bluuebunny/crossref_metadata_2025 huggingface dataset:
The Archival Turn
Authors: Kim Jihoon
Published: January 2024

This chapter examines the ways in which several Korean documentary films in the 2010s use archival footage of the distant or recent histories of Korea. Here I characterize the recent Korean documentary’s increasing uses of found footage as the “archival turn” and argue for its two implications. First, this term suggests that the extensive uses of found footage allow filmmakers to develop other modes of documentary filmmaking—compilation documentary, essay film, and metahistorical documentary—besides the participatory mode distinguished by the supremacy of the camera’s immediate, on-the-spot witnessing of reality. Second, this term indicates that Walter Benjamin’s idea of “material historiography” is shared by the filmmakers, as their appropriation, reassessment, and manipulation of found footage are motivated by the desire to endow it with a new historical perspective in relation to their engagement with the politics of the present. That is, the filmmakers’ attempts to reread archival materials are justified by their impulse to engage a series of contemporaneous social events that have triggered collective memories of a past, including “memory wars” that have centered around the ideological conflict regarding the status of the Gwangju Uprising, feminist social movements, the Youngsan Massacre, and labor struggles against the neoliberal employment system.
Epilogue
Authors: Kim Jihoon
Published: January 2024

The book’s epilogue furnishes two afterthoughts on Korean documentary cinema over the last forty years. The first is to recapitulate the idea of post-activist turns in terms of the shifting constellation of aesthetics and politics, with the examples of The Remnants (Kongdongjŏngbŏm, Kim Il-rhan and Lee Hyuk-sang, 2016) and The 2nd Repatriation (2ch’a songhwan, Kim Dong-won, 2022). If this reflects the internally dynamic processes of differentiation and border-crossing in Korean nonfiction film and video practices, the second presents a prospect for future inquiry into the external boundaries of Korean documentary cinema as a specific construct of national cinema in terms of its transnational encounters or diasporic drifting, with several examples of Korean diaspora filmmakers and the films that trace and reconstruct the inter-Asian network of common yet differing experiences.
Phenomenal Intentionality
Authors: Pitt David
Published: January 2024

This chapter presents a series of problems for Dretske-inspired causal-informational-teleological theories of conceptual intentionality, which I take to be the best hope for the naturalization of intentionality. It argues that these problems arise from the exclusion of the subjective aspects of intentionality, and that the phenomenal-intentionalist approach avoids them. This approach is resolutely internalist, and as such is very much against the grain of recent mainstream analytic philosophy of mind (and language). The chapter presents two arguments for internalism about thought content, one based on the possibility of propositional hallucination, and one based on the impossibility of propositional illusion.
The Experience of Thinking
Authors: Pitt David
Published: January 2024

This chapter offers a precise characterization of, and two arguments for, the thesis that there is a proprietary, distinctive and individuative experience of thinking that constitutes the content of concepts and thoughts, and responds to objections to them. One of these arguments is epistemological, the other metaphysical. The epistemological argument claims that we have a capacity for a kind of first-person knowledge of the contents of conscious occurrent thoughts that we would not have if there were no such phenomenology. The metaphysical argument claims that since all non-conceptual kinds of conscious states, as well as differences within them and the identities of their tokens, are individuated phenomenally, the same should be true for conscious conceptual states. The chapter also provides a brief critique of the popular “phenomenal contrast” strategy before addressing three arguments against the existence of cognitive phenomenology. It ends by addressing some internal worries for the thesis, viz., the possibility of shared intentional content between perceptual and conceptual states, phenomenal compositionality and context effects, and the immediate availability of complex conceptual contents.
Unconscious Thought
Authors: Pitt David
Published: January 2024

This chapter addresses the problem of unconscious thought for the thesis defended in the book: if thought content is experiential, then if there are unconscious thoughts, there must be unconscious experience; but it’s doubtful that there is such a thing. It considers and rejects several strategies for accommodating unconscious phenomenology as “as-if” phenomenology. It offers three arguments for unconscious phenomenology and one for “unconscious consciousness,” and sketches a view on which unconscious, contentless brain may be “programmed,” by evolution or by the conscious mind, in such a way that some of its processes occur in accordance with rational principles defined over intentional contents, both of which can only be grasped in conscious thought.
Delusion and Self-Knowledge
Authors: Miyazono Kengo
Published: January 2024

The main claim of this chapter is that delusions provide a useful test case for investigating the nature of self-knowledge. A successful account of the self-knowledge of attitude-types needs to be coherent with the conjunction of two facts about delusions: the fact that people with delusions identify their delusions as beliefs (“Doxastic Recognition”), and the fact that delusions do not play the doxastic functional role (“Non-Doxastic Function”). This test in itself does not enable us to single out the true theory of self-knowledge, but it does enable us to narrow down the options. In particular, the view that self-knowledge of attitude-types is achieved by tracking functional roles (“Tracking Function”) does not pass this test. This implies the failure of the theories of self-knowledge that are associated with Tracking Function, such as the boxological monitoring theory (Nichols and Stich 2003) and the self-interpretation theory (Carruthers’s 2009, 2011). As an alternative to Tracking Function, the author defends the view that self-knowledge of attitude-types is achieved by tracking phenomenology (“Tracking Phenomenology”). Unlike Tracking Function, Tracking Phenomenology passes the test; it is coherent with the conjunction of Doxastic Recognition and Non-Doxastic Function.
Religious Imaginings
Authors: Ichino Anna
Published: January 2024

In this chapter the author contends that many instances of religious attitudes are best characterized as imaginings. Having discounted some apparently obvious reasons to classify them as beliefs as well as Van Leeuwen’s reasons to classify them as “credences”, the author argues that their functional profile matches neatly that of paradigmatic imaginative states. This view does not have the undesirable consequences that it may prima facie seem to have. It does not force us to say that religious people are hypocrites, nor that they have faulty self-knowledge. On the contrary, it helps us to make more rational sense of their sincere religious avowals. This view also fits nicely with some recent accounts of the multidimensional nature of faith, laying the basis for a more comprehensive picture of the religious mind.
Delusions and Everyday Life
Authors: Lavin Douglas , O’Brien Lucy
Published: January 2024

This chapter aims to get away from the ‘psychological attitude’ approach framing current philosophical discussion of delusion. The authors ask not what kind of attitude a delusion is—a belief or an imagination? Something else?—as if it were already clear what the ‘content’ of a delusion could be. They aim instead to shift attention to the question of the ‘object’ of delusions. What is delusion of? What is the object of this form of thinking? This focus on a delusion’s object, over its attitudinal nature, is partly motivated by a desire properly to connect delusory thought with ordinary forms of fantastical thinking that are ubiquitous in the experiences faced by reflective humans in everyday life. The authors aim at securing a continuity, in a way that much extant discussion of delusion fails to, between delusory thought with more ordinary forms of thinking present in, for example, fantastical or magical thinking. Exploring familiar expressions of such thinking, especially those involved in love and loss, enables us to bring out the way in which such expressions convey forms of affective self-consciousness—that have the subject and her relations as an object—that are not naturally taken as reports liable to investigation as true or false. This raises the question about how to think about what someone is doing when they give expression to a delusion
Irrationality and the Failures of Consciousness
Authors: Noordhof Paul
Published: January 2024

It is typical to think that delusion lies at the extreme end of epistemic or procedural irrationality. Setting aside those cases of delusion that involve self-deception, in fact, self-deception involves greater epistemic irrationality and/or more significant procedural irrationality than delusion. The fact that a self-deceptively favoured belief is threatened when it is the object of conscious attention along with the psychological history that led up to its adoption is mistakenly taken to show that the self-deceived are not lost to reason in the way that the deluded are but rather that the self-deceived are irrational in a way that those with delusions are not. A central process of belief formation—doxastic deliberation—has two distinctive features: transparency and uncontrollability. Explanations typically offered of these features appealing to different ways in which belief is linked to truth—appealing to different kinds of teleology or normativity—or conditions on action fail. Instead, the explanation of these two features lies in the fact that conscious attention makes manifest the attractiveness of being disposed to act upon what we take to be true and the unattractiveness of being disposed to act upon what we take to be false. Many monothematic delusions derive from anomalous experiences that draw the subject’s attention. They are a consequence of the epistemic weight that attending consciously gives to what is presented as true along with a difficulty in attending specifically to things that don’t have the same impact upon our attention. These are mundane features of normal subjects. By contrast, the distinctive instability of the self-deceptively favoured belief reveals the substantial epistemic and procedural irrationality involved.
Collegiality in the European Commission
Authors: Patrin Maria
Published: January 2024

The book investigates the principle of collegiality in the European Commission. Collegiality is a principle of primary law enshrined in the Treaties and recognized by the Court of Justice of the EU. It ensures the Commission’s independence from EU Member States and it acts as a safeguard to the Commission’s supranational character. Under the principle of collegiality, all commissioners are equal in the adoption of decisions and they bear collective responsibility for these decisions. The book approaches collegiality from an innovative pluri-disciplinary and law-in-context perspective, which looks at both the legal framework and the institutional practice. The first part of the book is devoted to the legal analysis of collegiality. It retraces collegial procedures and actors in the different layers of the Commission’s decision-making. The second part of the book explores the implementation of collegiality through illustrative case studies on different Commission’s functions, including legislative initiative, executive rule-making, infringement proceedings, competition, and economic governance. The empirical analysis unveils a disconnect between the legal notion of collegiality and its concrete application in institutional practices. Formally, the college of commissioners adopts all decisions. Behind the scenes, however, collegiality is implemented with different intensities and in different manners depending on the functions performed by the Commission. These variations raise the normative question of how to ensure the unity of the Commission as a collegial body despite the diversification of decision-making functions. They also invite a re-examination of the Commission’s multifaceted role in the current EU institutional, legal, and political setting.
The Legal Sources of Collegiality Between Legal Rules and Institutional Practices
Authors: Patrin Maria
Published: January 2024

The chapter reviews collegiality’s legal sources and investigates their relationship with institutional practices which have developed aside, or in parallel to, legal rules. The analysis encompasses primary law provisions on collegiality, internal Commission documents such as the Rules of Procedure, the commissioners’ Code of Conduct, and the Commission’s Working Methods, and interinstitutional agreements laying out the political accountability of the Commission before the European Parliament. Institutional practices analysed include: the Spitzenkandidaten procedure, the commissioner-candidate hearings in the European Parliament, and the resignation of commissioners. The analysis points to a dynamic relationship between legal rules and institutional practices, whereby the latter sometimes derive their legitimacy from the former, yet sometimes they go beyond, or even stand in opposition to, them.
The Commission’s Functions in Economic Governance
Authors: Patrin Maria
Published: January 2024

In this chapter I argue that the regulatory overhaul of economic governance following the euro-crisis and the Covid-19 pandemic has endowed the Commission with a new function, which can hardly be subsumed under any of the traditional ones—but which uses them in novel combinations. In fact, the Commission exercises legislative initiative by proposing corrective measures, it acts as the watchdog of EU law, and it establishes the medium- to long-term vision for the development of economic governance. All this within a single, collegial body. The chapter retraces the European Semester procedures and examines the changes enacted after the pandemic. It shows that the Commission’s different functions in economic governance combine technical and independent assessment with political decisions that have an enormous impact on the Member States. The challenge is how to make the polymorphous nature of these functions compatible with the Commission’s collegial decision-making.
Cannabis and the Life Span of Moral Panics
Authors: Heidt Jon , Wheeldon Johannes
Published: January 2024

This chapter reviews the moral panics around cannabis. It begins by considering the dramatization of evil and updates the moral panic construct by assessing various critiques that have emerged. The moral panic thesis gained traction as an example of the constructionist framework that explained how moral guardians construct, amplify, and exaggerate deviance through the media. This chapter updates the moral panic concept by suggesting a broader construction due to a changing media environment. By exploring the lifespan of moral panics around cannabis use and their overlapping nature, we present a model that attempts to account for the indeterminate and volatile nature of many contemporary moral panics. This includes the rise of participatory disinformation, which informs, and is informed by, current moral panics.
Regulatory Models of Cannabis Policy
Authors: Heidt Jon , Wheeldon Johannes
Published: January 2024

This chapter explores five regulatory models that guide contemporary cannabis policy. We organize these models based on public safety, public health, medicinal cannabis, consumer cannabis, and racial justice. First, we assess each by focusing on fundamental assumptions, operational goals, and practical outcomes. Next, we consider the impacts of each of these models by applying them to jurisdictions where cannabis has been depenalized, decriminalized, and legalized. This includes Australia, Canada, the Netherlands, Portugal, the United Kingdom, and the United States. Decriminalization is generally linked with investments in public health and often leads to increased access to medicinal cannabis. However, while consumer cannabis is emerging, efforts to adopt a meaningful racial justice model are nearly nonexistent.
Stan Cohen and the Limits of the Cannabis Revolution
Authors: Heidt Jon , Wheeldon Johannes
Published: January 2024

This chapter examines the limits of cannabis reform based on the work of Stan Cohen and specifically his view that rather than receding, state power often spreads, expands, or transforms. By focusing on the contagious nature of social control, we show that despite liberalization, efforts to govern cannabis, and the people who use it, are not limited to formal contacts with the criminal justice system. They extend to various diversion schemes, including drug and education treatment programs. Moreover, it is present within nascent efforts to regulate legal cannabis, which allows the state to replace carceral commitments with regulatory burdens. This constrains rather than advances cannabis reform. We consider the impacts of illusory reform in Australia, Canada, the Netherlands, Portugal, the United Kingdom, and the United States. Around the world, cannabis control is shifting, reconstituting, and expanding.
Three Eras of Cannabis Research
Authors: Heidt Jon , Wheeldon Johannes
Published: January 2024

This chapter presents three distinct eras of cannabis research. While early research that established the relative harmlessness of cannabis did little to shape national and international policy, by the second era, the War on Drugs and international conventions ensured cannabis research focused on risks and made claims that have proven difficult to validate. In addition, studying illicit substances means accepting too many confounders, such as conflating the psychopharmacological danger for people who use cannabis with the risks associated with engaging with illegal markets. Finally, changing the legal status of cannabis has opened the door to more nuanced examinations of stigma and public safety, coercion and public health, the value of medical cannabis, and the complications of consumer cannabis and racial justice. To avoid the problems of past research, we present cannabis research since 2018 and explicitly focus on research from jurisdictions where cannabis is legal.
Cannabis Policy, Harm Reduction, and Meaningful Decriminalization
Authors: Heidt Jon , Wheeldon Johannes
Published: January 2024

Cannabis policy is evolving around the world. This chapter presents a model of meaningful cannabis decriminalization that creates the conditions under which a legalized regulated model is more likely to succeed. We begin by highlighting three efforts to regulate illicit drugs. These include legalization, criminalization, and depenalization. Next, we link these efforts to our previous efforts to consider distinct cannabis regulatory models and explore categories of cannabis policy-based harm. Finally, we argue that adopting a harm reduction approach requires reckoning with concepts like tolerance and aversion. While expanding tolerance is a noble goal, it first requires regulating aversion. Our model of meaningful decriminalization de-emphasizes public safety models and recalibrates public health models to avoid expanding social control in the name of cannabis policy reform.
Legalization, Polymorphic Governance, and Barriers to Cannabis Policy
Authors: Heidt Jon , Wheeldon Johannes
Published: January 2024

This chapter considers the potential for benefit maximization to guide legal and regulated cannabis. While decriminalization is an example of legal renegotiation, moral questions complicate efforts to move toward cannabis legalization. In place of monomorphic governance models, we focus on linking racial justice with medical and commercial cannabis. This polymorphic model of cannabis governance is designed to expand consumer and medical cannabis, compete with illicit markets, and offer a pragmatic means to engage questions of racial equity. We reconcile tensions between commerce and control, liberty and safety, and justice and fairness by realigning the five regulatory cannabis models, identifying barriers to this approach, and offering examples of how covert control might be constrained.
The Renaissance Battle for Rome
Authors: de Beer Susanna
Published: January 2024

The Renaissance Battle for Rome examines the rhetorical battle fought simultaneously between a wide variety of parties (individuals, groups, authorities) seeking prestige or legitimacy through the legacy of ancient Rome—a battle over the question of whose claims to this legacy were most legitimate. Distinguishing four domains—power, morality, cityscape, and literature—in which ancient Rome represented a particularly powerful example, this book traces the contours of this rhetorical battle across Renaissance Europe, based on a broad selection of humanist Latin poetry. It shows how humanist poets negotiated different claims on behalf of others and themselves in their work, acting both as “spin doctors” and “new Romans,” while also undermining competing claims to this same idealized past. By so doing this book not only offers a new understanding of several aspects of the Renaissance that are usually considered separately, but ultimately it allows us to understand Renaissance culture as a constant negotiation between appropriating and contesting the idea and ideal of “Rome.”
Competing Appropriations of Rome’s Empire without End
Authors: de Beer Susanna
Published: January 2024

Chapter 2 reflects on the centrality of the foundation narrative of Rome, as represented in Virgil’s Aeneid, in all claims to Rome’s imperial legacy. It analyzes how humanist poets writing on behalf of various authorities, including (but not exclusively) the pope and the Holy Roman emperor, used specific storylines of this foundation narrative to bolster their rhetorical claims. Depending on the type of authority they worked for, they either built on the Christian appropriation of the Virgilian conception of Rome’s imperium sine fine (eternal empire), exploited the genealogical connection with Troy, or focused on the location of Rome. Ultimately, they also appropriated Virgil’s use of both linear and circular visions to reach their rhetorical goals. The chapter ends by suggesting that the very idea of the Renaissance grew from the widespread imitation of this rhetoric of renewal, in almost all domains of Rome’s legacy, by “insiders” and “outsiders” alike. This chapter engages with the “temporal turn” in current scholarship by arguing that linear or circular visions of time are not reserved for certain periods of history but often exist side by side, as they are instrumental in different parties’ “uses of the past.”
Weaponized Images of Roman Virtue and Vice
Authors: de Beer Susanna
Published: January 2024

Chapter 3 starts by explaining how the papal claims to the imperial legacy of Rome were also legitimized with a claim to the moral legacy of Rome, triggering positive images of Rome as the City of Virtue by means of a narrative of moral reform. The chapter then examines the way in which “outsider” parties exploited negative counter-images of Rome as the City of Vice to undermine these claims, and how they used linear templates to suggest virtus romana (Roman virtue) had moved elsewhere. The chapter argues that the focus on Rome’s morality as foundation for political and religious authority, and the rhetorical uses of image and counter-image in claiming and contesting this authority, sharpened the divide between insiders and outsiders. Not only distinguishing more radical reformers from those who upheld the Roman church, it also deepened the divide between Italy and Northern Europe, regions that were also driven apart in the cultural domain. This chapter enters into discussion with scholarship on early modern (proto-)nationalist identities and tries to bridge the divide that is still visible between scholarship on Renaissance Rome and Italy until the Sack of Rome (1527), on the one hand, and on Reformation Europe, on the other.
The King’s Three Bodies
Authors: Sax William S.
Published: January 2024

This chapter focuses on the central figure of the book, King Karna. As king, Karna embodies the first and most important of Kautilya’s “seven limbs” of the Indian state. He is a multi-faceted being: sometimes a king, sometimes an ascetic jogi, and sometimes a brahman oracle. He is a king when he settles disputes, makes rain, and defends his realm. He is a jogi because he is poor, covered with ash, and disinterested in worldly matters. He is a brahman because the body of the oracle that he regularly “possesses” is that of a brahman; moreover, he advocates certain reforms in diet and marriage that can be regarded as “brahmanical.” But these three bodies are not mutually exclusive, and who Karna is depends upon what he does. Inspired by the work of Hacking, Mol, and others, this chapter engages with the “ontological turn” by arguing that Karna’s being is in large part a consequence of his practice, and not simply a matter of representation.
A Treasury of Honor
Authors: Sax William S.
Published: January 2024

Like Chapter 5, this chapter is based on a local folk ballad, of which it provides a translation and a phonetically accurate transliteration. The ballad has to do with a pastoral feud, and this chapter uses it to show, not only that the geographical determinism of many students of pastoralism is false, but also that their frequent use of “rational choice” theory to explain pastoral economies is deeply flawed. The chapter argues instead that, in this region at least, the traditional local pastoral economy had at least as much to do with the warriors’ concept of “honor” as with an increase in capital, and that therefore, rational choice theory does not help much in understanding the pastoralists’ world.
The Ally
Authors: Sax William S.
Published: January 2024

This chapter focuses on Pokkhu devtaa, a local god of demonic origin, who is very widely worshiped—and feared—due to the power of his curse. His temple is close to King Karan’s temple and they cooperate very often, and on many levels. That is why he is, following Kautilya’s scheme, referred to as “the ally.” By means of two ethnographic vignettes—one having to do with a failed séance and the other with a successful one—this chapter shows how the powers of local gods in this region are dependent upon the actions of their human subjects, a fact that is regularly confirmed by the gods themselves, speaking through their human oracles.
Introduction
Authors: Joyce Richard
Published: January 2024

This introduction presents a general characterization of fictionalism as a type of theory that proposes to remove problematic ontological commitment from a discourse via modeling it in some respect on familiar fictional engagement (e.g., reading novels, acting, etc.). The focus is on two well-known types of fictionalism: moral fictionalism and religious fictionalism. A fictionalist of the hermeneutic variety claims that the target discourse (in this case, morality or religion) is already sufficiently similar to familiar fictional talk that the offending ontological commitments are in fact only apparent. A revolutionary fictionalist, by contrast, claims that the extant discourse really is in error, but offers fictionalism as an alteration that could be made to thought and speech so as to remove these errors. This introduction discusses the hermeneutic and revolutionary fictionalist projects in turn, outlining challenges for each and identifying some common misunderstandings. The thirteen chapters of this collection are then summarized sequentially.
Religious Fictionalism
Authors: Scott Michael
Published: January 2024

Can one engage in the practices and language of a religion, gaining the moral, psychological, and social benefits of religious participation, without having religious beliefs? So argue religious fictionalists. This chapter focuses on revolutionary religious fictionalism and sets out ways of formulating and defending the position as well as the main challenges. Two difficulties for fictionalism are explored in detail: the problem of taking advantage of the participatory benefits of religion without some kind of deceit, and evidence of assertoric religious discourse where speakers are not committed to having religious beliefs, making revolutionary fictionalism redundant. These problems work in combination: the most promising contexts in which religious fictionalism can be advanced without raising worries about deceit tend to be those in which participation is already unencumbered by metaphysical commitments. The chapter concludes by considering the prospects of a restricted religious fictionalism, finding historical precedent in the apophatic and mystical tradition.
Maoism and the costs of Indigenous subaltern citizenship
Authors: Basu Ipshita
Published: January 2024

Chapter 5 explains the contested social, economic, and political roots of the Maoist conflict in Jharkhand. The chapter interrogates the positioning of the Adivasis as ‘Maoist sympathizers’, showing empirically that the influence of the Maoists in caste- and tribe-dominated areas of Jharkhand have been very different, and that the relations between Maoists and Adivasis, as well as between Maoists and other marginalized citizens, have been strained. After explaining how the Maoists entered Jharkhand and the various counter-insurgency operations across the region, the chapter evaluates the impact of the conflict on Indigenous subaltern citizenship and the emerging movements aiming to reclaim constitutional rights.
Conclusion
Authors: Basu Ipshita
Published: January 2024

The final chapter concludes by explaining why expressive partisanship underpins the significance that Adivasis (and the coalition of marginalized groups with which they work) attach to political representatives from their co-ethnic backgrounds. Referring to the recent appointment of India’s first Indigenous woman president, Droupadi Murmu, the chapter explains that while people who identity as Adivasi know there are structural limits to what co-ethnic political leaders can do in higher rungs of government, they feel that the presence of such a leader asserts positive group standing and lends them social capital to deal with their everyday struggles. This leads into a discussion of what citizenship means for Indigenous subalterns embedded in unequal justification relations. The chapter unpacks relationality as the premise of alternative Indigenous citizenship beyond land sovereignty, showing how relations between different marginalized communities, across different scales of government, and between national and transnational civil society are the substance of the politics of recognition.
Augmenting Infrastructure Financing—Brownfield Asset Monetization and Value Capture Finance
Authors: Pratap Kumar V , Gupta Manshi
Published: January 2024

The chapter discusses some of the new initiatives for augmenting infrastructure financing. One of them is brownfield asset monetization to enable funding more greenfield infrastructure. Some of the vehicles used for brownfield asset monetization are the Toll-Operate-Transfer (TOT) model and Infrastructure Investment Trusts (InvITs). The risks faced by infrastructure projects are considerably reduced over the project lifecycle from construction to operation stage, as issues related to land acquisition and environment and forest clearances are addressed at the construction stage. Therefore, operational projects (brownfield infrastructure) may be able to attract finance from institutional investors consisting of pension, insurance, and sovereign wealth funds. The chapter also includes a case study of IndiGrid, which is India’s first power transmission InvIT. The chapter discusses another infrastructure financing vehicle, Value Capture Finance. This is associated with internalizing the externalities generated by large public investments like in metro rail to improve the financial viability of these projects. Metro-rail financing in India and lessons that can be learnt from Hong Kong metro for sustainable financing of metro-rail projects are also discussed.
A Genealogy of Private Law Epistemologies
Authors: Auer Marietta
Published: January 2024

The chapter develops a genealogy of the epistemological paradigms present in private law scholarship since the nineteenth century. It identifies a recurring pattern of three epistemic pathways to legal knowledge, namely the normative, descriptive, and analytical methods. These paradigms have emerged in various combinations since 1800. In particular, they have shaped three methodologically pivotal phases of private law scholarship: the German Historical School prevalent in the first half of the nineteenth century, the analytical scientism of the late nineteenth and early twentieth centuries, and the turn to the ‘conflicting considerations’ mode of legal argument and the ‘jurisprudence of values’ in the second half of the twentieth century. Based on these historical findings, the chapter describes the three epistemic pathways as concurring and recurring models of private law methodology and shows that there is no one ‘right’ methodological approach to private law.
Exploring the Paradigms of Private Law
Authors: Croon-Gestefeld Johanna
Published: January 2024

The chapter sketches an approach referred to as ‘exploring legal paradigms’. The approach examines legal reasoning by focusing its attention not on the explicitly given arguments as in doctrinal analysis, but rather on the paradigms underlying legal argumentation. As will be explained in the chapter in greater detail, the term paradigm stands for methods, techniques, principles, commonly shared attitudes, basic beliefs, and value judgments within an academic community. It is argued that the proposed approach can help to make hidden assumptions about the law more visible, reveal the extent to which path dependencies have an impact on the evolution of jurisprudence and heighten awareness of the fact that discursive practices and stylistic choices have influence over the perception of the topic at hand.
When Private Law Theory is Close Enough
Authors: Gold Andrew S.
Published: January 2024

Private law theorists often adopt concepts that are a close, but imperfect, fit for the concepts actually used in the law. Such theorists employ concepts that diverge moderately from the legal concepts courts themselves employ. In other cases, theorists may match the law’s concepts as a legal matter, but they employ concepts that diverge moderately from the concepts found in moral reasoning. Such theories diverge to some degree from the moral understanding, but they are still ‘in the right ballpark’. This chapter assesses the value in legal theories that come close to a set of target concepts, but which are not quite a fit for them.
In Defence of Ambiguity
Authors: Augsberg Ino
Published: January 2024

The aim of classical legal methodology is to obtain unambiguous answers to clearly defined legal questions. However, a closer look shows that this goal is not only missed de facto, but also de iure. The law itself contains concepts that undermine its own disambiguation. This perspective could also provide a different view of the contrast between so-called ‘realist’, i.e. empirical understandings of law and more formalistic or dogmatic approaches. Traditionally, formalism is supposed to enable the coherence of the law towards the outside world, thus ensuring internal consistency. However, the formalist claim may also serve another function. It could also be used as an instrument to preserve the internal ambiguity of the law by protecting it from imported false certainties. Conceived in this way, formalism itself appears as an ambiguous figure.
Formalism, Legality, and the Rule of Law
Authors: Miller Paul B.
Published: January 2024

This chapter examines the relationship between formalism, legality, and the rule of law. It argues that legality and the rule of law imply the formality of law and deliberatively formalistic engagement with the guidance it supplies. Should a case need to be made for the law’s reliance on form and its expectation of deliberative formalism, one can build it through appeal to the values advanced by the achievement of legality in comportment with rule of law baselines. However, scholarly formalists focus on interpreting the law as found and the practical reasonableness of our laws is a contingent matter, turning on more than the law’s responsiveness to the values of legality and the rule of law. The chapter thus urges awareness of the moral limits of legal form as well as the moral and methodological limits of legal formalism.
The Minimal Morality of Private Law
Authors: Kaehler Lorenz
Published: January 2024

Private law is frequently based on relatively simple principles. For instance, contract law thrives on the principle of upholding promises (pacta sunt servanda), while tort law is founded on the principle of avoiding harm to others (neminem laedere). These principles are both cognitively straightforward and ontologically undemanding. The chapter argues that this is not coincidental, but rather stems from the task of private law, which aims to regulate the relationships between individuals without assuming any special knowledge or consent on their part. The notion of minimal morality, often presupposed by private law, has largely been overlooked until now. Minimalism not only characterizes private law descriptively but is also justified normatively. This thesis opposes both of these positivist theories, which maintain that morality cannot influence law in any way, and anti-positivist theories, which claim that gaps in the law may be filled by all kinds of moral reasons.
The Critical Potential of Doctrinal Analysis
Authors: Krell Paul
Published: January 2024

The chapter deals with the critical potential of doctrinal analysis in common and civil law. Therefore, it first examines the significance and methodology of doctrinal analysis in different legal cultures. This concerns not only the application of law, but also the importance of doctrinal analysis for new legislature. In German legal thinking, doctrinal analysis is often assigned a serving function, based on which there is little room for criticism. The chapter shows the difficulties of this position. Finally, it addresses the question of what authority is given to statements based on doctrinal analysis and highlights the structural risk of wanting to implant the strict rationality standard of doctrinal analysis into the democratic process.
The Muslim Political Genre
Authors: Khatun Nadira
Published: January 2024

In this chapter discusses the Muslim Political genre. Towards the end of the 1980s and the beginning of the 1990s, India witnessed the forceful rise of the Hindu right-wing movement. As the foremost schema was to formulate a national identity, Bollywood began showing a monolithic depiction of the nation undermining the diverse (gender-based, religious, and cultural) identities existing in that same nation. As a result, new changes could be noticed in the Bollywood cinematic space. To create a sense of national unity at the time of Hindutva nationalism, Bollywood filmmakers were inspired to formulate ‘enemy images’ of ‘outsiders’ who were set apart as ‘Others’ using explicit ‘political signs’. The representation of Kashmir in Bollywood can be divided into two broad categories: pre-1989 and post-1989. An abrupt change in the representation of Kashmiris can be noticed from 1989 when the problem of insurgency increased. Additionally, at the time of Hindutva nationalism, in contemporary Bollywood we notice that Muslim women generate a sense of national unity by sacrificing their own people such as their husbands and brothers. The chapter also argues that these texts propagate the notion of nationalism by constructing dualistic characters: Muslim men are portrayed as a threat to the nation, whereas Muslim women are portrayed as the true nationalists who guard the homeland from the traitors such as Islamic extremists. In the last two decades, Bollywood also produced films which celebrate xenophobic right-wing ideology through representing anti-Pakistan themes. In such films, the juxtaposition of Pakistani-terrorist-Muslim was loosely done.
The Muslim Modern Genre
Authors: Khatun Nadira
Published: January 2024

The previous three genres (Muslim Historical, Muslim Social, and Muslim Political) identified films that dealt with the liminality of the Muslim Other in the national space by stereotyping Muslims or striving to integrate the Muslim Other into the normative Hindu self. After 2005, mainstream films shifted away from traditional depictions of Muslims as ‘enemy’ or ‘aliens’ to one in which Muslims were gradually portrayed as ‘pleasant’, ‘sensible’, and ‘secular’ human beings. The Muslim Modern genre moves away from the clichéd portrayal of Muslims in older popular films and moves towards one in which Muslims are presented as ‘good’ and ‘ordinary’ human beings who face everyday issues and challenges. This chapter looks at adopting modernity as a philosophy that implies ‘a break with tradition’ rather than a particular historical period. The chapter argues that there is a discontinuity of Muslim representational patterns in the contemporary era because the key Muslim characters are shown without the Islamicate ethos imprinted on them. Muslims are now frequently depicted as ordinary people with mundane dreams or dealing with daily issues. They do not carry any extra baggage of their religious identity but they are very often compelled to show their loyalty to the government or their innocence with regards to crimes against the state.
The Father, the Son, and the Generation of the Holy Spirit
Authors: Miller Micah M.
Published: January 2024

Chapter 2 studies the identity of the Holy Spirit in Origen’s thought. It offers an analysis of the three occasions at which Origen articulates the Spirit’s generation, with especial attention to Origen’s anti-Monarchian polemic. It concludes that Origen conceives of the Holy Spirit as a single independent being, who receives being and attributes from the Father and through the Son. While the Spirit is dependent on the Father and Son, the Spirit is also ranked above all other beings and distinct from them, a relationship that is affirmed by other passages in Origen’s corpus. Recognizing the Spirit’s relationship to the Father and Son not only provides an account of the generation of the Spirit, but also offers a new understanding of Origen’s trinitarian thought.
Can’t Kant Count?
Authors: Tenenbaum Sergio
Published: January 2024

It seems rather intuitive that if I can save either one stranger or five strangers, I must save the five. However, Kantian (and other non-consequentialist) views have a difficult time explaining why this is the case, as they seem committed to what Parfit calls “innumeracy”: roughly, the view that the values of lives (or the reasons to save them) don’t get greater (or stronger) in proportion to the number of lives saved. This chapter first shows that in various cases, it is permissible to save fewer lives, contrary to what is implied by “numerate” views. Then it argues that in the cases in which it is intuitive that we must save the greater number, Kantians (and other deontologists) can not only deliver this verdict but also explain why it is correct, without presupposing that the value of our action depends on “adding up” the values of the lives saved.
Lower Courts and Conflicts in the Village
Authors: Forster Marc R.
Published: January 2024

WThis chapter begins with an overview of the courts and the court records that underpin this study. All these courts shared the basic characteristics of being local, meeting frequently, and adjudicating and mediating personal disputes, property conflicts, and community tensions. A number of charts give readers a sense of the kinds of disputes each court faced. Another section lays out the punishments people faced, from fines, to shaming punishment, to imprisonment, to banishments. The second half of the chapter surveys the kinds of conflicts that plagued villages in this period. Many of the conflicts were property disputes of all kinds. But many of the conflicts that made it into court were also personal and family conflicts or political conflicts within communities. Conflicts were often violent, in word and deed. An important conclusion is that these communities were riddled with conflicts of all kinds.
Conflicts in Public Spaces
Authors: Forster Marc R.
Published: January 2024

Conflicts involving women (as well as young people and children) were more likely to play out in spaces other than the tavern, such as the village streets, squares, pathways, and fields. These spaces were less controlled than the tavern and thus more likely to lead to violent conflict. They were also more public and thus more problematic in an honor-obsessed society. A significant aspect of the way spaces influenced conflict was the custom of “calling someone out” of a house (or a tavern) to face an enemy. This had the effect of bringing a conflict into the public space, making any insult or violence more damaging and more likely to end up in a slander suit. Furthermore, conflicts in streets and on roads caught the attention of state authorities, who were interested in keeping such spaces safe. Finally, this chapter engages the issue of rumor and gossip, which also made conflicts more public and more likely to damage someone’s reputation or honor. The interplay of conflict, rumor, and publicity contributed to the creation of a kind of peasant public sphere, where knowledge and opinions were shared.
Conclusion
Authors: Forster Marc R.
Published: January 2024

The conclusion reiterates the arguments made in the book. It also looks back at the period before the Thirty Years’ War to highlight some of the historical origins of state formation from below, the role of local courts, and the interactions between the small states of the region and rural society. Developments in the century after 1650 had longer impacts, influencing the development of the larger states in the nineteenth century and a unified Germany after 1871. Honor disputes and slander suits, for example, were an ongoing aspect of the judicial system of Bismarck’s empire. Of course, it is impossible to draw a direct line from the popular participation in and support for state institutions in the century after the Thirty Years’ War to the wide German respect for administrative efficiency and bureaucratic centralization in the nineteenth and twentieth centuries. Nevertheless, the connections are suggestive.
Seeing the Face of God
Authors: McGrath Alister E.
Published: January 2024

This chapter expands a brief earlier discussion of how doctrine enables a new way of seeing reality by considering how the doctrine of the incarnation articulates the visibility of God, and affirms that the face of God can be seen in Christ. The chapter opens by considering the ‘aniconism’ of the Hebrew Bible, which declines to allow visual images of God, before moving on to note how the doctrine of the incarnation affirms that God can be ‘seen’ in Christ. Particular attention is directed to the philosophers Paul Elmer More and Roger Scruton, who both recognize the significance of beholding the ‘face of God’ for human existence. The chapter also includes discussion of Christ as the embodiment of meaning, and the manner in which the doctrine of the incarnation allows the experience of suffering to be seen in a new light.