forms, usages, and pragmatics and through the deployment of these in narratives. English Begins at Jamestown is the first book to critique the historiography that makes this selection and deployment possible. It seeks to isolate competing narrative principles and to understand how they are constructed, what kinds of facts and analyses their constructions allow or prevent, and what can be known outside of them. The book’s focus is thus the general principles that enable the imagining and writing of a history of English, from its Indo-European origins to its present-day status as a global language whose largest group of speakers have learned it as a second language. To this end, the historically and critically wide-ranging argument draws on original research, and uniquely applies narrative as well as linguistic theories to a wide range of interconnecting historiographic paradigms: social purpose, aesthetics, periodization, and grammatical structure. Extending an emphasis on alternative narrative options and their consequences, the conclusion examines yet one more (largely untested) organizational principle, and this is by means of speakers, who have significantly redefined the grammar and pragmatics of English since the colonial period, symbolically begun with the Jamestown settlement. English Begins at Jamestown shows that there are better, worse, and wrong ways to relate the language’s history, even if there cannot be one necessarily right way.
Writing the history of English
Authors: Machan Tim William
Published: October 2022

English Begins at Jamestown lays open and examines the kinds of practical and theoretical issues that enable something designated as “the history of English.” Framing its discussion against the unique status of global English today and within the theories of narratology and emergent linguistics, the book asks: what qualify as data, what theoretical or historiographic suppositions are necessary to do something with these data, what can be done with them, how do historiographic objectives affect a language narrative, and how can any language history be falsifiable? Its broadest practical question is: “How can a history of English be written?” Its broadest theoretical questions are; “How can a history of English be justified?” and “What is at stake in it?”
A grammar of change
Authors: Machan Tim William
Published: October 2022

This chapter evaluates several general concepts that enable structural historiography. The questions it asks include: what qualify as grammatical data, what theoretical or historiographic suppositions are necessary to do something with these data, what kinds of data do these suppositions exclude, and how do historiographic objectives affect a structural language narrative? Its overarching interest is in how a structural narrative predetermines the history of English, and in how this narrative intersects the other narratives the book considers. Perhaps the most entrenched and reproduced historiographic paradigms, structuralist accounts give the appearance of also being the most factual and data-driven. To do so, the chapter suggests, they require some of the most-encompassing, tacit suppositions.
Epilogue
Authors: Mantzari Despoina
Published: October 2022

This concluding chapter is divided into two parts. The first part elaborates on the main findings and contribution of the study. The second part outlines the future role of economic evidence in the regulatory enterprise, considering the monumental societal and technological changes currently underway. The chapter identifies two main challenges: first, the relatively recent advent of behavioural economics in utility regulation and the challenges it raises for the error-correction function of judicial review; and second, the rise of informational capitalism and the new sources of wisdom (eg complexity economics) it introduces in economic regulation of utilities and digital platforms. The chapter concludes with an assessment of the current state of play of institutional arrangements and considers proposals for reform.
Spiritual Direction as a Medical Art in Early Christian Monasticism
Authors: Zecher Jonathan L.
Published: October 2022

This book asks how early Christian monastic writers conceived of, represented, and experienced spiritual direction, and its central argument is that they did so medically. Late antique monastic formation took place through asymmetrical relationships of governance and submission worked out in confession, discipline, and advice. This study situates those practices against the cultural and intellectual world of the late antique Mediterranean. In conversation with a biopsychosocial model of health and Urie Bronfenbrenner’s “bioecological” model of development, the first chapter explores the logic of Galenic medicine (2nd c.): the goal of good health, a widely ranging theory of human nature, diagnostic strategies, and therapeutic techniques. The next four chapters show how this logic operates in Evagrius Ponticus’ (4th c.) interpretation of dream imagery and demonic attack, in John Cassian’s (5th c.) analysis of wet dreams, in Cassian’s nosology of vices, and in John Climacus’ (7th c.) demonic pathologies of passions. The second half of the book engages Paul Ricoeur’s theory of metaphor to show that spiritual directors claim trust and obedience by cultivating expertise along medical lines. This begins with a study of self-representation and popular perceptions of physicians as experts over human bodies and souls, which is then applied to Basil of Caesarea’s (4th c.) advice on when and whether ascetic Christians should seek medical assistance, to Cassian’s tales of spiritual direction in Egyptian monasticism and the Apostle Paul’s therapeutic hierarchy, and to John Climacus’ multiple metaphors of spiritual direction in a monastery reconceived as clinic.
Introduction
Authors: Zecher Jonathan L.
Published: October 2022

In addition to a rationale, layout, and background, the introduction explores the semantics of practices that may be grouped under the heading of “spiritual direction.” The book will focus especially on confessional encounters as these are described in monastic literature, before they are regularized or sacramentalized. It is especially important to know the limits of a semantic study for these practices, and the reason why later chapters will focus on logics of practice and representations of expertise. The last section offers biographical and brief literary introductions to the thinkers on whom the book focuses: Galen of Pergamon, Basil of Caesarea, Evagrius Ponticus, John Cassian, and John Climacus.
Evagrius the Diagnostician, or What to Expect When You’re Dreaming
Authors: Zecher Jonathan L.
Published: October 2022

This chapter explores the role of dreams in the spiritual writings of Evagrius Ponticus (345–99) in context of the logic of Galenic medicine. While demons get the attention, Evagrius is at least as concerned with the mechanism and contents of memory. He follows Aristotle’s theory of digestion, sleep, and dreams, according to which dream images emerge from past sense perceptions. For Evagrius these are frequently concerned with interpersonal interactions, usually negative, and memories are inevitably freighted with strong emotion (or passion). While Aristotle provides Evagrius with the mechanism of dream emergence, his demonology (and angelology) demands alternative sources or instigators—the demons (or angels) touch organs or suggest ideas, which in turn rouse the soul’s memories and produce dreams. Evagrius owes much to Galenic diagnosis from dreams at this point, since passions coded in memories produce the kind of imagery seen, just as for Galen (or someone of his school) humors color dreams. This, combined with his understanding of spiritual progress through the “eight wicked thoughts” toward dispassion, allows Evagrius to construct a symptomology of monastic dream imagery and to engage spiritual directors in a race against demons to discern from dream reports and reactions the weaknesses of souls—directors to heal them, the demons to exacerbate them.
Absolute Knowledge of the Law of Contract
Authors: Campbell David
Published: October 2022

Immanent critique of the classical law of contract shows solipsistic self-interest to be a morally and doctrinally inadequate basis for exchange and contract. Absolute knowledge of the law of contract is self-consciousness of the moral relationship of mutual recognition that makes exchange and contract possible. The equation of economic action with solipsistic self-interest must be traced to an alienated understanding of such action as ‘natural’, though rational economic action is given its form by specific social relations which Smith and Marx sought to place in a history of human material progress. Marx’s firmer grasp on the social constitution of economic action allows us to restate the conditions of Pareto optimisation and freedom of contract in a way which actualises self-consciousness of the relational basis of exchange and contract.
The Maximalist Welfare State, Inchoate Communism, and Betterment
Authors: Campbell David
Published: October 2022

Marx’s insistence on the social constitution of economic action was coupled with a claim that it was only the persistence of capitalist social relations that prevented humankind from enjoying unconstrained freedom. In Marx’s concept of communism, scarcity, and so the way that humankind experiences its natural environment as refractory, no longer obtained. This completely implausible belief gave Marx’s economics, with their rejection of profit and disregard of consumer demand, their shape. In the welfarist criticism of the acquisitive society, grasp of Marx’s specific arguments has been lost, but an attitude fundamentally antagonistic towards profit and consumer demand has been retained. This has generated an ‘inchoate communism’ in which understanding of the operation of the market is subsumed by a general perception of market failure, giving rise to a welfare state of unprincipled maximalism. The welfarist attack on the doctrines of the law of contract which institutionalise rational economic action has played a crucial role. Placing the welfare state on grounds which respect the autonomy of economic actors requires the recovery of Smith’s concept of self-interested ‘betterment’ as the basis of legitimate economic action.
Two Standard Views
Authors: Naar Hichem
Published: October 2022

After providing an argument that there must be reasons for loving particular individuals, even if we might not be in a position to articulate them explicitly, the chapter introduces two standard accounts of reasons for love: the Quality Theory, of which the Attractive Quality Theory is the most natural version, and the Relationship Theory. The chapter discusses both the Attractive Quality Theory and the Relationship Theory, their motivations, and their problems. The upshot of this chapter is that a Quality Theory of a non-standard sort is the best bet for the advocate of reasons for love.
Irreplaceability and Uniqueness
Authors: Naar Hichem
Published: October 2022

After tackling the issue of why exactly attractive qualities are the wrong kind of reasons for love, this chapter considers a non-standard form of the Quality Theory, the Generic Quality Theory, shows it to be inadequate, and defends an alternative account—the Unique Quality Theory—according to which the reason to love an individual has to do with their value as the unique individual they are. The latter view is shown to be superior to all the alternative accounts, including the Generic Quality Theory. The chapter ends by tackling two objections to the view. It also considers the possibility of combining the Reasons View with an error theory of reasons for love.
Justice In-Between
Authors: Picinali Federico
Published: October 2022

Justice In-Between is a study of intermediate criminal verdicts and of their justification. It challenges the widespread dogmatism favouring the binary verdict system, that is, a verdict system such as that adopted in England and Wales, characterised by a single standard of proof and two possible verdicts, acquittal and conviction. Justice In-Between studies historical and extant examples of intermediate criminal verdicts and engages with the debates that have accompanied them, including the popular argument that intermediate criminal verdicts are incompatible with the presumption of innocence. In doing so, the book offers an original account of the meaning and of the justification of the presumption. Relying on decision theory, Justice In-Between makes a case for intermediate criminal verdicts and shows that such decision-theoretic case is viable under both consequentialist and deontological theories of punishment. Indeed, the book argues that one cannot investigate the choice of the verdict system in isolation from the question of the justification for punishing.
Introduction
Authors: Picinali Federico
Published: October 2022

This chapter introduces the concept of an ‘intermediate criminal verdict’ and the problem of the justification of such a device. It argues against the widespread dogmatism favouring the binary verdict system, that is, a verdict system such as that adopted in England and Wales, characterised by a single standard of proof and two possible verdicts, acquittal and conviction. The interest in the philosophical question of the justification of intermediate criminal verdicts is presented in the chapter as stemming from the study of historical and extant examples of such verdicts, but also from the consideration that decision-making in everyday life is often non-binary, even when, similarly to criminal adjudication, it hinges on the probability of a particular fact. Examples of such non-binary decision-making are offered and briefly discussed. The chapter clarifies the notion of a ‘verdict’ adopted in the book, and provides an overview of the following chapters.
Intermediate Verdicts are not a Fanciful Construct
Authors: Picinali Federico
Published: October 2022

This chapter shows that intermediate criminal verdicts are not a fanciful construct, produced by the mind of an armchair academic, but have been employed by many criminal jurisdictions for centuries. The chapter investigates the intermediate verdicts featuring in the ius commune criminal trial of continental Europe during the late Middle Ages and early modern period. It also covers the acquittal ‘per insufficienza di prove’, an intermediate verdict provided by the code that regulated Italian criminal procedure for most of the 20th century, and the Scottish ‘not proven’ verdict. The chapter reconstructs, and engages with, the lively academic and public debates that have concerned and accompanied these intermediate verdicts. It analyses a series of arguments in favour or against intermediate verdicts advanced in these debates, ultimately finding each of these arguments inconclusive.
A Battery of Objections
Authors: Picinali Federico
Published: October 2022

This chapter addresses a battery of objections. Some of these are objections to intermediate verdicts simpliciter. They build on, and enrich, the debates analysed in Chapter 1. Others are objections to the decision-theoretic case for intermediate criminal verdicts made in the previous chapter. The objections include: the claim that the decision-theoretic model gives a representation of criminal adjudication that is simplistic; the claim that the model cannot register important effects produced by the adoption of an intermediate verdict; the claim that the model cannot be implemented; the claim that the criminal justice system already includes devices that are equivalent to an intermediate verdict; and the claim that intermediate verdicts offer the adjudicator the opportunity to dodge their decision-making responsibilities.
The Political Economy of Investment Arbitration
Authors: Phillips Williams Zoe
Published: October 2022

This introductory chapter begins by examining the debate among scholars, activists, and governments on the investment regime’s impact on domestic policymaking. Next, it poses the book’s central question: why do host states, often after going to great lengths to attract foreign investors, pass measures which harm their interests? The chapter suggests two possible explanations for this puzzle, drawing on international relations and international political economy work on treaty compliance. It subsequently puts forth the book’s main argument, giving two opposing explanations for investor–state disputes, shifting state preferences towards foreign direct investment or the lack of state capacity to maintain an investment-friendly environment.
State Capacity and Investor–State Arbitration
Authors: Phillips Williams Zoe
Published: October 2022

This chapter examines the argument that investor–state disputes are caused by a lack of bureaucratic capacity in the host states, based on the managerial approach to treaty compliance as well as recent work on the role of bounded rationality in the development of the investment treaty regime. This approach suggests that states generally intend to uphold their treaty commitments and only violate these agreements inadvertently. Violations occur when states face difficult conditions, such as financial crises, that impede compliance or when policymakers do not have sufficient knowledge of treaty obligations. If this explanation holds, investor–state disputes will arise in the context of economic crises and periods of political instability or result from a lack of awareness of or inability to enforce treaty commitments among host state policymakers. The chapter finds limited empirical evidence that lack of capacity contributes significantly to the likelihood of an investment arbitration.
Pacific Rim Cayman v El Salvador
Authors: Phillips Williams Zoe
Published: October 2022

This chapter presents a case study of the dispute between Canadian mining company Pacific Rim Cayman and El Salvador. Despite the very different levels of development and experience with investor–state dispute settlement between Canada and El Salvador, there are striking similarities between this case and the one discussed in Chapter 6. Due to concerns regarding water use and contamination, mining became an issue in the 2009 presidential election, leading both candidates to denounce mining and the winner to uphold a de facto ban on the activity. In the wake of this decision, Pacific Rim initiated arbitration under the Central American Free Trade Agreement (CAFTA). This case study further demonstrates the role that public pressure can play in shifting state preferences towards an investment that it had earlier welcomed. It also demonstrates the way that a lack of capacity can contribute to underlying conditions which may make a dispute more likely.
Conclusion
Authors: Phillips Williams Zoe
Published: October 2022

This chapter summarizes the main arguments put forth by the book and discusses their implications for possible pathways of reform of the investment protection regime. As alluded to earlier, the type of reform proposal favoured is a function of what the problem with investor–state dispute settlement (ISDS) is thought to be. This book concludes that because it so often involves domestic political contestation, investor–state arbitration cannot be avoided by better administrative practices in host states. An investment court or updated treaties may address some problems with the regime. However, unless these reform efforts recognize that ISDS involves the interests of actors beyond the official parties to the disputes—such as communities, activists, and citizens—and gives these actors access to the dispute resolution mechanism, they will only further entrench private interests in the legal structure of economic globalization at the expense of other groups. Further backlash against the regime, then, will be inevitable.
Procedural Requirements for Administrative Limits to Property Rights in Sweden
Authors: Jonason Patricia
Published: October 2022

According to the Swedish Constitution, limitations to property rights, including expropriation, are only allowed when necessary to satisfy pressing public interests. The constitutional provisions state additionally that the owner of the property subject to expropriation or other limitations shall be guaranteed compensation. The rules governing expropriation are contained in the general expropriation legislation, ie the Expropriation Act and the related Expropriation Regulation. They are even to be found in special laws, such as the Roads Act, when it concerns specific areas. The procedural requirements contained in these acts are supplemented by the requirements laid down in the Administrative Procedure Act.
Comparative Perspectives on Expropriation and Other Takings
Authors: Martenet Vincent
Published: October 2022

In many countries, administrative limits to property rights are subject to procedural requirements which differ not only among jurisdictions but also within a given jurisdiction. England, France, Germany, and the United States share many commonalities and some distinctive features regarding these requirements. Although similarities may be noted, these four countries differ in terms of their constitutional and statutory framework and how their courts and authorities deal with administrative limits to property rights. Depending on the country, the power to expropriate land can be either centralised or decentralised. Furthermore, this power usually belongs to government and other public bodies, but may even be granted to private entities under certain specific circumstances. Some cross-cutting issues relating, for instance, to urban planning, urgent situations, the expropriation of land for the creation or expansion of private facilities, or regulatory taking highlight various commonalities and differences among England, France, Germany, and the United States. In these four countries, concrete facts and specific situations matter—or should matter—when property rights are subject to administrative limits. Even if the framework regarding expropriation and other takings is usually set by legislatures—and the importance of statutes should not be underestimated in this area; the role of governmental or administrative bodies and of reviewing courts, in case of litigation, is also of great importance. They usually enjoy some discretion in order to take into account all the relevant facts in a given situation.
The Value of Property in Central and Eastern Europe
Authors: Gerencsér Balázs Szabolcs
Published: October 2022

This paper compares the constitutional and lower level legal regulations in three Central and Eastern European countries. The right to property gained a special emphasis after the fall of the communist dictatorships in 1989. This historical context helps us to understand the contemporary constitutional and legal environment. The comparative analysis also covers the substantive and procedural issues. It examines the content of expropriation and it distinguishes it from nationalisation. As a conclusion, it summarises the common core content that is acknowledged by the three countries examined. By today these countries have developed a democratic system of expropriation where judicial control plays an important role through its powers of cassation.
What Becomes of the Right to Marry?
Authors: Brown Jenny
Published: October 2022

This chapter considers the right to marry, expressed in human rights law, alongside recent calls for the state’s relationship with marriage to be minimized through disestablishment. The chapter makes two main claims. First, if calls for disestablishment are motivated by a desire to better protect and secure the right to marry for all citizens, establishment fares equally well on that front. The marriages offered by civil society alone will not be sufficient to protect that right. Second, if there is no right to marry, this does not mean that marriage is devoid of normative value. Although justice may need to focus on the broader category of intimate, caring relationships, instead of the narrow category of marriage, securing justice for all such relationships does not preclude the establishment of marriage. The chapter argues that it is permissible to accept and retain the cultural value of marriage, in cases where justice is not violated or compromised.
Social Rights at Work
Authors: Tomalty Jesse
Published: October 2022

This chapter explores connections between social rights and labour rights within a human rights framework. Social human rights tend to be marginalized both in philosophical debates about human rights and in international human rights doctrine and practice. This chapter brings social human rights into focus and argues that they play an important though neglected role in shaping the content of labour human rights, in particular the human right to just and favourable conditions of work. The implications for the content of this right are elaborated, and the chapter concludes with some reflections on the relevance of social human rights in recent struggles for stable and predictable working hours.