bluuebunny/crossref_metadata_2025 huggingface dataset:
The Debate over the Fiscalization of the US Federal Government
Authors: Woźniakowski Tomasz P.
Published: December 2022

The third chapter demonstrates how the process of fiscalization emerged in the USA, and that quasi-regulation was a dominant feature of its fiscal integration up to the moment when a threat changed the political dynamics and triggered a paradigm shift (i.e. a shift in the instrument of integration—from regulation to fiscalization) in the form of the federal power to tax. The Constitution was ratified in all thirteen states and this process was accompanied by vigorous debate, with a large number of pamphlets, letters etc., in addition to the debates during the ratification conventions. The aim of this section is to demonstrate the main arguments regarding the federal power to tax used by both Federalists and Anti-Federalists during the ratification process in 1787–88, with the exception of its positive consequences which were examined in Chapter 2. The empirical investigation confirmed the main hypothesis, that it was a perceived threat that led to the fiscalization of the federal government. In particular, the section on the negative consequences of the requisition system provided a number of arguments relating to a threat. For instance, it was argued that the system based on states’ contributions to the central budget would lead to the dissolution of the Union; that the states would constantly negotiate the level of their contribution; and that the coercion of the states to pay their fair share (in the case of non-compliance) might even lead to civil war. Although the threat factor was not limited to this group of arguments.
Statistical Modeling
Authors: Inchausti Pablo
Published: December 2022

This chapter presents statistical models as relations between the parameters of a probability distribution and explanatory variables. It discusses the historical origins of probability, stemming from the works of Fermat, Pascal, Bernoulli, and Laplace; contrasts the early dichotomy between aleatory (“objective”) and epistemic (“subjective”) probability; and gives a quick historical tour linking probability theory with statistics. It discusses the early Bayesian demise associated with the enshrining of the frequentist framework in the 1930s, and the recent Bayesian revival in the 1990s.
The General Linear Model II
Authors: Inchausti Pablo
Published: December 2022

This chapter extends the general linear model for response variables with a normal distribution to categorical explanatory variables. It explains the t-test as a simple linear regression, and discusses single-factor analysis of variance as a multiple regression on a categorical explanatory variable. It illustrates the partitioning of variation in the analysis of variance and the F-test. It then provides a thorough discussion of the need for multiplicity corrections in the a posteriori testing of means in the frequentist and Bayesian frameworks. All statistical models are fitted in both the frequentist and Bayesian frameworks.
Experimental Design in the Life Sciences
Authors: Inchausti Pablo
Published: December 2022

This chapter discusses the basic principles underlying experimental design: replication, randomization, and blocking. It differentiates experimental from survey designs, and discusses five of the most frequently used experimental designs in the life sciences: factorial, randomized blocks, repeated measures, crossover, split-plot, and nested designs. For each experimental design, it highlights the underlying assumptions, the application, and the structure of the data set. For each design, we show how to include the structure or restrictions in randomization imposed by experimental and survey designs as random (group-level) effects in mixed/hierarchical models.
Modern Irish and Scottish Literature
Authors: Barlow Richard Alan
Published: December 2022

Modern Irish and Scottish Literature: Connections, Contrasts, Celticisms examines the various ways Irish and Scottish literatures have influenced each other from the 1760s to the contemporary era. By studying work in a variety of genres from figures such as James Macpherson, Walter Scott, Sydney Owenson, Augusta Gregory, W.B. Yeats, Fiona Macleod/William Sharp, James Joyce, Samuel Beckett, Hugh MacDiarmid, Sorley MacLean, and Seamus Heaney in their respective political and cultural contexts, Modern Irish and Scottish Literature also provides a new account of the characteristics and phases of literary Celticism within Romanticism, the Celtic Revivals of Ireland and Scotland, Modernism, and beyond.
Heaney, the North, and Scotland
Authors: Barlow Richard Alan
Published: December 2022

Chapter 5 studies the importance of Scotland and Scottish culture in Seamus Heaney’s work, particularly Sweeney Astray: A Version from the Irish (1983). The chapter explores the ways Sweeney Astray emphasizes Scottish-Irish connections as part of a north-eastern focus in the text, in contrast to the attention paid to the west of Ireland in much modern Irish poetry. As this chapter discusses, this is part of an attempt by Heaney to create a work that could appeal to both communities in the north of Ireland during the Troubles. This chapter also categorizes Sweeney Astray as a kind of contemporary eco-Celticism, where the realities of nature and the ‘Celtic world’ are represented without Celtic Revival ‘Hibernian’ or ‘Kiltartan’ language. However, this chapter also argues that this text shares certain characteristics with the Revival era, and should be considered a work of ‘late Celticism’. Special attention is paid in this chapter to the relationship between Heaney’s text and his source, J.G. O’Keeffe’s 1903 translation of Buile Shuibhne.
Conclusion
Authors: Barlow Richard Alan
Published: December 2022

The conclusion of Modern Irish and Scottish Literature provides a summary of the main links between modern Irish and Scottish writing covered in the book, with sections on James Macpherson, Walter Scott, Sydney Owenson, W.B. Yeats, William Sharp/Fiona Macleod, Augusta Gregory, James Joyce, Samuel Beckett, Hugh MacDiarmid, and Seamus Heaney. The conclusion also explores the development of Celticism in its early and late phases and offers analysis on the different characteristics of the two phases. Finally, the conclusion discusses modern Irish and Scottish literatures within their different national political contexts.
Epilogue
Authors: Burke Mary M.
Published: December 2022

The Epilogue turns to the Gothic cultural afterlives of the new and uncontestably white Catholic-Irish power elite in the 1960s and beyond. Gothic incorporates new aristocracies as they arise, and this iteration, which includes the Jacqueline Bouvier-associated documentary Grey Gardens (1975), is termed ‘Kennedy Gothic’. Cultural and journalistic portrayals of the Kennedys encompass two distinct interpretations that generally break down along party lines. However, in both iterations the dynasty is enmeshed with the terror and violence with which Gothic has always been concerned. Liberals and Democrats held that Kennedy family members were themselves the innocent victims of sinister conspiracies, while for conservatives and Irish-American voters abandoning hereditary Democratic Party allegiance, ‘America’s royals’ personified the moral decay at the heart of power, an abiding theme of Gothic. This latter narrative was also entangled with conservative Irish America’s often-negative response to the Kennedy brothers’ Civil Rights agenda. In the age of Black Lives Matter, the Gothicizing of Biden as a Kennedy-era ‘revenant’ does not bode well for the pact that the earlier administration attempted to forge between progressive politics and Irish America.
Fair play in the 20th century and beyond
Authors: Duke-Evans Jonathan
Published: December 2022

References to “fair play” reached their 20th-century peak in 1942 before a decline set in until the mid-1980s, followed by a levelling-off until the present day. Statements that fair play is an English or British trait continued to rise until about 1950. Fair play was hugely influential in British publicity during the First World War. But the note of scepticism or even ridicule becomes more insistent over the 20th century: many writers asserted that a particular situation belied the English or British reputation for fair play, but an increasing number questioned whether that reputation had ever been justified. The massive rise in media coverage of spectator sport came to dominate media references to fair play by the end of the century. By this time, too, “fair play” often meant little more than a vague expression of good will. At the start of the 21st century the debate on British identity heralded a new interest in the contemporary relevance of the idea of fair play, showing a remarkable official consensus that it was indeed a defining national characteristic. It was only in the later 20th century that researchers began systematically collecting information about personal standards of fair play. The available studies suggest that British people are hardly better than average when confronted with situations which require them to make decisions as to whether to act honestly. But in public life—particularly law and broadcasting, but also in professional sport—expectations rightly remain high.
Introduction
Authors: Robson Jon
Published: December 2022

This introduction provides some background concerning the nature and scope of the aesthetic testimony debate. It begins by discussing some general issues regarding testimony before focusing in on the controversy within aesthetics. It then surveys the history of pessimism concerning aesthetic testimony and differentiates the pessimist’s view from the oft-discussed claim that legitimate aesthetic judgements can’t be based on inferences from the non-aesthetic properties of a work. I finish by discussing some motivations for focusing on the debate concerning aesthetic testimony and by outlining the structure of this work.
A Promiscuous Generation
Authors: Friedlander Ari
Published: December 2022

This chapter analyzes the imagined outcome of the supposed excessive sexuality of rogues, namely their unchecked reproduction. Reproduction plays a crucial role in the development of the discourses and practices of modern biopolitical governance, including the surveillance of labor in the budding welfare state and the first attempts at statistical demography. Rogue literature, chorographies, bestiaries, moralist writings, and sermons testify to rogues’ fecundity, while their ever-growing numbers become the source of their social threat. This threat shapes the role of labor in two developments central to the modern nation state: the poor laws and the emerging science of “political arithmetic.” Two very different kinds of texts prove illuminating here: an anonymously authored legal guide to the administration of the Elizabethan poor laws, An Ease for Overseers of the Poor (1601), and John Graunt’s Observations on the Bills of Mortality (1662), in which he invents statistical demography. These authors’ keen desire to manage early modern England’s laboring population suggests that repression of rogue sexual reproduction was a motivating factor in the early moments of modern biopolitical thought. As a consequence, it is argued, theories of biopolitics need to be reconfigured to take into account not just an earlier chronology, but also a different politics, one centered on the dynamic intersection of labor, class, and sexuality.
Rogue Sexuality’s Afterlives, or Milton’s Charitable Divorce and the Rise of Companionate Marriage
Authors: Friedlander Ari
Published: December 2022

This chapter ties the matter of biopolitics to that of socio-sexual identity, arguing for their dual centrality in mid-seventeenth-century debates over that which might initially seem most different from it, companionate marriage. The chapter contends that rogue sexuality offers a template for marriage organized around desire rather than socioeconomic advantage, bringing the often-overlooked category of lower social status into the histories of early modern marriage and sexuality. I then turn to John Milton’s divorce tracts (1643–5) and Paradise Lost (1667, 1674), arguing that Milton’s radical theory of divorce appropriates rogue marriage in arguing for the legitimacy of temporary marriage based on affinity, but does so in order to render marital sexuality the property of the socially elite. Moreover, I argue that Milton uses rogue sexuality to manipulate readerly desire during his celebration of marital sexuality in Paradise Lost. The chapter thus shows how the different elements of rogue sexuality—identity and appropriation; reproduction and biopolitics; fantasy and metarepresentation—collide to help shape companionate marriage, one of the early modern period’s most enduring legacies, and a central node of modern biopolitical governance.
On the Surface
Authors: Butler Shane
Published: December 2022

An extensive introduction explains the book’s debt to a wide range of thinkers and theorists, including Roland Barthes, Michel Foucault, Gilles Deleuze, Félix Guattari, Bruno Latour, Eve Kosovsky Sedgwick, Louise Fradenburg, Carla Freccero, Carolyn Dinshaw, Lee Edelman, Jonathan Goldberg, Madhavi Menon, Jack Halberstam, Sara Ahmed, Valerie Traub, and Jane Bennett. In particular, it sets forth the book’s relationship to such theoretical rubrics as the assemblage and rhizome, actor-network theory, queer unhistoricism, and queer phenomenology. To this end, it briefly compares Symonds to writers such as Walt Whitman and Henry James. Above all, it explains the central importance of touch to the book’s approach and culminates in a list of ways in which the book will be “on” the surface.
Dante’s Mask
Authors: Butler Shane
Published: December 2022

An early adopter of photographic technology, Symonds included an albumen print of a plaster cast of Dante’s purported death-mask as the frontispiece to his first published book, An Introduction to the Study of Dante (1872). This strange image provides an entrance into Symonds’s reading of The Divine Comedy as a complex allegory of surface and depth. Also considered are Symonds’s relationship to his father, the early reception of photography as a medium that was both tactile and visual, Symonds’s own collection of and posing for photographs, mystical and conspiratorial readings of Dante in the nineteenth century, utopian strands in Symonds’s poetry and travel writings, and his thoughts about the tuberculosis that periodically debilitated him.
Homer’s Deep
Authors: Butler Shane
Published: December 2022

As a young scholar and writer still living in his birthplace of Bristol, Symonds looked back to ancient Greece in order to look forward to the liberation of “unspeakable” love. It is shown that the key to this act of imagination lay less in what Symonds came to know about the past than in what his sources resolutely failed to clarify. Homosexuality, in Symonds’s complex formulation, emerges as an idea neither entirely old nor entirely new but, rather, as one networked across time. This chapter considers the early lectures Symonds was hired to give to boys in their final year at Clifton College, which later saw publication in journals and, eventually, in two volumes of collected Studies of the Greek Poets. It also explores Symonds’s reconstruction of ancient pederasty in A Problem in Greek Ethics, drafted at the same time and later privately printed and circulated.
Symonds’s Renaissance
Authors: Butler Shane
Published: December 2022

Symonds’s work on the “Renaissance,” still a relatively new term in his day, began with a prize-winning essay when he was a student at Oxford but blossomed in his monumental Renaissance in Italy, the seven volumes of which first appeared between 1875 and 1886. Among the work’s influences were Symonds’s extensive reading of the works of Hegel and his interaction with contemporary neo-Hegelians at Oxford and elsewhere. This chapter offers a fresh look at the work and especially at the Hegelian shape of its art criticism, already the object of close attention in an important study by Whitney Davis. Where Davis posits a search by Symonds for a Kantian community of shared taste (in this case for homoerotic art), this chapter finds a stronger motivation in more general questions of sensuous experience and artistic matter. Consideration of Symonds’s celebration of the Apoxyomenos suggests distinctly queer stakes for both touch and aesthetic “tact.”
Sex Scenes
Authors: Butler Shane
Published: December 2022

London, where Symonds lived during his soon abandoned legal career and to which he often had occasion to return, provided ample opportunities for sexual encounters. Four such episodes, recounted in the Memoirs, help us to map the topographies, both real and fantastical, across which Symonds pursued his desires; they also provide crucial evidence of the Victorian city’s sexual underground. It has become common to read these somewhat artful accounts, which often do not progress beyond preliminaries, as a reluctance by Symonds either to act at the time or to admit having done so in retrospect. But a closer look reveals instead a richly promiscuous understanding of what queer contact is and does.
Misanthropy for a Polite Age?
Authors: Harris Joseph
Published: December 2022

This chapter turns to the period’s second canonical misanthrope, Alceste in Molière’s 1666 comedy Le Misanthrope. Unlike Timon, who leaves Athens almost immediately upon turning misanthropic, Alceste stubbornly remains for the duration of the play within a society whose flattery and insincerity he claims to loathe. He attempts to play the role of the uncompromisingly frank ‘plain dealer’, even welcoming his reputation as a figure of public mockery as proof he is right. By stressing Alceste’s hypocritical dependence for his self-image on the wider society he scorns, Molière turns his misanthropy into a source of comedy, while simultaneously undermining the foundations of his audience’s own laughter. This chapter explores Alceste’s complex reliance on other people as his implied audience, as well as the various social forces underpinning his unexpected love for society’s darling Célimène.
Risible Animals
Authors: Harris Joseph
Published: December 2022

Resisting the stereotype of the misanthrope as resistant to laughter, this chapter moves from hatred of humanity to witty mockery and scathing satire, focusing on five texts from the 1660s to the 1730s that all take ‘mankind’ as their satirical targets. As becomes clear, works that satirize the follies of human nature or the human condition invariably make unfavourable comparisons between humans and animals, suggesting either that humans are no better than beasts or indeed that they are far worse. In the satires of Boileau, Rochester, and Gottsched, as in Regnard’s comedy Démocrite and Swift’s Gulliver’s Travels, such prized human qualities as reason and free will are exposed as the very source of our inferiority to those unthinking beasts that instinctively follow their natures.
Alceste’s Afterlives
Authors: Harris Joseph
Published: December 2022

From the start, Molière’s Le Misanthrope proved an intriguing and morally ambivalent play, and many writers were drawn to engage intertextually with it, producing various sequels, adaptations, and critical analyses. This chapter examines how these later re-engagements with Molière’s play developed the figure of Alceste in different ways, over time either purging him of his misanthropy altogether or changing it beyond recognition. In Wycherley’s and Voltaire’s early theatrical adaptations, it is the Célimène figure who increasingly takes over much of the burden of misanthropy and social critique. The sequels of Marmontel and Demoustier, conversely, trace the ‘correction’ of Alceste’s misanthropy and his reconciliation to society. A third tradition, starting with Rousseau, progressively recasts Alceste as a figure of stalwart virtue against the quasi-misanthropical cynicism and self-interest of society at large, as reflected in Molière’s Philinte and his counterparts.
Philanthropic Misanthropy
Authors: Harris Joseph
Published: December 2022

This chapter explores certain Enlightenment attempts to revalorize misanthropy as something positive—perhaps not a virtue in itself, but rather a distortion or misrecognition of an essentially virtuous impulse. The moral ambivalence of misanthropy, and indeed of the supposed slur ‘misanthrope’, is borne out by two eighteenth-century attempts to rehabilitate the reputations of two key figures who are often dubbed misanthropic. Attempting to exculpate Jonathan Swift from accusations of misanthropy, Percival Stockdale strategically rewrites misanthropy as a stance of benign indulgence towards human weakness. Conversely, Jean-Jacques Rousseau stoutly rejects the label of himself, presenting his misanthropic reputation as a slanderous misrecognition of his true philanthropic nature. Finally, this chapters explores how the emergent idea of the misanthrope as a disillusioned idealist is dramatized in Schiller’s unfinished play Der Menschenfeind.
The Longing for Devotion
Authors: Katsafanas Paul
Published: December 2022

Reading philosophical and psychological literature on human motivation, we are confronted with long lists of things that people want. We want happiness and freedom from pain; acceptance by groups; a sense of achievement; perhaps self-determination or self-actualization; perhaps a sense of power. But there is something that often goes unmentioned in these lists: we seek a form of devotion. The longing for devotion plays a crucial and underappreciated role in ethical, social, and political life. Devotion is a form of commitment that is impervious to ordinary forms of rational argumentation, that resists tradeoffs and compromises, and that tends to be associated with what empirical psychologists call sacred values. Drawing on real-life examples, empirical psychology, and philosophical reflection, this chapter examines the way in which devotion and sacred values play a pervasive—but often hidden—role in human life. In addition, this introductory chapter provides a brief summary of the book’s contents.
Nihilism and the Abundance of Values
Authors: Katsafanas Paul
Published: December 2022

This chapter argues that reasonable agents can always find good grounds for questioning their basic normative commitments. This can lead to problems—problems that sacred values serve to address. In particular, there is a sense in which we are unable to justify weightings or lexical orderings of competing basic normative claims. Reaching an all-things-considered judgment about what ought to be done typically requires assigning relative weights to competing claims; and yet, according to a view called Normative Weighting Skepticism, we lack sufficient justification for assigning these relative weights and thus are unable to reach all-things-considered ought judgments. Although Normative Weighting Skepticism rests on certain assumptions about moral uncertainty, it is a reasonable philosophical position. Agents who accept Normative Weighting Skepticism experience a motivational problem called Normative Dissipation: they find that normative entities (reasons, values, or principles) formerly treated as overriding cease to function as overriding. Having sacred values is one way—perhaps the only way—of insulating one’s values from these effects and thereby preventing normative dissipation.
Picturesque Sensibility in William Cullen Bryant’s American Tropics
Authors: Boyden Michael
Published: December 2022

Chapter 4 reflects on the conflicting valences of the picturesque aesthetic in William Cullen Bryant’s “A Story of the Island of Cuba” (1828). Bryant’s story uses the conventions of this aesthetic framework to interrogate American and European interests in the archipelago. It does so by mildly satirizing the knowledge claims of the emergent field of descriptive geography (particularly the work of Conrad Malte-Brun), which integrated detailed landscape descriptions into the practice of geographical inquiry even while devaluing eyewitness accounts. This trend toward a more academic and literary discourse in contemporary geography aligns with the dematerialization of climate during this period. “A Story of the Island of Cuba” reflects on this development by dramatizing conflicting valuations of scientific curiosity, as both a driver behind amiable science and an emblem of illicit knowledge, in relation to Indigenous and enslaved populations in the Caribbean.
Man “in the Aggregate”
Authors: Boyden Michael
Published: December 2022

This chapter offers a paired reading of Ralph Waldo Emerson’s and James McCune Smith’s writings on the ligatures between climate and civilization during the early 1860s. This unusual coupling is motivated by both authors’ reliance on Adolphe Quetelet’s vital statistics. Quetelet’s social physics contributed to the decline of climatic explanations of the social toward the end of the nineteenth century by driving a wedge between individual sensibilities and the patterns governing society as a whole. While Smith embraced the modern science of numbers more enthusiastically than Emerson, both were intrigued by its potential for measuring civilizational achievement, especially in the fraught context of the tropics. The chapter construes the 1860s as an epochal period in the history of climate. As the writings of Emerson and Smith evince in various ways, the tropics ceased to function as a geophysical boundary for theories of civilization development toward the final decades of the nineteenth century, even as they continued to be invoked implicitly to rank and compare peoples and nations.
Origin Stories
Authors: Stewart Robert
Published: December 2022

This chapter considers the way in which we adopt research principles in how we live our lives—from children finding out about the world around us, to adults negotiating social encounters, to theories underlying psychotherapy. It discusses the prehistoric (and pre-human) origins of research, followed by a brief history of the emergence of mathematics as perhaps the oldest academic discipline, beginning with a strongly applied focus but incorporating its ‘pure’ form (i.e. knowledge for knowledge’s sake) as civilizations emerged that were able to support this specialism. The chapter closes by considering why the period around 1500 is so often used as a traditional starting point for histories of research.
Choosing a Solution
Authors: Stewart Robert
Published: December 2022

The chapter begins by considering the interrelationship between the development of research theory in the sciences and parallel developments in historiography, underpinning a lot of what is now humanities research. It then takes a step aside to consider progress and research infrastructure in pure mathematics as a non-empirical field, particularly focusing on the way in which centres of excellence, mentoring, and common challenges have shaped this. It summarizes the two approaches of rationalism (deduction) and empiricism (induction/falsification) before moving on to cover the principle of parsimony (‘simple is best’) and the vexed issue of Science vs. Religion.
The Ideal and the Reality
Authors: Stewart Robert
Published: December 2022

Falsification principles hold that you can never prove something to be true; you can only say that it’s consistent with observations and remain sceptical. In theory, a single inconsistent observation should be enough to force you to refine your theory; however, this only really applies in basic sciences where you can isolate your experiments from other influences. In the natural world, it’s more difficult to disprove a theory and this clearly presents a problem. One workaround, applied in health research, are ‘causal criteria’—features of an observed relationship that make it more likely to be causal. These are discussed here—strength, consistency, specificity, temporality, gradation, plausibility, coherence, analogy, and experimental evidence.
Designing Research
Authors: Stewart Robert
Published: December 2022

Once you have decided on the direction in which you want to take your research, it is then helpful to be clear about the elements involving empirical approaches, that is, observation and theory-building through induction, and those involving rationalist approaches, that is, logical, step-by-step arguments. This chapter considers the spectrum from pure description, through description for the purpose of theory building, to description for the purpose of testing theories. It considers examples from history and social science as disciplines where descriptive and analytic elements are often combined. Finally, it again raises the problem of how to decide between competing theories.
Designing Research
Authors: Stewart Robert
Published: December 2022

Research and development have a complex interrelationship. Inventions are a product of enquiry and experimentation; likewise, new technologies may open up hitherto unforeseen avenues for investigation. Early progress in astronomy, for example, depended on underpinning mathematics, as well as more mundane technologies such as lenses, global navigation, and timekeeping. Developments in humanities research have likewise been accelerated with new discoveries via archaeology and techniques for deciphering ancient scripts. The military and commercial sectors have been particularly influential in R&D, sometimes driving research, sometimes utilizing research, and sometimes inadvertently contributing to research. The invention of the radio is considered as an example of commercial exploitation of underpinning science. After exploring radio, the chapter offers an overview of the more modern phenomenon where technological development sometimes outstrips its applicability—the ‘solution in search of a problem’ scenario.
Communication 1
Authors: Stewart Robert
Published: December 2022

Communication is central to research: if findings aren’t communicated, a study is a waste of time. However, methods of communication have changed markedly over the last 500 years and there is no reason why they won’t continue to do so. Having covered common challenges like writer’s block, articulating the central concept, and the pitch to publishers, this chapter focuses on the typical report (e.g. a research paper) and its structure. Inference is covered as an important consideration—that is, the transition between what has been found to what it actually means, which is at the heart of communicating research and which tends to fall into a series of steps. Finally, having touched on the possibly terminal state of the current peer review publication system, longer-form writing is considered, taking the doctoral thesis as the most commonly encountered challenge.
The World as Hypertext
Authors: Pelczar Michael
Published: December 2022

Chapter 1 introduces phenomenalism as a surprising but promising inversion of ordinary ways of thinking about the relationship between mind and matter.
A Signal in the Noise
Authors: Pelczar Michael
Published: December 2022

Chapter 3 develops the following argument for phenomenalism: the physical world is whatever explains the regularity of experience; the explanation is that there are objective tendencies for experiences to exhibit such regularity; therefore, the physical things we perceive are such tendencies.
Phenomenalism and Consciousness
Authors: Pelczar Michael
Published: December 2022

Chapter 8 offers a phenomenalist perspective on the problem of consciousness, arguing that phenomenalism faciliates a more satisfying view of the relationship between mind and body than we can obtain on any other terms.
A “Missed” Secondary Rule?
Authors: Ollino Alice
Published: December 2022

This contribution addresses the role of causation in the establishment of wrongfulness. While the International Law Commission (ILC) Articles on the Responsibility of States for Internationally Wrongful Acts place causality outside the conditions for an international wrongful act to accrue and treat it as an question pertaining to the interpretation and application of primary rules, this chapter argues that causality is a missed “secondary” element for assessing the breach of certain categories of international obligations. Specifically, causal queries come in to play whenever adjudicators need to evaluate the extent of a state’s responsibility for failing to comply with preventive and other due diligence obligations. Moving from a critical reassessment of the ILC approach to breaches of preventive obligations, this chapter grasps at the normative function performed by causality in tailoring the scope of states’ due diligence obligations and illustrates the hurdles of the causal question in this context.
Presumptions as Secondary Rules in the Judicial Interpretation of International Human Rights
Authors: Altwicker Tilmann , Hansen Alexandra Ellen
Published: December 2022

In legal contexts, presumptions constitute secondary rules designed to manage specific situations of uncertainty arising in adjudication. Presumptions guide the interpretation of legal rules in cases of factual, practical, or legal uncertainty. In human rights proceedings, in particular, they are used to overcome situations of information asymmetry, to reduce the complexity of the legal argument or to avoid a (potentially destructive) normative conflict with other actors. Their modus operandi is inference: presumptions provide a repository of knowledge from which new knowledge can be inferred, that is then given legal significance in the judicial proceedings. The use of presumptions in international human rights adjudication can be considered legitimate if the general conditions of inference conform to the demands of procedural justice. Furthermore, the use of presumptions may be justified under the ethical principle of “the lesser evil.”
The Evidentiary Implications of a Party’s Non-Participation in the Proceedings
Authors: Lentz Christopher
Published: December 2022

International bodies are grappling with a recent surge of cases in which one of the parties does not participate. Such non-participation raises fundamental issues concerning the secondary rules that the international panel will apply to these proceedings, in particular whether it will look beyond the record to take into account additional evidence and the views of the non-participant expressed elsewhere. This chapter identifies and synthesizes the approaches taken to date by international bodies, with a focus on non-participation cases arising in inter-state disputes (ICJ, PCA, ITLOS), international human rights law (CCPR, CAT, CEDAW Committee), and international administrative law (UNAT). A comparative analysis reveals some uniformity in how international decision-makers address non-participation, but also some variances. This chapter proposes that the differences are best explained by reference to the precise language used in the foundational text establishing or providing jurisdiction to the institution seised of the dispute.
Theorizing the Resolution of Jurisdictional Conflicts
Authors: Obendiek Anke Sophia
Published: December 2022

This chapter develops a theoretical framework to grasp the multidimensional nature of jurisdictional conflicts and their resolution. It conceptualizes transnational data governance as a Bourdieusian field that structures interaction around the perception of common stakes. Through the concept of value orders, it also specifies how actors perceive differently the normative nature of these common stakes. It suggests that actors appeal to higher common principles and draw on a combination of material and discursive resources to impose their specific criteria for evaluation. Actors in more marginal positions are more likely to articulate an alternative vision of the field, because they are less likely to accept the realities of the fields as given. The final part of the chapter outlines the research design, including the case selection, and methods.
Safe Harbour and Its Discontents
Authors: Obendiek Anke Sophia
Published: December 2022

This chapter tracks patterns of continuity and disruption in transatlantic commercial data transfers. Already in the 1990s, clashing claims of legitimate control contributed to the emergence of jurisdictional conflict between the EU, which had issued wide-ranging obligations for cross-border data transfers, and the US, which did not conform to these obligations. This chapter traces the evolution of two institutional frameworks that were established as solutions to these differences as well as their invalidation by the CJEU. By examining the legal and political challenges to the Safe Harbour framework and its successor Privacy Shield after the Snowden revelations, it highlights the disruptive character of individual actors through the EU’s legal system.
Access Denied?
Authors: Obendiek Anke Sophia
Published: December 2022

This chapter outlines a recent jurisdictional conflict regarding law enforcement access to electronic evidence. Law enforcement authorities rely on informal cooperation with internet service providers in cross-border data requests. The chapter tracks a jurisdictional conflict between Microsoft, the US Department of Justice, and the EU, in which the actors juxtapose principles of sovereignty and security. While initially the actors more strongly emphasized the relevance of sovereignty and domestic law, the conflict shows how parallel processes of meaning-making in the field entrenched a vision of law enforcement cooperation as a security partnership. As proposals to legalize direct cooperation with private companies spread, this conflict has the potential to fundamentally alter the criminal justice system.
Sentencing and Human Rights
Authors: Summers Sarah J
Published: December 2022

Sentencing and Human Rights sets out to develop a systematic account of the importance of human rights principles at sentencing. Sentencing theory is dominated by discussion of the aims of punishment, but it is questionable whether the limits identified in the leading theories—principally the idea of proportionality or commensurability between the wrongdoing and the sentence—have served to constrain the sentencing decision in practice. It is argued that one reason for this is that insufficient attention has been paid to the special nature of state punishment as a process mediated by and through law. Punishment in the rule of law demands adherence to human rights principles, notably legality, proportionality, equality, and judicial responsibility for the determination of the sentence. Consideration of these principles provides the basis for an examination of the way in which they might be expected to limit important sentencing practices, such as the imposition of aggravated sentences for previous convictions, the treatment of confessions, and mandatory minimum sentences. This examination of the human rights limits on the sentence suggests that it might be necessary to reconsider the way in which state punishment is conceptualized in sentencing theory.
Equality and Non-Discrimination
Authors: Summers Sarah J
Published: December 2022

Equality has particular resonance in the sentencing context, in which it is often equated with consistency of sentencing outcomes. Many of the most important sentencing reforms of twentieth century were connected to the importance of promoting consistency of outcome by reducing bias and disparity. In this sense, sentencing disparity is often viewed as a consequence of too much judicial discretion and too much respect for some idea of individualized justice. Others have drawn attention, however, to the importance of conceptualizing equality as a product of some notion of non-egalitarian justice, a conception which then calls into question the juxtaposition of equality and justice. This chapter sets out to consider these issues through analysing the importance of the right to equality and freedom from discrimination in the ECHR at the sentencing stage. This provides the basis for a re-examination of notions of disparity in sentencing practice, the role of sentencing guidelines, and the issue of criminal deportation orders.
Super-Causes, Super-Grounds, and the Flow of Powers
Authors: Löwe Can Laurens
Published: December 2022

This paper examines three medieval accounts of the relation between a living being’s natural kind and its kind-specific powers: those of Thomas Aquinas, John Duns Scotus, and Thomas of Sutton. Aquinas contends that an organism’s kind-specific powers “flow” from the essence of its soul, the essence of the soul being what accounts for an organism’s natural kind. This paper first discusses what Aquinas understands by ‘flowing’ and argues that it amounts to a kind of sustaining causation. The paper also shows that, for Aquinas, there obtains a relation of material causation between the essence of the human soul in particular and its rational powers. The paper then considers one objection to Aquinas’s theory due to John Duns Scotus. On this objection, Aquinas’s claim that the essence of the soul is the sustaining cause of all vital powers and, in the human case, the material cause of some of these powers entails that the essence of the soul is itself a set of powers, and this has a number of undesirable consequences for Aquinas. The final part of the paper considers how Scotus’s objection can be defused by discussing Thomas of Sutton’s account of the dependence relation obtaining between the soul’s powers and the essence of the soul, which draws on a notion approaching what we would today call “grounding.”
Practical Implications
Authors: Višak Tatjana
Published: December 2022

Chapter 5 focusses on the fact that views about capacity for welfare across species have implications for what ought to be done only in conjunction with normative views. For example, it matters what entities have moral status and are, thus, morally considerable, in the first place. This chapter discusses the issue of moral status and defends equal moral status for all welfare subjects. For this purpose, it engages with the argument from marginal cases and with Shelly Kagan’s hierarchical view of moral status. For practical implications of EQU or DIF, it matters also whether we have reason to maximize welfare by bringing about more welfare subjects or merely by improving the lives of those who already live or will live in the future. It defends the latter view, based on Ralf Bader’s arguments. The chapter ends with an overview of different ways of counting (or discounting) the welfare of animals.
Being and Non-Being
Authors: van Inwagen Peter
Published: December 2022

This chapter rejects both Meinongianism (“There are things such that there are no such things”) and neo-Meinongianism (“There are things that do not exist”). The chapter examines possible responses to a challenge to neo-Meinongians that was issued in Chapter I: “If you think that there are things that do not exist, give me an example of one.” The right response to your example will be either, “That does too exist” or “There is no such thing as that.” The most serious answer to this challenge is provided by fictional characters—for there are characters who are (e.g.) witches and there are no witches. It is answered that fictional characters exist, and that some of them hold but do not have the property being a witch.
Being and Generality
Authors: van Inwagen Peter
Published: December 2022

This chapter considers theories of quantification different from the theory presented in Section 3 of Chapter I. So-called substitutional quantification has never been adequately explained. Such explanations as there are consist in statements of truth-conditions (or, more generally, satisfaction conditions) for sentences containing substitutional quantifiers. But to give truth-conditions for the sentences in a certain class is not to say what propositions those sentences express. Theories of quantification that allow quantification into non-nominal positions (generally either sentential or predicative) are misguided. For, as the variables of ordinary quantifier logic are essentially pronouns, the variables of “propositional” logic must be essentially prosentences, and the variables of “higher-order” logic must be essentially pro-verbs or propredicates. And neither prosentences nor propredicates exist.
Comparative Overview of Measures and Devices to Shape the Economy in Some Modern African Constitutions
Authors: Fombad Charles M
Published: December 2022

This chapter provides an overview of the economic doctrines, principles, measures, and devices that have been incorporated, explicitly or implicitly, in modern African constitutions to guide government action and promote development. In so doing, the chapter considers how these ‘economic constitutions’ pave the way for consolidating constitutionalism and respect for the rule of law. An economic constitution entails that a rule-based approach is taken to economic policy. Such a constitution establishes a framework that seeks to guide government action and ensure that the government’s management of the economy not only promotes growth and development but protects the country’s economic and political sovereignty. The chapter examines the types and levels of economic rights recognized and protected in the constitutions of the selected countries. It then discusses the role of institutions for economic management and considers whether the relevant provisions are strong enough to promote proper economic management. This is followed by an analysis of the interplay between the constitution, the economy, and constitutionalism. It is shown that there is close interdependence between the measures and mechanisms designed to promote a sound economic constitution and those that promote constitutionalism, respect for the rule of law, and good governance. The chapter ends by suggesting some ways in which constitutionalism in general and economic constitutionalism in particular can be promoted to protect a country’s economic and political sovereignty as well as its ability to pursue economic growth and development.
The Unravelling of the Constitution, Economy, and Constitutionalism in South Africa
Authors: Steytler Nico
Published: December 2022

The South African constitutions of 1993 and 1996 and the constitutionalism they entrenched have played a significant, if not central, role in shaping a market economy, one forged on the basis that a developmental state would lead the transformation of apartheid South Africa. The Bill of Rights enshrined the basic elements of such an economy: the right to property, a competitive market, and (indirectly) the freedom of contract. As corrective measures, the rights of workers and employees were firmly safeguarded, while a ‘social’ state was established by entrenching socio-economic rights in order to ward against market failure to distribute resources equitably. Ample constitutional scope was given for the emergence of a developmental state, although, in line with best practice, decisions about currency stability were allocated to an independent central bank. Yet, during the Zuma presidency, the economy went into recession. The claim is now that certain constitutional elements hinder economic growth, for example, the property clause, workers’ rights, or the independence of the Reserve Bank, but they obscure the fact that the country’s economic problems originate in the realm of politics, policies, and an incapable state. The economic crisis will not be resolved by the Constitution and constitutionalism; nevertheless, any future policies and initiatives should be grounded on the bedrock of constitutionalism: inasmuch as constitutionalism brings stability, it is supportive and enabling of economic growth and the fair distribution of resources.