bluuebunny/crossref_metadata_2025 huggingface dataset:
Total Disconnect, 1968–1988
Authors: Demshuk Andrew
Published: October 2017

Not only had the regime failed to seriously undermine public protest; it had also unwittingly transformed the University Church into a rallying point for public indignation. First the June 1968 unfurling of a banner demanding “reconstruction” of the University Church at the international Bach competition embodied a final act of protest before twenty years of profound cynicism and disengagement in place of the public enthusiasm of the first postwar years. Then after years of private resentment, memory of the crass injustice of 1968 helped to fuel the general disgust at urban decay and misrule, prompting the 1989 peaceful revolution in Leipzig that helped to topple the DDR regime.
Challenges to Engineering Moral Reasoners
Authors: Klincewicz Michał
Published: October 2017

A combination of algorithms, based on philosophical moral theories and analogical reasoning from standard cases, is a promising strategy for engineering software that can engage in moral reasoning. This chapter considers how such an architecture could be built using contemporary engineering techniques, such as knowledge engineering and symbolic reasoning systems. However, consideration of the philosophical literature on ethical theories generates engineering challenges that have to be overcome to make a computer moral reasoner viable. These difficulties include the context sensitivity of the system and temporal limitations on search—problems specific to artificial intelligence—but also difficulties that are direct consequences of particular philosophical theories. Cooperation between engineers and philosophers may be the best way to deal with those difficulties.
Confidants
Authors: Small Mario Luis
Published: October 2017

This chapter reviews the literature that probed people’s decisions about whom to turn to when they need a confidant and discusses reasons for considering an alternative. It first provides a historical overview of research on the subject before analyzing how the claim that people will turn to those they are close to when they have important matters to discuss is linked to the ideas about the differences between strong and weak ties. It also cites three reasons to doubt the notion that people will turn to strong ties when seeking confidants as consistently as they say they do. The chapter concludes by explaining the rationale for studying the experiences of graduate students who were forced to make decisions about whom to talk to when they needed someone to talk to.
Theoretical Generalizability
Authors: Small Mario Luis
Published: October 2017

This chapter examines the extent to which theories that the book has proposed to explain the graduate students’ behavior can be applied to other situations. It first considers the structural theory on which the rule of thumb about the separate benefits of strong and weak ties is based. It then highlights the theory’s limitations and offers an alternative. It shows that most of the book’s propositions can be organized around three core principles, none of which is reducible to the characteristics of the network structure. It also relates these principles to three key findings: the avoidance of strong ties, or people who might otherwise seem to be good confidants; the pursuit of cognitive empathy from weak ties; and the prevalence of incidental and spontaneous decisions about whom to confide in. Finally, it looks at other contexts where similar principles are at play.
Crumbling into Dust
Authors: Barnard John Levi
Published: October 2017

This chapter situates Chesnutt’s writing within a tradition of black classicism as political engagement and historical critique extending from the antebellum period to the twentieth century and beyond. Reading Chesnutt as a figure at the crossroads of multiple historical times and cultural forms, the chapter examines his manipulation of multiple mythic traditions into a cohesive and unsettling vision of history as unfinished business. In the novel The Marrow of Tradition and the late short story “The Marked Tree,” Chesnutt echoes a nineteenth-century tradition that included David Walker, Henry Highland Garnet, and writers and editors for antebellum black newspapers, while at the same time anticipating a later anti-imperial discourse generated by writers such as Richard Wright and Toni Morrison. Chesnutt provides a fulcrum for a collective African American literary history that has emerged as a prophetic counterpoint to the prevailing historical consciousness in America.
Lost and Hunted in Bad Woods
Authors: Clasen Mathias
Published: October 2017

Eduardo Sánchez and Daniel Myrick’s The Blair Witch Project (1999) launched the horror subgenre of “found footage”—pseudodocumentary horror—into the mainstream. The film was marketed as a true story and features the footage of three student filmmakers who got lost on a trip to document the Blair Witch phenomenon. The film was remarkably effective in using simple cinematic techniques to generate an authenticity aesthetic, and in using a suggestive multiplatform advertising campaign, thus capturing audience interest and generating strong emotional responses. The film tapped into evolved defense mechanisms through its depiction of vulnerable youths getting lost in an unknown, hostile natural environment and being hunted by some malignant, apparently supernatural agent. The film’s promise of authenticity, of real horror, made the narrative premise even more salient to audiences.
Physical Disability, Dignity, and Physician-Assisted Death
Authors: Wasserman David
Published: October 2017

This chapter focuses on the relevance of physical disability for justifying extensions of physician assistance in dying to individuals who are not terminally ill. It is concluded that such disability, however severe, provides no stronger dignity-based reason than other kinds of loss or misfortune for permitting physician assistance, either as a condition for finding or presuming unbearable suffering or as an independent ground for physician assistance. A law or policy that singled out physical disability, however severe, as supporting a dignity-based claim for physician assistance would be misguided. The state should not explicitly or implicitly treat any physical condition, or any degree of physical dependence, as undignified.
Human Dignity and the Right to Assisted Suicide
Authors: Baumann Holger , Schaber Peter
Published: October 2017

If a person competently requests another person to assist her in dying, she thereby exercises her normative power to make the act permissible that belongs to her rights over her own body. Denying a person this normative power means, on the view developed in this chapter, to disrespect her human dignity. We thus argue against views that regard terminating one’s own life (by the help of others) as morally impermissible for reasons of human dignity. At the same time, however, we do not think that exercises of a person’s normative power to end her life provide others with any reasons to help nor does it put them' under a duty to assist. Respect for human dignity only requires us to respect a person’s normative power to make assisting acts morally permissible.
The Modernist Art of Queer Survival
Authors: Bateman Benjamin
Published: October 2017

This book explores an archive of modernist literature that conceives survival as a collective enterprise linking lives across boundaries of race, time, class, species, gender, and sexuality. As social Darwinism promoted a selfish, competitive, and combatively individualistic understanding of survival, the four modernists examined here countered by imagining how postures of precarity, vulnerability, and receptivity can breed pleasurably and environmentally sustainable modes of interdependent survival. These modes prove particularly vital and appealing to queer bodies, desires, and intimacies deemed unfit, abnormal, or unproductive by heterosexist ideologies. Henry James’s “The Beast in the Jungle” opposes “survival of the fittest” doctrines and Progressive-era masculinity with a feminist-inspired cultivation of ecological humility and interspecies collaboration. Oscar Wilde develops an autobiographical form that expresses collective subjectivity in De Profundis, an epistolary testament to the constitutive role of suffering in queer community formation. E. M. Forster imagines, in Howards End, how queer ideas and intimacies survive courtesy of invitations that awaken both inviters and invitees to unexpected relational possibilities freed from conventional timelines of development and realization. In Forster’s A Passage to India, the pursuit of “queer invitations” models an evolutionary succession defined by careful attention to creaturely inheritance and by ethical responses to the countless lives, including those obfuscated by imperial privilege, required for the successful survival of any individual life. Finally, Willa Cather’s short and long fiction, including “Consequences,” Lucy Gayheart, and The Professor’s House, argues for suicide as a way of life as it transforms the impulse to throw life away into an ethical alternative to the greedy logics of capitalism.
Of Gods and Heroes
Authors: Tran Anh Q.
Published: October 2017

Chapter 3 analyzes the many religious rites, including the worship of Heaven, nature, spirits, heroes, and religious figures in public cults as well as domestic rituals. It gives an introduction to the cultic life of the Vietnamese and a Christian evaluation of traditional worship. In particular, it describes prominent sacrifices—to Heaven and Earth; to the Divine Farmer and other spirits of nature; to imperial ancestors—as well as some of the important cults in Vietnamese society: the cults of Confucius and the military; of the three ranks of spirits (supreme, middle rank, and lower rank); and of religious figures: Mother Goddess, Lady Buddha of Compassion, and Jade Emperor. From a Christian perspective, these rites challenge the notion of monotheistic worship and display a reluctance on the part of the Christian to completely dismiss these rites.
Perpetrators Alone and Together
Authors: Weisband Edward
Published: October 2017

This chapter studies the etiologies of genocide and mass atrocity and argues that self-exhibitionism provides a theoretical basis for interpreting the macabresque as a discrete phenomenon in mass atrocity violence. It also engages social constructionism in group dynamics through the concept of prototypicality. The chapter provides a critique of methodological simulation in social and political psychology, specifically, findings that emphasize obeisance, obedience, and obsequiousness found in the works of Milgram, Zimbardo, and others. It also provides a critical survey of a wide range of theoretical perspectives on collective violence, mass atrocity, and war to demonstrate their methodological inadequacies and analytical frailties in the absence of a sustained focus on emotional psychology and the psychodynamics of desire. The analysis introduces the concept of akrasia and akratic willfulness in order to outline a theory of absolute power.
One Mind, Heart, and Spirit
Authors: Weisband Edward
Published: October 2017

This chapter presents the reductionist traps in applying psychosocial theory to political and social analysis whenever the analytical concept of “mass mind” is applied in the context of political history to explain intersectarian violence. It thus outlines the methodological risks in efforts to dehistoricize explanations of collective behavior on the basis of presumed immutable psychosocial forces that “psychologize” violent behaviors by conflating macro-, meso-, and microlevels of analysis. This chapter emphasizes the methodological fallacies attached to levels of analysis by indicating the risks entailed in psychologizing groups and sociologizing individuals. Analysis also indicates the importance of examining collective violence through methods of interpretation that include the psychodynamics of reification, “theft-enjoyment,” and cultural styles of the macabresque.
Human Development and the Political Subject
Authors: Weisband Edward
Published: October 2017

This chapter analyzes the etiologies of hatred. It explores psychic and emotional constructions of indifference, devoid of genuine passion. Such mentalized constructions of indifference partially result from secondary psychic representations. The alien self is described as a rival self-other captivated by mentalized constructions that prevent empathetic vision during mass atrocity. Sight becomes beholden to social fantasies that transform external realities into ghosts and internal apparitions perpetrators flail against. The analysis emphasizes the primacy of cultural influences. In so doing it outlines the concept of ego-ideal to show how cultural influences determine not what to desire, but rather discipline how to desire. Mimetic rivalry is understood through the conceptual lens of identicality and the fantasmatic tyranny of minor difference, comprised of political reifications functioning as supererogatory ideals. This chapter explores the relationship between aggressivity and narcissism and concludes by exploring semiotic initiation and entry into language and the Lacanian Symbolic.
Systematic Government Access to Private-Sector Data in Italy
Authors: Resta Giorgio
Published: October 2017

This chapter focuses on Italian law as it pertains to the variety of legal provisions relevant to data protection and the access to private-sector data by law enforcement. The relevant sources of law can include interpretations of constitutional provisions by the Italian courts, implementation of EU law in Italian law, and statutory provisions, in particular the Italian “Data Protection Code.” Special rules apply to data processing in specific sectors, in particular the judicial sector, law enforcement, and national security. Several statutes make a broad reporting of private-sector data mandatory. Legislation provides individuals with the opportunity to assert their rights either by filing a private lawsuit or by filing a complaint with the Italian Data Protection Authority.
Organizational Accountability, Government Use of Private-Sector Data, National Security, and Individual Privacy
Authors: Dempsey James X. , Cate Fred H. , Abrams Martin
Published: October 2017

Companies that collect personal data in the course of their business must be accountable for the safe and fair management of that data. The accountability of companies as data stewards extends to processing by their vendors and partners to whom data is disclosed, in a chain of accountability that can extend through multiple links. However, when a government entity demands that a company disclose data in its possession or control, the chain of accountability can be broken if government itself, shielded by secrecy, is not accountable. This chapter examines what companies can do to remain accountable in the face of government disclosure demands. In addition, it concludes that the principles and practices of accountability developed around the handling of personal information in commercial contexts are applicable within government agencies, including when demanding disclosure of data held by the private sector.
From Real-Time Intercepts to Stored Records
Authors: Swire Peter
Published: October 2017

This chapter describes technological changes that shift law enforcement and national security attention from traditional wiretap techniques to greater emphasis on access to stored records, particularly records stored in the cloud. This shift results from the growing use of encryption, the declining effectiveness of traditional wiretaps, and the new importance of the cloud. Section II describes the changing technology of wiretaps and government access, most notably the rise of the Internet. Section III documents the growing adoption of strong encryption in a wide and growing range of settings of interest to government agencies. Section IV explains how these technological trends create a major shift from real-time intercepts to stored records, especially in the cloud.
Politics of the Pantry
Authors: Twarog Emily E. LB.
Published: October 2017

This book examines the rise and fall of the American housewife as a political constituency group and explores the relationship between the domestic sphere and the formation of political identity. This book is a study of how women used institutions built on patriarchy and consumer capitalism to cultivate a political voice. Using a labor history lens, it places the home rather than the workplace at the center of the community, revealing new connections between labor, gender, and citizenship. Three periods of consumer upheaval anchor the narrative: the Depression-era meat boycott of 1935, the consumer coalitions of the New Deal and the rise of the Cold War, and the wave of consumer protests in the 1960s and 1970s. The book is framed around the lives of several key labor and consumer activists and their organizations in both urban and suburban areas—Detroit, Chicagoland, Long Island, and Los Angeles. The geographic diversity of these three periods allows for a national story about the influence of domestic politics between the New Deal and the election of Ronald Reagan and the emergence of the conservative right. Some of these women have appeared in other historical work in limited ways, while the remaining women are new to the literature of consumer activism. This book tells the story of these women as they enter the public sphere to protest the increasingly challenging task of feeding their families and balancing the household ledger.
The 1935 Meat Boycott and the Evolution of Domestic Politics
Authors: Twarog Emily E. LB.
Published: October 2017

This chapter opens in Hamtramck, Michigan during the Great Depression with the story of Mary Zuk, a working-class housewife who spearheaded a national boycott against the high cost of meat in 1935. This chapter considers the shift that working-class housewives began to experience during the 1930s as their involvement in cost of living protests, such as meat boycotts, led to a more sustained involvement in organized political action. With the exception of a handful of working-class women, this was a relatively new result of protest activity. It also marks a turning point in women’s activism as Zuk used her experience during the meat boycott to continue her activism rather than fall back into the shadows. After the end of the boycott, Zuk continued to organize and eventually launch a successful bid for Hamtramck city council.
Adam Smith
Authors: Schliesser Eric
Published: October 2017

This book treats Adam Smith as a systematic philosopher. Smith was a giant of the Scottish Enlightenment with polymath interests. The book explores Smith’s economics and ethics in light of his other commitments on the nature of knowledge, the theory of emotions, the theory of mind, his account of language, the nature of causation, and his views on methodology. It places Smith’s ideas in the context of a host of other philosophers, especially David Hume, Rousseau, and Isaac Newton; it draws on the reception of Smith’s ideas by Sophie de Grouchy, Mary Wollstonecraft, and other philosophers and economists to sketch the elements of and the detailed connections within Smith’s system. The book traces out Smith’s system and puts it in the context of his highly developed views on the norms that govern responsible speech. In particular, the book articulates Smith’s concerns with the impact of his public policy recommendations, especially on the least powerful in society. In so doing, the book offers new interpretations of Smith’s views on the invisible hand, Wealth of Nations, his treatment of virtue, the nature of freedom, the individual’s relationship to society, his account of the passions, the moral roles of religion, and his treatment of the role of mathematics in economics. While the book offers a single argument, it is organized in modular fashion and includes a helpful index; readers with a more focused interest in Smith’s achievements can skip ahead to the section of interest.
The Sympathetic Process and Judgments of Propriety
Authors: Schliesser Eric
Published: October 2017

This chapter describes Adam Smith’s views on sympathy and sympathetic judgment(s). It shows that the sympathetic process presupposes and crucially depends on counterfactual, causal reasoning. In particular the chapter argue for four related claims. The first is that according to Smith the sympathetic process depends on a type of causal reasoning that goes well beyond the kind of simulationist theory standardly attributed to him. The second is that the Smithian imagination in the sympathetic process works by way of counterfactual reasoning and that even the feelings we ought to feel as a consequence of the sympathetic process need not be actual, but counterfactual. The third is that Smithian agents are non-trivially understood as belonging to the causal order of nature. This chapter illustrates this third point through an extended digression on Smith’s views on moral luck (the piacular). Fourth, Smithian judgments of propriety are intrinsically judgments about the proportionality of causal relations.
Selfishness and Self-Centeredness
Authors: Ivanhoe Philip J.
Published: October 2017

This chapter develops and defends a morally and epistemically significant distinction between selfishness and self-centeredness and identifies various ways in which we can be one without being the other. For example, one can act altruistically but see such actions as a reflection of one’s own extraordinary character or generous nature, which is self-centered. The chapter explores the implications of the oneness view for altruism and self-interest, arguing that there are respects in which the dichotomy is preserved and respects in which it is not under various conceptions of oneness. It goes on to argue that a non-self-centered model of moral motivation has notable advantages over the self-sacrificial model. This offers an opportunity to reflect on the real causes of moral failure, which more often are a consequence of self-centeredness than a lack of moral knowledge or insight.
“Esoteric,” Mysteries, and Secrecy
Authors: Stone Michael E.
Published: October 2017

This chapter opens with the discussion of the meanings of the terms esoteric, secret, and mystery. First, recent definitions of esotericism by Faivre, von Stuckrad, Tiryakian, and Hanegraaf are examined and found wanting in the discussion of a Hellenistic–Roman esotericism. The discussion moves on to the Qumran terminology raz = mystery and how, in particular, Samuel Thomas’s attempts at definition and distinction do not yield ultimately adequate results. The conclusion is that the meaning of “esoteric” is given by social situation and function. A. de Jonge’s and Georg Simmel’s theories are discussed. Power is believed to be an outcome of the cultivation of secrecy. Secrecy, which is crucial to esotericism, is socially transmitted. Heavenly knowledge, esoteric tradition, and the place of religious experience in the acquisition of secrets are also discussed.
Spinoza on Reason
Authors: LeBuffe Michael
Published: October 2017

In metaphysics, Spinoza associates reasons with causes or explanations. He contends that there is a reason for whatever exists and whatever does not exist. In his account of the human mind, Spinoza makes reason a peculiarly powerful kind of idea and the only source of our knowledge of objects in experience. In his moral theory, Spinoza introduces dictates of reason, which are action-guiding prescriptions. In politics, Spinoza suggests that reason, with religion, motivates cooperation in society. Reason shapes Spinoza’s philosophy, and central debates about Spinoza—including his place in the history of philosophy and in the European Enlightenment—turn upon our understanding of these claims. Spinoza on Reason starts with striking claims in each of these areas drawn from Spinoza’s two great works, the Ethics and the Theological Political Treatise; the book takes each characterization of reason on its own terms, explaining the claims and their historical context. While acknowledging the striking variety of reason’s roles, this work emphasizes the extent to which these different doctrines build upon one another. The result is a rich understanding of the meaning and function of each claim and, in the book’s conclusion, a detailed and accurate account of the contribution of reason to the systematic coherence of Spinoza’s philosophy.
Novelty in ECtHR Case Law on Torture, But It Is Not Enough—Reopening Domestic Proceedings to End Impunity
Authors: Capaldo Giuliana Ziccardi
Published: October 2017

This editorial focuses on the violation of the jus cogens principle of non-impunity for acts of torture as occurred in the Cestaro v. Italy case, where the perpetrators went unpunished due to the statute of limitations. The Italian Supreme Court failed to apply this principle of global constitutional law. Nor did the ECtHR implement effective remedies against impunity. The author proposes reopening time-barred criminal proceedings as a useful tool against impunity to give full effect to ECtHR jurisprudence supporting the generally recognized principle of the non-applicability of statutory limitations to crimes against humanity.She stresses the need to enhance the effectiveness of the supervisory role of the ECtHR in ensuring the observance of jus cogens human rights principles—of which the ECHR “forms part”—through a unitary approach of courts to the fight against impunity based on an evolutionary interpretation of the Convention, which would provide more effective and integrated protection of such rights.
Normative Inconsistencies in the State System with Special Emphasis on International Law
Authors: Köchler Hans
Published: October 2017

A system of legal norms should be free of contradictions. The idea of justice is incompatible with an erratic interpretation and, subsequently, arbitrary application of norms. Systemic contradictions make actions by state authorities unpredictable. However, at the domestic as well as at the international level, considerations of power and interest have often made of the respective body of norms a “hermeneutical minefield.” The international legal order contains contradictions even between the most basic principles such as state sovereignty, self-determination and the rules of international humanitarian law. While, at the national level, the authority of constitutional courts may help to eliminate contradictions and inconsistencies, there exists, apart from limited regional arrangements, no such separation of powers at the international level. The article analyzes the systemic, destabilizing impact of normative contradictions in exemplary cases related to the interpretation of the UN Charter and the system of international humanitarian and international criminal law.
Globalising Security Law for a Globalised Arms Trade
Authors: Musa Shavana
Published: October 2017

The constant evolution of the ever-globalising arms trade has posed complex questions as to its regulation. This article attempts to address the question of whether globalising law and regulation of the arms trade is the answer, particularly given the rapid rate at which all aspects of this industry are evolving, its pluralistic character and the increasing authority that diverse involved actors have. It is the case that in the last few years, the global community has managed to agree to the Arms Trade Treaty (ATT). This shows a significant step in the global governance of an inherently global industry. In questioning whether and how global law for the arms trade can be shaped, this article also assesses the eventual ATT provisions and whether they adequately deal with the globalising elements of the arms industry.
Legal Maxims: Summaries and Extracts from Selected Case Law
Authors: Napoli Nadia , Tuosto Caterina
Published: October 2017

Prosecutor v. Vujadin Popović, Ljubiša Beara, Drago Nikolić, Radivoje Miletić, Vinko Pandurević, Case No. IT-05-88-A, Appeals Chamber, Judgement, 30 January 2015

Prosecutor v. Zdravko Tolimir, Case No. IT-05-88/2-A, Appeals Chamber, Judgement, 8 April 2015

Prosecutor v. Jovica Stanišić and Franko Simatović, Case No. IT-03-69-A, Appeals Chamber, Judgment, 9 December 2015...
Introductory Note
Authors: Seatzu Francesco
Published: October 2017

The year 2015 was characterized by some important development in the European Court of Justice’s (ECJ) case law as a whole, and in particular the case law on fundamental rights, citizenship, institutional issues, protection of personal data, and social policy and rights issues. Noteworthy is that the ECJ finally issued its landmark and long-awaited judgment in the Maximillian Schrems case that led to the invalidation of the ‘safe harbour’ system, namely, one of the mechanisms in the last fifteen years for personal data transfers from the European Union to US entities having voluntary self-certified under the US safe harbour framework.
Taxing the Church
Authors: Zelinsky Edward A.
Published: October 2017

This book explores the legal and tax policy issues that arise when churches and other religious institutions are taxed or exempted. Churches and other religious institutions are treated diversely by the federal and state tax systems. Sectarian institutions pay more tax than many believe. In important respects, the states differ among themselves in their respective approaches to the taxation of sectarian entities. Either taxing or exempting churches and other sectarian entities entangles church and state. The taxes to which churches are more frequently subject—federal Social Security and Medicare taxes, sales taxes, real estate conveyance taxes—fall on the less entangling end of the spectrum. The taxes from which religious institutions are exempt—general income taxes, value-based property taxes, unemployment taxes—are typically taxes with the greatest potential for church-state enforcement entanglement. It is unpersuasive to reflexively denounce the tax exemption of religious actors and institutions as a subsidy. Tax exemption can implement the secular, nonsubsidizing goal of minimizing church-state enforcement entanglement and thus be regarded as part of a normative tax base. Taxing the church or exempting the church involves often difficult trade-offs among competing and legitimate values. On balance, our federal system of decentralized legislation makes these legal and tax policy trade-offs reasonably, though there is room for improvement in particular settings.
Laws Regulating Publication, Speech, and Performance, 1645–1658
Authors: Ezell Margaret J. M.
Published: October 2017

With the abolition of the Star Chamber and the High Commission, unlicensed printers increased in number and the Stationers’ Company lost control of censorship. There was a marked increase in pamphlet publication during the war years. In 1647 Parliament passed an act for the licensing and suppression of illegal printed. The London commercial theatres had earlier been closed by Parliament but illicit performances continued, even when the theatres including the Phoenix and the Fortune were dismantled. Puritan Parliament also passed numerous laws attempting to control blasphemy and heresy, which involved members of several radical sects, including Ranters, Baptists, Seekers, and Quakers. Prophetic writers such as Arise Evans and Abiezer Coppe were imprisoned, and the public trials of Anna Trapnel and James Naylor were chronicled in publications.
Humphrey Moseley and London Literary Publishing: Making the Book, Image, and Word
Authors: Ezell Margaret J. M.
Published: October 2017

The London publisher Humphrey Moseley produced over 300 titles between 1645 and 1660, many of them by writers now considered to be the period’s leading literary figures, including works by Donne, Beaumont and Fletcher, John Milton, and many royalist poets. Moseley was part of a publishing practice that offered readers portraits of living contemporary writers. During this period readers could also purchase expensive folios with engraved illustrations, such as John Ogilby’s translation of Aesop’s Fables.
Hearing, Speaking, Writing: Religious Discourse from the Pulpit, among the Congregations, and from the Prophets
Authors: Ezell Margaret J. M.
Published: October 2017

During the Commonwealth period, Parliament ejected over 2000 Church of England clerics from their livings, and multiple new Protestant congregations were formed, bringing new styles of discourses of religion and spirituality. Ministers ejected from their parishes, such as Jeremy Taylor and Thomas Fuller, published ecclesiastical histories, books of devotion and meditation, and advice for enduring hardship. Protestant sectarians preached informed by the spirit rather than the university or ordination; such ‘mechanic preachers’ included John Bunyan and women such as Katherine Chidley, who led a London congregation. More radical sects such as the Fifth Monarchists preached the second coming of Christ, and prophets such as Anna Trapnel urged England to become a godly country for his return and judgment. The Quaker movement, begun by George Fox, gathered believers who challenged both social and religious hierarchies and customs, leading to their persecution and imprisonment.
1659–1660
Authors: Ezell Margaret J. M.
Published: October 2017

An overview of events following the death of Oliver Cromwell and the return of Charles II and his court from the Continent. Although John Milton continued to write urging the preservation of the Commonwealth, public opinion, as seen in the diaries of John Evelyn and Samuel Pepys, led the army to invite the return of the royal family. The literary response to Cromwell’s death which depicted him as a heroic general and leader of the Commonwealth soon changed to celebration of the royal family and the hypocrisy of Puritan rule. The theatres were reopened and two companies were granted patents; influenced by French theatres, companies now included professional women actors. The demand for new plays offered opportunities for writers. Fiction dealt with contemporary issues, using romance conventions to satirize.
Theatrical Entertainments Outside the London Commercial Playhouses: Smock Alley, Strollers, School Plays, and Private Performances
Authors: Ezell Margaret J. M.
Published: October 2017

In addition to London commercial theatres, audiences enjoyed dramatic performances performed by strolling companies at local fairs, provincial inns, and in private performance. Dublin’s theatre at Smock Alley offered recent and classical plays. In England, both boys’ and girls’ schools included original performances as part of their curriculum, including interludes and operas that were later done on the professional stage.
Foreign Parts: English Readers and Foreign Lands and Cultures
Authors: Ezell Margaret J. M.
Published: October 2017

An overview of the literature describing English encounters with foreign cultures, including captivity narratives from New England, the Barbary pirates, and encounters with Turks and the Ottoman Empire. Readers continued to enjoy travel narratives from earlier expeditions to China and Japan, which had established conventions of depicting the orient. Many of these volumes included engravings of exotic flora and fauna and native costumes.
Constructing Organizations: The Example of Public Sector Reform
Authors: Brunsson Nils
Published: October 2017

This chapter discusses the social construction of organizations and the way in which this is influenced by the theoretical concept of organization. It considers examples from recent publicsector reforms in several European countries, including Denmark, France, Germany, Great Britain, and Sweden, as well as in Australia and New Zealand. Constructing organizations involves the setting up or changing of entities in such a way that they come to resemble the general and abstract concept of organization. It is argued that traditional public services in many countries have lacked some of the key aspects of organization. They can be described, at the most, as conspicuously ‘incomplete’ organizations.
Organizational Reforms as Routines
Authors: Brunsson Nils
Published: October 2017

This chapter argues that organizational reforms are driven by problems to be addressed, by solutions to be applied, and by forgetfulness. The greater the supply of any of these factors, the more likely it is that reforms will occur. Without problems, reforms are difficult to justify; without solutions they cannot be formulated; and without forgetfulness there is a risk that people will be discouraged by the fact that similar reforms have been tried and have failed in the past. In contemporary large organizations, problems tend to be easily found. Those interested in selling solutions often try to supply problems as well — problems that can be solved by their solutions. Forgetfulness can be promoted by the use of consultants with limited experience of the implementation and long-term effects of reforms. Reforms are also self-referential; they tend to cause new reforms. Thus, reforms can be considered as routines: they are likely to be repeated over and over again.
Accessing Asylum in Europe
Authors: Moreno-Lax Violeta
Published: October 2017

This monograph examines the interface between extraterritorial border surveillance, migration management, and asylum seeking under EU law. The final goal is to determine the compatibility of pre-entry controls, carried out in the form of Schengen visas, carrier sanctions (with or without assistance from ILOs), and maritime interdiction, with the fundamental rights acquis of the EU, in particular the right to protection against refoulement, the right to asylum, and the rights to good administration and effective judicial protection enshrined in the Charter of Fundamental Rights. The conflictual assertion contained in Tampere and successor programmes that the Union shall remain ‘open’ to those seeking access to it in search of protection, but, at the same time, ‘counteract illegal immigration and cross-border crime’ provides the background to this research. The result has been an ambiguous regulation of access to EU territory for asylum purposes. Two sets of rules have developed simultaneously, which are difficult to reconcile: one set assimilates protection seekers to the generic category of ‘third-country nationals’ subject to Schengen admission criteria, with another set containing references to ‘special provisions’ applicable to exiles, leading to a situation where up to 90% of refugee arrivals occur through irregular (unsafe) channels, as smuggled or trafficked migrants. In these circumstances, elucidating the exact reach of EU international protection obligations and the articulation between EU border/pre-border norms and EU fundamental rights becomes essential. The monograph thus strives to determine the content of the specific responsibilities of the Member States in this context and establish their implications for the ‘integrated border management’ system the Union is committed to realise.
The Schengen Borders Code: Securitized Admission Criteria as the Centrepiece of Integrated Border Management—Instilling Ambiguity
Authors: Moreno-Lax Violeta
Published: October 2017

This chapter scrutinizes the rules on entry and pre-entry established by the Schengen Borders Code (SBC) that the other ‘integrated border management’ measures seek to implement. The Code constitutes a ‘common corpus of legislation’, providing the general regime that governs the movement of persons across EU borders. The chapter follows a methodology that is replicated in subsequent chapters of this part: It starts by setting out the origins of the instrument(s) concerned, covering the Schengen legacy, the Maastricht period, and developments post-Amsterdam. It then concentrates on the analysis of the legal provisions currently in force and the conditions they impose on entry and pre-entry generally, before engaging in the study of their particular impact on asylum seeker flows. The legal structure, specific content, and practical implementation of the measure(s) at hand are considered in detail, allowing for comprehensive assessments of their (legal and factual) effects on protection seekers’ access to EU territory.
Carrier Sanctions and ILOs: Anticipated Enforcement of Visa Requirements through ‘Imperfect Delegation’—Diverting Flows, Entrenching Unsafety
Authors: Moreno-Lax Violeta
Published: October 2017

Member States started adopting carrier liability regulations from the mid-1980s, seemingly as a direct response to increasing numbers of asylum requests, with immigration liaison officer (ILO) schemes proliferating afterwards. Techniques of ‘remote control’ have now been communautarised, providing an additional layer of control. Both carriers and ILOs have privileged access to migrants bound to the EU already at the pre-entry phase. Making them responsible for the anticipated enforcement of visas has the potential to block lines of regular (and safe) access to those in need of international protection. This chapter is concerned with these developments. It analyses carrier sanctions and ILOs legislation, comparing the EU regime with its international counterparts. The review encompasses the pre- and post-Schengen periods as well as recent innovations concerning the automated treatment and transfer of advance passenger information (API) and the creation of ‘Frontex liaison officers’. The impact of carrier sanctions and ILO activities on refugee flows is scrutinized at the end, pointing at a structural incompatibility of advance border enforcement, through a model of ‘imperfect delegation’/’hidden coercion’, with basic guarantees against denial of entry.
The Fundamental Rights Acquis: An ‘Integrative Approach’ to Interpretation—The ‘Aggregate Standards’ Model
Authors: Moreno-Lax Violeta
Published: October 2017

This chapter will catalogue the multiple ways in which human rights penetrate the EU legal order and the different functions they play qua (internalised/’Europeanised’) ‘fundamental rights’, both as standards of validity and as means of interpretation of EU acts. The main preoccupation is to identify the sources of fundamental rights obligations, retrace their origin and overall significance within the EU legal system, and determine the rules relevant to their interpretation and application. The ‘integrated’ or ‘cumulative standards’ approach will be developed against this background. According to this method, the precise level of protection that Charter rights afford will be determined by reference to Articles 52 and 53 thereof, taking the ECHR, other ‘international obligations common to the Member States’ (Recital 5 CFR), and any relevant ‘autonomous requirements’ of EU law into account. Drawing on post-Lisbon case law, it will be shown how any other approach fails to ensure compliance with all relevant requirements simultaneously. This technique will inform assessments in chapters of Part II.
EU Non-Refoulement: (The Irrelevance of) Territoriality and Pre-Border Controls
Authors: Moreno-Lax Violeta
Published: October 2017

This chapter identifies the content and scope of application of the EU prohibition of refoulement. Following the ‘cumulative standards’ approach, the analysis incorporates developments in international human rights law (IHRL) and international refugee law (IRL). Taking account of the prominent role of the ECHR and the Refugee Convention (CSR51) as sources of Article 19 CFR, these are the two main instruments taken in consideration. The scope of application of Articles 33 CSR51 and 3 ECHR will be identified in turns. Autonomous requirements of EU law will be determined by reference to the asylum acquis as interpreted by the CJEU. The main focus will be on the establishment of the territorial reach of EU non-refoulement. The idea that it may be territorially confined will be rejected. Drawing on the ‘Fransson paradigm’, a ‘functional’ understanding of the ‘implementation of EU law’ standard under Article 51 CFR will be put forward, as the decisive factor to determine applicability of Charter provisions. The implications of non-refoulement for the different measures of extraterritorial control considered in Part I will be delineated at the end.
Remedies, Procedural Guarantees (and the Unavoidability of Admission to Territory)
Authors: Moreno-Lax Violeta
Published: October 2017

The rights to asylum and to protection against refoulement, as per Chapters 8-9, entail both substantive and procedural components. This chapter scrutinizes the remedies and procedural safeguards attached to them, paying particular attention to the most relevant international provisions of refugee law and human rights protection. Article 16 CSR51; Articles 14(1), 2(3) and 7 ICCPR; Article 3 CAT; as well as Articles 6 and 13 ECHR are all scrutinized with the purpose of determining the content of the right to effective judicial protection in Article 47 CFR. On the basis of the ‘cumulative standards’ approach, it is concluded that fair trial and effective remedy guarantees are applicable in the context of pre-border controls, including the right to a hearing in person and to an appeal ‘with automatic suspensive effect’. In light of this, it is argued that inherent in a claim to international protection or in a plea of non-refoulement is an entitlement to provisional admission to the territory of the intercepting Member State for the purpose of such procedures as may be necessary to guarantee the effectiveness of the rights that protection seekers derive from EU law.
Linguistic Signs
Authors: Millikan Ruth Garrett
Published: October 2017

The semantic meaning of a linguistic form is its intentional content. Parts of sentence meaning that have traditionally been thought to be determined by speaker intentions—the resolution of ambiguity and vagueness, the reference of proper names, indexicals, demonstratives, and anaphors—are actually settled by public semantics. True descriptive language carries natural information that matches semantic content, so it can be understood by an interpreter in the same way that ordinary non-intentional infosigns are understood; no recognition of speaker intentions is required. But true descriptive language also carries much additional information the understanding of which is supplied by speakers and hearers from their own prior knowledge.
Development by imitation, 1839–1947
Authors: Toye John
Published: October 2017

Marx and Engels predicted that other countries would be forced to develop by European trade competition. This ignored the fact that some would first have to be opened up to trade by gunboat diplomacy and that imitation would be directed to building up military power. It also ignored the possibility that although the instruments of Western dominance could be copied, the attitudes and culture that was indigenous would be more resistant to change. The forces of resistance are explored in case studies of Japan, China, Russia, and India.
Development as take-off, 1950–75
Authors: Toye John
Published: October 2017

As a student, Walt Whitman Rostow resolved to write a riposte to Marxism. After studying British economic history, he identified a period of thirty years of rapid development as the core of an industrial revolution, which he thought was characteristic of all subsequent industrial revolutions. He used this idea of a take-off period to forecast future revolutions in developing countries that would lead to an American-style consumerist society. After advising President Johnson on a strategy for the failed Vietnam war, he resumed his academic career in the face of much criticism of his theory. Alternative interpretations of the British experience was offered by Simon Kuznets, and of the Continental experience by Alexander Gerschenkron, while Raul Prebisch and Latin American colleagues produced the radically different dependency approach to explain the underdevelopment of that region.