bluuebunny/crossref_metadata_2025 huggingface dataset:
Emulating Plato
Authors: O'Neill Michael
Published: April 2019

Through an exploration of Shelley’s poetic and discerning translation of Plato’s Symposium and Ion, this chapter closely examines the nuance of language with which Shelley responds to the Greek, and details the way in which Shelley’s translation achieves, through both form and idea, an unparalleled closeness in spirit to Plato’s original work. It explores Shelley’s stylistic range in tracing Plato’s movement between thought and language, and how his prose serves to echo and intensify the Platonic concepts of the Symposium through intricate forms, broadened perspectives, and a sense of the complex significance of the idea of love. The chapter demonstrates how Shelley’s poems, and in this case his poetic translations, ‘have remarkable intra-textual memories’. The chapter also traces Plato’s lasting influence on Shelley and on his metamorphosis into a great poet: how the poet’s interrelations with Plato, and specifically the Symposium, contribute to his development into a poet more capable of allowing for conflicting perspectives, for dialogue, and debate. Platonic ideas and their evolution feed into Shelleyan concepts in such works as A Defence of Poetry, and Shelley explores the nature of poetic inspiration and the role of a poet in his or her own culture in his translation of Ion. Chapter 1 additionally considers the ways in which, through his translations of and commentary on Plato, Shelley highlights what he calls the ‘vulgar error’ of differentiating between poetry and prose as separate and distinct literary forms.
‘A Kind of an Excuse’
Authors: O'Neill Michael
Published: April 2019

This chapter reconsiders Shelley’s intertextual relationship with Wordsworth and focusses particularly on Shelley’s works written in his later years when he lived in Italy. In examining what is perhaps Shelley’s profoundest poetic relationship, it analyses a complex and productive interchange of influence and creativity. It pays attention to the works Shelley wrote as ‘corrective tributes’ to Wordsworth, and traces Shelley’s disappointment over what he perceives to be Wordsworth’s decline, which is tempered by his acknowledgement of the persisting value of the older poet’s work. The chapter traces the ongoing debate for Shelley between his ‘recollection’ of Wordsworth’s ‘former greatness’ and the ‘embittered irony’ with which he jabs at Wordsworth’s perceived hypocrisy for abandoning his former values. It identifies the ways in which Shelley uses allusion to turn Wordsworth’s words back upon himself as condemnation. But throughout, the chapter continually identifies passages in Shelley’s poetry, and their underlying characteristics, that identify the ongoing affinity the younger poet had with Wordsworth. It traces each poet’s approaches (both differing and similar) to a belief in nature and in the imagination, to the dialogue between imagination and reality, to the soul, to consciousness, to being, and to poetic power. It discusses Shelley’s desire to portray Wordsworth as a poet of the unseen. The chapter identifies ways in which Shelley’s poems take on new and revitalized meaning when read in the light of the younger poet’s recurring engagement with Wordsworth.
‘The Fixed and the Fluid’
Authors: O'Neill Michael
Published: April 2019

This chapter addresses the question of poetic identity in the works of and literary relationship between Shelley and Byron. It identifies the mutual responsiveness of the two poets as well as their responsiveness to the self in poetry. For both poets, there is a great awareness of the possibility to re-imagine the self through poetry: to ‘multiply’ and be multiplied, to become ‘immortal’ through the continuance of one’s ideas and poetic visions, and to be born again in the minds and hearts of those readers who are receptive to the poet’s creations. Both poets, through their poetic works, explore the value of poetry through different forms. Byron’s narrative form provides means by which he can explore the self through opposing poles. As the chapter points out, for Byron, ‘Stories fix and identify; but they are also the doorways towards novelty and escape’. Shelley’s intense lyricism provides an opportunity to test the imagination’s capacity for movement between poles, to be at once fixed and fluid. Both poets present identity through the lens of poetic surrogates through whom they explore notions of isolation, the concept of heroism, a sense of suffering, and the very mortal wish for the timelessness of the soul. The two authors also deftly probe the relationship between author and reader. The chapter also explores the converging and diverging ways in which Byron and Shelley respond to Wordsworthian ideas of identity. It details how the poets’ friendship and intellectual exchange ‘changed who they were as poets’. Throughout, the chapter examines the skill with which each poet creates his works, and traces how poetic form corresponds to poetic idea.
‘Materials for Imagination’
Authors: O'Neill Michael
Published: April 2019

Chapter 14 examines Hemans’s subterranean though profound engagement with Shelley in her poetry from 1822 onward. After discussing how Hemans often drew Byron and Shelley together, even as she was alert and responsive to their differences, the chapter shows how Hemans responded to Shelley in particular in order to individuate her more subjective, later-career poetry. Shelley often comes to Hemans’s mind as a fraught ally when ‘intersubjectivity’, in the form of intertextual responsiveness, points up poetic aloneness. At the same time, she continually reworks Shelleyan pursuit into a poetry of quasi-transcendental intimation that rarely settles for banal piety, but prompts us, rather, to see in her work a poet grappling with the aesthetic challenge of constructing her own poetic habitation out of the ‘materials for imagination’ available in her culture.
Undoing Stereotypes
Authors: McKibbin Ross
Published: April 2019

This chapter is an attempt to understand Britain’s political culture by comparing it with the political culture of Australia, a country which was (and is) very similar, but which differs in several important ways. It was (and still is) argued that Australia is a more open and democratic society than Britain; and that is something widely believed in both countries. The chapter argues that that was probably true before the First World War—though easily exaggerated—but much less true after the First World War. That war, I believe, had very different consequences for Australia than for Britain—and in Australia they were significantly more damaging. It becomes much more difficult to argue that after 1918 Australia, in fact, was more democratic than Britain or Britain was less democratic than Australia—a conclusion that probably is counter-intuitive and something the Australians might find hard to believe..
Conclusion
Authors: McKibbin Ross
Published: April 2019

The concluding chapter is divided into five sub-sections. That on the First World War argues that Britain’s experience of the war was comparatively benign, in so far as this was possible; a perhaps surprising and counter-intuitive conclusion. I have used the study of Keynes’s attitude to the rentier to consider more widely the political economy of interwar Britain. The ‘Decay of Industrial Society’ looks at the political and social consequences of Britain’s decline as an industrial economy: a decline fundamental to Britain’s history after the Second World War. ‘A Whole Social System’ argues for the significance of sport not only as part of popular life but also as fully representative of the wider connections of Britain’s social and political life. Finally, in ‘What Kind of Democracy’, I suggest how these together helped shape the kind of democracy that emerged in Britain in the twentieth century.
Introduction
Authors: Driediger-Murphy Lindsay G.
Published: April 2019

The Introduction traces the state of the question in modern studies of augury and explains why the current consensus is open to challenge. It highlights current developments in the study of Roman and Greek religion and culture, as well as anthropological studies of divination, which suggest that a re-evaluation is possible and needed. The limitations of ‘functionalist’ interpretations of divination are discussed. Four guiding principles for the inquiry are outlined: (1) The purpose of augury was to obtain information from Jupiter about how and when to act. (2) Augury included some consistent rules and sign-interpretations, with which most of its users were familiar. (3) Augury worked by consensus, as specific rules, precedents, and customs were balanced against contingent circumstances. This consensus compelled elite compliance with the divinatory system and acceptance of its results. (4) Religion at Rome was ‘embedded’, but also meaningful in its own right.
The Changing Relationships between Research, Society, and Policy in the Netherlands
Authors: Kremer Monique
Published: April 2019

The WRR, The Dutch Scientific Council for Government Policy, has been a key advisory body in the field of migration and integration since the late 1970s. The heated reception of its 2007 report Identification with the Netherlands—rechristened the Máxima report after a speech by the then Crown Princess—marked an important turning point. Analysis of its reception shows that scientifically informed policy advice must increasingly address two developments: the growing significance of public opinion and the changing relationship between science, policy, and politics. To continue to fulfil its role as honest broker, scientific policy advice must be aware of the breadth of academic and other stakeholder opinion and of deeper public worries and emotions, without being captured by the ‘public majority’. This is necessary in an age when reaching out to the publics—often via media—appears as the most effective route to making an impact on politicians and policy-making.
Philip Sidney and Musical Poesis
Authors: Trudell Scott A.
Published: April 2019

Music offered Philip Sidney and his milieu a unique form of communio, both in the sense of remote communication between souls and in the sense of social “community.” In The Defence of Poesy, in the eclogues of The Countess of Pembroke’s Arcadia, and in the sonnet sequence Astrophil and Stella, Sidney envisions an open-ended, experimental mediascape that neither begins nor ends with writing. This interest in media interactivity resurfaces, in turn, in the compositions of William Byrd, Thomas Campion, John Dowland, and others who translated Sidney’s poetry and his musical legacy into the medium of print. After Sidney’s death, print became a means not to oppose or transcend performance but to activate new sites of music making in amateur and household contexts, opening up new forms of collaboration among poets, performers, and composers.
John Milton and Musical Abjection
Authors: Trudell Scott A.
Published: April 2019

In John Milton’s works, music is a powerful instigator of unsettling modes of poetry. From A Maske Presented at Ludlow Castle to Samson Agonistes and Paradise Lost, Milton remains fascinated by the transformative potential of song, though he comes increasingly to eschew its uncontrollable qualities. In his later career, Milton found it increasingly pressing to subordinate music to his authorial voice. Yet his fantasies of bibliographic control did not prevent him from influencing the songbook movement of the 1650s or from becoming a source for Dryden’s unperformed opera The State of Innocence. Tracing Milton’s connections to his erstwhile collaborator Alice Egerton, to Cavalier songwriters including William Cartwright, and to music publishers including John Playford, Chapter 4 reveals that poetry retained its tendencies toward media adaptation notwithstanding the conflicted desires of poets.
Aristotle in the Ethic Wars
Authors: Berryman Sylvia
Published: April 2019

Beginning from a short history of ethics offered in Korsgaard’s The Sources of Normativity, this chapter notes the practice—dating back to Anscombe’s ‘Modern Moral Philosophy’—of offering narratives about the history of modern ethics in order to unsettle the metaphysical picture underlying the rise of non-cognitivism or subjectivism in ethics. These narratives often feature Aristotelian virtue ethics as a potential alternative, and have shaped the reading of Aristotle’s ethics. The supposed ‘gap’ separating ancient and modern ethics is questioned, and with it the claim that Aristotle was unreflective about the grounding of his ethics; the supposition is also disputed that he regarded human nature as an ‘Archimedean Point’ to ground the demands of ethics, as the work of Williams and Foot might suggest. From a survey of modern appropriations of his ideas, two research questions are isolated: was Aristotle an Archimedean naturalist, and was he metaethically naive?
Nature and the Sources of Normativity
Authors: Berryman Sylvia
Published: April 2019

Examining Aristotle’s intellectual milieu, this chapter argues that the supposedly modern questions about the ‘sources of normativity’ are being asked by Aristotle’s contemporaries, even without the spur of the modern sciences. The challenge to traditional beliefs from materialism, awareness of cultural variations and from sophistic challengers unsettled belief in traditional piety, requiring philosophers to seek other forms of justification. Plato’s work clearly shows a felt need for metaphysical foundations of ethics. The subjectivism of the Cyrenaic school, among others, put pressure on the notion that there is a true good beyond appearances. This chapter notes that—on one reading of the justification for Aristotle’s teleology—he might reasonably have seen the appeal to human nature as an external point of appeal to justify the demands of ethics; the question is whether he did do so.
Buying Oroonoko in Salem
Authors: Moore Sean D.
Published: April 2019

This chapter maps the reception of John Hawkesworth’s theatrical adaptation of Aphra Behn’s Oroonoko in Salem, Massachusetts, in the 1760s, explaining how the literary representation of what Ramesh Mallipeddi calls the enslaved person’s “spectacular suffering” shaped both anti-slavery sentiment and the appropriation of that sentiment by Anglo-American patriots complaining of being enslaved by Britain. It situates this contextualization within the central space of reading in the city, the Salem Social Library, a proprietary subscription library founded by men made wealthy by the slave trade and related enterprises like fish, sugar, molasses, and rum distilling. The reading habits of these men are mapped by reference to the library’s surviving 1760s circulation ledger. Methodologically, it argues that sequential borrowings of volumes of a title, and the velocity of their circulation to members, should count as evidence of the reception of works. It also discusses Massachusetts patriot and abolitionist activity in the 1760s.
Slaves as Securitized Assets
Authors: Moore Sean D.
Published: April 2019

Charles Johnstone’s Chrysal, or the Adventures of a Guinea, is an “it-narrative” about the transatlantic circulation of a coin, so it is only appropriate that it appealed to readers in colonial America due to their transactions in people, currency, and objects. By studying how this book circulated in Charleston, South Carolina—the port made most wealthy by slave trading—and in the other colonies, this chapter asks questions about the separation of objects and objectified people like slaves in the period, exploring how the colonial reception of “it-narratives” helped produce a distinction between them for anti-slavery purposes. By centering its analysis on the social network of enslavers constitutive of the Charleston Library Society, the consumption of novels such as Samuel Richardson’s Pamela by Eliza Lucas Pinckney and others can now be seen as slavery-enabled reading. It shows an extreme example of investment of slavery money into tasteful imports like books.
Productivity—health and wealth
Authors: Britnell Mark
Published: April 2019

Although productivity is the ultimate engine of economic growth in the global economy, health leaders tend to avoid the subject. As a result, we are faced with a reality in which investment has been hampered. Instead of promoting productivity, national decision-makers have provided short-term decisions. These types of quick solutions and short-term thinking have prevented healthcare from making a substantial and sustainable contribution to national wealth creation through raised productivity. In this chapter, Mark Britnell outlines the goals of productivity within the healthcare sector. He discusses how education, innovation, technology, improved infrastructure, and enhanced business models increase productivity within healthcare.
Israel—start-up nation
Authors: Britnell Mark
Published: April 2019

In this chapter, Mark Britnell focuses on Israel’s healthcare system, one of the best-kept secrets in healthcare. He looks at how Israel has achieved a primary care-led health system with four health maintenance organizations (HMOs) providing citizens with both choice and comprehensive cover. Primary and community care spend first exceeded that of secondary and acute care 20 years ago, but it has taken time. Its origins can be traced back to 1911 when an orchard worker had his arm severed and 150 immigrant workers joined together to form a mutual aid healthcare organization called Clalit, a non-governmental, non-profit entity. They knew that to help themselves they had to help each other, and Clalit is now the largest HMO in Israel with 14 hospitals and more than 1,200 primary and specialized clinics. The health system of Israel is not perfect but is highly innovative—not least in its use of patient information—and deserves attention.
Loving your staff—bring joy to work
Authors: Britnell Mark
Published: April 2019

Doctors and nurses globally are feeling unloved and underappreciated. Clinicians are expensive to train and it takes years, and once lost, they are not easily replaced. Yet we lose people from their first day in the job. They might quit because of the job itself or through personal circumstances. But if health systems want to retain people throughout their working lives, they are going to have to support them through life events—births, deaths, parenthood, sickness, caring, older age. They will also have to support them through every stage of their career too, from first job, through promotion and into retirement. They are also, like any other industry, going to have to meet legitimate expectations of a healthy, happy relationship with work. In this chapter, Mark Britnell argues that most companies spend time and effort understanding exactly what their customers want and need of them, and that it now is high time healthcare providers started asking the same about their workforce.
The United States of America—disunited states
Authors: Britnell Mark
Published: April 2019

In this chapter, Mark Britnell takes a close look at the American healthcare system. He analyses the openly polarized American society, and how this is reflected in its health systems. American healthcare can deliver the finest service to some, and yet leave millions without insurance. It is the only OECD country without universal health coverage but leads the world in research. He looks at the United States’s slightly low density of physicians with 2.6 per 1,000 population compared with the OECD average of 3.0, and how this aggregate figure hides shortfalls and surpluses across the country spanning specialties, regions, and income brackets.
“Godot Has Arrived!”
Authors: Malagodi Mara
Published: April 2019

This chapter examines the process and modalities of constitutional reform that led to the federal restructuring of Nepal’s unitary state. It first considers the context that led to the question of federalism in Nepal, focusing on identity politics and the role of mainstream political parties and political elites during the period 1990–2006. It then looks at the period of constitutional engagement, taking into account the establishment of the first Constituent Assembly (CA1) and its eventual dissolution. It also discusses the outcome of federalization as well as the lessons that can be drawn from the process, especially with regard to territorial restructuring, identity politics, and the range of institutional responses to demands for social inclusion. A new Constitution was promulgated on September 20, 2015, but it did not bring about radical institutional restructuring and was met with growing protests in the Terai plains near the Indian border.
After the Scottish Independence Referendum
Authors: Tierney Stephen
Published: April 2019

This chapter examines the independence referendum in Scotland, held on September 18, 2014, and its implications for the federal direction of the United Kingdom. The referendum saw 55 percent of Scots say “No” to the question: “Should Scotland be an Independent Country?”. Despite this result, the referendum has sparked a further process of decentralization. The chapter first describes the context that led to the Scottish independence referendum, focusing in particular on the success of the Scottish National Party (SNP) in the parliamentary elections of May 2011 and why the referendum emerged from—and was organized within—the normal contours of constitutional democracy. It then considers the period of constitutional engagement and the outcome of the referendum before concluding with an analysis of some of the lessons that can be drawn from it with regard to constitutional change and the issue of secession.
Context-Free Semantics
Authors: Santorio Paolo
Published: April 2019

On a traditional view, the semantics of natural language makes essential use of a context parameter, i.e. a set of coordinates that representss the situation of speech. In classical frameworks, this parameter plays two roles: it contributes to determining the content of utterances and it is used to define logical consequence. This paper argues that recent empirical proposals about context shift in natural language, which are supported by an increasing body of cross-linguistic data, are incompatible with this traditional view. The moral is that context has no place in semantic theory proper. We should revert back to so-called multiple-indexing frameworks that were developed by Montague and others, and relegate context to the postsemantic stage of a theory of meaning.
The Construction of Economic Rights in the InfoSoc Directive
Authors: Rosati Eleonora
Published: April 2019

Turning specifically to the discussion of economic rights, this chapter shows how the Court’s application of certain standards discussed in Chapter 2 has resulted in common approaches—and overall broad scope—of the economic rights harmonized by the InfoSoc Directive, these being the rights of reproduction, communication/making available to the public, and distribution. This chapter also contains a discussion of the de facto harmonization of the originality requirement at the EU level and the understanding of ‘work’ under the InfoSoc Directive. With regard to the right of distribution, its exhaustion—especially following the first lawful sale copies in digital format (digital exhaustion)—is also discussed.
Relevance of EU Copyright Law to (Future) Non-EU Member States
Authors: Rosati Eleonora
Published: April 2019

This chapter discusses the impact of CJEU copyright case law on national copyright regimes, even beyond the wording of EU directives as transposed into national legal systems. To this end, it focuses on the UK and, following a discussion of what immediate changes the departure from the EU and the EEA (Brexit) would have (also with regard to issues of exhaustion), it explores to what extent case law of the Court of Justice of the European Union (CJEU) has changed UK copyright law. EU decisions have had an impact in areas such as: copyright subsistence, subject matter categorization, primary/accessory liability, standard of infringement, exceptions and limitations, and enforcement (with particular regard to website blocking jurisprudence). Overall, this chapter shows the legacy of CJEU case law, and how pervasive the impact of such case law is.
Reformation Protestantism
Authors: Bennett Joshua
Published: April 2019

Whereas the third chapter considers the ways in which Protestants used history to come to terms with an opposing religious system, the fourth explores developing Protestant responses to their own, post-Reformation religious heritage. After evangelicals during the 1830s and 1840s used Reformation history to strengthen Biblicist religion, and Tractarians denounced the Reformation’s destructiveness, the growth of developmental historicism pushed debate over the Reformation’s legacies in new directions. Liberal Protestants identified the kernel of modern freedom in the husk of Reformation-era dogmatism, whilst critical evangelicals, such as Henry Wace and Robert William Dale, used developmental understandings of sixteenth-century history to refresh reformed orthodoxy. John Addington Symonds and Karl Pearson, however, began to exalt the Renaissance as the alternative birthplace of the autonomous individual. Whether Reformation religion was to be regarded as the quintessence of the modern spirit, or else as its impediment, became an important dividing line in late-Victorian intellectual culture.
Reason and Religion in Modern History
Authors: Bennett Joshua
Published: April 2019

This chapter focuses on Victorian debates over the intellectual origins of modernity. These hinged on competing interpretations of the place of the seventeenth and eighteenth centuries in the history of ‘mind’. Secularly inclined sociological critics such as Henry Thomas Buckle, who held to an epistemological phenomenalism influenced by John Stuart Mill and Auguste Comte, hailed these periods for having refined the inductive sciences which drove true progress. An alternative reading of post-Reformation intellectual history, developed by John Tulloch and others, and attacked by agnostics, instead credited it with having made rational theology possible. Underlying these debates was the question of whether experience was confined to the world of sense data, or else also encompassed the intuitive powers of mind. William Inge, in dialogue with Idealist philosophy, developed the latter possibility, in ways that hinted at the development of the apologetic authority of history into a new concern with the psychology of religion.
From Noah’s Ark to ‘Nature+’
Authors: Lehmann Ina
Published: April 2019

The chapter reconstructs two major changes in the ways in which the International Union for Conservation of Nature (IUCN) has legitimated itself. In the 1980s and 1990s, IUCN’s focus first shifted from conserving nature for nature’s sake to conserving nature for the sake of the people. This rise of human well-being norms was subsequently reinforced by the increasing emphasis of stakeholder participation, local knowledge, and, with some time lag, indigenous peoples’ rights. Since the early 2000s, we then observe the rise of a complementary legitimation strategy that centres around the economic benefits of conservation. Analytically, the chapter shows that changes in membership structures as well as in the ideational environment of international organizations provide windows for change, that these are used by strong norm entrepreneurs in the organization’s secretariat, and that normative changes have a tendency to be self-reinforcing, a phenomenon we term normative path dependence.
Legitimating Global Governance in a Post-National World
Authors: Dingwerth Klaus
Published: April 2019

The chapter summarizes and reflects upon the core findings of our study. Compared to the 1970s and 1980s, how have the norms and values that underpin the justification, appraisal, and critique of international organizations shifted in the post-1990 world? The chapter argues that legitimacy standards of the national constellation are increasingly complemented by the legitimacy standards of the ‘post-national constellation’. While the legitimacy standards of the national constellation emphasize state sovereignty, functional cooperation, and non-coerciveness, the legitimacy standards of the post-national constellation conceptualize individuals as rights holders and are guided by a cosmopolitan ideal of inclusive global governance. More specifically, the case studies reveal a rise of people-based legitimation norms and a rise of procedural legitimacy standards. As the study shows, the politicization of expanded international authority is one important source of normative change. Other sources include the rise of new legitimation constituencies and self-reinforcing dynamics of normative change.
The Old Testament Witness
Authors: Levering Matthew
Published: April 2019

In contemporary biblical scholarship that investigates the question of whether Jesus of Nazareth was raised from the dead, scholars generally pay some attention to the Old Testament. The first part of this chapter therefore examines the findings of the New Testament scholars Dale Allison and N. T. Wright and the Hebrew Bible scholar Jon Levenson. The chapter next examines St. Thomas Aquinas’s use of the Old Testament in commenting on John 20–1, the chapters of John’s Gospel that treat Jesus’ Resurrection appearances. In his commentary, of course, Aquinas is not attempting to investigate the historicity of Jesus’ Resurrection. Commenting on John 20–1, Aquinas includes 139 quotations from the Old Testament. The chapter argues that the verses selected by Aquinas play a valuable cumulative role in supporting the truth of the claim that Jesus rose from the dead.
Less Time in Can’t and Won’t
Authors: Mitchell Lee Clark
Published: April 2019

Lydia Davis’s “flash fictions” shift our attention from narrative to verbal craft, evident in her resolute choice of words, syntax, and sentence rhythms. An abbreviated style compels readers to focus on fully stopped moments, an effect that defies narrative progression much as do Joy Williams’s and Alice Munro’s discontinuous stories. Like them as well, the development of a later style is a matter of branching into new directions—in her case, continuing a microscopic fascination with individual words and their resonances, but now shifting toward found objects (Flaubert’s letters), or letters of complaint, or grammatical puzzles: all as “witness” narratives revealing the ways in which the mundane minutiae of life is transformed into art. The borders between fiction and nonfiction become less clear, as Davis presses on the boundaries of what a short story can be.
Epilogue
Authors: Mitchell Lee Clark
Published: April 2019

This brief summary reviews the argument for various late styles, none of which exactly fits a pattern. Each among the quartet of short story writers whose work has been assessed in this book (Alice Munro, Andre Dubus, Joy Williams, and Lydia Davis) differs dramatically from an earlier self as well as from the others. And in closing the book with a discussion of Robert Coover’s minimalist “A Sudden Story”—a piece written in what could be termed Coover’s middle period—we realize how even the very shortest of stories has the capacity to summarize an entire centuries-long tradition.
Regulatory Competition
Authors: Stark Johanna
Published: April 2019

This chapter introduces regulatory competition as a conceptual framework and factual phenomenon. It discusses the structural preconditions of a ‘law market’, including state suppliers’ incentives to compete at all. It closes with a glance at a number of areas in which competitive dynamics among legislators can be found to operate. Law markets have emerged in a growing number of fields, most prominently in the ‘charter competition’ between US states for being chosen as a place of incorporation, with Delaware being the market leader. Another example that has been under intense academic scrutiny is tax competition: states compete for tax revenue and try to offer ‘tax products’ that appeal to mobile individuals and corporations. Further examples discussed in this chapter are drawn from contract, labour, and insolvency law, as well as dispute resolution.
Political Values under Competitive Pressure
Authors: Stark Johanna
Published: April 2019

The arguments presented in this chapter spell out the idea that regulatory competition, or the existence of law markets, is at odds with how the state, as the primary political entity of our time, works—or should work. The chapter argues that regulatory competition runs counter to the normative implications of concepts such as state autonomy, democracy, as well as political and legal authority. These are arguments that sit within the conceptual framework of moral and political philosophy. Their starting point is the way in which we understand these normative concepts and to what extent a political and legal reality that is shaped by regulatory competition is consistent with this understanding.
Atoms in Light: Semiclassical Theory
Authors: Milonni Peter W.
Published: April 2019

The atom-field interaction is treated in semiclassical radiation theory, starting from the transformation from the minimal coupling Hamiltonian to the electric dipole form used extensively in quantum optics. The Heisenberg and density matrix approaches are developed and applied to two-state atoms, Bloch equations, Rabi oscillations, Maxwell-Bloch equations, and transition rates for absorption and emission. Einstein’s theory of blackbody radiation based on momentum fluctuations and dissipation is reviewed. The Einstein fluctuation formula is derived and used to introduce wave-particle duality, Hanbury Brown-Twiss correlations, and photon bunching.
Precedents
Authors: Perry Elisabeth Israels
Published: April 2019

The American woman suffrage movement inspired women to take actions unprecedented for their sex, such as marching in parades and picketing the White House. In addition, suffragists also engaged in new kinds of political action designed to persuade legislators—at the time all male—to remove from state constitutions the word “male” or “men” as descriptors of voters. New York City suffragists pioneered in such political work. They not only turned the tide in New York State but also provided a model that suffragists elsewhere followed. This chapter covers the contributions to this process made by the Woman’s Christian Temperance Union of New York; the settlement, labor, consumer, and municipal reform movements; and individual suffragists such as Harriot Stanton Blatch, Rosalie Gardiner Jones, Carrie Chapman Catt, Harriet Burton Laidlaw, and Mary Garrett Hay.
The Election of 1937 and Beyond
Authors: Perry Elisabeth Israels
Published: April 2019

The 1936 New York City charter reform introduced proportional representation (PR) as the voting method for electing the city council, the legislative body that replaced the old board of aldermen. Two local women politicians gained prominence in this period. One was Genevieve B. Earle, the first woman elected to that body in 1937. She served a total of twelve years on the council and, as minority leader, worked to modernize county government to make it more economical. The other was Anna M. Kross, a city magistrate who in 1938 ran for the state supreme court, a race she lost but which inspired other women attorneys to reach for higher political goals. The repeal of PR in 1947 limited New York City women’s political futures as city legislators.
Traditional Rationales and Constraints
Authors: Hoskins Zachary
Published: April 2019

This chapter critically examines various commonly cited rationales and constraints on sentencing to see what guidance they may provide regarding the permissibility of collateral legal consequences (CLCs) as punishment. First, it considers the implications of prominent rationales, including deterrence, moral education, and retribution. Then, the chapter examines the most commonly cited constraints on sentencing: that punishment should be proportionate relative to the seriousness of the offense and proportionate relative to other sentences in the sentencing scheme. These desert-based proportionality principles can offer some, albeit limited guidance in assessing criminal sentences in general, and CLCs as candidate sentences in particular. Thus the chapter concludes that we have good reason to appeal to other sentencing principles in evaluating CLCs as forms of punishment.
Instrumental Justifications
Authors: Hoskins Zachary
Published: April 2019

This chapter examines the instrumental case for collateral legal consequences (CLCs). CLCs are commonly defended as risk-reductive measures. The chapter proposes several considerations relevant to determining whether and when particular measures are justified on risk-reduction grounds: Restrictions should effectively serve a morally compelling interest, they should not generate offsetting negative consequences, and they should represent the least burdensome alternative. The chapter contends that some CLCs may be permissible according to these criteria, but only in a very limited range of cases. Also, the state will be obliged to make provisions to mitigate the effects of such measures on offenders’ abilities to build legitimate lives for themselves.
Collateral Consequences and Criminalization
Authors: Hoskins Zachary
Published: April 2019

This chapter examines the implications of the existence of collateral legal consequences (CLCs) for decisions about what types of conduct the state should, or may, criminalize. It might seem that criminalization decisions should not be concerned with CLCs: it is one question what sort of conduct the state should declare to be criminal behavior, and a separate question what consequences should follow for those who violate criminal laws. But this chapter contends that the existence of CLCs is relevant according to specific accounts of criminalization, namely versions of the harm principle and legal moralism. It is also relevant to the legitimacy of the state more generally. Thus the existence of CLCs is relevant both to officials who make criminalization decisions and to scholars assessing competing theories of criminalization.
Introduction
Authors: Pai Sudha , Kumar Sajjan
Published: April 2019

Examining the resurgence of communal riots, the authors argue that UP is experiencing in the 2000s a post-Ayodhya phase different from the early 1990s. To understand this new phenomenon, they move beyond riots and offer a model of institutionalized everyday communalism whose defining features are: shift of riots from earlier classic/endemic sites to new ones, recruitment of local BJP-RSS cadres/leaders who carry out sustained, everyday grassroots mobilization using local, mundane issues and imaginary threats, and spread of communalism and riots into villages. Also, a second round of experimentation with ‘non-Brahminical Hindutva’ incorporating lower castes to consolidate a Maha-Hindu identity. The aim is to create a bias against the Muslim among the Hindus rendering them the ‘other’. Fusion of rising cultural aspirations and deep economic anxieties in an economically backward state, where a deepening agrarian crisis, unemployment and inequalities are widespread, has created fertile ground for a new kind of communalism.
Communal Mobilization and Riots in Eastern Uttar Pradesh
Authors: Pai Sudha , Kumar Sajjan
Published: April 2019

Chapter 3 based on fieldwork in Mau and Gorakhpur provides a rich description of everyday communalism and communal riots in 2005 and 2007, respectively. In Mau, incidents of everyday communalism have a distinct socio-cultural form visible in the confrontation around the Bharat-Milap ceremony. But, fieldwork revealed that the reasons lie in underlying tensions from the desire to protect religio-cultural practices, economic distress due to decline of the weaving industry, heightened political consciousness, and the role of the mafia within the Hindu and Muslim community, which the BJP has been able to exploit and engineer the 2005 riots. In Gorakhpur, communalism has a more distinctly political colour, the result of sustained religion-based mobilization by Yogi Adityanath and his HYV responsible for creating communal polarization, tension, and incidents culminating in the 2007 riots. In both towns a characteristic is mobilization to saffronize the Dalits taking them away from the BSP.
Sustainable Development, CBD, and IPR
Authors: Chaudhary Sanjeev Kumar
Published: April 2019

One of the landmark outcomes of Earth Summit was the ‘Convention on Biological Diversity’ which calls upon parties to conserve and sustainably use biological diversity while equitably sharing the benefits of the use of genetic resources. The chapter explores the role of IPR to achieve sustainability. This chapter further provides a study of the development of the concept of Sustainable Development as a tool to meet the social need and will analyse recent position—how can IPR be a handy tool to achieve the objective mentioned under CBD and Nagoya Protocol with the help of TRIPS Agreement. It primarily discusses interlinks and conflicts between the provisions of CBD and IPRs. The chapter argues that Indian policymakers have a crucial but tough role in ensuring that the IPR policies and practices and the need of conservation of biodiversity stands mutually supportive to each other.
Paradox of Sustainable Development
Authors: Nunes William , Anand Saurabh
Published: April 2019

The chapter argues that political parties have to incorporate the idea of sustainable development in their manifesto itself. The goals of sustainable development cannot be achieved if the political parties themselves are not committed to it. The goals of sustainability can only be achieve if sustainability is truly integrated into core party values. No major work in the area has been done in India so far. This paper is an attempt to analyse the constitutions and rule of the major national political party while also particularly analysing the manifesto as published from time to time, to examine whether they have, and if yes then how have, they addressed the subject of environment and sustainability. The scope of the analysis of the manifesto mainly focuses on the 2014 election manifestos, as the 2014 election was the most recent election constituting the 16th Lok Sabha (house of representatives).
Introduction
Authors: Jha Mithilesh Kumar
Published: April 2019

This chapter examines the language politics in India specifically that of the ‘Hindi heartland’ as it evolved during the nineteenth and twentieth centuries. It discusses the processes that led to subordinations and appropriations of other languages in the region. Thus, it seeks to interrogate the ways through which these other languages became merely as ‘dialects’ or ‘varieties’ of Hindi. It also needs to be stressed that language and dialects’ inter-relationship remains a highly problematic and contentious issue in the ‘Hindi heartland’. Many linguistic communities like Maithili and Bhojpuri had to struggle for the recognition of their respective languages as independent and distinct from Hindi. Other literary rich and more cultivated languages like Braj or Awadhi became ‘varieties’ of modern Hindi. Maithili is now recognized as a modern Indian language but many other languages in the region including Bhojpuri are still struggling for such recognition. In this chapter, I have argued that the studies of vernacular politics may lead to deeper understanding of the contentious trajectories of modernity and nationalist imaginations in modern India.
Maithili Language and the Movement, Part–I
Authors: Jha Mithilesh Kumar
Published: April 2019

This chapter examines the ways through which the Maithili movement became more provocative and assertive from the beginning of the 1920s until the independence of India. It begins with not just a categorical refutation to Hindi’s claim of Maithili being its ‘dialect’, but by invoking the cultural and historical figures like Vidyapati, Govinda Das, which led to controversy between the supporters of Bengali and Maithili, it tried to galvanize and broaden its support among the Maithili speakers who were divided on the basis of caste, class, religion, region, and sects. In this period, there were many Bengali scholars who tried to project Vidyapati and Govinda Das as Bengali poets. However, the controversy was settled by the Bengali scholars themselves through their meticulous research on Vidyapati and eventually they began to support the cause of Maithili as an independent language. All these developments galvanized the support for Maithili among the Maithils who otherwise were suspicious of Maithili’s prospect in terms of either getting good education or employment. Whereas on the other hand, learning Hindi was seen not only as supporting the nationalist cause but a language that can provide better opportunities. However, Maithili elites remained ambivalent to Hindi. They could foresee its prospect but were not willing to forgo the rich literary traditions of Maithili for championing the cause of Hindi. So, while they were not inimical to Hindi, they rallied solidly behind Maithili to assert its status as an independent modern Indian language. The broadening of Maithili journalism attempts to revive its script—Mithilakshar, and formation of the Maithili Sahitya Parishad were other significant developments in this period. Gradually, these developments led to the growth of a new sense of geopolitical identity on the basis of Maithili. And Mithila-Maithil-Maithili became the key slogan of this phase of the Maithili movement.
Introduction
Authors: Wani Aijaz Ashraf
Published: April 2019

What Happened to Governance in Kashmir? documents the state of management of trouble-torn Kashmir by ‘client governments’.1 It is a story of engagement with political instability through the use of different instruments, strategies, and tactics to create ‘order’ in what Sanjib Baruah terms, in a different context, ‘durable disorder’....
How New Was the New Kashmir (1948–53)?
Authors: Wani Aijaz Ashraf
Published: April 2019

Being the main inspiration behind the Naya Kashmir programme and its chief sponsor, Sheikh Abdullah’s brief period of little over five years (1948–1953) is characterized by the process of speedy implementation of the programme. However, notwithstanding the revolutionary changes in agrarian relations and other aspects, the condition of the common people worsened and the whole period got mired in controversies and conflicts leading to the disillusionment of the people as well as dismissal of the Sheikh. The second chapter therefore revisits the period by examining the extent to which the Sheikh succeeded in replacing the old by ‘new Kashmir’.
Preventing a Sino-American Clash, 1955
Authors: Singh Zorawar Daulet
Published: April 2019

The 1954–5 Formosa crisis, also known as the first offshore islands crisis, offers another forgotten event to understand Nehru’s geopolitical vision for a stable Asian order as well as look back at India’s extraordinary role in averting a major Sino-American conflict in the Western Pacific. India’s response to the possibility of a breakdown in East Asian security may be seen as a logical extension of Nehru’s statecraft in the first Indochina crisis, namely, to stabilise the geopolitical status quo in the extended neighbourhood and arrest an escalating crisis between a rising China and a dominant America before it spiralled into wider regional instability or a hot war. In essence, Nehru sought to promote an inclusive order where both these great powers could preserve their vital interests in Asia’s future.
Conclusion
Authors: Singh Zorawar Daulet
Published: April 2019

This chapter returns to the central theme and examines whether changing role conceptions from a peacemaker to a security seeker is a persuasive interpretation for the dramatic shift in India’s foreign policy during the Cold War. It then situates this study in the broader historiography of India’s foreign policy and suggests why we might need to reconsider the mainstream depiction of India’s statecraft during the Cold War. Some of this book’s implications for future research is also briefly discussed, and finally, the contemporary relevance of this study is underlined by showing that many of the recurring questions and debates about India’s future role can be engaged if we situate India’s foreign policy journey in a larger historical backdrop.