bluuebunny/crossref_metadata_2025 huggingface dataset:
Democratic Rights
Authors: Dawood Yasmin
Published: November 2017

This chapter examines the scope and protection of democratic rights in Canada. After outlining the source of democratic rights, it focuses on the right to vote by considering judicial decisions on such issues as voter qualifications, residency rules, and the entitlement to vote. It then shows how the Supreme Court has interpreted the right to vote as consisting of a bundle of democratic rights. By using the bundle of rights, the Supreme Court has been able to regulate a wide array of democratic institutions and processes. The chapter proceeds to examine the Court’s intervention in the electoral process by discussing its cases on electoral redistricting, political parties, campaign finance, and the dissemination of electoral information. The chapter concludes with an analysis of current and future challenges facing democratic rights and their protection by the courts.
Freedom of Religion
Authors: Berger Benjamin L.
Published: November 2017

This chapter examines freedom of religion in the Canadian Constitution. After locating the modern protection of freedom of religion within Canadian constitutional history, the chapter explores the Supreme Court of Canada’s interpretation of that right, drawing particular attention to how constitutional law defines and understands religion itself. The chapter then turns to three themes that have emerged as central in the freedom of religion jurisprudence, but that also reflect broader issues within Canadian constitutionalism: the instability of the public/private divide as a means of analysing constitutional problems, the tension between individual rights and regard for collective and community interests, and the paradoxes involved in the aspiration for state neutrality. Ultimately, the chapter argues that freedom of religion offers a unique avenue into understanding the deeper themes, tensions, ideologies, and politics at work in the Canadian state, as well as the history and logic of its constitutional order.
Section 7: The Right to Life, Liberty, and Security of the Person
Authors: Young Margot
Published: November 2017

Section 7 jurisprudence shows strong application of the rights to life, liberty, and security of the person to a range of state action and actors. However, courts have significantly limited the progressive potential of these rights through two doctrinal concerns: the negative/positive rights distinction and causation issues. The result is a bounded jurisprudence reflecting both the strengths and weakness of liberal legalism. In particular, claims targeting the twenty-first century crises of Canadian society—social and economic inequality, as well as environmental degradation—while meaningfully apiece with the values of life, liberty, and security of the person, are unlikely to succeed under section 7 without critical and pointed judicial movement beyond liberalism’s divide between public and private action.
The Living Tree
Authors: Waluchow W. J.
Published: November 2017

This chapter addresses two common beliefs: (1) that the Canadian Constitution is a living tree, subject to evolution in light of changing circumstances and developing moral and political beliefs; and (2) that the view expressed in (1) stands in sharp contrast with American-style originalism, a family of theories according to which, absent formal amendment, the meaning of a constitution is the meaning it had at the time of its adoption. This chapter elaborates on (1) and challenges (2), highlighting both (3) the extent to which Canadian courts view their evolving constitution as nevertheless rooted in original understandings, intentions and purposes; and (4) the fact that many contemporary originalists embrace a moderate version of their theory that allows for a healthy degree of evolution via the process contemporary originalists call constitutional construction.
The Role of Theory in Canadian Constitutional Law
Authors: Endicott Timothy , Oliver Peter
Published: November 2017

Canadian constitutional law has been shaped by tacit assumptions about the philosophical foundations of the Constitution, and also by the articulate theorizing of judges, legal scholars, and legal practitioners. We discuss the assumptions behind the country’s choice in 1867 of a distinct form of federalism, a parliamentary form of government very different from American republicanism, and a role for judges (particularly in adjudicating the federal division of powers, and in their innovative reference jurisdiction) that judges had never had in the United Kingdom Constitution. The principles of parliamentary government and of federalism, while giving the Constitution a remarkably robust framework, developed in a changing context with the end of Imperial governance. We discuss those developments, and ways in which the judges’ role as theorists of the Constitution—enhanced by the Constitution Act, 1982—has burgeoned in that changing context, through their approach to the principles of the Constitution.
Constitutional Principles in theSecession Reference
Authors: Leclair Jean
Published: November 2017

In Reference Re Secession of Quebec, 1998, the Supreme Court of Canada concluded that the unwritten constitutional principles of federalism and democracy dictated that the clear repudiation of the existing constitutional order and the clear expression of the desire to pursue secession by the population of a province gave rise to a reciprocal obligation on all parties to the federation to negotiate constitutional changes to respond to that desire. To understand this astonishing decision, the author first examines how, over time, in Canada and Quebec, issues of identity(ies), constitutional law, and democracy came to be formulated in absolutist terms, making political compromises next to impossible. Only then does he analyse the Supreme Court’s decision and attempts to explain why the latter chose to decide as it did.
International Organizations and International Law
Authors: Peters Anne
Published: November 2017

This chapter provides an overview of the state of the art of legal thought about the international organizations (IOs) as legal entities in a legal environment. IOs are legal communities in a threefold sense: they are created by law, they use law as a means of governance, and they should be governed by the rule of law. Accordingly, international law constitutes, enables, and constrains IOs. The chapter shows that legal scholarship until the 1990s was primarily concerned with the constituting and enabling function of the law (thus securing the effectiveness of IOs), while the more recent legal concern is the constraining function of the law (thus improving the accountability of IOs). In the procedural law of organizations, a tryptichon of accountability procedures has been built: transparency, participation, and access to information.
International Organizations, 1865–1945
Authors: Herren Madeleine
Published: November 2017

This chapter traces the development of international organizations (IOs) from 1865–1945. It begins with the take-off period of the 1860s, when IOs began to shape access to the world market and the formation of transnational movements. It then elaborates on the ideological framework IOs were based on. Developed in the nineteenth century, the contemporary concept of internationalism served as an umbrella term that enumerated and linked different transnational movements. Within this ideological context, IOs became part of an increasingly connected world that gained visibility in international conferences, world's fairs and the activities of an international civil society. After World War I, the function and importance of IOs changed dramatically. The remainder of the chapter discusses the League of Nations as the first supranational body and forerunner of today's United Nations (UN); the influence of war and political crises on IOs; and the historicity of IOs and the conditions that influenced the creation of today's United Nations system.
Formal Intergovernmental Organizations
Authors: Klabbers Jan
Published: November 2017

International law provides little support for a hard and fast distinction between formal and informal international organizations (IOs). To the extent that the terms are useful, it is to signify a relative value: some organizations exhibit a higher degree of institutionalization than others or, differently put, the mixture of formal and informal elements in any organizational design may locate the organization on different points on a continuum between formal and informal. This chapter explores to what extent the formal-informal distinction affects foundational decisions: the decision to set up an organization, to grant or withhold international legal personality, and to endow it with specific powers. It suggests that the distinction between formal and informal meets with little resonance in the law of IOs or, more accurately, that while founding actors can opt for higher or lower degrees of formalization or institutionalization, their intentions have little direct bearing on the legal nature of the organization per se.
Peace Operations
Authors: Howard Lise Morjé , Dayal Anjali
Published: November 2017

This chapter discusses the origins of peace operations; their evolution alongside the growing international conflict management structures of the United Nations (UN) and other international organizations; and their core functions, composition, and efficacy. Although peace operations have roots in earlier forms of military intervention, their emergence as a dominant tool for conflict management is a distinct innovation of the same internationalist project that forged the UN. Their evolution lays bare the fundamental tensions between state interests and the liberal internationalist project of a ‘world organization for the enforcement of peace’, and their execution has defined the way wars are fought today. The chapter focuses on UN peace operations throughout because they are the modal type of mission in the world. It also discusses the use of force within peace operations, an issue of growing importance that highlights fundamental tensions in the authorization and execution of internationally-led efforts to maintain global peace and security.
Counterterrorism and Transnational Crime
Authors: Cockayne James
Published: November 2017

Economic globalization has facilitated transnational criminal and terrorist activity since the mid-nineteenth century, thus incentivizing closer international law enforcement cooperation. This chapter explores the history of that cooperation, the contours of which are shaped by the interaction of the institutions of sovereignty and the reality of power in the international system. It argues that international law enforcement cooperation to counter terrorism and transnational crime takes two independent, but interacting, forms: firstly, the use of existing international institutions to define behaviour as criminally deviant and to repress it, even against the will of some states; and, secondly, the formation of transgovernmental policing networks, and, more recently, collaborative multisectoral governance arrangements — both notionally apolitical, but inherently reflective of a shared understanding of criminally deviant behaviour. The interplay of these two approaches follows the contours defined by juridical sovereignty and power in the international system.
Criminal Justice
Authors: Scheffer David J.
Published: November 2017

This chapter considers the historical developments leading to the establishment of international criminal tribunals and why there exist unique provisions and capabilities, as well as some similar approaches to justice, among them. It highlights the key role of the United Nations (UN) in forging the new era of international criminal justice. The chapter is organized as follows. Part I examines the role of international organizations, particularly the UN, in the creation of the international and hybrid criminal tribunals since 1993 and each tribunal's legal character under international law. Part II compares and contrasts the structural composition of the tribunals, which is a critical base of knowledge about their history, how they function, and the law they enforce.
Refugees and Internally Displaced Persons
Authors: Loescher Gil
Published: November 2017

This chapter examines the roles, functions, achievements, and failures of the principal international organization — the Office of the United Nations High Commissioner for Refugees (UNHCR) — to protect refugees and internally displaced persons (IDPs), and to find solutions to their plight. It begins by outlining some of the similarities and differences between refugees and IDPs. It then discusses the complex history, development, and limitations of the legal, normative, and institutional regimes for both refugees and IDPs. Finally the chapter outlines some of the current challenges and emerging issues for responding to both kinds of forced displacement before assessing the overall successes and failures of the international regime for forced displacement.
Environment
Authors: Wirth David A.
Published: November 2017

This chapter surveys settings under the auspices of international organizations (IOs) and institutions, and highlights a number of underappreciated structural attributes of international environmental governance. It shows that many IOs whose functional orientation is not primarily environmental, such as the Organization for Economic Cooperation and Development (OECD) and the World Trade Organization (WTO), are very active on the environmental front. Only one international institution — the United Nations Environment Program, which is not even formally an international organization — is charged with environment as its primary mission. The treatment of environment is highly compartmentalized and fragmented, distributed among multiple multilateral institutions and international agreements. An identifiable model of an organic treaty establishing a comprehensive, self-contained regime has also emerged in recent years. The environmental-treaty-as-governance-structure is an alternative to, although in some ways the functional equivalent of, a formal international organization as an international institutional vehicle for addressing environmental issues.
Religion
Authors: Årsheim Helge
Published: November 2017

This chapter focuses on the increasing importance of religion to international organizations (IOs) over the course of the last decade. The first part gives an overview of how and why religion(s) and IOs relate and interact. It discusses the definitional ambiguity of what constitutes ‘religious’ IOs and examines some proposals to clarify the issue, before mapping some important and influential religious IOs. The second part of the chapter presents the interrelationship of secular IOs with religion, emphasizing the influential role the handling of religion at the different levels of the United Nations (UN) plays in international approaches to religion in general. It then presents some other important secular IOs and their interaction with religion, before providing a brief summary of the argument and a conclusion.
Communications and the Internet
Authors: Mueller Milton
Published: November 2017

This chapter examines the transformative effect of the Internet and the rise of computer technology on international organization of communications. It begins by describing the liberalization of telecommunication services, which provides the essential point of departure for understanding the contemporary situation. It then identifies key international organizations involved in Internet governance. This survey of organizations is heavily biased towards entities that are involved in Internet operations and governance. The next section puts this collection of organizations into motion by describing their power struggles over the control of the Internet. Along the way, the chapter invokes several theories of organization, such as regime theory, principal-agent concepts of delegation, and theories of networked governance derived from transaction cost theory.
Lawmaking
Authors: White Nigel D.
Published: November 2017

This chapter examines whether organizations, in exercising their autonomous competence, can produce laws in their own right, irrespective of whether their output feeds into the traditional sources of international law — treaties, custom or general principles. Examples are taken from practice, such as health law, space law, counter-terrorism law, to demonstrate how organizations make laws and whether it is possible to identify those by the form, content, and method of adoption. It is argued that the resolutions produced by international organizations have their own separateness from traditional sources. The recommendations and regulations of many organizations are not fully binding in a classical international legal sense, but they are often accepted as law at their inception and acted upon by member states, especially in technical areas. The idea of ‘soft’ law encapsulates the legal effect of resolutions before they may mature into treaties or custom, but it does not fully capture their legislative nature.
Dispute Settlement
Authors: Crook John R.
Published: November 2017

This chapter considers two broad categories of dispute settlement: roles and procedures that seek to resolve disputes on non-legal grounds, and those involving application of legal principles and procedures. While legal writers tend to equate ‘dispute settlement’ with settlement through legal procedures, other non-legal procedures such as diplomatic negotiations, mediation, and good offices are more often used. Indeed, it is generally recognized that negotiation is the simplest and most frequently used mode of international dispute settlement. However, the line between these two categories can be far from clear, and settlement of a dispute can involve both legal and non-legal processes.
Information Gathering, Analysis, and Dissemination
Authors: Coicaud Jean-Marc , Le Blanc David
Published: November 2017

This chapter focuses on the relationship between international organizations (IOs) and information. It is organized in four parts. Part I explains why mandates provide the best analysis category for information management by IOs. It also gives examples illustrating the different categories of information managed by IOs. Part II briefly surveys common ways by which IOs gather, analyze, and disseminate information. Part III identifies criteria by which the ‘performance’ of IOs in the gathering, analysis, and dissemination of information might be assessed. Part IV concludes the chapter with an overview of some of the opportunities and challenges facing IOs with respect to information production and dissemination.
Relations with the Private Sector
Authors: Kell Georg
Published: November 2017

This chapter maps out the broad developments that have shaped UN-private sector relations. Political and market-led changes have greatly influenced the UN-private sector relationships from the founding of the UN in 1945. The conviction that peace and prosperity, on the one hand, and trade and investment, on the other, are mutually supportive, and can only be built on the foundations of rule-based interdependence, were soon overshadowed by Cold War ideological battles and statist views on growth and development. But following the launch of the UN Global Compact in 2000, cooperation with the private sector became politically acceptable and institutionally supported. Although the UN was initially ill-prepared to work with the private sector, lacking skills and required operational infrastructure, a decade of experimentation and learning by doing has brought about numerous changes at the intergovernmental, institutional, and operational levels.
General Assemblies and Assemblies of States Parties
Authors: Karns Margaret P.
Published: November 2017

In December 2012, the United Nations General Assembly (UNGA) replaced the United Nations Environment Programme's Governing Council with the larger, universal membership United Nations Environment Assembly of the United Nations Environment Programme (UNEP). This major step for UNEP demonstrates the continuing strength of an idea that took root in the mid-19th century, namely the importance of assemblies of all member states as primary governing bodies in intergovernmental organizations (IGOs). This chapter provides an overview of these assemblies, their purposes, and workings. It also touches on the somewhat different phenomenon of assemblies of state parties to international treaties. It begins by looking at the antecedents of the concept of general assemblies.
Parliaments
Authors: Høyland Bjørn
Published: November 2017

International organizations (IOs) often have a parliamentary body amongst their governing institutions. But these bodies often lack the powers associated with national level equivalents. The European Union has empowered its parliamentary body with substantive powers. The European Parliament (EP) elects its members by general direct elections; has been empowered with substantive legislative and budgetary powers; and its support is required for the executive, the European Commission, to take office. As the EU is unique in its empowerment of its parliamentary body, this chapter discusses to what extent its model should be adopted by other IOs. It is organized as follows. The first section presents a list of IOs with a parliamentary body along with the level of empowerment of this body. The second section discusses the role of direct elections and full-time parliamentarians as a means to empower the parliamentary body. The third section traces the development of the legislative powers of the EP and how it is organized in order to increase its formal powers. The fourth section describes the evolution of the budgetary powers of the EP. The final section deals with the EP's power to control the executive.
Executive Heads
Authors: Chesterman Simon
Published: November 2017

The executive head of an international organization (e.g. president, secretary-general, managing director, or some other title) exists in a curious limbo. He or she is entrusted to lead an organization that may employ tens of thousands of people and administer a budget in the billions of dollars. At the same time, however, his or her ability to operate independently of member states may be severely constrained by the powers entrusted to the office or tight constraints over finances. This tension is evident in the United Nations (UN), where the Secretary-General heads the Secretariat and is nominal commander-in-chief of 100,000 peacekeepers but is formally appointed as the organization's ‘Chief Administrative Officer’. This chapter examines the appointment of executive heads and the formal functions ascribed to them. It then turns to the question of how the various officeholders have implemented those functions in practice, focusing on the ability to operate independently of member-state interests.
High-Level Panels
Authors: Thakur Ramesh
Published: November 2017

This chapter first situates international organizations (IOs) in the context of the changing nature of international diplomacy, including in particular summits and conferences as modes of contemporary diplomacy. It then describes the proliferating number and types of high-level panels as instances of commission diplomacy. Third, it discusses the ideational, normative, institutional, and operational impacts of panels. Finally, it provides a menu of the ingredients for successful commission diplomacy, including the different types of norm actors. The factors that determine the success and failure of high-level panels include their structural and operational features; the quality of leadership provided by their chairs; the breadth, depth, and diversity of expertise of their members; the organization of adequate financial and personnel resources to enable the necessary research and consultations to be undertaken; mission clarity and focus; and the full range of follow-up dissemination, advocacy, and championing of the recommendations. While their operational impact can be diffuse, uncertain, and spread thinly over considerable periods of time, they can be important agents of change in global governance for projecting the power of ideas and processing them into new and improved policy, normative, institutional, and operational outcomes.
International Adjudicative Bodies
Authors: Giorgetti Chiari
Published: November 2017

One of the most important developments in international law is the multifaceted growth of international dispute resolution. There are more parties who prefer to use international law mechanisms to resolve their disputes, and more international actors have more fora available to them to which they can bring their disputes. At the heart of this development are international adjudicative bodies, a diverse group of international bodies that have a common dispute settlement function the outcome of which is binding on the parties. This chapter examines how, when, and over whom these bodies can exercise their function, as well as the nature and enforceability of their decisions.
Membership and Representation
Authors: Mathias Stephen , Trengove Stadler
Published: November 2017

This chapter explains the membership practices in international organizations (IOs). It focuses on criteria for membership, rights and obligations of membership, suspension, expulsion, and withdrawal. In addition to setting out the legal criteria in an international organization's constitutive treaty relating to membership, it also discusses how these criteria have been applied in practice and how decisions that are political in nature have been made within the established institutional and legal framework. The chapter focuses on three different types of IOs: the universal, represented by the United Nations (UN); the regional, such as the European Union (EU) and African Union (AU), where membership is restricted to countries from a particular geographic area; and the specialized agencies which, while fulfilling a limited and technical function, are often open to universal membership.
Privileges and Immunities
Authors: Reinisch August
Published: November 2017

International organizations (IOs) require a broad range of privileges and immunities in order to carry out their tasks independently from any interference by the domestic law and courts of host or other states. Recently, the growing scope of activities of IOs coupled with a heightened rights-awareness of those who might be negatively affected by broad privileges and immunities of IOs has raised questions about the legitimacy of sweeping privileges and, in particular, of often de facto absolute immunity from the jurisdiction of domestic courts. This chapter outlines the development of privileges and immunities of IOs. It focuses on how the standard of ‘functional’ immunity has been applied in practice. It also assesses future perspectives concerning the challenges to and continued justification of such a ‘preferential’ legal position.
Values and the Human Being
Authors: Cieciuch Jan , Schwartz Shalom H.
Published: November 2017

This chapter examines psychological and philosophical traditions in the study of values. It explores two perspectives on values that are useful for thinking about their role in understanding what it means to be human. The internal perspective focuses on the roles values play in the psychological functioning of people and how they relate to human essence. The external perspective describes how values are produced and acquired both in phylogenesis and in ontogenesis and how that contributes to human essence. It is suggested that the phylogenetic perspective explains the pan-cultural agreement in value hierarchies and the ontogenetic perspective explains both the assimilation of the cultural system of values and inter-individual diversity. The chapter also considers relations between personality and values and the metaphysical interpretation of values. Finally, it reflects on the relevance of values to human essence.
Masters of Our Universe
Authors: Proulx Travis
Published: November 2017

This chapter examines whether all animals are existential animals to meaningful degree. Drawing on existentialist perspectives, it bridges contemporary research in psychological science with classic work in philosophy, specifically Friedrich Nietzsche’s Genealogy of Morals, and the animated series Masters of the Universe. The chapter first considers Nietzsche’s archetypes of the human essence: the Priestly masters of outwardly vigilant self-control and the Knightly masters of egocentric conquest. It then explores the neurocognitive structures underlying the divergent behaviors, motivations, and values manifested by Nietzsche’s Knights and Priests. The chapter shows how humans accumulate experiences that are modeled by brain structures into associative networks, which are in turn projected onto the environment as expectations for subsequent experiences. It also describes how an approach-oriented mode of being impoverishes our ability to understand others’ mental states (i.e., theory of mind) as our ego-centrism increases.
Six Social Elements in Search of an Essence
Authors: Giner-Sorella Roger
Published: November 2017

This chapter examines the six elements of sociality and highlights some common and interrelated themes that emerge from the previous section. One such theme, for which the authors take different positions, is the relationship of “animality” to the human essence. Other important facets of humanity are discussed: moral disengagement, human nature, and human uniqueness. The chapter considers how abstract concepts such as morality and justice offer ways in which to reflect upon the more basic building blocks of human relationships such as punishment and helping. Different motivations and reactions concerning helping behavior are proposed to have roots in uniquely human phenomena such as gratitude and self-regard.
The Bible in American Politics
Authors: Morris Daniel A.
Published: November 2017

The Bible has been tremendously influential in American politics by informing grand political theories and by justifying specific policy positions. This chapter analyzes the Bible’s role in political metanarratives and its use in policy positions. From the Puritans’ invocation of Exodus and the City on a Hill through Cold War evangelicals’ interpretations of Revelation, political metanarratives have been animated by divergent and contentious readings of the Bible. Christian uses of the Bible to inform policy stances on slavery, economics, and sexuality have been similarly diverse and contested. Current scholarship shows welcome democratic impulses by challenging long-standing metanarratives and suggesting new policy positions.
The Bible and the Mainline Denominations
Authors: Coffman Elesha
Published: November 2017

The National Council of Churches holds the copyright to the Revised Standard and New Revised Standard versions of the Bible. This fact speaks volumes about the mainline Protestant approach to the Bible, which emphasizes scholarly expertise, institutional authorization, and ecumenical cooperation. This chapter explains how these three emphases shaped the mainline in the late nineteenth and early twentieth centuries, and how the mainline continued to rely on them amid dramatic cultural changes in the later twentieth century. The chapter closes by exploring ways the Bible has been both unifying and divisive among mainline Protestants in more recent history.
The Bible and Jehovah’s Witnesses
Authors: Gilmour Michael J.
Published: November 2017

This chapter offers an introduction to the Watch Tower Bible and Tract Society or the Jehovah’s Witnesses, with particular attention to their distinctive Bible-reading strategies. The aim is broad description rather than detailed commentary and is highly selective owing to the limited space available. The chapter begins with the acknowledgment that the topic is a difficult one for outsiders, and with that caveat in place, then turns to general characteristics of Watch Tower hermeneutics. As much as possible, the study relies on examples of interpretation drawn from (more or less recent) Watch Tower publications. There are also a few notes about the organization’s New World Translation of the Holy Scriptures.
The Bible and Environmentalism
Authors: DeWitt Calvin B.
Published: November 2017

The Bible describes the satisfying and joyful appointment given to Adam and Eve to serve and to keep the Garden of Eden, but their disastrous choice to know evil spoiled people and their life-support system. In the New World, millennia later, settlers in the Eden of America again lost ground, but between 1864 and 1964 they were alerted, principally by five biblically informed people—George Perkins Marsh, John Muir, Theodore Roosevelt, Aldo Leopold, and Rachel Carson—who after their deaths came to be called environmentalists and whose message was termed environmentalism. Their testimony and his personal experience motivated Professor Lynton Caldwell to help design flagship legislation that would inaugurate the remarkable environmental decade of the 1970s. This was joined in 2016 by Laudato Si’, bringing hope that the long-standing stewardship tradition would be rekindled not only in America but around the globe.
The Bible and Music
Authors: Bivins Jason C.
Published: November 2017

Against reductive understandings of textualism, this chapter argues that substantive reckoning with the Bible and music in American history reveals the text’s generativity. Examined here is the interaction between the Bible and various musical forms ranging from hymns to classical music to rap and hip hop. Interweaving broad American religious concerns with identity, community, and power, the Bible’s musical settings and expressions in history are varied and challenging. Across their range, one sees how the conjoined musical and textual imaginations of Americans force a reconsideration of embodied musical creativity, the sensorium of American religions, performance of central religious themes and preoccupations, and religious audiences and publics.
The Bible in American Literature
Authors: Wolosky Shira
Published: November 2017

In an America bereft of European institutions, the Bible emerged as the major shared cultural institution. It became a thread linking American history, politics, religion, and literature to each other, in both consensus and conflict; with literature itself never quite shedding its ties to biblical exegesis. American culture thus has a paradigmatic identification with biblical textuality. This begins with the Protestant groups who defined their venture to America through a specific biblical hermeneutic; then was disseminated, often with striking and startling shifts in position and interpretation, through subsequent groups, denominations, and parties, even into the twentieth century, albeit in increasingly pluralized and fractured forms. This impulse to fragmentation becomes in the twentieth century an enactment of plural identities in ways increasingly claimed not only to be legitimate but to define American peoplehood.
The Bible and American LGBT Interpretation
Authors: Hornsby Teresa J.
Published: November 2017

This chapter gives an overview of the roots of lesbian, gay, bisexual and transsexual/transgendered (LGBT) interpretation in the United States. Much of this hermeneutic is tied to various schools of interpretative thought including historical critical, modernist, popular, postmodern, and queer theory. The hermeneutic can also be tied to centuries of Bible translation choices, focusing on certain words and phrases that have become central to much larger interpretative debates. The chapter also gives brief synopses of groundbreaking work in the field of LGBT hermeneutics and the seminal publications in the discipline. It concludes with an overview of the presence of LGBT biblical scholarship in the primary academic organizations.
The Bible and the Military
Authors: Waggoner Edward
Published: November 2017

This chapter explores three ways that “the Bible” and the military interrelate in America. Editions of the Bible targeted for distribution among American military personnel have taken a number of different material forms. Military-edition Bibles are material objects that tell stories in which God, divine revelation, the military, and the nation acquire meanings together. Military Bibles also function as “place-holders” for “religion,” in broader disagreements about the role of religion in American public institutions. Finally, narratives about American distribution of Bibles to nations abroad—with, through, or after US military action—convey views about America’s power and purpose in the world, and what religion has to do with it.
The Bible and the Sermonic Tradition
Authors: Coleman Dawn
Published: November 2017

This chapter assesses the Bible in American preaching from the seventeenth century to the present by analyzing dominant uses of scripture in two types of Protestant sermons: the cultic, or those addressed to the faith community, and the civic, or those directed to a public beyond the church. Primary strands of cultic preaching have been the salvation of the soul, associated with John 3:3 and evangelicalism from the Great Awakening forward, and spiritual improvement and well-being, which draws on a wide range of mainly New Testament passages, notably the Sermon on the Mount, and historically has been more pronounced in liberal churches and among Methodists. In recent decades, American civic preaching has been linked to the jeremiad, a form derived from Old Testament prophetic rhetoric, yet it should also be recognized as featuring prominent motifs of freedom and of love, for which the central texts include, respectively, Exodus and the injunction to love thy neighbor as thyself.
Protestant English-Language Bible Publishing and Translation
Authors: Gutjahr Paul C.
Published: November 2017

After the outbreak of the American Revolution in 1776, the English Royal copyright on the Bible no longer held sway in the newly formed United States. Beginning in 1777, American publishers began to produce English-language Bibles. Over the next two and half centuries, four distinct waves of American Bible publishing moved from the use of hand-powered printing presses to computers to produce billions of copies of the scriptures that have been distributed around the world. This chapter examines the publishing technologies, the distribution methods, and the key social and religious developments that have been critical in shaping the production and distribution of the Protestant Bible in the United States.
Health and Situations
Authors: Brown Nicolas A. , Condon David M. , Mroczek Daniel K.
Published: November 2017

Research has demonstrated that personality is consistently linked to important health outcomes such as longevity, health care utilization, and adherence to prescribed treatment of illness and disease. However, situational factors may amplify, block, or modify person-level characteristics that affect these outcomes. Therefore, the integration of situation and personality research may add predictive validity for important outcomes such as health behavior and health care utilization. This chapter discusses the importance of context in the joint study of personality and health. We introduce a roadmap for studying health and situations emphasizing the need for theoretical and measurement frameworks. Lastly, the chapter reviews relevant methodological considerations for studying health situations, including tools for assessing situations (e.g., experience sampling, wearable cameras), and recruiting from appropriate populations.
Dewey’s Conception of Philosophy
Authors: Kitcher Philip
Published: November 2017

Dewey campaigned for a “recovery” or a “reconstruction” of philosophy. He did not see philosophy as having come to an end, but, instead, hoped to find a radically new way of continuing. This chapter seeks to understand what he had in mind and to recommend it. At different stages of his career, Dewey offered characterizations so different that it seems he had no single conception of philosophy; however, when his writings are seen as contributions to a large project of fostering human social progress, the diverse accounts of philosophy can be reconciled. Further, recognizing the important role philosophy is to play in progressive inquiry and progressive social practice enables us to understand why Dewey’s writings proceed at distinct levels. The changes he advocates mark a decisive shift in the way philosophy is to be done.
Mead, Dewey, and Their Influence in the Social Sciences
Authors: Huebner Daniel R.
Published: November 2017

This chapter traces novel aspects of the relationship between George Herbert Mead and John Dewey. It identifies major aspects of Dewey’s reception in and engagement with the social sciences. Dewey’s influence in the social sciences is closely connected with Mead, both in the sense that Dewey’s ideas relevant to the social sciences have been developed in substantial collaboration with Mead and in the sense that Dewey has been interpreted by later social scientists primarily through Mead’s work and the work of Mead’s students and colleagues. Dewey and Mead worked to develop functional and later social psychology, social reform efforts, educational theory, the social history of thought, and other aspects of pragmatist philosophy. Dewey also had moderate influence on the sociologists and anthropologists at Columbia, institutional economists at Chicago and elsewhere, and later European social theorists, and his publications and correspondence about Mead after the latter’s death influenced Mead’s own legacy.
Dewey, Whitehead, and Process Metaphysics
Authors: Myers William T.
Published: November 2017

This chapter is divided into three main sections: Dewey’s metaphysics, Whitehead’s metaphysics, and the connections between them. The Dewey section begins with a discussion of current perceptions among scholars of Dewey’s metaphysics, which runs the gamut from those who claim that he did not do metaphysics to those who think he did it well. Next there is a discussion of Dewey’s starting point, with an emphasis on “The Postulate of Immediate Empiricism.” This seminal essay is crucial to understanding Dewey’s approach to philosophy in general. There is then a brief defense of Deweyan metaphysics, followed by a shortlisting of his generic traits of existence. The Whitehead section covers speculative philosophy, Whitehead’s categories, and his theory of prehensions. The final section discusses two of the many items that connect Dewey and Whitehead: their starting points and their take on the mind/body problem.
The Gender Wage Gap in Developed Countries
Authors: Kunze Astrid
Published: November 2017

Despite the increased attachment of women to the labor force in nearly all developed countries, a stubborn gender pay gap remains. This chapter provides a review of the economics literature on the gender wage gap, with an emphasis on developed countries. We begin with an overview of the trends in the gender differences in wages and employment rates. We then review methods used to decompose the gender wage gap and the results from such decompositions. We discuss how trends and differences in the gender wage gap across countries can be understood in light of nonrandom selection and human capital differences. We then review the evidence on demand-side factors used to explain the existing gender wage gap and then discuss occupational segregation. The chapter concludes with suggestions for further research.
An Empire Unredeemed
Authors: Gingeras Ryan
Published: November 2017

Ottoman rule ended without the consent of most Balkan, North African, Levantian, or Mesopotamian citizens. The establishment of post-Ottoman borders, states, and cultures took place in the wake of foreign conquest. The chapter explains how ending the Ottoman Empire was not necessarily a natural outcome of the First World War. Additionally, Mustafa Kemal/the National Assembly could have maintained the Ottoman mantle and preserved the notion of an empire in Anatolia. Greece’s invasion and occupation cemented the National Movement’s claim that it represented a Muslim and Turkish majority. De-Ottomanization, for the most part, was not decolonization; nationalism or popular agency had little to do with lands removed from the sultan’s domain. However, when looking specifically at the development of nationalist political cultures in the aftermath of 1918, it is clear that the violence unleashed had a profound impact upon perception of the Ottoman legacy.
Sovereign Wealth Funds and Foreign Policy
Authors: Lavelle Kathryn C.
Published: November 2017

This chapter examines the questions that sovereign wealth funds (SWFs) pose for analysts of foreign policy insofar as their operating preferences could be either geostrategic, and seek to advance the interests of the home state, or economic, and seek to maximize profits. To sort through the related issues, the chapter considers “home” and “host” country issues with respect to the democratic features attached to each. It thus offers insight into the strengths and weaknesses of various foreign policy arguments that have been offered in the existing literature. Next, the chapter offers observations on attempts to coordinate the behavior of SWFs at the international level, chiefly the Santiago Principles. It concludes with the relationship between pooled investment vehicles and state power in foreign affairs.
Sovereign Wealth Fund Investment and Firm Volatility
Authors: Knill April , Mauck Nathan
Published: November 2017

The popular press and politicians have expressed concerns regarding the potential destabilizing force of sovereign wealth funds (SWFs). This chapter addresses these concerns by presenting results from the literature on the volatility and compensation of risk of SWF target firms and target markets. SWF investments (sales) are associated with a reduction (increase) in the compensation of risk for a three-year (five-year) term. Firm volatility decomposition suggests that it is mainly idiosyncratic risk that drives these impacts. The chapter reviews evidence and data that show the relationship between SWF investment and firm volatility depends on the investment horizon examined. It explains that the evidence is consistent with the view that the relationship between SWF investment and firm volatility is mainly attributable to idiosyncratic risk.
Intellectual Property Meets the Internet
Authors: Samuelson Pamela
Published: November 2017

The Internet was designed without consideration of how it would affect intellectual property (IP) rights. Yet, it has had transformative impacts on all forms of IP, for example, making it possible for many authors and publishers to reach new audiences, to expand into new markets, and to develop new business models. The Internet also unquestionably has had significant impacts on the development of IP laws, especially copyright. Courts and legislatures have had to grapple with many legally and technologically challenging questions and have had to adapt conventional doctrines or develop new doctrines to answer them. This chapter considers notable developments in US, European, and international laws and other initiatives, focusing primarily on copyright developments, but also briefly reviewing impacts on other forms of IP, namely, trademarks, trade secrets, and patents.