bluuebunny/crossref_metadata_2025 huggingface dataset:
A Values-based Approach
Authors: Daly Paul
Published: September 2021

This chapter introduces the means of achieving the three objectives of this book: to enhance the understanding, guide the future development and justify the core features of contemporary administrative law. First, the historical backdrop to the development, in recent decades, of general principles of administrative law is explained. Second, the four values which provide structure to the law of judicial review of administrative action are introduced: individual self-realisation, good administration, electoral legitimacy and decisional autonomy. Third, an explanation on how these values are used to interpret the core features of contemporary administrative law is given. Fourth, the chapter addresses the book’s comparative approach, justifying the choice of Australia, Canada, England, Ireland and New Zealand as its focus. Fifth, this chapter situates the book’s interpretivist approach, which relies on a plurality of values, in the existing scholarly literature on administrative law, noting that unlike others this book does not argue that there is one single meta-value, meta-principle or meta-concept around which the subject revolves. Lastly, this chapter provides an overview of the rest of this book.
Defending Administrative Law
Authors: Daly Paul
Published: September 2021

This concluding chapter has two objectives. First, to demonstrate the robustness of the interpretation of contemporary administrative law presented in the preceding chapters, underscoring how useful this interpretive analysis is to understanding the law of judicial review of administrative action and guiding its future development. Second, the chapter defends the legitimacy of the core features of judicial review of administrative action, as these have been developed over the years by judges. In achieving these two objectives, the chapter relies on the criteria for testing the robustness of legal theories set out by Professor Stephen Smith in Contract Theory: fit, transparency, coherence and morality. The interpretation of contemporary administrative law described in this book fits the decided cases, it is reasonably transparent, it is coherent and it rests on recognisably moral foundations. In short, to conclude, contemporary administrative law facilitates the flourishing of individuals, of public administration and of the liberal democratic system.
The Open Future: Introduction to a Classical Approach
Authors: Todd Patrick
Published: September 2021

In this introductory chapter, Patrick Todd introduces the core idea defended in this book—the idea that future contingents are all false. He clarifies what the book simply presupposes but does not defend, and then provides brief chapter-by-chapter summaries of the book.
Betting on the Open Future
Authors: Todd Patrick
Published: September 2021

A.N. Prior considered an objection to open future views, viz. that they are inconsistent with our ordinary practices of betting. Prior worried that, on open future views, if we bet on rain, and then it does rain, I could refuse to grant the payout on grounds that the proposition you bet was true was not true at the time of the bet. The author argues that this objection fails, by developing a picture of betting on which we are not betting on anything like current truth. He then considers the objection that his view is inconsistent with the idea that there are non-zero probabilities of future events; he argues that though our credence in a given future contingent proposition may be zero, the objective probability of the relevant event may nevertheless be high. The author develops a comparison between this view and parallel views about the probability of conditionals and probabilities in fictions.
Contingency in International Legal History
Authors: Painter Genevieve Renard
Published: September 2021

Why are international legal scholars abandoning international law’s structuralism and searching for contingent pasts and plural futures? And why now? I use a revisionist history of the Haudenosaunee Confederacy’s claims at the League of Nations to explain the current preoccupation with the contingency-necessity debate. First, putting international law ‘in context’ yields more contexts and more contingency. This puts pressure on what counts as law, an issue of existential concern for international law. The controversy over contextualising and the contingency it exposes express anxiety about the differentiation of international law. Second, international law comes with its own theory of history. The debate shows scholars are repudiating international law’s own structuralist progress narrative. Third, the contingency-necessity debate is politics dressed as methodology. Necessity stories give international law a future to fight for, whereas contingency stories leave it rudderless. The controversy shows that we, scholars, do not know what to do about international law’s present or future. The heat shows we wish we did.
An Enlarged Sense of Possibility for International Law
Authors: E Nijman Janne
Published: September 2021

This chapter explores the so-called ‘Turn to History’ in international legal scholarship. Interest in the intellectual history or ‘history of ideas’ of international law has surged around the last turn of the century. Nijman contextualises this development and stages three possible approaches of why and how to study ideas and theories of the past. A central proposition is that the field of ‘History and Theory of international Law’ ultimately aims to establish a dialogue between international legal thought then and now. In this way (and by employment of, eg, the Cambridge School method) a critical distance emerges with respect to our own international legal thinking and its underlying political and moral ideas. The meaning of international law ideas changes through time and use—in the study thereof lies the critical potential and value for our own thinking. As such, ‘doing history’ comes with what Quentin Skinner calls ‘an enlarged sense of possibility’. The chapter argues for a ‘doing history’ that liberates us from the hegemonic constraints that past thought and beliefs may place on our imagination. It builds on Roberto Mangabiera Unger’s image of ‘frozen politics’ and ‘false necessity’ to argue that change of our institutions is possible. In short, the chapter argues that doing history produces awareness of the contingency of received beliefs, values, and institutions, and as such produces a sense of possibility—and arguably—responsibility. It suggests/recognises a capacity to reimagine and act. It is transformative and empowers to establish (institutional) change and get our (global) act together. An empowerment we desperately need. The chapter ends by alluding at the change sought: Unger and Ricoeur are brought together in a brief argument for the reimagination of just institutions.
The Contingency of International Migration Law
Authors: Mégret Frédéric
Published: September 2021

This chapter reviews the complex contingency of international migration law. Freedom of movement was once the default position in international law, only to give way to a system that took it for granted that sovereignty entails the ability to restrict immigration. This startling transition is one that is largely forgotten and even at the time was hardly argued for, revealing an apparent case of ‘false necessity’ in which the law could seemingly have gone either way. In further prodding that transition, however, the chapter suggests that one should not fall into the trap of ‘false contingency’. The move to a concept of restrictive migration was, in fact, deeply conditioned by liberal international law’s obliviousness to its own imperial and racial biases. Understanding international law’s evolution requires us to understand how it absorbed imperial laws’ own experimentations with coerced and asymmetric mobility and the crumbling of Empires as spaces of imagined internal movement, notably as Southern bodies sought to move to the North. This can help us reexplore some of international law’s own earlier hesitations about transnational freedom of movement and develop an appreciation of how the flexibility of international legal discourse prepared the ground for exclusions to come. Reimagining the international law of migration would thus entail a radical reassessment of these imperial and racial biases.
Who Turned Multinational Corporations into Bearers of Human Rights?
Authors: Steininger Silvia , Bernstorff Jochen von
Published: September 2021

Who turned multinational corporations into bearers of human rights? This contribution analyses the recognition and transformation of the idea of legal persons as rights holders from a rather isolated and restricted phenomenon in some domestic contexts, into a broader and fully-fledged recognition of corporations as human rights bearers in international law. Throughout the last decades, the highly contested and by no means obvious recognition of corporations as independent right holders has become a salient discursive element in two fields of international law; international human rights law and international investment law. By inquiring into the role of historical contingency, we analyse the interplay between events and discursive structures that led to the creation of corporate human rights. We argue that this development can be traced back to three historical events post-1945: First, the inclusion of legal persons in the drafting process of the European Convention on Human Rights (ECHR) and its First Additional Protocol in the late 1940s. Secondly, the jurisprudence of the European Court of Human Rights (ECtHR), peaking in the 1980s, which effectively promoted and expanded corporate rights. Thirdly, the migration of corporate human rights into the realm of investment arbitration in the early 2000s. Ultimately, we situate this critical re-description of corporate human rights in the debate on counterfactual thinking and the problem of false contingency, asking the question whether an alternative course of events would have been possible.
From Situated Freedom to Plausible Worlds
Authors: Moyn Samuel
Published: September 2021

This volume has provided a potent reminder of the need for a cautious and intelligent embrace of contingency in explaining the past and framing hopes for the future of international law. The contingent, properly understood, is neither the utterly random nor the wholly determined. At its best, interest in contingency expresses a commitment to a theory of situated freedom: a desire to reach a proper sense of what options are available to us, neither conceding to the claims of unbending necessity nor pretending to an unbound and utopian sense of anarchic possibility that generally collapses into its opposite when it crashes into a recalcitrant world. The chapter closes with some thoughts about the scholarly uses of counterfactuality.
Deeper Decentralization, Fewer Women?
Authors: Johnson Martha C. , Muriaas Ragnhild , Clayton Amanda , Robinson Amanda Lea
Published: September 2021

Chapter 4 asks whether the decentralization of political power to the local level eases women’s entry into electoral politics. This study assesses the proposition that decentralizing power facilitates women’s political entry by comparing women’s nomination experiences in the local elections of Benin and Malawi. In Benin, consistent decentralization has expanded the power and political appeal of local councils, while in Malawi, halting decentralization had created relatively less powerful and less appealing councils. The authors argue that this difference in decentralization helps explain why women in Malawi have fared better in local elections than in Benin. They find that, as local bodies acquire more power, the cost and competitiveness of local elections increases and undermines women’s ability to secure a party nomination.
With Hands Tied
Authors: Gichohi Matthew
Published: September 2021

Chapter 5 examines Martha Karua’s 2013 run for Kenya’s presidency as the head of a political party. Drawing on extensive participant observation, field visits, and interviews, the chapter shows that Karua’s gender led people to question her capacity to mobilize patronage resources and serve as a reliable representative of her ethnic community. Her apparent lack of personal financial resources, alienation from the ruling party, and struggles to raise funds from other sources reinforced these biases. Lacking the financial resources and political access needed to win votes through clientelistic strategies, Karua chose to build on her reputation as a reformer and conduct a programmatic campaign. The chapter demonstrates, however, that this strategy failed in two respects: voters and potential campaign supporters did not respond en masse to her programmatic appeal; many candidates in her party disregarded the strategy, as they continued to rely on clientelistic tools to win over voters.
The Gender of Public Opinion
Authors: Faragher Megan
Published: September 2021

As contributors to Mass-Observation, Naomi Mitchison and Celia Fremlin emphasize the important, and often undervalued, role of qualitative analysis in the assessment of public opinion throughout their fiction. While the British Institute for Public Opinion often excluded women as both researchers and research subjects, Mass-Observation’s (M-O) structure was more open to input from women as both observers and subjects of observation. After she touted the political value of mathematics in her Greek-inspired short story collection The Delicate Fire, Mitchison uses her novel We Have Been Warned to imbue more skepticism about the egalitarian value of statistical analysis; the protagonist, Dione Galton, learns only too late that her own instincts about the rise of fascism in England, ventriloquized through the ghost Green Jean, were far more accurate than the polling cards she used to predict her husband’s eventual electoral defeat. Likewise, Celia Fremlin’s postwar novel, The Hours Before Dawn, validates the supposedly irrational fears of her protagonist, Louise Henderson, who must contend with patronizing experts in her effort to thwart the violent impulses of her new tenant Vera Brandon. Both novels, influenced by the authors’ experiences working for M-O, contend that quantitative analysis alone is insufficient to capture the complexity of women’s wartime experiences. This chapter argues that the contributions of M-O researchers and novelists like Fremlin and Mitchison present the possibility of a road untrodden in the history of social psychology research, as the fetishizaton of data over experience eventually drowned out the possibilities of more holistic and qualitative methods.
Divisions
Authors: Guglielmo Thomas A.
Published: September 2021

Divisions examines racism and resistance in America’s World War II military. The military built not one color line, but a complex tangle of them, involving every imaginable aspect of military life. Who served? Who fought? Who died? Who gave orders and who was forced to follow them? Who received the best ratings and jobs and pay and promotions? Who was court-martialed? Who received furloughs and leaves? Who received honorable or dishonorable discharges? Who ate at the officers’ club? Who danced at the post’s main recreation center? Who drank at the best pub in Cherbourg, France, or swam in the nicest pool in Calcutta? Color lines, which divided American troops in various configurations, often spoke definitively in all these matters and more. Taken together, they represented a sprawling structure of white supremacy and of African American, Japanese American, and other nonwhite subordination. Varied freedom struggles arose in response, democratizing portions of the wartime military and setting the postwar stage for its desegregation and for the flowering of civil rights movements beyond. But the costs of the military’s color lines were devastating. They impeded America’s war effort, undermined the nation’s Four Freedoms rhetoric, traumatized, even killed, an unknowable number of nonwhite troops, further naturalized the very concept of race, deepened many whites’ investments in white supremacy, especially anti-black racism, and further fractured the American people.
Introduction
Authors: Guglielmo Thomas A.
Published: September 2021

This introductory chapter outlines the book’s main arguments regarding its two primary themes -- racism and resistance. The military represented a sprawling structure of white supremacy and of African American, Japanese American, and other nonwhite subordination. And varied freedom struggles arose in response, democratizing portions of the wartime military and setting the postwar stage for its desegregation and for the flowering of civil rights movements beyond. The chapter also describes the book’s source base -- more than one hundred distinct archival collections, oral histories, published primary sources, and the vast secondary-source literature on World War II. It also discusses its key concepts, especially the terms division, color line, boundary, and divide. Finally, the chapter explains the particularities of the US military and the need for its long-overdue intensive study.
Separate Segregations
Authors: Guglielmo Thomas A.
Published: September 2021

Chapter 4 examines how the World War II–era military sometimes created descent-specific outfits other than “Negro” ones. At one time or another the army had a lengthy list of such units—made up of people of Austrian, Chinese, Filipino, Greek, Japanese, Mexican, Norwegian, Puerto Rican, and Native American ancestry. This nonblack troop segregation of sorts varied over time and according to numerous factors, including descent or “race,” location of induction, timing of induction, gender, and even foreign-language ability. How and which ancestries mattered most hinged on everything from the particulars of the war to long-standing military policy. Of all nonblacks, Japanese Americans faced the most extensive segregation during the war, but they fought it tenaciously, becoming increasingly integrated by war’s end.
The Boundaries of Blackness
Authors: Guglielmo Thomas A.
Published: September 2021

Chapter 5 examines struggles over inductees’ “proper” racial classification and placement in the segregated World War II–era US military. In millions of cases, classification was routine and uncontroversial. But in hundreds of cases—involving people who identified as everything from American Indian to Moorish American to white—men challenged their official race classification, or their placement in the segregated military, or both. The most heated and consequential of these challenges revolved around the meaning and membership of “colored” (a synonym for “Negro” or black)—not white. “Colored” people were by far the most thoroughly segregated and subjugated descent group in the US military, which meant that their race classification involved not just classification itself, but also assignment to “colored” outfits. Since membership in these outfits carried so many acute disadvantages, the stakes related to the “colored” category were unquestionably highest.
Deploying Jim Crow
Authors: Guglielmo Thomas A.
Published: September 2021

Chapter 8 explores what happened to the US military’s black-white lines as American troops moved overseas. On the one hand, the US military transplanted these lines all around the world. While not identical to those on the home front, they also took multiple forms, involving everything from jobs and dances to courts-martial and minstrel performances. They also stemmed from the military’s paradoxical goals of winning a war for democracy while at the same time protecting white supremacy. On the other hand, fully achieving this latter goal became more difficult overseas because of locals’ warm relations with black Americans, the black-white comradeship of some American GIs, and the activism of black troops. Taken together, these developments chipped away at the black-white divide. At war’s end, Jim Crow in uniform was far from dead, but it lay moderately wounded just the same.
Health System Fragmentation and the Syrian Conflict
Authors: Abbara Aula , Marzouk Manar , Mkhallalati Hala
Published: September 2021

This chapter takes the analysis of the politics of health care further by exploring the way in which Syrian health care fragmented during the civil war. It reviews how Syria’s health system has been devastated by a protracted conflict that has left it politicized and fragmented, with multiple subnational health systems functioning within the country’s borders. It also cites four health systems that have emerged as a result of various geopolitical, fiscal, and humanitarian drivers, making the case for increased collaboration among the various fragments of the Syrian health system. The chapter covers the evolution of the subnational health systems and factors influencing the delivery of health care across the country. It uses the COVID-19 pandemic as a lens to highlight crucial challenges for all Syrian health systems.
When Perceptions and Aspirations Clash
Authors: Chatty Dawn
Published: September 2021

This chapter talks about refugees crossing the borders into neighboring countries, which reveals a discrepancy between the reality on the ground and the standardized approaches taken by humanitarian actors. It cites Turkey as the country where the humanitarian presence was limited, and the Turkish state and civil society took the lead without the support of the United Nations High Commissioner for Refugees (UNHCR) in responding to refugee needs. It also argues that the refugee response in Turkey was provided without undermining refugee agency and dignity. The chapter emphasizes that global templates for humanitarian assistance built from experiences in very different contexts and among populations of significantly different makeup are not easily integrated into Middle Eastern concepts of refuge, hospitality, and charity. It criticizes the architecture of assistance that was built upon templates developed largely among agrarian and poor developing countries.
Naming and Shaming the Bombers
Authors: Hofman Michiel
Published: September 2021

This chapter recounts how Médecins Sans Frontières (MSF) failed to turn the tide against the attacks on hospitals through its approach of naming and shaming the perpetrators of hospital bombings. It speculates that the failure to stop the attacks was either caused by the way in which the international humanitarian law (IHL) is wired to provide exemption for warring parties or MSF’s inability to deliver consistent messages necessary to generate pressure on offending nations. It also mentions the Syrian government’s denial of assistance to the population and disrespect to the laws of war that centered the state as both perpetrator and aid responder. The chapter looks at the Syrian government’s ability to deny and allow access to services that served to amplify its control and project its sovereignty. It elaborates how the Syrian state centered its own sovereign control by being the focus of diplomatic efforts to ensure humanitarian access.
The Killing of Cabral
Authors: Tomás António
Published: September 2021

Having everything ready for the proclamation of Guinea’s independence, Cabral would not witness this moment. In January 1973, Cabral was tragically killed by his own men, as part of a coup against Cape Verdean leadership of PAIGC. The assassination of Cabral provoked commotion throughout the world. However, it did not prevented independence from taking place. Galvanized by the physical disappearance of Cabral, PAIGC fighters attacked Portuguese forces and proclaimed independence in September 1973. Disgruntled Portuguese military staged a successful coup d’état, known as the Carnation Revolution, that toppled Estado Novo.
Queen’s Idiolect
Authors: Braae Nick
Published: September 2021

This chapter documents the key characteristics of Queen’s idiolect as pertaining to harmonic gestures and structure, textural layers and the sound-box, and arrangement gestures. It is argued that the harmonic structures of Queen’s songs are defined through their consistent movement between tonic and dominant chords, which is embellished through rich chromatic gestures. The textures of Queen’s songs sit in one of five archetypal combinations involving piano, electric guitars, bass guitar, and drums, which are enhanced through vocals, lead guitars, synthesisers, and non-rock instruments. Queen’s sound-box structures are timbrally balanced and often present some form of dynamic movement of sounds in a virtual space. The different idiolect traits allow one to understand most of Queen’s songs either in terms of articulating a common compositional strategy (akin to a form of musical logic) or presenting sonic patterns that are like musical fingerprints.
Temporal Processes in Queen’s Large-Scale Songs
Authors: Braae Nick
Published: September 2021

Many of Queen’s episodic songs from the 1970s present unique structural templates, ranging from compound to through-composed forms, to irregular patterns of repetition. This chapter seeks to identify underlying principles across these diverse formal plans, using the concept of musical time—the nature of successive musical events across a song. It is argued that Queen’s large-scale songs tend to present multiple temporal states across different spans of the song. At a local level, phrases tend to be highly goal-directed; at sectional levels, the sense of goal orientation is weakened, while retaining the impression of musical momentum. At the ends of songs, there is often some form of reprise or musical arrival, which is undercut by gestures that resist the attainment of closure. Queen’s large-scale songs thus feel like an ongoing and continuous musical journey, often into unpredictable territory, and one which comes to a temporary halt, rather than a complete end.
Responsible Citizens, Irresponsible States
Authors: Pasternak Avia
Published: September 2021

International and domestic laws commonly hold states responsible for their wrongdoings. States pay compensation for their unjust wars, and reparations for their historical wrongdoings. Some argue that states should incur punitive damages for their international crimes. But there is a troubling aspect to these practices. States are corporate agents, composed of flesh and blood citizens. When the state uses the public purse to finance its corporate liabilities, the burden falls on these citizens, even if they protested against the state’s policies, did not know about them, or entirely lacked channels of political influence. How can this “distributive effect” of state-level responsibly be justified? The book develops an answer to this question, which revolves around citizens’ participation in their state. It argues that citizenship can be a type of massive collective action, where citizens willingly orient themselves around the authority of their state, and where state policies are the product of this collective action. While most ordinary citizens are not to blame for their participation in their state, they nevertheless ought to accept a share of the remedial obligations that flow from their state’s wrongful policies. However, the distributive effect cannot be justified in all states. Specifically, in (some) nondemocratic states most citizens are not participating in their state in the full sense, and should not pay for their state’s wrongdoings. This finding calls then for a revision of the way we hold states responsible in both the domestic and international levels.
Distributing Responsibility—State Compensation and State Punishment
Authors: Pasternak Avia
Published: September 2021

This chapter considers two implications for public international law of the model developed in chapter 5 for distributing state responsibility. First, it critically examines the landmark United Nations Compensation Commission, which extracted compensation from Iraq in the aftermath of the Gulf War. It shows that this scheme was not sufficiently sensitive to Iraq’s authoritarian regime characteristics and imposed unfair burdens on ordinary citizens. It then examines solutions that should have been used instead. Second, it assesses the implications for the idea of state punishment. Focusing on two influential justifications of punishment—the expressive view and the duties to victim’s view—it demonstrates how the proposed framework should shape the way we punish states.
Intentional Citizenship and Historical Wrongs
Authors: Pasternak Avia
Published: September 2021

Chapter 7 examines the problem of the distributive effect with regard to historical wrongdoings. It is commonly thought that present-day states have remedial obligations to the descendants of victims of their historical wrongs. But should present-day citizens pay for wrongs committed by their state in the past? The chapter examines how the intentional participation framework can address this challenge. It shows that citizens who are intentional participants in their state can be expected to accept a nonproportional share of the burdens of their state remedial responsibilities, even for historical wrongs that were committed before their lifetime. However, it also suggests that the state’s internal regime structure affects the scope of intentional citizenship in the state. As it shows, this restriction challenges the common view in public international law, according to which internal regime change does not affect the compensatory liabilities of a state for its past wrongdoings.
What Are the Foundations of an Integrated Approach to Teaching and Learning?
Authors: Longo Shawna
Published: September 2021

This chapter lays the foundation for an authentic integrated approach to learning. Music technology is a key component in most approaches that integrate STEM with Music. The connecting of multiple content areas through the arts, or music, can be used to increase teacher collaboration. The key areas of arts integration, STEM, STEAM, and how these can effectively and authentically exist together in the classroom to increase student engagement and connections to the content areas and concepts, are defined through a research-based and pragmatic approach. By incorporating the fundamental definitions and understandings posited by this chapter into one’s teaching students will be given opportunities to connect STEM concepts to the artistic processes.
The Bridge Connecting Silkworms to Mosquitos
Authors: Wiedenmann Robert N. , Fisher J. Ray
Published: September 2021

This chapter relates the history of sugar, a thread that links the Silk Roads, Portuguese sailors, Atlantic islands, endangered seals, the African slave trade, and yellow fever, all because of our physiological need for glucose, which we satisfy with sugar. The chapter tells how from its origin in Southeast Asia, sugarcane, later called “Creole cane” and processing technology moved along the Silk Roads to Western Asia, then to Mediterranean islands. To begin with, Portuguese colonists transformed the Atlantic island of Madeira into a large sugar producer using slave labor until ecological and economic collapse forced production to move to São Tomé, using Angolan slave labor. After Portugal discovered Brazil, colonists took sugarcane with them, creating large plantations and initiating the enslavement and trans-Atlantic movement of millions of Africans. As the chapter shows, sugar production moved into the Caribbean and Central America, and African slave ships inadvertently carried yellow fever and yellow fever mosquito to the Americas.
Text and Textualism
Authors: Thomas George
Published: September 2021

This chapter focuses on Justice Hugo Black, the most prominent modern advocate of constitutional textualism to sit on the Supreme Court, revealing the unwritten understandings that drive Black’s textualist jurisprudence. Justice Black was most famous for advocating that the Fourteenth Amendment applied to the Bill of Rights to the states. Black argued that the liberty protected by the due process clause included, and only included, rights enumerated in the Bill of Rights. Black was famous for his constitutional literalism, pointing to his pocket Constitution to ask where a right like “privacy” was found in the Constitution. Yet Black’s own interpretation relied on his desire to cabin and limit judicial will much more than on constitutional text. It was Black’s understanding of the role of the judiciary in a democracy—and not constitutional text—that drove his jurisprudence of incorporation.
Text and the Separation of Powers
Authors: Thomas George
Published: September 2021

The text of the Constitution points to the separation of powers in its first three articles, which outlines the three branches of government, but how we understand the nature of the different types of power and how they check one another turns on unwritten ideas and not on the constitutional text. This chapter turns to debates about executive power with regard to the president’s ability to remove officers within the executive branch, and how executive power is constructed in relation to legislative and judicial power based on unwritten ideas. The chapter then turns to the allocation of constitutional power regarding issues of war and peace within the separation of powers to illustrate that disputes about the war power, just like disputes about “the executive power,” turn on unwritten ideas. These debates have been with us since the founding, with remarkably little disagreement about constitutional text but profound disagreement on the unwritten concepts that underlie it.
Sustaining Democracy
Authors: Talisse Robert B.
Published: September 2021

Democracy is hard work. It can flourish only when citizens actively participate in the business of collective self-government. Yet political participation gives rise to deep political divides over core political values. In the midst of these divisions, citizens are required to recognize one another as political equals, as fellow participants who are entitled to an equal share of political power. Research shows that political engagement exposes citizens to forces that erode their capacities to regard their political opponents as their equals. In the course of democratic participation, we come to see our opponents as inept and ill-motivated, ultimately unfit for democracy. This tendency is especially pronounced among those who are the most politically active. Democratic citizenship thus can undermine itself. With this conflict at the heart of democratic citizenship, we must actively pursue justice while also treating those who embrace injustice as our equals. Sustaining Democracy navigates this conflict. It begins by exploring partisanship and polarization, the two mechanisms by which citizens come to regard their opponents as unsuited for democracy. It then proposes strategies by which citizens can mitigate these forces without dampening their political commitments. As it turns out, the same forces that lead us to scorn our opponents can also undermine and fracture our political alliances. If we are concerned to further justice, we need to uphold civil relations with our opponents, even when we despise their political views. If we want to preserve our political friendships, we must sustain democracy with our foes.
Democracy as a Society of Equals
Authors: Talisse Robert B.
Published: September 2021

Democracy is many things: a system of government, a procedure for making decisions, a set of institutions, and so on. But democracy is also a moral idea. It is the idea that a relatively just, decent, and stable society is possible in the absence of kings and nobility. It is the idea of a society of self-governing equals. That democratic citizens are political equals means that they must regard one another in certain ways. This chapter spells out a conception of the ethos of democratic citizenship, a collection of duties and virtues that apply to citizens. Ultimately, it defends the idea of democracy as a practical ideal, the aspiration for a society that is governed by its citizens.
Why Sustain Democracy?
Authors: Talisse Robert B.
Published: September 2021

This chapter formulates the central problem of the book: the democrat’s dilemma. The dilemma emerges from a conflict between two directives of citizenship: first, citizens must politically participate on behalf of their best judgments of what justice requires, and second, citizens must treat one another as equals. But when we disagree about politics, we see those who oppose us as not merely wrong about the issue at hand, but in the wrong. We see our opposition as devoted to a mistaken vision of justice, and thus as advocating injustice. So why treat them as our equals? Why uphold the democratic requirement to acknowledge them as entitled to an equal say? Why not instead seek simply to defeat them politically? In short, why sustain democracy in our interactions with them? This chapter argues that there are often quite compelling reasons for citizens to suspend democracy. Thus, sustaining democracy is a challenge.
Epilogue
Authors: Talisse Robert B.
Published: September 2021

This Epilogue encapsulates the main thread of the book and reflects on the current state of US politics. In order to sustain democratic relations with our allies, we need also to sustain democratic relations with at least some of our opponents, even though we may see them as obstacles to achieving justice. Sustaining democracy with political opponents is not easy, as current conditions in the United States and elsewhere amply demonstrate. Yet this book does not attempt to provide a blueprint for saving democracy. It only aspires to demonstrate that the project of restoring democracy is in part a task within each citizen to manage psychological and cognitive forces that impede the democratic ethos.
“The Great Part of It Was Stolen”
Authors: Steward Gary L.
Published: September 2021

This chapter analyzes the justification of political resistance provided to the founding generation by Boston Congregationalist minister Jonathan Mayhew. Mayhew’s arguments made in 1750 influenced John Adams and a number who were active participants in the American Revolution. The source and context of Mayhew’s arguments is considered, first in light of eighteenth-century discussions in Britain, and then in light of the Protestant theological tradition. This chapter argues that Mayhew’s thought on the question of political resistance did not deviate from his inherited Protestant tradition. It is best understood as a renewed assertion of views found commonly within Reformed Protestantism, going back to at least the sixteenth century. Although Mayhew embraced unorthodox theology in other areas, he shared his views on political resistance with a number of more conservative clergymen who were united in their long-standing opposition to the claims of the Stuart absolutists.
“One of the Best Causes of the World”
Authors: Steward Gary L.
Published: September 2021

This chapter discusses the views of British clergymen regarding the doctrine of political resistance and American resistance activities in the 1760s and 1770s. The perspective of the British clergy provides important context for understanding the American clergy’s arguments in this period. Many British clergymen affirmed the doctrine of political resistance and sympathized with the American cause. The existence of a robust British resistance tradition calls into question those who would understand the political resistance thought of the period to be something uniquely American. While John Wesley believed the American colonists were in the wrong to resist their British authorities, his Tory views were not shared by a number of evangelical clergymen in England and were by no means representative of the evangelical perspective of the issue. When the American clergy deviated from Wesley on this question of resistance, they were not deviating from British evangelicals in general.
Introduction
Authors: Jarow E. H. Rick
Published: September 2021

This chapter makes a case for the study of the Meghadūta within the study of world literature and literary visions of the environment. It discusses the sensibilities of classical Indian poetry (kāvya) and gives an overview of the history of studies of Indian poetry in the West. The next section summarizes the plot and structure of the Meghadūta, Kālidāsa’s celebrated lyric poem about the imagined journey of a cloud through the landscape of India to deliver a message from the protagonist (Yaksha) to his absent beloved. The “tantric sensibility” of the text is discussed along with the importance of the poem’s vision of the natural world.
The Meghadūta of Kālidāsa
Authors: Jarow E. H. Rick
Published: September 2021

This chapter offers a verse by verse translation of the Meghadūta, which is at once poetic and scrupulously accurate. The translation highlights the landscapes visited by the Cloud, their mytho-historical significance, and the fluid blending of language, image, feeling, and form. The entire journey is taken over the pathos of loss, which accounts for the gently stepping meter of the poem that was said by Sanskrit poeticians to be suitable for “love in separation” and was equated with certain landscapes and seasons of the year. Footnotes are provided that explain names, place, and other references in the poem that may be unfamiliar to an English reader.
Meteorology and Metaphor
Authors: Jarow E. H. Rick
Published: September 2021

Chapter seven explores the Meghadūta’s ability to depict figurative scenes that are simultaneously accurate in their description of the natural world. Nature is not seen as a backdrop to the human drama, but as an integral part of it. The dynamics of Kālidasa’s landscape are compared to the verses of William Blake and the landscapes of Henry David Thoreau and Ann Dillard. The “fulcrum of loka” (meaning both “place” and “people” in Sanskrit) shows just how multivalent the landscape of the Meghadūta is. Examples are given, as in the Cloud’s visit to the divine abode of Śiva, in which the trees are upraised arms, and the red twilight hue makes the Cloud (thundering as a drum) resemble the god’s red elephant hide drum.
Climate Change and Growth
Authors: Heath Joseph
Published: September 2021

Many philosophers believe that we owe it to future generations to prevent significant anthropogenic climate change, and yet do not think that we owe them the benefits of a growing economy. The problem with this view is that under all of the most probable scenarios, the benefits that we could be providing to future generations through ongoing economic growth are enormous, relative to the costs that will be imposed upon them by climate change. As a result, if we are under no obligation to maximize growth—indeed, if we are permitted to pass along to future generations an economy that will permit them to achieve a standard of living no greater than what we enjoy now—then by far the least costly course of action for us is to let climate change occur, then compensate future generations for the impact by making resources available to them to cover the costs of adaptation.
The Case for Carbon Pricing
Authors: Heath Joseph
Published: September 2021

When it comes to responding to the problem of anthropogenic climate change, the overwhelming preference among policy experts is for a system of carbon pricing. This is normally justified on the grounds that it maximizes the welfare of future generations. The objective of this chapter is to provide a philosophical defense of carbon pricing based instead on contractualist foundations. The central claim is that the negative externality of greenhouse gas emissions violates a reciprocity condition that is a central normative constraint in the system of cooperation in our society. A system of carbon taxation is recommended on the grounds that it addresses this externality problem more directly than any other policy alternative. The merits of such a regime are illustrated using the example of agricultural production and the carbon emissions associated with food supply.
The Siberian Odyssey of a Zagorje Corporal
Authors: Klinger William , Kuljiš Denis
Published: September 2021

This chapter introduces Marshal Tito, who was born and raised in the Croatian village of Kumrovec and joined the Communist Party of Yugoslavia (CPY) as a worker in Kraljevica Shipyard in 1925. It describes Tito's personal history as a closely guarded secret, noting that the state he ruled while he was in power took care of it. It also tells Tito's story as a cryptic man who emerged from the Balkan mists and became one of the key protagonists of the modern history of Europe and the world. The chapter recounts Tito's earliest years in the village of Podsreda in Slovenia, on the fief of the Austrian princely family Windisch-Graetz. It cites Tito's time in Slovenia with his grandfather as his most cherished childhood memory.
Proletarian Georgijević
Authors: Klinger William , Kuljiš Denis
Published: September 2021

This chapter demonstrates the transformation of the Soviet apparatus from a secret network, paving the way for the revolutionary onslaught of the Red Army to a classic agent network integrated in communist parties. It looks at a memo sent by Vasa Lazarević's Department for State Security to the Zagreb County authorities on 25 September 1925, which contains precious information on their Balkan activities. It also reviews Marshal Tito's employment record in Zagreb and connection with “Red Unions” and Red Aid (MOPR) that were merely a front for the intelligence and subversive apparatus. The chapter reviews Tito's assignment to Kraljevica, the neighboring port city of Rijeka and the most important revolutionary center in the Adriatic. It mentions the Bulgarian pro-communist Internal Macedonian Revolutionary Organization (VMRO), which was conducting field training for revolutionary cadres.
The Defeat
Authors: Klinger William , Kuljiš Denis
Published: September 2021

This chapter cites the military conference in Stolice, in which the participants in attendance formed the wartime political leadership that was to command armies and the revolution in the Balkans. It tells of the mop-up operation that started in the northern Serbian province of Mačva, where 2,000 people were shot and more than 20,000 were deported to the Reich. It also recalls the mass executions that took place in the centrally located Kragujevac, in which many civilians perished, including students and professors of a high school. The chapter talks about the armed conflict between Partisans and Chetniks that flared up in Užice, which turned their cohabitation into an open clash. It explores Marshal Tito's information to Moscow about his evidence that General Mihailović has been overtly collaborating with the Germans.
The Castle of Lead
Authors: Klinger William , Kuljiš Denis
Published: September 2021

This chapter mentions Field Marshal Alexander, Supreme Allied commander of the Mediterranean Theater of Operations, who was sent by Winston Churchill to find out Marshal Tito's intentions in Italy. It details how Tito showed Alexander the dispositions on the stationary Stem Front while concealing his far-reaching initiative on both sides of the Adriatic. It also explains Alexander's requirement for a land corridor for advancing from Trieste to Vienna, suggesting Anglo-American occupation of all the areas west of the Italian–Yugoslav prewar border. The chapter analyzes Tito's offer that Churchill's army may use the Ljubljana Gate passing across Yugoslav territory, but in return he wanted his own occupation zone in Austria. It describes Tito as someone who was hard to out-bluff as he was never impressed with force unless an imminent threat was involved.
What Is Adaptive Agency?
Authors: Valmisa Mercedes
Published: September 2021

Chapter 1 provides an illustrated guide to the Chinese philosophy of adapting, covering the following seven core aspects: (1) the design of strategies ad hoc, (2) the lack of constant standards to select the right course of action, (3) the difference between constitutive standards and structural goals, (4) the radical question: how to act in a world without standards, (5) adapting as a procedural meta-model of action, (6) how to train in adaptability, and (7) how masters educated others in adaptive agency. Both manuscripts and received texts are used to provide illustrations for these claims, including Analects, Han Feizi, Zhuangzi, Lü‎shi Chunqiu, and the Mawangdui Wu ze you xing tu manuscript.