bluuebunny/crossref_metadata_2025 huggingface dataset:
Catholics and Liberals
Authors: Jenkins Philip
Published: November 2023

Writing on anti-Catholicism in the late 1970s, Andrew Greeley made a statement that seemed quite remarkable in the context of the time. Not only did this kind of bigotry still exist, he claimed, but “it may be even more vigorous now than it was twenty years ago.” Greeley was arguing that anti-Catholicism was actually more potent than it had been before the election of President Kennedy, the event that was commonly believed to have laid the ghost of nativism to rest for all time. Yet older prejudices had survived and were reinforced by grievances against the Church that were new, or at least newly redefined. While liberals had long been hostile to the Catholic Church, their distinctive issues now played the central role in defining anti-Catholic sentiment.
The Church Kills Gays
Authors: Jenkins Philip
Published: November 2023

In addition to feminists, gay activists have been among the leading contemporary critics of Catholicism and the Church. Since the Church is so visibly opposed to so many gay political causes, it has become a symbol not only of repression, but also of hypocrisy, as it is accused of harboring within itself such a strong homoerotic culture. As with feminists, opposition to Catholicism has become a major component of gay political organization, a powerful symbol of “what we are fighting.” And as in the case of feminism, controversies over specific political issues have escalated to produce a much broader and more visceral kind of anti-Catholic polemic.
Catholics and the News Media
Authors: Jenkins Philip
Published: November 2023

Though it retains many of its traditional characteristics, anti-Catholicism in modern America has changed many of its political overtones, with the decisive movement to the left-liberal end of the political spectrum. Equally significant is the shift in the means by which anti-Catholic rhetoric is generally expressed. In marked contrast to the situation fifty years ago, stridently anti-Catholic themes today are widely present in popular culture and the popular media. This does not necessarily mean that the sentiments themselves are any more powerful than in bygone days, but the overt way in which they are expressed in mainstream media is novel.
“The Perp Walk of Sacramental Perverts”
Authors: Jenkins Philip
Published: November 2023

Long-standing media hostility to the Catholic Church was expressed in singularly frank terms in 2002, during what was commonly (and mis-leadingly) called the nation’s “pedophile priest” crisis. Even reputable news outlets presented a picture of a Catholic priesthood heavily infiltrated by perverts and child molesters, whose activities were treated so mildly by their superiors that the bishops themselves were virtually accomplices. This awful picture gave the opportunity for the widespread public expression of grotesquely anti-Catholic and anti-clerical sentiments and the revival of every ancient stereotype—even the sale of indulgences. News stories and cartoons revived and even exceeded the nineteenth-century propaganda of Nast and the rest.
Catholics in Movies and Television
Authors: Jenkins Philip
Published: November 2023

Since entertainment companies are often part of the same corporate networks that control the news, it is not surprising that Catholicism also receives quite hostile treatment in movies and television. What is remarkable, perhaps, is that the torrent of anti-Catholic imagery stirs so little comment. Because film has been such a powerful cultural force over the past century, many academics have turned their attention to the medium. In historical studies of the cinema, one powerful theme has been that of stereotypes and how American films in particular have dealt with various groups that have been viewed as unpopular or suspect. We now have shelves of studies on the treatment of blacks, Jews, Latinos, Native Americans, Asian-Americans, homosexuals, and so on.
Arm’d for Virtue
Authors: Yu Christopher
Published: November 2023

To broach the topic of Pope’s political commitments is to venture onto slippery ground. Much of the difficulty of defining his allegiances by means of the standard party labels stems from the poet’s air of skeptical ambivalence toward ideology per se, as his famous self-description from his imitation of Horace’s Satire 2. I makes clear: “In Moderation placing all my Glory, / While Tories call me Whig, and Whigs a Tory” ( The First Satire of the Second Book of Horace Imitated, 67–68). Dustin Griffin recently has noted that it has become something of a critical convention to describe Pope broadly as a “Tory satirist,” or else as a Stuart supporter and anti-Hanoverian, or yet otherwise as a member of the Patriot cause supporting Frederick, prince of Wales, against the Whig oligarchy headed by Robert Walpole. Griffin quickly adds, however, that “it might be more accurate to regard Pope as a writer who, throughout his career, aspired to serve the state as ‘My Country’s Poet,’ but who-even from the beginning-looked with some ambivalence at the prospect of joining the patriot with the poet.”
Teaching Freud in the Language of Our Students: The Case of a Religiously Affiliated Undergraduate Institution
Authors: Jonte-Pace Diane
Published: November 2023

If the psychoanalyst must speak in the language of the patient, we, the teachers of Freud and religion, surely must teach in the language of our students. Who is Freud-and what is religion-in this language? The answer depends in part on academic context: Freud is taught in religious studies departments at public universities, private unaffiliated colleges, and religiously affiliated seminaries, colleges, and universities. This essay describes a course on “Religion in the Theories of Freud and Jung” at a religiously affiliated West Coast university with approximately four thousand undergraduate students.
Teaching Freud in Religion and Culture Courses: A Dialogical Approach
Authors: Ross Mary Ellen
Published: November 2023

Those of us who teach undergraduate classes on religion are engaged in an exceedingly complex enterprise, and the introduction of psychoanalytic frameworks into our courses does little to diminish the complexity. How, after all, are we to do justice to the depth and richness of religious phenomena-symbols, rituals, languages-while at the same time introducing students in a rigorous fashion to psychoanalysis and the ways in which we might draw on and develop this tradition to help explain or clarify religious beliefs and practices? The task is made no easier by the fact that students bring with them many misperceptions about religion and equally fuzzy notions (often quite negative ones) about psychoanalysis. But we needn’t despair. My own strategy at a liberal arts institution has been to approach the materials in a largely convecsational manner, one that allows upper-division undergraduates (even those who are at first quite resistant) an important role in a discovery of the richness of both the religious and the psychoanalytic materials. Though I begin the class with an introduction to Freud’s hermeneutics and his notion of the unconscious, the majority of the assignments are designed to have students approach the psychoanalytic study of religion through Freud’s cultural texts.
Teaching Freud’s Teachings
Authors: Dittes James E
Published: November 2023

What do we want to teach when we set out to “teach Freud”? From the rich melange of themes and texts and biographies and commentaries and cases, from the prodigal Freudian legacy, what does one choose to render “Freud”? How do we decide? What criteria do we use for determining what material is “Freud”?
Editor’s Notes to the Welles Interview
Authors: Rosenbaum Jonathan
Published: November 2023

Given the virtually mythological status of Citizen Kane in Welles ‘s career, it isn ‘t surprising that it has generated by far the most debate of all his films. Two publications in particular should be cited: “Raising Kane,” by Pauline Kael, which appeared originally in two successive issues of the New Yorker (February 20 and 27, 1971) and then as a lengthy preface to the script, published later the same year (The “Citizen Kane” Book, Boston: Atlantic/Little, Brown, and Robert L. Carringer ‘s The Makins of “Citizen Kane” (Berkeley: University of California Press, 1985). Kael ‘s essay was replied to at length by Bogdanovich and Welles in a point-by point refutation published by Bogdanovich as “The Kane Mutiny” in Esquire (October 1972), which included certain portions of the previous interview. Other rebuttals included Ted Gilling ‘s interviews with George Coulouris and Bernard Herrmann in Sisht and Sound (Spring 1972), polemics by Joseph McBride (Film Heritase, Fall 1971) and myself (Film Comment, Spring 1972 and Summer 1972), and remarks in the Welles biographies by Barbara Leaming (Orson  Citizen Kane enjoyed a spectacular critical reception. American novelist John O ‘Hara, writing for Time magazine, said quite simply that it was the best motion picture he had ever seen. ‘ Other serious reviewers in this country didn ‘t debate whether or not it was unusually good, but whether or not it was a great, even revolutionary, achievement. Meanwhile, Kane was the subject of considerable controversy in Hollywood; it was nominated for nine Academy Awards but received only one, for best original screenplay by Herman Mankiewicz and Orson Welles, who were booed by detractors at the award ceremony.
Style and Meaning in Citizen Kane
Authors: Naremore James
Published: November 2023

According To Orson Welles ‘s one-time producer John Houseman, Welles was “at heart a magician, whose particular talent [lay] not so much in his creative imagination (which is considerable) as in his proven ability to stretch the familiar elements of theatrical effect far beyond their normal point of tension.” ‘ Left-handed as the compliment may seem, Welles was, among other things, a professional magician (“You know an awful lot of tricks,” Susan Alexander says to Charles Foster Kane during their first meeting, as he casts shadows on the wall to amuse her. “You ‘re not a professional magician, are your”), and his movies delight in visible trickery. In Citizen Kane, for example, the camera moves in to a close-up of a group photograph of the Chronicle staff while Kane talks about what good men they are; suddenly Kane walks right into the photo, and as the camera pulls back from the assembled journalists we find ourselves at an Inquirer party six years later. Such moments draw upon a cinema of plea-Citizen Kane enjoyed a spectacular critical reception. American novelist John O ‘Hara, writing for Time magazine, said quite simply that it was the best motion picture he had ever seen. ‘ Other serious reviewers in this country didn ‘t debate whether or not it was unusually good, but whether or not it was a great, even revolutionary, achievement. Meanwhile, Kane was the subject of considerable controversy in Hollywood; it was nominated for nine Academy Awards but received only one, for best original screenplay by Herman Mankiewicz and Orson Welles, who were booed by detractors at the award ceremony.
Peruvian Traditions
Authors: Palma Ricardo
Published: November 2023

Peruvian author Ricardo Palma (1838-1919) was one of the most popular and imitated writers in Latin America during the late nineteenth and early twentieth centuries. As head of the National Library in Lima, Palma had access to a rich source of historical books and manuscripts. His historical miscellanies, which he called “traditions,” are witty anecdotes about conquerors, viceroys, corrupt and lovelorn friars, tragic loves and notorious characters. Humor, irony and word play characterize his collection of over five hundred traditions written between 1872 and 1906, whether describing violent deeds or amorous misadventures. Unlike many of his contemporaries in the second half of the nineteenth century, Palma did not write transparent didactic fictions and defend elite cultural forms. Rather, he reveled in ironic approaches to written sources, political authorities and church institutions as well as popular speech and knowledge. Both fiction and history, Palma’s delightful Peruvian Traditions represents a hybrid literary form that constructs historical memory distinct from the dominant literary trends of the time.
The Inca’s Achirana
Authors: Palma Ricardo
Published: November 2023

In 1412 the Inca Pachacutec, accompanied by his son the imperial prince Yupanqui and his brother Capac-Yupanqui, undertook the Conquest of the Valley of lea, whose inhabitants, though peace loving by nature, lacked neither the resources nor the army to wage war. That was the wise monarch’s understanding, and before resorting to arms he proposed to the Iquefios that they submit to his paternal government. The latter willingly agreed, and the Inca and his 40,000 warriors were cordially and splendidly received by the ICans.
A Letter Sings
Authors: Palma Ricardo
Published: November 2023

Up to the middle of the sixteenth century we see the phrase “letters speak” used by the purest of Spanish prose writers, meaning that such and such a fact is referred to in letters. But all of a sudden letters weren’t content to speak, but broke into song; and even today, in order to put an end to a dispute, we are in the habit of putting a hand in our pocket and taking out a missive as we say: ‘Well, sir, a letter sings.” And we read in public the truths or lies that it contains, and the battleground is ours. Creoles don’t refer to letters as either speaking or singing, and confine themselves to saying: “a bit of paper speaks.” Last night while reading the Jesuit Acosta, who, as you know, wrote about the events of the conquest at length and in detail,1 I came upon a story and said to myself: “The phrase already appears here,” or what amounts to the same thing, even though Father Acosta doesn’t say so, he examines the origin of the little phrase in question, for which I am going to claim before the Royal Spanish Academy the honors of a Peruvianism.
The Latin of a Young Lady of Lima
Authors: Palma Ricardo
Published: November 2023

It is well known that in the system of education in the past, it was very important to make youngsters waste three or four years studying the language of Virgil and Cicero, and that in the end they were left not rightly knowing either Latin or Spanish. I am of the opinion that Heinecius with his Metaphysics in Latin, Justinian with his Institutes in Latin, and Hippocrates with his Aphorisms in Latin must have left little trace in the minds of young scholars. And I don’t say that because I think-heaven free me from talking such nonsense!-that in the past there were not eminent men learned in letters and science among us, but because it worries me to imagine a university proceeding in which a doctoral thesis, always greeted with loud applause, was read for 60 minutes, when the gathering of ladies and prominent personages who did not know the slightest thing about Nebrija and the professors who taught Duns Scotus and Digestus the Elder were sometimes left as much in the dark as the last lay brother.
Santiago the Flier
Authors: Palma Ricardo
Published: November 2023

It would be difficult to find anyone from Lima who, in his childhood at least, has not attended a puppet show. It was a Spanish woman, dona Leonor de Goromar, who in 1693 asked for and obtained the permission of the viceroy, the count of La Monclova, to put on a show that has been and will be the delight of children, and that has immortalized the names of flo1 Pancho, flo Manuelito, and flo Valdivieso, the most famous puppeteer of our day.
The Black Mass
Authors: Palma Ricardo
Published: November 2023

Onee upon a time. The air for the birds, the water for fish, the fire for the wicked, the earth for the good, and heaven for the best; and the best are the two of you, little angels of my choir, and may His Divine Majesty make you saints and watch over you by night as by day.
The Demon of the Andes
Authors: Palma Ricardo
Published: November 2023

Arevalo, a little city in Old Castile, gave birth to the soldier who by his indomitable valor, his military gifts, his exploits that border on the fantastic, his rare good fortune in combat, and his sarcastic and cruel temperament was known, in the first days of the colonial period, by the name of The Demon of the Andes. Who were his parents? Was he born on the wrong side of the blanket or the fruit of an honorable marriage? History maintains a profound silence on these points, although we have read a book in which it is stated that he was the natural son of the terrible Cesare Borgia, duke of Valentinois.
The Royalist Smells of Death to Me
Authors: Palma Ricardo
Published: November 2023

I have often heard, from the mouth of old ladies, the following catch phrase: “The royalist smells of death to me,” and as I was investigating its origin I was given the following account by a respectable elderly man who had been a lieutenant in the Alejandro Imperial Regiment number 45. I need only add that a large part of his account is consistent with the historical documents that I have been able to consult.
The Incas Who Played Chess
Authors: Palma Ricardo
Published: November 2023

The Moors, who dominated Spain for seven centuries, introduced the love of the game of chess into the conquered country. Once the expulsion of the Moors by the Catholic Sovereign Isabella was ended, it was only natural to presume that all their habits and pastimes would disappear with them. But far from it; among the heroic captains who destroyed the last bastion of lslamism, the liking for the chess board with 64 squares, or checkers as they are called in heraldry, had taken deep root.
Common Law Justice
Authors: Yarbrough Tinsley E
Published: November 2023

The Supreme Court David Souter joined in October 1990 had long been the target of a battle for its jurisprudential soul-a struggle waged, with varying degrees of intensity on and off the Court, since Chief Justice Earl Warren’s 1969 retirement. In his 1968 presidential campaign, Richard Nixon had vowed to place “strict constructionists” on the Court-justices who would overturn or substantially restrict the expansive civil liberties precedents of the Warren era. Before the Watergate scandal forced him from office, Nixon appointed Minnesota native and conservative federal appeals court judge Warren Burger, a vigorous critic of Warren Court decisions expanding the rights of criminal defendants, to replace Warren and named as associate justices Burger’s boyhood friend Harry Blackmun, distinguished Richmond lawyer and former president of the American Bar Association Lewis Powell, and William H. Rehnquist, head of the Nixon Justice Department’s Office of Legal Counsel. During his brief tenure as Nixon’s successor, Gerald Ford chose federal court of appeals judge John Paul Stevens to replace William 0. Douglas in 1975, and in 1981, Ronald Reagan nominated Sandra Day O’Connor to join the Nixon-Ford appointees and Warren Court holdovers William Brennan, Byron White, and Thurgood Marshall on the high bench.
Constitutional Nationalist
Authors: Yarbrough Tinsley E
Published: November 2023

AS David Souter Entered the second half of his first decade on the Supreme Court, his record became part of the 1996 presidential election campaign. Republican Senator Robert Dole, who would go down to defeat in a challenge to President Bill Clinton that year, selected New Hampshire governor Steven Merrill to chair his campaign. Both Dole and Merrill were opponents of abortion rights. But in an appearance on Meet the Press as the New Hampshire presidential primary approached, the governor defended Souter’s appointment to the Court by a GOP president, despite the justice’s reaffirmation of Roe v. Wade’s essence in the Casey plurality opinion. Terming Souter the “kind of justice that I would hope President Dole would appoint, from an intellectual point of view,” Merrill professed “enormous respect” for Souter. While conceding that they disagreed on the abortion issue “perhaps...more than I initially realized that we did,” he also contended that a court candidate’s abortion stance should not be a “litmus test” for judicial fitness. Instead, said Merrill, “we ought to use a litmus test of quality and integrity and intellectual substance, and certainly David Souter has those.” The governor also defended Dole’s Senate votes supporting President Clinton’s nomination of Ruth Bader Ginsburg and Stephen Breyer, two abortion supporters, to the Court.
Traditional Republican
Authors: Yarbrough Tinsley E
Published: November 2023

In The Fall Of 2000, when David Souter began his second decade on the Court, the nation was in the final months of what was to become the closest presidential race in history. The justice’s record had already become something of an election issue that year, although not as a Democratic weapon against the GOP. Instead, Souter was a target in the continuing efforts of the modern Republican Party’s most conservative elements to purge the influence of the GOP’s northeastern wing, with its traditional roots in the Civil War, abolition, and Reconstruction, and its moderately liberal positions on civil rights and other social issues.
To the End of the Night
Authors: Nnajder Zdzisaw
Published: November 2023

On 24 April 1890, a few days before Conrad returned to Brussels from Poland, Henry Morton Stanley, the famed nineteenth-century traveler, delivered a speech in the building of the Brussels Exchange. He had just arrived in great triumph after a successful expedition for the relief of Emin Pasha, who had been cut off by the Mahdist revolt. “What does the greatness of a monarch consist in?” he asked. “If it is the extent of his territory, then the Emperor of Russia is the greatest of all. If it is the splendour and power of military organization then William II takes first place. But if royal greatness consists in the wisdom and goodness of a sovereign leading his people with the solicitude of a shepherd watching over his flock, then the greatest sovereign is your own.”
The Typescript of “The Heart of Darkness”
Authors: Michael Marion , Berry Wilkes
Published: November 2023

Conrad began writing the story first called “The Heart of Darkness” in mid-December 1898 and finished the first draft, represented by the fragmentary holograph, in early February 1899.1 In addition to the holograph, now located at Yale, another pre-publication state of “The Heart of Darkness” exists, a fragmentary typescript which was among the items in the William T. H. Howe Collection purchased by Dr. Albert A. Berg in 1940.2 A study of this typescript provides the textual scholar with information that is vital to his understanding of the stages in the early history of the transmission of the story and thus ultimately to his establishing an authoritative text. Further, a comparison of the readings of the typescript, reflecting internal revisions in both accidentals and substantives, against the readings of the holograph and the serial printing in Blackwood’s Edinburgh Magazine allows one to gauge Conrad’s evolving thoughts about the rendering of an idea and to realize the great care which Conrad gave to finding the right words, in the right order, to suit his artistic purposes.
Letter to Frederick Douglass
Authors: Stowe Harriet Beecher
Published: November 2023

SIR,—You may perhaps have noticed in your editorial readings a series of articles that I am furnishing for the “Era” under the title of “Uncle Tom’s Cabin, or Life among the Lowly.”

In the course of my story the scene will fall upon a cotton plantation. I am very desirous, therefore, to gain information from one who has been an actual laborer on one, and it occurred to me that in the circle of your acquaintance there might be one who would be able to communicate to me some such information as I desire. I have before me an able paper written by a Southern planter, in which the details and modus operandi are given from his point of sight. I am anxious to have something more from another standpoint. I wish to be able to make a picture that shall be graphic and true to nature in its details. Such a person as Henry Bibb, if in the country, might give me just the kind of information I desire. You may possibly know of some other person. I will subjoin to this letter a list of questions, which in that case you will do me a favor by inclosing to the individual, with the request that he will at earliest convenience answer them.
Letter to Mrs. Follen
Authors: Stowe Harriet Beecher
Published: November 2023

My dear madam,—I hasten to reply to your letter, to me the more interesting that I have long been acquainted with you, and during all the nursery part of my life made daily use of your poems for children. I used to think sometimes in those days that I would write to you, and tell you how much I was obliged to you for the pleasure which they gave us all.

So you want to know something about what sort of a woman I am! Well, if this is any object, you shall have statistics free of charge. To begin, then, I am a little bit of a woman,—somewhat more than forty, about as thin and dry as a pinch of snuff; never very much to look at in my best days, and looking like a used-up article now.
The Civil Law
Authors: Fletcher George P , Sheppard Steve
Published: November 2023

Before we go further in developing an understanding of the common law, it will be useful to contrast its methods with those of the civil law. The identity of “civilian lawyers” is born when they go abroad. It is a little like being an “African.” Only when the Kenyan or Nigerian (or, the Kikuyu or Yoruba) comes to another continent does she begin to think of herself as an African. The same thing is true of lawyers in Italy, Spain, France, Germany, Korea, and Japan. The sense that they all belong to the same “legal family” is acquired when they leave their homeland and confront the other family, the common law. The Francophones of Québec think of themselves as adherents of the “civil law” only because they are confronted on a daily basis with the “other”—the Anglophone common lawyers. But the Germans and French and Spaniards read few contemporary books about the “civil law” and do not use a term in their respective languages to refer to themselves as “civil lawyers.” Their common identity is geographical, not legal. They think of themselves most likely as Germans, French, or Spaniards or, increasingly, as “Europeans”— perhaps as “Continental Europeans” to distinguish themselves from the English, Scots, and Irish.
The Language of Law Common and Civil
Authors: Fletcher George P , Sheppard Steve
Published: November 2023

The exact differences between law in the English-speaking world and law originating in the countries on the European continent remain disputed, but we may continue to work with the labels classifying legal systems as “common law” and “civil law.” We have probed the matter sufficiently to know that language plays a major role in generating the distinctive personality of each family of legal systems. Discussing law in English differs in fundamental respects from parallel conversations in French, German, and other Continental languages. The purpose of this chapter is to alert students to the particularities of English as a legal language.
The Constitution as Code
Authors: Fletcher George P , Sheppard Steve
Published: November 2023

The words of the Constitution are treated as nearly sacred. Read this abridged version very carefully, and then answer the questions posed at the end of the chapter. We the people of the United States, in order to form a more perfect Union, establish justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.
Judicial Review
Authors: Fletcher George P , Sheppard Steve
Published: November 2023

In the early nineteenth century, no facet of U.S. law distinguished American law more from civilian legal systems—indeed, from many common law systems—than did the institution of judicial review, the idea that courts have the authority to review the acts of legislatures or officials and to declare void statutes and orders that conflict with the Constitution. Our sense of this institution is rooted in the famous case of Marbury v. Madison, and therefore we shall refer to it as judicial review in the Marbury sense or judicial review over legislation. The same power of review is held by the various state courts, which measure state laws and official actions under both the federal and state constitutions. Judicial review over legislation is distinct from the power of courts to review and overrule administrative decisions. This is also called “judicial review” in Great Britain, where the courts are not thought to have the power of judicial review over acts of Parliament.
Federalism
Authors: Fletcher George P , Sheppard Steve
Published: November 2023

There is a major difference between the Supreme Court’s reviewing the constitutionality of an act of Congress and the Court’s reviewing the states’ interpretations of federal law. Under the supremacy clause, there is little doubt that federal law trumps inconsistent state law. The Court’s power to review state court decisions about federal law was settled in 1816 in Martin v. Hunters Lessee (14 U.S. 304). In that case, the Court interpreted and applied a treaty of 1783 that protected Lord Fairfax’s claim to certain pieces of land in Virginia.
The Frontiers of Property
Authors: Fletcher George P , Sheppard Steve
Published: November 2023

The concept of property is central to American legal thinking. This follows from several legal propositions that attach more significant legal consequences to property than to contract rights. One of the primary propositions is the constitutional principle that neither the states nor the federal government may deprive one of property without due process of law. As a result of this idea, there is an enormous push to regard various government benefits as property rights. Social security, welfare payments, unemployment insurance, Medicaid—they could all be treated as vested property rights rather than as mere statutory entitlements. Calling them “property” raises procedural barriers to the government’s denial of payment in particular cases: The officials must meet the standards of “due process”; they cannot simply decide that A deserves benefits and B does not. In an influential article written in the liberal spirit of the 1960s, Charles Reich introduced the term “the new property” to refer to these governmental entitlements.
Contract as Justice
Authors: Fletcher George P , Sheppard Steve
Published: November 2023

For the time being at least, contracts are alive and well. They testify to an important liberal principle, namely, that people can come together as strangers and voluntarily commit themselves to an agreement that takes the place of the law between them. The final contract, whether it is written or spoken, is not the only manner in which the law acknowledges voluntary actions that give rise to commitments a stranger may enforce. In the common law, such commitments may arise through conduct on which another person has a right to rely, or act in detrimental reliance. This right of reliance may occur as a result not just of the making of a contract but also of the negotiation and conduct prior to a contract. In the process of negotiating a contract, the negotiators establish a relationship, and they come to expect certain behavior of their negotiating partners. This relationship is particularly important in the civil law, and we will illustrate the common law aspect of it through its civilian counterpart.
Economic Efficiency
Authors: Fletcher George P , Sheppard Steve
Published: November 2023

Traditional ideas of justice and morality in the law now face a radical challenge from economists and economically trained lawyers. Every good law school faculty now includes at least one scholar trained in a field called “law & economics” (L&E, for short).1 A novel form of interdisciplinary research has become a movement. In some areas, such as antitrust and unfair competition law, economic understanding is indispensable. But the devotees of L&E make their most challenging contributions in other fields of law where economics has had, until recently, no apparent bearing. The battleground for this new way of thinking about law has been torts or accident law.
From Contributory to Comparative Fault
Authors: Fletcher George P , Sheppard Steve
Published: November 2023

All of private law and criminal law reduce to two basic models of human interaction. One model is illustrated by the plaintiff sitting in his living room when an airplane crashes into his house, causing injury to him and damage to the house. Call this the model of aggression. The alternative is typified by the automobile accident in the case selected for this chapter, Li v. Yellow Cab. Two cars collide on the highway. Neither is the apparent aggressor. They are interacting parties. And the question is, When both parties contribute to the accident, how do you decide which should pay for it?
Self-Defense: Domestic and International
Authors: Fletcher George P , Sheppard Steve
Published: November 2023

As self-defense was the central issue in the Goetz case, it is also the anchor that orients the law of war. Military aggression is prohibited under international law, but the use of military force in self-defense is permissible under the United Nations Charter Article 51. At some point, prohibited military aggression becomes justifiable self-defense. The activity might look exactly the same, with battles on the ground and in the air, but the legal valence is just the opposite. The problem for lawyers is fathoming the point of transformation when aggression becomes self defense. The classification might be controversial. Consider the Israeli defense against Egypt in 1967; some people claim that the Six Day War was a war of aggression. Or judge the American invasion of Iraq in 2003.
Causes and Correlates of Police Corruption
Authors: Ivković Sanja Kutnjak
Published: November 2023

For a long time, the dominant explanation of police corruption relied on the characteristics of individual police officers. It was believed that police officers engaged in corruption because of their low moral values. Once their corrupt behavior became public knowledge, the administrators were quick to point to these police officers as “rotten apples.” The remedy was to blame them, discipline them harshly (typically by firing them), and proclaim the agency to be otherwise clean.
Corruption Control Detection, Investigation, and Discipline
Authors: Ivković Sanja Kutnjak
Published: November 2023

Although a variety of control mechanisms — from the police agency itself to the courts, mayors, media, and independent commissions—have been put in place to prevent police corruption, police scandals from New York (Mollen Commission, 1994) to Los Angeles (Los Angeles Police Department, 2000) and from Chicago (Warmbir, 2001, p. 6) to Miami (Burns & Sechrest, 1992) suggest that police officers do engage in organized and serious corruption. This chapter and the next chapter analyze the existing mechanisms of corruption control and the reasons for their lack of success. Especially illustrative cases are those of police agencies characterized by widespread and organized corruption.
Truth and Consequences: The Penalty of Death
Authors: Marquis Joshua K
Published: November 2023

I come to the debate over capital punishment with a very different background from my learned colleagues in this book. I am neither a scholar, a jurist, nor a crusader for the wrongly accused. I have spent most of the last 20 years as a prosecutor; in the last decade I’ve served as an elected district attorney who answers to the voters every four years, and I’ve made very personal decisions about capital punishment. In the previous decade, I was the chief deputy-the number two person-in two other prosecutors’ offices. In both jobs I was assigned, or later assigned to myself, the job of handling all murder cases, including the worst of them: capital cases, or what in many states is called “aggravated murder.”
Wahhabi Islam
Authors: Delong-bas Natana J
Published: November 2023

Before 9/11, few Westerners had heard of Wahhabism. Today, it is a household word. Frequently mentioned in association with Osama bin Laden, Wahhabism is portrayed by the media and public officials as an intolerant, puritanical, militant interpretation of Islam that calls for the wholesale destruction of the West in a jihad of global proportions. In the first study ever undertaken of the writings of Wahhabism’s founder, Muhammad Ibn Abd al-Wahhab (1702-1791), Natana DeLong-Bas shatters these stereotypes and misconceptions. Her reading of Ibn Abd al-Wahhab’s works produces a revisionist thesis: Ibn Abd al-Wahhab was not the godfather of contemporary terrorist movements. Rather, he was a voice of reform, reflecting mainstream 18th-century Islamic thought. His vision of Islamic society was based upon a monotheism in which Muslims, Christians and Jews were to enjoy peaceful co-existence and cooperative commercial and treaty relations. Eschewing medieval interpretations of the Quran and hadith (sayings and deeds of the prophet Muhammad), Ibn Abd al-Wahhab called for direct, historically contextualized interpretation of scripture by both women and men. His understanding of theology and Islamic law was rooted in Quranic values, rather than literal interpretations. A strong proponent of women’s rights, he called for a balance of rights between women and men both within marriage and in access to education and public space. In the most comprehensive study of Ibn Abd al-Wahhab’s interpretation of jihad ever written, DeLong-Bas details a vision in which jihad is strictly limited to the self-defense of the Muslim community against military aggression. Contemporary extremists like Osama bin Laden do not have their origins in Wahhabism, she shows. The hallmark jihadi focus on a cult of martyrdom, the strict division of the world into two necessarily opposing spheres, the wholescale destruction of both civilian life and property, and the call for global jihad are entirely absent from Ibn Abd al-Wahhab’s writings. Instead, the militant stance of contemporary jihadism lies in adherence to the writings of the medieval scholar, Ibn Taymiyya, and the 20th century Egyptian radical, Sayyid Qutb. This pathbreaking book fills an enormous gap in the literature about Wahhabism by returning to the original writings of its founder. Bound to be controversial, it will be impossible to ignore.
Islamic Law: Separation of the Divine from the Human
Authors: Delong-bas Natana J
Published: November 2023

Similar to the Jewish emphasis on adherence to the law, as outlined in the Torah, adherence to Islamic law has served as one of the distinguishing characteristics of the Muslim faith historically. Muslims across the centuries have believed in the importance of living out the implications of their proclaimed faith as outlined in the Quran and hadith and have devoted significant scholarly space and attention to the elaboration of Islamic law. Islam’s emphasis on orthopraxy (correct behavior) is reflected in the legal literature of Muhammad Ibn Abd al-Wahhab.
The Trajectory of Wahhabism: From Revival and Reform to Global Jihad
Authors: Delong-bas Natana J
Published: November 2023

Ibn Abd al-Wahhab’s narrow and restricted discussion of jihad raises an important question: how do contemporary movements whose proclaimed goal is to carry out unlimited, global jihad against unbelievers derive inspiration from Ibn Abd al-Wahhab? If, as was argued in the previous chapter, Ibn Abd al-Wahhab sought to limit the scope and involvement of the Muslim community in jihad as holy war, how can contemporary extremists like Osama bin Laden use Ibn Abd al-Wahhab’s ideology to justify their global jihad against the United States and American interests? Is contemporary extremism part of a long historical tradition or is it a recent phenomenon that has developed due to particular contextual circumstances? Answers to these questions require a comparison of Ibn Abd alWahhab’s writings on jihad with writings of other Muslim scholars, both past and present, in order to clarify his context and interests in addressing the topic. The contextualization of his thought on jihad in the broader Islamic tradition combined with an appreciation for the changing environment in which Wahhabism developed over time provides clues as to how his writings have been reinterpreted and even distorted in the contemporary era in order to justify activities that were not part of his world.
Mark Twain
Authors: Ziff Larzer
Published: November 2023

Mark Twain towered above the American literary landscape. With a worldwide fame greater than that of statesmen, scientists, or entertainers, Twain was in his own words “the most conspicuous man on the planet.” Now, in this wonderful recounting of his career, Larzer Ziff offers an incisive, illuminating look at one of the giants of American letters. Mark Twain emerges in this book as something of a paradox. His humor made him rich and famous, but he was unhappy with the role of humorist. He satirized the rapacious economic practices of his society, yet was caught up in those very practices himself. He was a literary genius who revolutionized the national literature, yet was unable to resist whatever quirky notion or joke that crossed his mind, often straying from his plot or contradicting his theme. Ziff offers a lively account of Twain’s early years, explores all his major fiction, and concludes with a consideration of his craftsmanship and his strength as a cultural critic. He offers particularly telling insight into Twain’s travel writings, providing for example an insightful account of Following the Equator, perhaps Twain’s most underrated work. Throughout the book, Ziff examines Twain’s writings in light of the literary cultures of his day--from frontier humorists to Matthew Arnold--and of parallel literary works of his time--comparing, for example, A Connecticut Yankee with major utopian works of the same decade. Thus the book is both a work of literary criticism and of cultural history. Compact and sparkling, here then is an invaluable introduction to Mark Twain, capturing the humor and the contradictions of America’s most beloved writer.
Tourist
Authors: Ziff Larzer
Published: November 2023

Mark Twain Achieved His First Great Literary Success, And It was enormous, with the publication in 1869 of The Innocents Abroad, a travel book that, in effect, upended the genre. Previous to its appearance, travel writers had typically offered serious instruction through a mixture of weighty objective descriptions and earnest subjective impressions. Far from innocent of instructive intent, Innocents Abroad was, nevertheless, blithesome and satiric. Throughout its 651-page length Twain demonstrated that his celebrated jumping frog story had not been a novelty but was the opening salvo in the campaign of a major literary figure.
Retribution of Good Deeds
Authors: Kohn Livia
Published: November 2023

The Scripture says: Whoever generously produces scriptures and sacred images, erects monasteries and sponsors ordinations, gives donations and honors the precepts and purgation periods, prays for the dead and helps save the living, who furthermore universally rescues all beings, greatly [YYJ: swears the vow, establishes great fields of blessedness, never cuts off his roots of goodness,] spreads happiness and goodness, and benefits and increases the multitude of living creatures, will be born in the body of an emperor and ruler of a country.
Conditions for Ordination
Authors: Kohn Livia
Published: November 2023

The Rules say: The Dao is spread through people; the teaching is attained by following the masters. Unless efforts are made to ordain people, the bridge of the divine law is broken. For this reason, the spreading of the teaching lies first with ordaining people.
Ritual Implements
Authors: Kohn Livia
Published: November 2023

The Rules say: Ritual implements are first in the presentation of offerings and form the foundation of the dignified observances of all Daoists, male or female. They cannot be left aside. All that is necessary for handling the scriptures, especially in the monastery [halls] but also in personal cells, at any occasion when offerings are being presented, the [utensils necessary] are comprehensively called ritual implements.
Reciting the Scriptures
Authors: Kohn Livia
Published: November 2023

When you first enter the hall, perform incantations and ablutions as prescribed by the divine law. Offer incense three times, then circumabulate the scripture once all the way round, and again offer incense three times. Depending on your rank either fold your hands [on your chest] or hold your ritual tablet, then, with erect posture, each bow in respect [and say]:

With all my heart, I knock my head to the Highest Non- Ultimate Great Dao!

With all my heart, I knock my head to the worthy scriptures in thirty-six sections!

With all my heart, I knock my head to the great preceptors of the mysterious center!

While intoning this formula, kneel on your seat as prescribed by the divine law, then sprinkle purified water. This done, one [specially selected] person takes incense and swings it for fumigation and purification. Thereafter he brings out the scripture and again swings the incense to fumigate.
Lecturing on the Scriptures
Authors: Kohn Livia
Published: November 2023

The preceptor washes and rinses, then dons his headdress and belt as prescribed by the divine law. A disciple holding incense and flowers bows to him and requests to be guided [in the teaching], using the formula prescribed in the Rules. Then the preceptor climbs to the mat before the scriptures and sacred images and collects his mind, standing upright with an incense burner in his hands.
Formal Ordinations
Authors: Kohn Livia
Published: November 2023

As the time of the purgation ceremony approaches, the ordinands line up at the bottom of the [altar] stairs. Facing west, they bid farewell to their fathers and mothers and give thanks to their nine mysterious [forebears], bowing altogether twelve times. Then they turn to face north and bow to the emperor four times. The reason for this is that, once they have donned the ritual vestments of the Heavenly Worthies, they will never again bow to parents or worldly rulers. Therefore, when anyone joins the Daoist community, he or she must first bid farewell and give thanks.
Compassionate Assistance
Authors: Kohn Livia
Published: November 2023

The Rules say: After becoming an ordained monk (or nun), always make compassion foremost. In each affair, serve with your whole heart and always bring forth loving mindfulness. Whether walking, sitting, lying down, or resting, constantly think of being of assistance in the salvation [of all]. Among all the myriad activities, this is the most urgent. If you fail to comply with this behavioral [attitude], you cannot attain the Dao. Failure to comply carries a subtraction of 1,600 [days of life].
“This Indian World” An Introduction to the Writings of Samson Occom
Authors: Brooks Joanna
Published: November 2023

For decades, the round box fashioned from the bark of an elm tree and entwined with elaborately carved vines, leaves, and dotted lines was catalogued among the holdings of the Peabody Essex Museum in Salem, Massachusetts, as a typical example of early Native New England handicraft. But emissaries of the Mohegan Nation who visited the museum in 1995 to survey its holdings for possible repatriation saw something more: an important document of a pivotal moment in their tribal history. They took photographs of the elm bark box back to Mohegan territory in Connecticut, to the home of tribal medicine woman Gladys Tantaquidgeon, then 96 years old. Tantaquidgeon recognized in its carved dots and lines traditional symbols of Mohegan migration, and she searched deep within the collective memory of the tribe to remember the particular migration story this box had been carved to record.