bluuebunny/crossref_metadata_2025 huggingface dataset:
Healthy and Unhealthy Places
Authors: Braveman Paula
Published: February 2023

This chapter examines the links between neighborhoods, health, and health disparities. Considerable evidence shows that physical and social features of the places where people live can directly or indirectly affect the health of the people living in them. For example, levels of air pollution vary across different neighborhoods, as do the quality of schools and the presence of employment opportunities, all of which influence health; and walkability and the density of stores selling tobacco and alcohol can influence behaviors that strongly influence health. Health is also affected by neighborhood social environments; for example, close-knit communities have lower rates of violent crime and youth engaging in health-damaging behaviors. Racism, particularly systemic or structural racism, has been and continues to be a major factor determining who has the opportunity to live in health-promoting places. For example, hazardous waste disposal sites and other environmental hazards (e.g., sources of air and water pollution) have disproportionately been located in or near low-income communities of color. In communities of color, neighborhood schools have been underresourced, largely because schools rely heavily on local property taxes and discriminatory lending practices have restricted opportunities to accumulate wealth; inferior schooling has lifelong consequences for health. Reflecting racism, even among families with similar incomes, Blacks and Latinos/Hispanics live in more economically disadvantaged neighborhoods than Whites. Initiatives to make neighborhoods more healthy and equitable are discussed in this chapter.
Work Can Be Good—or Bad—for Your Health
Authors: Braveman Paula
Published: February 2023

This chapter examines the many ways in which work and working conditions can affect health and contribute to health disparities. The physical environment can harm health through exposure to toxic conditions and chemicals and risk of workplace injury. Psychosocial as well as physical aspects of work influence health. Work-related stress plays an important role. Organizational justice, the extent to which processes and outcomes in the workplace are perceived to be fair and just, is among the many psychosocial influences associated with workers’ health. Workplace discrimination based on race/ethnicity, gender, disability, sexual orientation, or gender identity is an aspect of organizational injustice. Other psychosocial influences thought to influence workers’ health include the balance between the demands made on a worker and the worker’s degree of control over how the work is performed, and the balance between the level of effort a worker must put into work and the rewards (e.g., pay and recognition) received. In addition to earnings, work-related resources such as health care insurance, paid sick leave, and paid parenting/caregiver leave can influence health. The chapter discusses strategies to improve health and reduce health disparities by improving economic, physical, and psychosocial working conditions.
Assessment and Management of Persisting Emotional and Cognitive Symptoms After Concussion
Authors: Jaffee Michael S. , Broshek Donna K. , Svingos Adrian M.
Published: February 2023

A subset of individuals with concussion may experience emotional and cognitive symptoms that persist beyond a few days to weeks. It is important for patients to discuss any symptoms that they may be having with their health care provider. Common emotional symptoms after concussion may include symptoms of depression, anxiety, and irritability. Common cognitive symptoms include complaints about attention and memory. Interdisciplinary assessment is particularly helpful for patients who have persisting symptoms. Having an assessment done to make sure that symptoms are not resulting from other comorbid conditions is important. Many treatments exist for emotional and cognitive symptoms that may persist after a concussion.
“To Manipulate American English”
Authors: Balfour Lawrie
Published: February 2023

This chapter analyzes Morrison’s ambivalent relationship to American English as both “the master’s tongue” and the language through which black communities have creatively developed their own cultural practices in defiance of white supremacy. Analyzing Morrison’s nonfiction writings, Balfour highlights Morrison’s unique theoretical contributions to understanding the relationship between language and freedom. The chapter focuses on Morrison’s innovative uses of two of the most contested terms of political thought—sovereignty and territory—to defend the emancipatory work of writers. Situating her work in conversation with anticolonial intellectuals, Balfour shows how Morrison reimagines the novel as a site for collective expression unimagined by white authority.
“Modern Life Begins with Slavery”
Authors: Balfour Lawrie
Published: February 2023

This chapter examines Morrison’s claim that “modern life begins with slavery.” How were new forms of freedom and bondage constituted in the Americas? The chapter examines Morrison’s fictional recreation of two historical moments. In A Mercy (2008), Morrison reimagines 17th-century North America, through the intertwined stories of black, white, and Indigenous characters. Jazz (1992) tracks the descendants of the enslaved who respond to their dispossession by picking up stakes and moving to the urban North in the early decades of the 20th century. Both novels accentuate the relationship of geography to the constitution of free selfhood and explore the lives of people who are repeatedly preyed upon and still refuse to be “easy prey.” Read together, the author argues, A Mercy and Jazz make a double-move, reminding readers how slavery claims us today and gesturing toward creative ways of claiming slavery to reimagine the meaning of freedom.
Taking Flight
Authors: Balfour Lawrie
Published: February 2023

This chapter considers the relationship between movement and freedom by focusing on two tensions: first, the differences between forced and chosen forms of mobility; and second, conflicts between the desire for freedom of movement and the longing for a home. Balfour argues that Morrison goes beyond the slave narrative tradition that inspires her, complicates recent scholarship on black fugitivity, and troubles narratives of the American founding as “a flight from oppression and limitation to freedom and possibility” in Song of Solomon (1977) and Home (2012). Viewing racialized mass migrations and efforts to contain them as defining features of the contemporary condition, Morrison’s novels dramatize different forms of mobility, attend to the (gendered) costs of flight, and ask how it is possible “to be both free and situated” in a racially hierarchical world.
Taking Responsibility
Authors: Balfour Lawrie
Published: February 2023

This chapter analyzes Morrison’s radical rethinking of the relationship of freedom and responsibility. In a world where gendered racial oppression and democratic aspiration are bound up together, Morrison’s stories about the girlhood, labor, sexuality, motherhood, friendships, battles, and desires of black women disclose how the enslaved and their children and children’s children have assumed responsibility under conditions in which choosing is necessary but not free. Chapter 4 examines Morrison’s understanding of “taking responsibility” through readings of Sula (1973) and Beloved (1987). Despite differences between the periods when the novels’ action takes place, the post–civil rights context in which they appeared, and the contemporary moment, Balfour demonstrates how Morrison’s novels complicate debates about women’s freedom, “personal responsibility,” and the meaning of “choice” that remain unresolved today.
“All the Waste and Beauty of the World”
Authors: Balfour Lawrie
Published: February 2023

This chapter examines Morrison’s inquiry into the relationship between beauty and freedom in the lives of girls and women who do not revolt or whose resistance is thwarted, ambivalent, or hidden. Morrison’s first novel, The Bluest Eye (1970), appeared during the revolutionary era of “Black is Beautiful,” yet, this chapter shows, Morrison’s approach to “doing beauty” pursues another path. By contemplating the possibility of freedom amid the ugliness of poverty and racism in an Ohio town, Morrison calls attention to quieter forms of revolution enacted by African American women and girls who love, desire, persist in the face of unjust and ongoing defeat. The novel, Balfour, argues, offers a profound reminder of the difficulty of imagining ways of being free that do not depend on the subjugation of others.
The deep play of tavern distrust
Authors: Umbreș Radu
Published: February 2023

The ethnographic encounter with distrust and Săteni society begins in two taverns. The interpretative account presents the actors’ point of view and analyzes the social significance of going out for a drink; why and how Săteni men gamble, wrestle, or prank each other; and what kind of coalitions, conflicts, and hierarchies they create and imagine in public interactions. Dramaturgical moments establish the reputations of individuals as competent or incompetent social actors, while trust and cooperation are tested and tried in the face of social adversity and deception. Cognitive mechanisms, communication, and the traditions of suspicion and self-reliance influence tavern practices and wider social expectations in the public domain. The deep play of taverns illustrates a side of Săteni ethics that emphasizes personal responsibility and competitive individualism when engaging with an unpredictable and unforgiving world.
To trust or not to trust
Authors: Umbreș Radu
Published: February 2023

The concluding chapter summarizes the role of ecology, history, institutions, social flexibility, and mental mechanisms for the distribution of trust and distrust in Săteni. It revisits the prudential but low-reward choice of destructive stable partition among collective farm members. The partition exemplifies an event where actors lacked the crucial resource of trust for mutually rewarding interactions given a structure of experiences and expectations. The absence of cooperation is contrasted with the social euphoria of a haphazard event that succeeded in making people transcend the zero-sum game of existence, if only for a couple of days. The author uses these contrasting moments to revise the ethnographic evidence and to open up the conversation toward productive, yet still tentative, avenues of anthropological and interdisciplinary investigation into the past and future of trust, morality, and cooperation in this Romanian village.
Introduction
Authors: Sperber Jonathan
Published: February 2023

The introduction sets out the two main themes of the book. One is that the second half of the twentieth century can be divided into three historical periods: (1) the postwar era, roughly 1945–1962/65; (2) the age of upheaval in the 1960s and 1970s; (3) the late-millennium era, 1980–2001, which created the foundations for our current condition. The second theme is that the entire period was one of increasing global interconnections, but these were neither steady nor continuous, but occurred in fits and starts and advances of interconnection in one respect could accompany declines in another.
Markets
Authors: Sperber Jonathan
Published: February 2023

This chapter explores economic developments and economic structures in the years 1945–2001. In the postwar decades, two economic systems faced each other—communist central planning and a tightly regulated capitalist market economy. Both systems came into crisis in the 1970s as a result of trends toward globalization. They were increasingly replaced with a globalized market economy that began showing its own signs of crisis by the very end of the millennium.
Leisure
Authors: Sperber Jonathan
Published: February 2023

This chapter explores the new ways to fill nonwork hours that emerged in the Age of Interconnection. As leisure time increased—albeit in an unsteady way and differently in different parts of the world—two main preoccupations emerged to fill that leisure, television viewing and tourism. Detailing the economic, technological, and political development of TV and tourism world-wide, the chapter shows their gradually—if often partial and incomplete—developing global interconnections.
Beliefs
Authors: Sperber Jonathan
Published: February 2023

This chapter discusses three important objects of belief in the second half of the twentieth century: the idea of progress, the nation, and God. Although shaken by the effects of the Age of Total War, all three objects of belief enjoyed widespread endorsement in the 1950s. Intellectual, political and spiritual upheavals of the 1960s affected all three greatly. The idea of progress lost credence and support; both lack of religion and previously marginalized forms of religious faith became more influential, while previously mainstream forms of religion declined. Of the three objects of belief, the nation remained the strongest and most influential, utilizing new forms of representation and global connections to maintain its powerful position.
Mass Murder
Authors: Sperber Jonathan
Published: February 2023

The Age of Interconnection began with attempts to punish the perpetrators of mass murder during the Second World War and the deployment of a new concept, “genocide,” to explain mass murder. Despite these efforts, mass murder continued during the Cold War, perpetrated, albeit in different ways and to different extents, by both communists and anticommunists. The end of the Cold War in the 1990s did not bring mass murder to an end, but resulted in new forms in the former Yugoslavia and in Rwanda.
Fieldwork
Authors: McGavin George C. , Davranoglou Leonidas-Romanos
Published: February 2023

You can learn a certain amount from books, but in order to really learn about the secret lives of insects, you must study them at first hand. With organisms as small, numerous, and diverse as insects, you will not be able to get very far without collecting and killing them for identification. A few people profess to be able to recognize many species on sight, but for small and cryptic species their identifications will be questionable. In any case, an identification without voucher material carries little weight. Many species are distinguishable only by looking at their dissected genitalia or other minute details. Even with perfect eyesight and a hand lens it is impossible to count the number of bristles on the head or body of live flies, and most small moths rest with all their useful identification features obscured. To quantify biodiversity in any habitat, whether for a basic site description, environmental impact assessment, or pest management survey, it is necessary to find out what species are present, and in what numbers.
Piranesi's Candelabra and the Presence of the Past
Authors: van Eck Caroline
Published: February 2023

This book is the first to study in depth three major late works by Giovanni Battista Piranesi (1720–1778): the three colossal candelabra he made in the 1760 and 1770s out of fragments excavated near Hadrian’s Villa in Tivoli, and which are now in the Ashmolean Museum and the Louvre. It writes their biography from the excavation to their entry into a public display. It gives a first history of the extremely widespread, but very little studied artefact type of the candelabrum, and it considers how the design of these candelabra, in particular their animal features and air of animation, shaped human–thing entanglement. Thus the book is both a reconstruction of the origin and reception of these Roman fragments and a study of the role of these artefacts played in the development of neoclassicism through their materiality and agency.
Making Antiquity Materially Present
Authors: van Eck Caroline
Published: February 2023

In Chapter 3 the desire to make Antiquity materially present is contextualized, first in the paper context of the first publication of the candelabra, in the Vasi, Candelabri, Cippi of 1778, where they are juxtaposed with objects from the entire Mediterranean region, Egypt, and the Near East, which Piranesi had seen in the ethnographical collections of the Museo Borgiano and Museo Kircheriano. The prominence in the Vasi, Candelabri, Cippi of a wide range of lamps, furniture, funerary objects, etc. also suggests that the candelabra are part of his ongoing attempt to recreate the material culture of Roman religion. The second part of this chapter offers a new consideration of notions of composition, restoration, and authenticity held by Piranesi and his collaborators to understand his evidently false claim that the three candelabra were found tale quale, as such, in the swamp at Pantanello. Restoration, it is argued, became an important locus for human–thing entanglement c. 1770–1800.
Idealism in Modern Philosophy
Authors: Guyer Paul , Horstmann Rolf-Peter
Published: February 2023

This book examines the presence of idealism in modern philosophy from the seventeenth century to the turn of the twenty-first. We define idealism proper as the position that reality is ultimately mental or conceptual in nature, to be contrasted to materialism or physicalism. So defined, idealism has hardly been a popular view, at least in the twentieth century. But we distinguish between metaphysical and epistemological arguments for idealism, and argue that while the former have rarely been popular, the latter are so, and present in many philosophers who would hardly call themselves idealists. We conclude that metaphysical arguments in favor of a reduction of all reality to either mind or matter are highly questionable, because we have no reason to believe that we have arrived at an adequate understanding of either. However, epistemological arguments in favor of idealism that point to some version of conceptual idealism or other are indeed difficult to avoid.
Idealism in Early Modern British Philosophy
Authors: Guyer Paul , Horstmann Rolf-Peter
Published: February 2023

Hobbes was a convinced materialist and Locke a non-dogmatic dualist, so neither was a full-blown idealist. But their theories of perception anticipated epistemological arguments for idealism. Berkeley advocated “immaterialism”—the term “idealism” was not yet in use in Britain—on both metaphysical and epistemological grounds, as did his contemporary Arthur Collier. Hume officially abjured metaphysical speculation altogether, but his “bundle theory” of both mind and body comes close to idealism in practice.
Kant
Authors: Guyer Paul , Horstmann Rolf-Peter
Published: February 2023

Kant’s “transcendental idealism” has a complex relationship to idealism proper. On the one hand, he reduces space and time to human forms of intuition, and thus holds that they are “transcendentally ideal.” On the other hand, he explicitly rejects Berkeley’s immaterialism, which he calls “material” and “subjective” idealism, insisting that there are things in themselves in addition to appearances as our representations of them, and that we have no reason, at least within theoretical philosophy, to reduce things in themselves to minds. On the other hand, he advocates what might be called “practical idealism,” arguing that humans have a radical freedom of the will incompatible with materialism, so as we are in ourselves we must be free minds, and also that we must “postulate” God as an intelligent and incorporeal “author” of nature on moral grounds.
German Idealism
Authors: Guyer Paul , Horstmann Rolf-Peter
Published: February 2023

Fichte, Schelling, and Hegel are the focus of this chapter. They tried to avoid traditional idealism by characterizing reality in terms of activities rather than substances, but also held that the primary activities of reality are mental rather than physical. They strongly objected to Kant’s insistence on the existence of things in themselves beyond our ideas of them, and thus their positions are still squarely idealist. However, Hegel’s phenomenology most extensively develops an idealist epistemology.
British and American Idealism
Authors: Guyer Paul , Horstmann Rolf-Peter
Published: February 2023

This chapter focuses on the work of T. H. Green, F. H. Bradley, J. McT. E. McTaggart, Josiah Royce, and, perhaps surprisingly, Charles Sanders Peirce. Both Green and Royce argue for the mental origin of natural order, and in Royce’s case for an “absolute” mind, without reducing all reality to mind, while Bradley and McTaggart develop criteria for reality that in their view can be satisfied only by mind. In Bradley’s case that is an “absolute,” while in McTaggart’s case it is the kind of minds found in ordinary persons. Both thus advocate metaphysical forms of idealism, in Bradley’s case “absolute idealism” and in McTaggart’s “personal idealism,” while Royce’s fundamental argument for idealism is epistemological in character, his “argument from error.” Peirce, though known as the founder of pragmatism, also responded to epistemological arguments for idealism in his conception of truth as an idealization of what would be known at the end of inquiry.
The German Response to Idealism II
Authors: Guyer Paul , Horstmann Rolf-Peter
Published: February 2023

Both “Southwest” Neo-Kantianism, led by Wilhelm Windelband and Heinrich Rickert, and “Marburg” Neo-Kantianism, represented in the first generation by Hermann Cohen and in the second by Ernst Cassirer, developed idealist epistemologies while firmly rejecting any reduction of matter to mind, or idealist metaphysics. Both Windelband and especially Cassirer emphasized the constructive activities of the human mind, in Cassirer’s case through “symbolic forms,” in many areas, not just natural science, and thus broadened Kantian epistemology. Cassirer in particular argued against seeing natural or any other science as having reached a final stage. Through figures like Rudolph Carnap and Hans Reichenbach, Neo-Kantianism permeated analytic philosophy even when its role is often not recognized.
Further into the Twentieth Century
Authors: Guyer Paul , Horstmann Rolf-Peter
Published: February 2023

This chapter sketches the idealism of Brand Blanshard. It then charts the influence of idealistic arguments in contemporary epistemology even while most traditional versions of idealist metaphysics have been rejected by many twentieth-century “analytic” philosophers such as Collingwood, Carnap, Quine, Wittgenstein, Sellars, and McDowell. They all share the view that knowledge is always from the human perspective, whether that is characterized in terms of “absolute presuppositions,” the “web of belief,” Weltbilder, the “myth of the given,” “second nature,” or others.
Conclusion
Authors: Guyer Paul , Horstmann Rolf-Peter
Published: February 2023

Here we conclude that neither idealism nor physicalism or materialism is an unproblematic metaphysical position, because we have no reason to believe that we currently have adequate conceptions of either mind or body to allow for a reduction of either to the other, nor any reason to expect that we shall have such adequate conceptions. However, from an epistemological point of view, features characteristic of idealism are hard to avoid and remain of enduring value.
On Women’s Aggression
Authors: Narayanan Amrita
Published: February 2023

Describes the critical relationship between the community identity and individual identity for Indians. Explains that modern individuality—being only minimally vulnerable to others’ imagined views of oneself—is a work in progress for most Indians. Defines patriarchy from a psychological perspective: as a psychological form that requires women to perform sexual control for the well-being of the group. Outlines women’s anger about how their sexuality is controlled, alongside the taboo against expressing this anger, which in turn pushes the anger into less risky venue. Presents Freud’s definition of Eros as a stream with two currents, one affectionate and the other lustful, and explains how these two currents become gendered in the popular imagination. Lays out, using examples, the three psychological pillars of patriarchy: rigid gender binaries, compulsive heterosexuality, and the control of women’s sexual agency. Describes how patriarchy imagines masculinity and femininity. Invites the reader to consider ‘Woman’ and ‘India’ as psychological identifications with subjective, personal meanings rather than concrete words with objective meaning.
Aesthetic Arrests
Authors: Narayanan Amrita
Published: February 2023

Aesthetics—the emotional response to products of the imagination—exercises a demand upon sexual agency that can be counter-directional to what is popularly considered ‘agential’. This chapter examines heterosexual aesthetics in Indian—such as sexual reverence and the wish to serve a male sexually—that have historically rankled the autonomous conceptions of feminism. The chapter introduces the portmanteau term ‘aesthetics of sexuality’ to refer to the particular set of unconscious identifications that a given person finds sexually arousing and satisfying. It describes how aesthetics of women in Sanskrit and Tamil poetry portray sexual modesty, beauty, and attractiveness as valued psychological characteristics. Using examples it evaluates how these aesthetics represent a form of continuity for some women and a form of oppression for others. The chapter emphasizes that a demand for a unitary ‘card carrying’ feminist aesthetic nullifies the sexual lives of women who have embraced patriarchal sexual aesthetics.
Writing as an Essential Research Skill
Authors: West Stuart , Turnbull Lindsay
Published: February 2023

The impact of scientific research depends critically on how well it is communicated to others. In most sciences, this means writing a scientific paper that other scientists will read. Perhaps you have done amazing experiments and think that this will guarantee success. However, without good writing, you may struggle to get your paper published and your brilliant experiments will not have the impact that they deserve. Good writing can’t save bad science, but bad writing can sink good science.
Writing and Editing
Authors: West Stuart , Turnbull Lindsay
Published: February 2023

In the previous chapters we have provided a structure for producing each section of your paper. In this final chapter we consider how to write and edit in an effective and efficient way. This includes how to divide your time among the different sections, so that your paper emerges efficiently, and how to know when your paper is ready to submit. Following our tips for efficient and effective writing will allow you to produce a first draft more quickly. Then, once you have finished that draft, you will need to edit it. Editing is much more than just a final polish—it can play a major role in ensuring that your paper is readable and will have impact.
Instead of punishment?
Authors: Easton Susan , Piper Christine
Published: February 2023

This chapter looks at three very different aspects of sentencing and punishment where there are alternatives to a focus on proportional sentencing and punishment. We discuss two sets of offenders where the court does not have to sentence strictly in line with just deserts. So we focus on children and young people under 18 years of age and examine the policies developed over the past century which have taken into account the welfare of the child, such that diversion from prosecution has been justified and strict proportionality of penal response can be modified. We also focus on those offenders who are deemed to be mentally disordered and review those options available to the sentencing court which focus on treatment rather than punishment. However the chapter begins by looking at an alternative rationale and approach for responding to those who commit offences—restorative justice—and reviewing policy and practice developments. Finally, the chapter provides reflective exercises for all three (potential) alternatives to punishment.
Impact on victims and offenders
Authors: Easton Susan , Piper Christine
Published: February 2023

This chapter reviews the increased policy focus on victims, dealing with remedies for victims of crime and more recent involvement in the sentencing process via victim impact statements as well as discussing the impact of punishment on offenders. Ways of reducing the impact of crime on the victim are considered, including compensation, and confiscation, restitution and forfeiture as well as focusing on the Victims Code and the victim’s surcharge. Conflicting approaches to the impact of punishment on the offender or the offender’s family, including financial penalties, are considered. This discussion covers justifications from penology and evidence—from research and appellate cases—of practice in the courts. Arguments for and against impact mitigation are examined with reference to a range of issues, including social deprivation, illness, disability, and age.
Experiencing imprisonment
Authors: Easton Susan , Piper Christine
Published: February 2023

This chapter reviews the impact of imprisonment on specific groups of prisoners. It discusses the experience of imprisonment for specific groups, including women and ethnic minorities. Issues discussed include the problems facing female prisoners in maintaining family contact and the health needs of women in prison. The treatment of BAME prisoners is also considered, with reference to a range of issues, including racial harassment and discrimination. The problems facing foreign national prisoners are also discussed. Other groups considered include religious minorities, TACT prisoners, LGBTQ + prisoners, prisoners with disabilities, and older prisoners. Policies which aim to reduce the risk of unfair treatment are also examined.
Introduction
Authors: Reinisch August , Schill Stephan W.
Published: February 2023

This chapter provides an introduction to the analysis of the substantive standards of treatment from a rule-of-law perspective. It shows that the rule of law has become a widely shared normative yardstick for assessing international investment law as a whole, including both investor-State dispute settlement and the substantive standards of treatment. The chapter provides an overview of the different conceptions of the rule of law (‘thin’ or ‘formal’ versus ‘thick’ or ‘substantive’) and introduces the contributions to the present volume against the background of two analytical angles. First, to assess to what extent the rule of law is reflected in the substantive standards of treatment contained in international investment treaties and how the rule of law can guide the standards’ interpretation. Second, to query what rule-of-law lacunae substantive standards of treatment leave, whether in respect of inconsistent interpretations, lack of coherence with competing rights and interests, disregard of domestic investors, or shortcomings in respect of investor obligations.
(Direct and Indirect) Expropriation and the Rule of Law
Authors: Bungenberg Marc
Published: February 2023

The standard of protection against unlawful expropriation has been referenced in multiple iterations of fundamental/human rights standards on the national and international levels, as well as within international investment agreements. This chapter analyses to what extent the standard under examination reflects the concept of the rule of law. It addresses how the conditions that international investment treaties impose for a (direct or indirect) expropriation to be lawful—public purpose, non-discrimination, due process, and compensation—reflect elements related to the concept of rule of law. Furthermore, the chapter discusses how recent investment treaties and arbitral practice have implemented a rule-of-law-inspired concretization of the scope of indirect expropriation.
International Investment Law’s Non-Discrimination Norms and the Rule of Law
Authors: Whitsitt Elizabeth
Published: February 2023

This chapter considers how most-favoured-nation (MFN) and national treatment (NT) disciplines promote foreign investors having an equal opportunity to compete in the global marketplace through transposition of Ronald Dworkin’s theory about the rule of law to international investment law (IIL). It examines the constituent elements of MFN and NT disciplines commonly found in bilateral investment treaties (BITs) and regional trade agreements (RTAs) and the jurisprudence interpreting these requirements in relation to the rule of law. Regardless of variations in the scope of MFN and NT clauses across the numerous BITs and RTAs currently in force, such provisions along with their constituent elements remain at their core equality doctrines that ground the rules of fair play and justice in the IIL regime and thus further the rule of law.
The Use of Investment Treaty Standards to Enforce Other International Legal Regimes and Domestic Law
Authors: Živković Velimir
Published: February 2023

This chapter discusses the use of substantive standards under investment treaties to enforce other (not investment protection–related) international obligations and domestic law, seen through the prism of the rule of law. In interpreting and applying substantive standards of investment protection, diverse factual scenarios can implicate different international and national legal regimes. The legal framework governing the applicable law and rules of interpretation allow for a considerable arbitral discretion in deciding if and how these regimes impact the reasoning process and/or case outcome. Investment arbitration case law shows an uneven approach when it comes to the scope and depth of engagement with these regimes in decision-making. In terms of the commonly recognized rule-of-law requirements, there is thus a tension between legality and predictability. But the awards discussed in this chapter also show that arbitrators can and do persuasively engage with different legal regimes when applying treaty standards, often exhibiting a deep and detailed understanding of these regimes. Bearing this in mind, the normative path out of the tension between legality and predictability can be sought in the ideals of the rule of law at both international and national levels. Investment arbitrators should, to the extent possible, enforce other legal regimes or at least offer clear explanations as to why such enforcement cannot take place. Such an approach can bolster international and national rule of law through enhancing coherence and effectiveness of international obligations and highlighting areas of conflict where legal or governance reforms might be necessary.
Cricket at the Altar of Technology
Authors: Subramanian Vidya
Published: February 2023

This chapter is about the influx of technology into cricket. It describes the many ways in which various technologies found their way into cricket—in coaching, gameplay, broadcast, and umpiring. The shift in cricket’s ‘moral universe’ where fairness in gameplay was taken for granted so much so that not playing fair came to be spoken of as ‘it’s not cricket’ is also discussed. It is argued that most of the changes in cricket, from Kerry Packer’s World Series Cricket to the birth of the Indian Premier League, every radical transformation in the game seems to have come from forces outside the game seeking a foothold within it, usually attempting to induct novelties into the game, whether or not enriching the sport itself.
Technology, Speed, and Consumerism
Authors: Subramanian Vidya
Published: February 2023

This chapter deals with theories of society and technology in order to understand the manner in which and reasons for the game to have evolved in the way that it has. Paul Virilio’s theory of the politics of speed, Zygmunt Bauman’s theory of liquid modernity, and the idea of consumerism is used to theorize the evolution of technically mediated cricket. The chapter argues that in creating a purely domestic sporting league based on city affiliations that no longer tug at the heartstrings of patriotism and nationalism, the IPL has created a version of the game in which the fan appears to pledge loyalty to a brand—be that of a cricketer, or a film star ‘owner’ of a team, or indeed a favourite consumer trademark.
Bhutan: The Unremembered Nation
Authors: Ura Karma
Published: February 2023

The house and family are the nucleus of society, but we can get a better perspective on them if our view zoom on the village and the surrounding landscape, and on travel and trade the people engaged. These larger settings impinged on the character of individuals. The story of the birth of a house is told: from extraction of construction materials to installation of facilities of water, sanitation, and bedding. The nature of relationship among households is explored through processes of birth and death, upbringing and formation, courtship and marriage, discord and mediation. Raising a special breed of migratory cattle was central to prosperity. Migratory loop of herds and barter exchange of dairy products are described. The narrative about cattle ends on ‘belching and emitting’ and lands us on the theme of sounds and colours. Sounds of wind and water, of rituals and liturgies, of birds and beasts, of archery-games and songs, and of languages were woven into the heightened experiences of ordinary people. Narrative then takes up the mobility of on-foot merchants and caravans—across snow and Duar passes—by routes that criss-crossed Bhutan for seasonal trade and communal migration. Rivers were spanned by iron chain and wooden cantilever bridges that guarded the nearby giant castles. Volume 1 ends on the rhythm of farm life, following lunar calendar, in different climates, around lively cooperative farming of maize, finger millet, buckwheat, barley, rice, and other crops for nutrition and feasting by both people and animals.
Family and Village
Authors: Ura Karma
Published: February 2023

As the macrocosm of traditional society, a village reflected its entire fabric from its physical and structural layout to its social composition. The ebb and flow of human and faunal population in and around a village over the seasons are described. Children got imprinted with sights, sounds, attitudes, gesticulations, and vernaculars of a village influencing them as evolving members of a family and a village. Amorous relationships were struck in many different circumstances but also in congregations of youth during a festival. Beer (sing chang and bang chang) and ara (alcohol) became the social lubricant and relaxant during such gatherings. Sharing a cup publicly between an enamoured pair, or a young man being found deliberately overstaying in a young woman’s house in the morning, was a signal that ‘bonding by eyes’ (love) marriage had taken place. He was expected at once to grab farm tools to start his life in his wife’s house. And if the initial commitment did not work out, they could separate relatively easily and ‘re-pair’ with someone else.
Back-Pack Traders and Caravans
Authors: Ura Karma
Published: February 2023

Deep in the forest lies a network of derelict mule tracks connecting Bhutan, Tibet, and India, and those connecting different settlements in Bhutan. The network came to strategic traffic points at bridges and passes. Bridges were especially secured to tax traders and check movements. Dzongs or castles came to be built next to major bridges because these castles could be guarded better by controlling bridges. Access to Bhutan was through snow mountain passes in the north, and from the 18 Duars Bhutan held, through door-like passes from the plains of Assam and Bengal into mountainous Bhutan. Mule tracks were the medieval highways and they were busy with backpack traders, caravans, seasonal human and livestock migrations, and transportation of official loads. Delivering official loads consisting of commodity taxes were a major, sometimes excruciating, obligation of the households. Not only porterage of official loads, people had to work every season to rebuild medieval transport infrastructure. For trading, marts were organized between Bhutanese and Tibetans along northern border areas in summer while marts were held in winter between Bhutanese and Indians along the southern borders. Many villages in south eastern Bhutan moved lock, stock, and barrel to warmer border areas and enjoyed months of winter camping with their Assamese hosts.
Theoretical Approaches to Reparations
Authors: Moffett Luke
Published: February 2023

Reparations are justified on several theoretical bases, the most common are justice, recognition, and reconciliation. This chapter addresses these different theoretical accounts to provide some analytical insights into the phenomenon in the aftermath of conflict, as well as to challenge normative assumptions. It starts with a broad survey of some of the key theoretical justifications for reparations. This chapter begins by exploring the concept of reparations before going into more depth on three broad theoretical accounts: justice; morality and recognition; and reconciliation or relational. The first section assesses the traditional notions of justice as corrective and distributive, but given their limits, turns to how justice has increasingly been expressed in terms of transformative or transitional when it comes to reparations for war. The second section examines the moral basis of reparations, the more expressive dimensions of acknowledgement. The third section evaluates the place of reconciliation with reparations and the importance of relational aspects between victims, responsible actors, society, and States. This chapter argues that these different theoretical accounts of reparations inadequately grapple with the practice of reparations, which creates a normative account that is either too utopian to be realized or inadequately provides the conceptual tools to navigate moral challenges to realize effective redress. Throughout this book a socio-legal approach in drawing from empirical data and the rich literature on reparations aims to chart how reparations can be better understood as seeking balancing between competing aims within a fuzzy normative framework.
Reparations as Balance
Authors: Moffett Luke
Published: February 2023

Building on the common theoretical justifications of reparations, this chapter makes an original contribution with its theoretical framing of reparations as balance. For the purposes of this book, reparations are situated on the notion of ‘finding balance’ between different interests, appreciating the power dynamics and structures of violence. A balance perspective interrogates the settlement point in which reparations occur, between competing interests, power dynamics, and structures of violence. In many ways this is about finding ‘a sense of justice’ in redressing the consequence of conflict. This chapter elaborates what a socio-legal approach to reparations entails, in particular how reparations as finding a balance helps us to better understand them in normative and analytical terms. The discussion in the previous chapter on the different legal, philosophical, and moral approaches to reparations still has a strong purchase, if anything the socio-legal approach appreciates how different justifications and disciplines tackling the phenomenon from distinct angles can have elements that resonate across them all. Accordingly, the purpose of a socio-legal approach is to engender a better insight into the lived experience and social construction of legal norms. This chapter begins by outlining a socio-legal approach to reparations, before moving on to discuss the role of the law and legalism in reparations, along with its limits. The final section of this chapter expands the concept of finding a balance of reparations, delineating the tools of proportionality and feasibility.
Administering Redress: State Capture, Domestic Reparation Programmes, and Resistance
Authors: Moffett Luke
Published: February 2023

Often in the aftermath of war, where reparations are implemented, it is through a domestic administrative programme. This chapter unpacks some of the problems and challenges of such domestic reparation programmes. While this book argues for a balance to be struck between victims’ rights and society’s interests, the implementation of such measures can be a site of contestation, resistance, and secondary victimization that is often overlooked in policy and the literature on reparations. An added challenge is that the place of the State and its power to shape reparation implementation often suits its changing political priorities, which can diminish victims’ benefits and rights. Such political manipulation of reparation can undermine the initial equilibrium reached to implement reparations, meaning that victims often have to continue to monitor the delivery of reparations. This is particularly acute around three areas where reparations are used to extend political power through State capture of reparations, their use as social control, and clientelism; where reparations are instrumentalized as a means of retribution or as a weapons-system; or where they are diluted due to the impact of the passage of time and loss of institutional memory. This chapter begins by outlining what is meant by a domestic reparation programme and the itemization of suffering, before turning to these three areas.
In the Absence of Reparations—Victim Agency, Mobilization, and Repair
Authors: Moffett Luke
Published: February 2023

Reparations come about not through the generosity of States or other responsible actors, but by the struggle of victims and their allies. This chapter begins by looking at how victims navigate the consequences of their harm through silence, voice, and agency, paying particular attention to how they self-exclude themselves and even compete. It also addresses the challenge of speaking for victims and who can represent their heterogenous experience in advocating for reparations. It then addresses the role of victim movements in claiming redress through victim mobilization. The final section turns to how victims themselves manage their own repair process through the notion of ‘self-repair’ and with civil society allies as ‘informal repair’. This shows some of their resilience, but such measures are often inadequate by themselves to repair the grievous nature of their suffering.
Constitutions and Constructional Choice
Authors: Dixon Rosalind
Published: February 2023

This chapter outlines the idea of constitutional constructional choice, and the role of constitutional values (including democracy) as potentially informing that process of choice. It discusses Ely’s own understanding of these questions, as well as the criticisms and limits of Ely’s account, and suggests that democracy and sources of democratic dysfunction need to be understood in ways that build on but go beyond the ideas set out in Democracy and Distrust. It considers the range of “comparative political process theories” that engage in this task, and situates the idea of responsive judicial review within this broad school of ideas.
Democratic Dysfunction and the Effectiveness of Responsive Review
Authors: Dixon Rosalind
Published: February 2023

This chapter explores the degree to which courts are able effectively to identify and counter the relevant three risks to democracy, but also the preconditions for judicial review of this kind. It notes the challenges courts face in identifying democratic dysfunction, but also the principles and sources they can draw on in doing so—including principles of publicity and reversibility, and evidence provided by legislative trends, opinion polls, amicus briefs, and comparative developments. It notes the institutional strengths of courts in responding to democratic blockages, but also the necessary degree of legal authority, remedial power, judicial independence, and political support for judicial review for courts to play a role of this kind. The chapter also notes the additional challenges facing courts as they seek to counter risks of political monopoly.