bluuebunny/crossref_metadata_2025 huggingface dataset:
Must Knowers Be Agents?
Authors: Zagzebski Linda Trinkaus
Published: October 2020

This chapter explores agency as it applies to epistemic evaluation, using epistemic analogues of the well-known Frankfurt cases against the Principle of Alternate Possibilities. It argues that the satisfaction of manipulable counterfactual conditions is neither necessary nor sufficient for either moral or epistemic responsibility, nor is it necessary for knowledge. But what a person does in counterfactual circumstances is a sign of the presence of agency, and the argument here is that agency is necessary for epistemic responsibility and for knowledge. The chapter argues that agency is operative in getting epistemic credit and knowledge. The scope of agency includes those evaluative aspects of belief investigated by epistemology. In other work the author has argued that it is artificial to separate epistemology from ethics. The role of agency in beliefs as well as in acts further supports this position.
Intellectual Virtues
Authors: Zagzebski Linda Trinkaus
Published: October 2020

This chapter defends the view that intellectual virtues are deep and enduring acquired intellectual excellences, supported by the underlying idea in Exemplarist Moral Theory that excellences are admirable traits, and admirable traits are those that people admire on reflection and that have features identified in empirical studies. The intellectual virtues require both admirable intellectual motivations and reliable success in reaching the truth, and the defense of this claim is that that is what people admire on reflection. The connection of intellectual virtue with moral virtue also explains admirable states like wisdom that are recently getting attention in philosophy and psychology after a long period of neglect.
From Reliabilism to Virtue Epistemology
Authors: Zagzebski Linda Trinkaus
Published: October 2020

This chapter is Zagzebski’s first paper that discusses “the value problem,” or the problem that an account of knowledge must identify what makes knowledge better than mere true belief. One of the problems with reliabilism is that it does not explain what makes the good of knowledge greater than the good of true belief. In Virtues of the Mind she gave this objection only to process reliabilism. In this chapter she develops the objection in more detail, and argues that the problem pushes first in the direction of three offspring of process reliabilism—faculty reliabilism, proper functionalism, and agent reliabilism, and she then argues that an account of knowledge based on virtuous motives grounded in the motive for truth can solve the value problem.
The Search for the Source of Epistemic Good
Authors: Zagzebski Linda Trinkaus
Published: October 2020

To explain why knowledge is better than mere true belief is remarkably difficultI call this Zagzebski calls this “the value problem,” and most forms of reliabilism cannot handle it. This chapter argues that the value problem is more general than a problem for reliabilism, infecting a host of different theories, including some that are internalist. The chapter aims to answer two questions: (1) What makes knowing p better than merely truly believing p? and (2) What makes some instances of knowing good enough to make the investigation of knowledge worthy of so much attention? The answer involves the connection between the good of believing truths of certain kinds and a good life. The kind of value that makes knowledge a fitting object of extensive philosophical inquiry is not independent of moral value and the wider values of a good life.
Intellectual Motivation and the Good of Truth
Authors: Zagzebski Linda Trinkaus
Published: October 2020

This chapter is one of Zagzebski’s papers on the problem of what makes knowledge more valuable than mere true belief, otherwise known as the value problem. I distinguish four ways a belief can possess value by its relation to the good of truth: (i) a belief can have value because truth is its consequence; (ii) a belief can have teleological value in the Aristotelian sense if truth is a necessary component of a good natural end; (iii) a belief can be valuable in that truth is its aim; and (iv) a belief can be good in virtue of arising from a good motive—namely, valuing truth or disvaluing falsehood. She argues that the fourth way is superior to the first three in explaining what makes knowledge better than mere true belief.
Ethical and Epistemic Egoism and the Ideal of Autonomy
Authors: Zagzebski Linda Trinkaus
Published: October 2020

In this chapter, three degrees of epistemic egoism are distinguished, each of which has an ethical analogue; the chapter argues that all three are incoherent. The first is extreme epistemic egoism, the view that the fact that someone else has a belief is never a reason for one to believe it. The second is strong epistemic egoism, the position that one has no obligation to count what another person believes as relevant to her own beliefs. The third is weak epistemic egoism, the position that in the case and only in the case in which one sees that someone else’s beliefs reliably serve one’s desire for the truth, one is rationally required to take their beliefs into account in forming one’s own beliefs. Since epistemic autonomy is frequently identified with one of these forms of epistemic egoism, epistemic autonomy as commonly understood is incoherent. The chapter ends with a brief discussion of the idea of moral autonomy, suggesting that its component of epistemic autonomy in the realm of the moral is problematic.
The Inescapability of Gettier Problems
Authors: Zagzebski Linda Trinkaus
Published: October 2020

This chapter argues that any definition of knowledge as true belief + x will be subject to Gettier-style counterexamples as long as the connection between x (justification, reliability, proper function, etc.) and getting the truth is close but not inviolable. The recipe for generating a counterexample uses the idea of double luck. It starts with an instance of bad luck (A belief is false but has component x) which is canceled out by an instance of good luck (Make the belief true after all for reasons that have nothing to do with the believer). As long as the truth is never assured by the conditions which make the state justified, there will be situations in which a false belief is justified. With this common, in fact, almost universal assumption, Gettier cases will never go away.
First Person and Third Person Reasons and the Regress Problem
Authors: Zagzebski Linda Trinkaus
Published: October 2020

This chapter distinguishes two kinds of reasons for a belief. First person reasons are unique to the person who has them. They include other mental states than beliefs and they do not aggregate with theoretical reason. There are third person reasons that can be laid out on the table for all to consider. Foundationalism, coherentism, and infinitism are all views on the structure of third person (theoretical) reasons. But the chain of theoretical reasons bottoms out in a first person reason, epistemic self-trust, which is also the foundation of other first person reasons. The rationality of epistemic self-trust is a condition for the rationality of everything else.
Personal Jurisdiction and Fifth Amendment Due Process Revisited
Authors: Keitner Chimène I.
Published: October 2020

This chapter addresses the contested role of U.S. courts in adjudicating disputes with foreign elements. As a matter of domestic law, the Due Process Clauses in the U.S. Constitution constrain the scope of adjudicatory jurisdiction that legislatures can confer on State and federal courts. The Fourth Restatement restates the U.S. law of personal jurisdiction in civil proceedings as requiring that “sufficient contacts” exist between the defendant and the forum, “and that the exercise of jurisdiction be reasonable.” These criteria limit the reach of U.S. courts’ personal jurisdiction. The chapter explores these limits and Congress’s ability to extend them. It also revisits the history and jurisprudence of Fifth Amendment due process limits on personal jurisdiction, considering the Anti-Terrorism Clarification Act of 2018 (ATCA) and the Promoting Security and Justice for Victims of Terrorism Act of 2019 (PSJVTA).
International Law in U.S. Courts within the Limits of the Constitution
Authors: Harrison John C.
Published: October 2020

This chapter explains that in order to facilitate the expert, impartial, and uniform ascertainment, development, and application of customary international law in U.S. courts, the Supreme Court of the United States should return to treating customary international law as neither State nor federal, but general, law. The federal courts should ascertain the content of that body of law for themselves, treating State-court precedents on that subject with respect but not as binding on them. The lower federal courts should follow both the Supreme Court’s approach to customary international law and any principles thereof that it announces. The Court should take the same approach to private international law when a conflicts question concerns the extraterritorial application of the law of a State of the Union. Indeed, although the chapter does not propose applying this approach to all of conflict of laws, it suggests that the federal courts apply general principles of conflicts to decide when and whether the substantive law of a State of the Union applies to transactions outside the United States.
Adjudicatory Jurisdiction and Public International Law
Authors: Parrish Austen
Published: October 2020

This chapter explores how the Fourth Restatement of the Foreign Relations Law of the United States charts a new, unexpected path in the area of adjudicatory jurisdiction. The Fourth Restatement breaks with common understandings to find that personal jurisdiction is not a concern of international law. It indicates that “with the significant exception of various forms of immunity, modern customary international law generally does not impose limits on jurisdiction to adjudicate.” The Fourth Restatement’s discussion of adjudicatory jurisdiction also appears to premise its conclusion on two unorthodox approaches to international law. First, it implies that fundamental structural limits of the international legal system can disappear unless states are vigilant in protesting illegal activity of other states. However, states are not required to persistently protest illegal activity, and it is far from clear that the absence of protests can nullify long-standing principles of sovereignty. Second, the Restatement appears to assume that states have unfettered authority absent a limiting customary rule. Yet international legal practice has not traditionally addressed jurisdictional questions that way.
Evangelicals, Authenticity, and Sacrament
Authors: Porter Mark
Published: October 2020

This chapter examines evangelical worship music as an environment in which ideals of congregational singing focus particularly strongly on dimensions of affective interaction. Recent evangelical discourse has had a lot to say about ideas of authenticity and sacrament as they are present in musical worship. This chapter examines the potential for these terms to be understood as different varieties of resonant interaction as sound is either expressed outward from the worshiper into their surrounding environment or received inward as something that carries with it something from God. It highlights the limits of understanding these phenomena through a simple inward/outward dichotomy. Rather, it suggests that each relies on a range of different back-and-forth sonic and more-than-sonic interactions.
Conclusion
Authors: Porter Mark
Published: October 2020

The Conclusion draws together the insights gained through the exploration of different environments in the foregoing chapters. These insights suggest how these different situations of congregational musicking can be understood alongside one another. In concluding the book, this chapter returns explicitly to the nine questions asked in Chapter 1. Here the answers that have been given through the different explorations are considered, while reflecting on the outcomes of the volume as a whole. The Conclusion considers themes of contingency and normative experience that can be traced across the chapters of the book, and it suggests what the impact of this investigation might be going forward.
Accessible Elections
Authors: Ritter Michael , Tolbert Caroline J.
Published: October 2020

This book explores the wide variation across states in convenience voting methods—absentee/mail voting, in-person early voting, same day registration—and provides new empirical analysis of the beneficial effects of these policies, not only in increasing voter turnout overall, but for disadvantaged groups. By measuring both convenience methods and implementation of the laws, the book improves on previous research. It draws generalizable conclusions about how these laws affect voter turnout by using population data from the fifty state voter files. Using individual vote histories, the design helps avoid bias in non-random assignment of states in adopting the laws. Many scholars and public officials have dismissed state election reform laws as failing to significantly increase turnout or address inequality in who votes. Accessible Elections underscores how state governments can modernize their election procedures to increase voter turnout and influence campaign and party mobilization strategies. Mail voting and in-person early voting are particularly important in the wake of Covid-19 to avoid election day crowds and ensure successful and equitable elections in states with large populations; the results of this study can help state governments more rapidly update voting for the 2020 general election and beyond.
Measuring Accessible Elections
Authors: Ritter Michael
Published: October 2020

Chapter 2 develops the accessible elections theoretical framework used throughout the study. To evaluate the framework, the chapter discusses data to measure state voting and registration laws, election administration performance, and individual voting decisions in recent midterm and presidential elections. Special attention is paid to the Election Performance Index (EPI) to measure how well states conduct elections; previous research has not generally measured election administration to predict voter turnout. The states have different combinations of in-person early voting, no-excuse absentee/mail voting, same day registration laws, and election administration performance. The moderate correlation between the voting laws and election administration suggests that both must be taken into account to identify their independent effects on whether people vote. Research hypotheses posit that states with more convenience voting laws and higher performing election administrations will have higher voter turnout, campaign mobilization, and lower turnout inequality.
Voting Rights, Election Administration, and Turnout for Racial Minorities
Authors: Ritter Michael
Published: October 2020

Race and ethnicity group identity also shape participation in politics, with non-Hispanics whites being the most likely to vote in U.S. elections over time. Can accessible elections shrink turnout inequality between non-Hispanic whites and racial/ethnic minorities (African Americans, Hispanic Americans, and Asian Americans)? Chapter 6 empirically evaluates the impact of convenience voting laws and election administration on the change in the probably of voting in midterm and presidential elections comparing across racial subgroups. The results show that same day registration boosts turnout among non-Hispanics whites, as well as Asian Americans, Hispanics, and African Americans, in presidential and midterm elections. Early in-person voting especially advantages blacks and Hispanics in midterm elections, while absentee/mail voting is found to have similar effects for Asian Americans. Both non-Hispanic whites and racial and ethnic minorities benefit from quality state election administration.
Unpacking the Genetic Metanarrative
Authors: Lejano Raul P. , Nero Shondel J. , Chua Michael
Published: October 2020

Chapter 5 reviews the genetic metanarrative that underlies not just the narrative of climate skepticism but those found in other issue areas, as well, analogous to the work of literary theorist Vladimir Propp who sought a foundational set of universal plots behind children’s tales. The chapter presents analysis of texts from diverse issue areas (climate skepticism, immigration, the gun lobby) that reveals strong commonalities in plot and structure and allows reconstruction of an elemental or genetic metanarrative that underlies each of these issue areas to uncover foundational themes that speak to social fracturing and societal divisions. As the chapter shows, people’s beliefs about different issues translate to narratives that all have a common underlying plot and are essentially the same story told and retold in varying ways. The implication is that anti-climate science narratives are founded on elemental plots that are not even about science or climate to begin with. Instead, their roots lie deeper in the social fracturing of present-day society.
Introduction
Authors: Biess Frank
Published: October 2020

This chapter introduces the central arguments, conceptual framework, and main themes of the book. The book challenges a dominant narrative of West German linear progress. Instead, it tells the history of the Federal Republic as a history of recurring episodes of fear. Contrary to a long tradition of associating fear with authoritarian regimes, the book highlights its importance in a democratizing society. The book criticizes previous attempts at diagnosing German angst as a German collective pathology. It instead explains the origins of fear with shifting memories of a catastrophic past that postwar West Germans projected into the future. The introduction also highlights some recent findings of interdisciplinary research on emotions, which are particularly useful for writing a history of emotions. These include the emphasis on the cognitive dimension of emotions as well as the rejection of a clear dichotomy between “reason” and “emotions.” The introduction outlines the three major interpretive thrusts of the book. First, a shift from a repressive to an expressive emotional regime; second, a shift from external to internal fears; and, finally, a shift from the containment of fear “from above” to the mobilization of fear “from below.”
Postwar Angst
Authors: Biess Frank
Published: October 2020

This chapter examines German fears of retribution in the early postwar period, roughly from 1945 to 1948. It focuses on three main groups on which Germans trained this fear: Jewish Holocaust survivors, former slave laborers from Eastern Europe who had become displaced persons after 1945, and American occupation officials. By analyzing German fears of retribution, the chapter highlights massive uncertainty and fear as formative popular experiences of the early postwar period. Fear and insecurity emanated as much from Germans’ imagination of the consequences of their defeat as from the threat or reality of actual acts of retribution. By analyzing both dimensions—actual experiences of retribution as well as popular fantasies of revenge—this chapter highlights the extent to which a specific postwar fear shaped German subjectivities and anticipations of the future. Fears of retribution were based on Germans’ widespread knowledge of National Socialist crimes. Germans’ increasingly frequent self-perception as “victims” derived from their expectations that what they had done to the victims of Nazism would now be inflicted on them. Fears of retribution therefore also displaced emotions such as guilt and shame, and hence enabled postwar Germans to avoid a more comprehensive confrontation with the Nazi past.
Moral Angst
Authors: Biess Frank
Published: October 2020

This chapter analyzes a little-known episode of moral panic during the 1950s: the alleged abduction of young German men into the French Foreign Legion. Fears and fantasies of the Foreign Legion reflected a widespread sense of popular humiliation and limited sovereignty vis-à-vis the Western allies during that decade. Fears of the abduction of young Germans into the Legion reflected deep-seated concerns regarding the safety and integrity of male youth, which formed the core constituency of postwar reconstruction. The alleged “recruiter” as “folk devil” represented the absolute opposite of normative male citizenship. Cultural representations cast the recruiter as effeminate, foreign, and potentially homosexual, as well as displaying some of the stereotypical antisemitic features of the Jewish “other.” By the late 1950s, the growing recognition that young men entered the Legion out of their own volition shifted public attention from fear of recruiters to concerns about the fragility of male youth in postwar society. West German anxieties regarding the Legion began to focus on the inner resilience and resistance of young German men rather than the external threat of seduction by French-paid recruiters. This shift from externally to internally generated fears and anxieties anticipated a general shift in the history of fear and anxiety in West Germany from the late 1950s onward.
Cold War Angst
Authors: Biess Frank
Published: October 2020

This chapter analyzes Cold War fears. The emotional politics of the West German Cold War consisted of a carefully calibrated balance between mobilizing fears of Communism and containing fears of a nuclear war. The chapter demonstrates the function of anti-Communism as a primary fear object in postwar West Germany, which also displayed numerous continuities to the Nazi mobilization of fears of Bolshevism. The chapter then analyzes a failed official attempt to contain fears of a nuclear war through civil defense. It analyzes the production, distribution, and popular reception of the first West German civil defense brochure, “Everybody Has a Chance,” in December 1961. The chapter uses this case study to demonstrate the (mal)functioning of an emotional regime that sought to contain fears and emotions in general in favour of a cool, rational, and male anti-emotionality. The chapter then also provides a multifaceted explanation as to why Cold War fears of nuclear war eventually subsided by the mid 1960s. Changing domestic and international political contexts played an important role, as did a more comprehensive commemorative culture that brought into view Germans as perpetrators rather than primarily as victims.
Proliferating Angst
Authors: Biess Frank
Published: October 2020

This chapter examines proliferating fears in the wake of the student movement and during the 1970s. This period saw the establishment of an expressive emotional culture within West German culture at large. The proliferation of fears was therefore not simply a reaction to the onset of the economic crisis in 1973 but rather resulted from broader sociocultural changes. The open and public expression of emotions increasingly appeared as an indication of a healthy and authentic personality, partly as a result of the considerable expansion of psychotherapy and the emergence of a “therapeutic society.” Fear also no longer appeared as a predominantly negative emotion but rather as a reflection of a “new subjectivity.” The new expressive emotional culture was practiced and enacted especially within a left-alternative milieu. But it eventually shaped mainstream society as well. The chapter also analyzes the emotionalization of public life with respect to the public reaction to the TV series Holocaust in 1979. This allowed large segments of German society for the first time to express publicly their empathy with the victims of Nazism. Finally, the chapter focuses on the escalation of political fears in response to the left-wing terrorism of the Red Army Faction. The dialectics of political fears reached its apex in the late 1970s.
Apocalyptic Angst
Authors: Biess Frank
Published: October 2020

This chapter analyzes the culmination of the history of fear in postwar West Germany during the 1980s. A culture of emotional expressiveness now merged with two new external threats: environmental disaster and a nuclear war. Apocalyptic fears served as the emotional driving forces of two new social movements: the environmental and the peace movements. The environmental movement did not emerge only as a result of new environmental threats but also derived from a changed emotional culture that increased individuals’ susceptibility to environmental threats. The chapter analyzes the emerging perception of a global ecological crisis, the anti-nuclear movement, and the debate over the dying forest in the 1980s. It then explains the emergence of the largest protest movement in the history of West Germany—the peace movement of the 1980s—as a result of a new culture of emotional expressiveness. Peace activists enacted this new emotional culture by publicly displaying and performing fear. The emergence of a popular Holocaust memory also enabled apocalyptic fears of, as it was called, a “nuclear Holocaust.”
German Angst
Authors: Biess Frank
Published: October 2020

This chapter analyzes contemporary fears in the post-unification Berlin Republic since 1990. It first historicizes the slogan of a “German angst” that is often used to diagnose a German collective pathology. Instead, the chapter argues that the concept emerged in the 1980s and 1990s as part of a conservative critique of the West German environmental and peace movements. The chapter then analyzes the emergence of deterritorialized fears that were no longer primarily bound to a national context. These deterritorialized fears manifested themselves above all in the discussion of unified Germany’s place in the world, especially with respect to the question of German participation in military interventions. Similar fears emerged with respect to the increasing presence of the world in Germany—that is, with respect to immigrants and refugees. The chapter then seeks to locate the current mobilization of such fears by right-wing populist parties in the longer history of fear in postwar Germany. Right-wing populism is part of, and draws on, an expressive emotional culture, but it turns these fears against an ethnic or religious “other,” and at times also against the democratic state itself. The chapter concludes with a reflection on what a democratic politics of emotion might look like.
Time, diversification, and dispersal on the Australian continent
Authors: Evans Nicholas
Published: October 2020

Sahul, the ancient continent uniting Australia and New Guinea, is the only inhabited continent uniquely occupied by small-scale societies until colonial contact. And Australia (only separated from New Guinea for 10,000 years) is the only continent exclusively occupied by hunter-gatherers. This makes Sahul, and Australia, crucial for understanding how language has evolved through our deep human past. This chapter addresses three enigmas: first the discrepancy in deep linguistic diversity and typological disparity between the Australian and New Guinea hemi-continents (1 maximal clade in Australia, over 50 in New Guinea), second the apparent relatedness of all Australian indigenous languages despite continuous human occupation for 60,000 years with no external intrusions, and third the recent spread of the Pama-Nyungan branch of the Australian family over seven-eighths of the continent, most likely in the mid-Holocene?
Language diversity, geomorphological change, and population movements in the Sepik-Ramu basin of Papua New Guinea
Authors: Foley William A.
Published: October 2020

New Guinea is a crucial region for the study of prehistory as a key witness for a precontact situation before colonial disruption and/or state formation. The New Guinea region is the most linguistically diverse on earth, but even within it, the Sepik-Ramu basin region takes diversity to an extreme without parallel. This chapter investigates the likely causes of its stupendous linguistic diversity. It looks at geomorphological changes in the region in the last 8,000 years due to rising sea levels and inundation of the low lying land and the gradual filling in of this again by sediment, with a consequent remigration of new peoples into reclaimed land. Further, indigenous beliefs with regard to language and a wide range of language codes to select from, even in a single village, have led to widespread mixing and shifting of languages, as economic advantages and political alignments altered.
The dynamics of human expansion and cultural diversification in Southeast Asia and Oceania during the Neolithic
Authors: Galipaud Jean-Christophe
Published: October 2020

Human origins in mainland Southeast Asia result from successive waves of migration from the north and west. The first crossing of large water gaps is attested by at least 40,000 BP with the successful colonization of Sahul. The rapid spread of innovative farming economies and their associated cultures develop from 10,000 BP in China and along the main Asian watercourses. Well-established farming cultures interact with coastal fishing communities by 6,000 BP leading to the development of extensive maritime networks. By 3,000 BP most Melanesian and Western Polynesian islands are settled by Lapita potters. The implicit link between the Lapita diaspora and the introduction of Austronesian languages into previously uninhabited islands has resulted in the Lapita period being often perceived as a genuine local expression of the early Austronesian diaspora. The picture that emerges today is a complex one which calls for a reassessment of the generally used ‘Out of Taiwan’ linguistic and archeological model.
The role of contact and language shift in the spread of Austronesian languages across Island Southeast Asia
Authors: Donohue Mark , Denham Tim
Published: October 2020

The spread of modern humans into and across Island Southeast Asia and the Pacific represents the earliest confirmed dispersal of humans across a marine environment, and involved numerous associated technologies that indicate sophisticated societies on the move. The later spread of ‘Austronesian’ over the region shows language replacement on a scale that is reminiscent of the period of state-sponsored European colonization, and yet the Austronesian languages present a typological profile that is more diverse than any other large language family. These facts require investigation. This chapter examines the separate, but intertwined, histories of the region. It shows that the dispersal of Austronesian languages, originating in Taiwan, should not be portrayed as a technological and demographic steamroller. This involves discussion of the nature of pre-Austronesian society and language in the south-west Pacific, and the degree to which it has and has not changed following ‘Austronesianization’.
Patterns of dispersal and diversification in Africa
Authors: Dimmendaal Gerrit J. , Crevels Mily , Muysken Pieter
Published: October 2020

This chapter presents some background considerations relevant to the patterns of language dispersal and diversification in Africa. First an overview of languages and language families is given. There are three larger families (Nilo-Saharan, Niger-Congo, and Afro-Asiatic) next to around nine smaller families and at least fifteen linguistic isolates. Then the main distinctive typological features of African languages are presented and some of the areal patterns are discussed. The following section presents the history of research on the major families of the continent. An important recent finding is that the Khoisan languages do not constitute a single family, but rather that three independent families (North, Central, and South Khoisan) are involved as well as two isolates, Hadza and Sandawe. The early history of the continent is briefly analysed, stressing the importance of genetic, archeological, and anthropological insights. The chapter concludes with a brief summary of the chapters in the book regarding the region.
Language isolates and the spread of pastoralism in East Africa
Authors: Mous Maarten
Published: October 2020

For a long time the dominant view on Africa’s linguistic diversity was one of four major language families and few or no language isolates (Greenberg 1966). Currently a number of the higher level language family relationships are doubted and some languages are considered isolates. This chapter argues to distinguish between isolates, languages that are unclassified because of lack of data and those because of lack of surviving language structures and lexicon. Surrogate languages such as argots and secret languages may harbor lexicon of languages and families that have disappeared. The early spread of cattle and pastoralism in East Africa has created specific power relations with hunter-gatherer groups that has led to recurrent language shift. This is an important factor in the reduction of linguistic diversity in East Africa. Linking current language groups with archeological culture is risky in the current state of linguistic reconstruction. More detailed human DNA including old DNA research can clarify the picture, although there too the link with linguistic groups is challenging.
Patterns of dispersal and diversification in South America
Authors: Muysken Pieter , Crevels Mily
Published: October 2020

This chapter presents some of the main issues relating to language diversification in South America. How to explain the large number of genealogical units (107–118) in the continent, in view of its relatively recent human settlement, probably around 15,000 years ago? First the chapter presents the major language families such as Arawakan and Tupian. Then the chapter describes the major typological patterns characterizing the continent and their geographical distribution in terms of linguistic areas and the putative Andean-Amazonian divide, which is questioned here. A number of potential explanations for the diversity are presented: few large empires, geographical barriers, late development of food crops, possible effects of European invasion, ethos of ethnic boundary maintenance, and low population densities until recently. There is no conclusive evidence yet for any single explanation. The chapter concludes with a brief summary of the chapters in the book regarding South America.
Cultural phylogenetics in lowland South America
Authors: Walker Robert S.
Published: October 2020

Comparative phylogenetic analyses based on linguistic data are useful for reconstructing the cultural evolution of recent expansions of humans around the world. It is an exciting time for phylogenetic comparative studies in lowland South America given the emergence of more comprehensive ethnolinguistic datasets. Phylogenetic methods can now be applied to more lowland language families to facilitate the study of pre-historical population expansions and cultural variation. This chapter investigates phylogenetic relationships among the six major lowland South American language families using structural linguistic data. Two cultural traits that are likely to have deep evolutionary histories that extend back to last common ancestors of several large language families include uxorilocal postmarital residence (women continue to live near natal families after marriage) and partible paternity beliefs (conception belief that multiple men can be co-genitors of one child). The Carib-Pano-Tupi-Jê clade is mostly uxorilocal with partible paternity beliefs in thirty-eight of forty-three societies.
Competition Law and Antitrust: A Global Introduction and Guide
Authors: Gerber David J.
Published: October 2020

Competition law shapes the conduct of business firms by deterring conduct that can harm both private interests—businesses and their employees, owners, and customers—and public interests such as the efficiency of markets, economic development, economic growth, and perhaps even social and political and economic stability. Despite its often immense importance, competition law is often poorly understood, and there are major differences among competition law regimes. This Guide makes competition law understandable and accessible to people everywhere. It provides a new set of tools that help the reader to make sense of competition law in any country and to recognize differences among them. It presents an integrated picture of competition law that is both domestic and global, and it uses this view to cut through the vast amount of data about competition laws and shape it to maximize access and understanding. It asks a central question: What factors influence decisions? Decisions in any competition law regime are often influenced by factors outside the host country, so the Guide shows how competition laws influence each other. It pays particular attention to the most influential competition law regimes—US and EU—and notes patterns of competition law in East Asia, Latin America, and developing countries.
What is It? Competition Law’s Veiled Identity
Authors: Gerber David J.
Published: October 2020

Both domestic factors and transnational influences shape competition laws, so there are many versions of competition law. In part for this reason, competition law is also often misunderstood. Some see it as a technical domain concerned only with economic efficiency. For others it is a tool for supporting fairness and openness in an economy. There are also those who view it as a legal mechanism to be used more broadly for social, political, and privacy goals. These variations and misunderstandings are barriers to understanding and communication. This chapter notes the veils that obscure competition law and distort perceptions of it. It then penetrates these veils by identifying the basic problems that all competition laws address, providing a definition of competition law that can apply to all competition laws, and outlining variations on the main theme. This provides a base that can provide insights into competition law and facilitate communication about it, especially across borders.
Institutions and Methods: Implementing Competition Law Goals
Authors: Gerber David J.
Published: October 2020

Institutions, procedures, and methods shape the paths from goals to decisions. This chapter examines that path. The following questions are central: Who makes the decisions? What are their incentives and influences? Which methods do they use for which purposes? The focus is on decisions both formal and informal and on the influences that shape them. The chapter examines the institutions of competition law—legislatures, competition authorities, and courts, identifying the structures and incentives of each as well as the roles played by size, structure, and capacities. Methods are the tools the institutions use in reaching decisions—or at least justifying them. The chapter reviews the use of economic and judicial methods in competition law and the ways in which economic methods interact with conventional legal and judicial methods to shape decisions.
Us Antitrust Law: Central, but Unique
Authors: Gerber David J.
Published: October 2020

US antitrust law has long influenced all who deal with competition law—sometimes as a model, sometimes as a source of experience and insights, and sometimes as a surrogate for an “international standard.” It also has great practical importance in international business. This chapter provides information and insights necessary for understanding its roles and engaging with its rules and procedures. The chapter explains its institutional structures, basic principles of substantive law, and the central role of economic analysis in deciding cases. In particular, it throws light on the unique way in which judicial decisions (case law) guide decisions in all institutions and on the central significance of the categories of “rule of reason” and “per se treatment.” It also provides insights into the dynamics of the regime—the factors that drive antitrust decisions. It also sketches the ways in which it exercises influence on other competition law regimes.
Challenges and Changes
Authors: Gerber David J.
Published: October 2020

The chapter focuses on two profound and lasting changes in competition. One is the deepening and widening of globalization, which alters the dimensions of markets; the other is the digital economy, which creates new forms of competition. Together, they challenge both domestic regimes and the global system. The chapter describes how these two changes combine to challenge competition authorities, courts, and legal professionals. It notes how individual regimes are responding to these changes and identifies key factors that shape their responses. It then shows how these challenges are altering many aspects of the relationships among competition law regimes—that is, the global competition law system.
Corporate Environmental Accountability in International Law
Authors: Morgera Elisa
Published: October 2020

This book explores the evolving role of international law in directing and controlling the conduct of business enterprises, in particular multinational corporations, with respect to the protection of the environment, the sustainable use of natural resources, and the respect of inter-related human rights. It assesses the progress and continuing limitations in the identification of international standards of corporate environmental accountability and responsibility, and their implementation by international organizations. This assessment indicates the extent to which the international community has conceptually and operationally clarified its expectations about acceptable corporate conduct. This second edition relates the intensified convergence of international standard-setting efforts on corporate environmental accountability, with parallel international developments on business and human rights and on the inter-relationship between human rights and the environment. It also explores the more recent emergence of substantive international standards of corporate environmental responsibility, which have arisen from a growing number of sectoral guidelines. In addition, this edition points to remaining divergences in the content of international standards of corporate environmental accountability and responsibility, which reflect differing views between States of their international obligations to ensure the protection of the environment and the respect of human rights.
Introduction
Authors: Morgera Elisa
Published: October 2020

This chapter explains the need for an international approach to address the question of acceptable corporate environmental conduct both on the basis of egregious cases of environmental damage and day-to-day negative impacts of corporations that appear to defy States’ regulations and controls. It also points to the desirability of private companies’ proactive contribution to the attainment of internationally agreed goals. The chapter provides a historical and conceptual introduction to evolving approaches in addressing corporate environmental conduct in the framework of public international law, with a view to introducing two key concepts—corporate responsibility and corporate accountability. The chapter explains how these two concepts have emerged, and how they have reached different stages of development and acceptance in international environmental law. The chapter further relates these concepts to business responsibility to respect human rights under the UN Framework on Business and Human Rights.
The Shortcomings of Traditional Legal Solutions
Authors: Morgera Elisa
Published: October 2020

This chapter discusses the ineffectiveness of national-level control over multinational enterprises—the legal control over a subsidiary of a multinational company by the host State, and the legal control over a multinational parent company by the home State. In addition, the chapter discusses the significant limitations to ensuring the environmentally sound conduct of business under international law. To that end, it focuses on State responsibility, civil and criminal liability in international environmental law, and international criminal law. The chapter then contrasts multinationals’ significant degree of protection under international investment law, to the protection afforded by international human rights law to victims of substandard conduct by private companies, including from an environmental perspective.
International Oversight
Authors: Morgera Elisa
Published: October 2020

This chapter assesses the evolving mandate and practices of the international initiatives on corporate environmental accountability and responsibility, with a view to drawing comparative observations about the functions they perform. The chapter will first place international oversight approaches in the context of the academic debate on compliance. It will focus on analysing the practice of the most well-developed initiatives (the OECD implementation procedure and the IFC Ombudsman) and then contrast them with more incipient initiatives, such as the country visits by UN Special Rapporteurs and the integrity measures under the UN Global Compact. The aim of the analysis is to understand the contribution of these processes not only to the implementation of international standards in a particular context, but also to further international standard-setting.
Compressed Development
Authors: Whittaker D. Hugh , Sturgeon Timothy , Okita Toshie , Zhu Tianbiao
Published: October 2020

This book highlights the importance of time and timing in economic and social development. ‘Compressed development’ consists of two key features and their interaction: the tendency for development processes to unfold more rapidly (compression) and the institution-shaping influences of major periods of change and growth, especially when countries become integrated into the global economy (era). Using an interdisciplinary conceptual framework of state–market and organization–technology co-evolution, the authors contrast the experiences of ‘early’ and ‘late’ developers such as the United Kingdom and Japan, with countries–most notably China–which have become more deeply integrated with the global economy since the 1990s. Compressed developers experience ‘thin industrialization’, layered types of employment, and ‘double burdens’ or challenges in social development. National development strategies must accommodate global value chains and powerful international actors on the one hand, and decentralization on the other. To cope, and thrive, states must remain developmental, whilst being increasingly engaged and adaptive in multiple levels of governance. Compressed Development explores the historical and contemporary features of economic and social development at the intersection of development studies and studies of globalization. By bringing a new perspective on the ‘middle-income trap’, as well as the emerging digital economy, and the state–market and geopolitical tensions that are currently upending conventional wisdoms, the book offers timely insights that will be useful, not only for students of development, but for policymakers, business, and labour organization seeking to navigate the rushing currents of contemporary capitalism.
Compressed Development
Authors: Whittaker D. Hugh , Sturgeon Timothy J. , Okita Toshie , Zhu Tianbiao
Published: October 2020

The introduction presents the two key features of compressed development, ‘compression’ and ‘eras’ consisting of geopolitical, institutional, and technological dimensions, as an argument for why time and timing matter for economic and social development. Recent ‘successful’ developers grow more quickly than those of the past, but face new challenges as a result. In fact all contemporary developers experience some forms of compression. Additionally, the path of development has changed since the 1980s in ways that have implications for the rebalancing of North-South economic activity, the co-dependence of states and markets, and the interplay between new technology and organization of production. The introduction situates these arguments in prior literature on economic development, and it defines key concepts and outlines the book’s chapters.