bluuebunny/crossref_metadata_2025 huggingface dataset:
International Criminal Law and Culture
Authors: Cheah W. L.
Published: May 2020

This chapter deals with the tension that exists between international criminal law and ‘culture’. Operating in societies where the very meaning of punishment is contested, international criminal justice is often faced with a cultural challenge that endangers its legitimacy. At several levels, it exerts a marginalizing or exclusionary effect on the culturally dissimilar, while constructing certain understandings of cultural difference. The universalism of international criminal justice is hardly ever taken for granted by the actors that confront it, particularly in a context where justice itself appears to be cultural. At the same time, culture is contested, and local forms of justice may be challenged as merely reflecting certain groups’ agendas. Finally, international criminal tribunals’ encounter with audiences coming from a variety of cultures suggests a potential for confusion and misunderstanding.
The Core Crimes of International Criminal Law
Authors: Schwöbel-Patel Christine
Published: May 2020

The ‘core’ crimes set out in the International Criminal Court’s Rome Statute - the crime of genocide, war crimes, crimes against humanity and aggression - are overwhelmingly assumed to be the most important international crimes. In this chapter, I unsettle the assumption of their inherent importance by revealing and problematising the civilizational, political-economic, and aesthetical biases behind designating these crimes as ‘core’. This is done by shedding light on discontinuities in the history of the core crimes, and unsettling the progress narrative ‘from Nuremberg to Rome’. More specifically, crimes associated with drug control are placed in conversation with the accepted history of the International Criminal Court (ICC) to exemplify a systematic editing of the dominant narrative of international criminal law.
Transnational Crimes
Authors: Guilfoyle Douglas
Published: May 2020

This chapter focuses on transnational crimes. Though these were long part of the international criminal law (ICL) canon, it is only late in the discipline’s history that they became conceived as being something distinct. As such, while this chapter envisages the history of ICL, it also focuses more on the origin of the distinction in the Draft Code of Crimes Against the Peace and Security of Mankind. This distinction, which became quite influential, foregrounded crimes under general international law and crimes of international concern as two separate categories. However, this chapter takes a skeptical view of the distinction, noting the ‘question begging’ character of defining international crimes on the basis of an implicitly accepted notion of what international crimes are. But this is not to say that the attempt at drawing distinctions is fruitless—in fact, it sustains relevant conversations about, for example, the intrinsic character of gravity of various crimes in relation to each other. But, as this chapter shows, it does point to an irreducible element of faith in any act of prioritization.
The Unity of International Criminal Law
Authors: Mégret Frédéric
Published: May 2020

This chapter suggests the need to rethink, on both doctrinal and political grounds, the distinction between core and transnational criminal law with a view to recovering a sense of the discipline of international criminal law’s lost unity. It identifies a tendency towards fragmentation and rarefication that has led both core crimes and the operation of international criminal tribunals to monopolize attention and increasingly be identified with ‘international criminal law’ (ICL). This chapter argues that, in addition to having a weak doctrinal basis, that distinction is theoretically and criminologically dubious. It suggests that the time may have come to recover at least a unified research agenda when it comes to ICL—one that rediscovers the extent to which supranational and transnational criminal law are at the very least joined at the hip. This involves better conceptualizing how the defining phenomenon of ICL is not only the criminalization of certain international law prohibitions, but also the ascendancy of certain ideas about crime control globally, as well as the degree to which both core crimes and transnational crimes rely on a common criminal corpus and conceptual baggage. The chapter ends with a call for renewed engagement with a sort of meta-theory of ICL, one that would make more sense of the relations between its diverse constituent parts.
The Nature of Abuse of Rights in International Arbitration
Authors: El Far Ahmed
Published: May 2020

This chapter explores the nature of abuse of rights in international arbitration. It determines the legal basis of abuse of rights, questions the transnational nature of the principle, and examines whether it comprises a principle of transnational public policy. A scrutiny of the principle’s application in international arbitration not only demonstrates the omnipresence of the principle in most legal systems as well as under international law, but provides compelling evidence that a general principle of abuse of rights has emerged in international arbitration. Moreover, a review of different legal systems testify that the principle is recognized as a general substantive and procedural principle of law. This is further confirmed by the views of renowned scholars and by the constant application of abuse of rights as a general principle of law. However, while the principle reflects fundamental interests that decision makers should uphold, its depiction as part of transnational public policy is controversial.
Entrectinib, a TRK/ROS1 inhibitor with anti-CNS tumor activity: differentiation from other inhibitors in its class due to weak interaction with P-glycoprotein
Authors: Fischer Holger , Ullah Mohammed , de la Cruz Cecile C , Hunsaker Thomas , Senn Claudia , Wirz Thomas , Wagner Björn , Draganov Dragomir , Vazvaei Faye , Donzelli Massimiliano , Paehler Axel , Merchant Mark , Yu Li
Published: May 2020

Background

Studies evaluating the CNS penetration of a novel tyrosine kinase inhibitor, entrectinib, proved challenging, particularly due to discrepancies across earlier experiments regarding P-glycoprotein (P-gp) interaction and brain distribution. To address this question, we used a novel “apical efflux ratio” (AP-ER) model to assess P-gp interaction with entrectinib, crizotinib, and larotrectinib, and compared their brain-penetration properties.

Methods

AP-ER was designed to calculate P-gp interaction with the 3 drugs in vitro using P-gp–overexpressing cells. Brain penetration was studied in rat plasma, brain, and cerebrospinal fluid (CSF) samples after intravenous drug infusion. Unbound brain concentrations were estimated through kinetic lipid membrane binding assays and ex vivo experiments, while the antitumor activity of entrectinib was evaluated in a clinically relevant setting using an intracranial tumor mouse model.

Results

Entrectinib showed lower AP-ER (1.1–1.15) than crizotinib and larotrectinib (≥2.8). Despite not reaching steady-state brain exposures in rats after 6 hours, entrectinib presented a more favorable CSF-to-unbound concentration in plasma (CSF/Cu,p) ratio (>0.2) than crizotinib and larotrectinib at steady state (both: CSF/Cu,p ~0.03). In vivo experiments validated the AP-ER approach. Entrectinib treatment resulted in strong tumor inhibition and full survival benefit in the intracranial tumor model at clinically relevant systemic exposures.

Conclusions

Entrectinib, unlike crizotinib and larotrectinib, is a weak P-gp substrate that can sustain CNS exposure based on our novel in vitro and in vivo experiments. This is consistent with the observed preclinical and clinical efficacy of entrectinib in neurotrophic tropomyosin receptor kinase (NTRK) and ROS1 fusion-positive CNS tumors and secondary CNS metastases.
Translating Identity in Political Discourse
Authors: Gagnon Chantal , Lehoux-Jobin Etienne
Published: May 2020

This chapter focuses on identity issues in translated political discourse, from a cross-cultural perspective. Using a broad definition of political discourse, which encompasses a variety of discourse genres, the chapter presents an overview of studies where translation has played a role in shaping national or institutional identities through political discourse. The chapter starts with definitions of key concepts such as identity, ideology, and political discourse; and it discusses how these concepts have been used and defined in translation studies. Then, the main trends that run through translation studies work on identity are presented. These studies show that the identity dimension of a political discourse can have important repercussions on its translation, revealing, for example, translation shifts of either a textual or a paratextual nature.
Translation and Interpreting in the Indigenous Languages of Peru
Authors: De Pedro Ricoy Raquel , Andrade Ciudad Luis
Published: May 2020

This chapter presents an overview of translation and interpreting between Spanish and the estimated 48 indigenous languages spoken in 21st-century Peru. After contextualizing the Peruvian case in a framework that outlines contemporary translation policies for indigenous languages in Latin America, it discusses the state-sponsored training for self-identified indigenous people in Peru as well as the regulated language service provision in the public sector, including justice, health, and prior consultation processes. In addition, it acknowledges the agency of untrained, mostly female, indigenous people who routinely facilitate exchanges between members of their communities, on the one hand, and monolingual Spanish civil servants and other members of society, on the other.
Translating Gender-Based Violence Documentaries
Authors: Bosseaux Charlotte
Published: May 2020

Awareness of gender-based violence (GBV) is growing worldwide with increased coverage in the media (news, cinema, social media, television, etc.). Accounts of GBV therefore reach us in different ways, for instance, the story of a survivor comes to us in a film, novel, autobiography, or documentary. The primary aim of this chapter is to encourage research on the translation of GBV documentaries. It is a call for research that actively listens to the way voices of women who have suffered abuse are translated into other languages, in subtitled and voice-over versions. This chapter provides background information on GBV and explains why it is important to research this area. In the first part, GBV is defined and the reasons behind choosing documentaries for research are presented. The second part offers a reflection on the translation of trauma with a focus on the ethical role of translation and translators. Then, the general translation situation of the documentary genre is introduced, and the reasons why it is essential to investigate how the voices of survivors are translated in this context are presented further.
Continuing Dilemmas of International Adoption
Authors: Perry Twila L.
Published: May 2020

This chapter describes the relevant human rights and children’s rights framework that governs international adoption and examines some of the critiques of this framework. Using the adoption of children into the United States as an example, the chapter describes the processes involved in pursuing an international adoption. This is followed by a discussion of the decline in international adoption since 2004, some of the reasons for that decline, and a discussion of recommendations offered by groups and individuals in the hope of improving the existing international adoption structure. The chapter then turns to some issues concerning international adoption not easily addressed by implementing various practical recommendations. These complex issues arise from the continuing problems of poverty, racism, and patriarchy in the world, including the effect of histories of colonialism and imperialism between some Western nations and many of the countries from which internationally adopted children come.
Revisiting the Three ‘R’s in Order to Realize Children’s Educational Rights Relationships, Resources, and Redress
Authors: Lundy Laura , Brown Amy
Published: May 2020

Education rights are many and diverse, and there is a rich body of work to date that has attempted to capture them in a series of models and conceptualizations. The major challenge in the context of education and human rights does not, however, concern understanding what they are or indeed why they are necessary. Rather, it lies in the “doing” of rights—their realization. Thus, it is not the core content of education rights that presents the most difficult obstacle to realization, but the barriers that obstruct their implementation. This chapter considers the realization of education rights using a new typology based on three themes: relationships, resources, and redress.
Poverty and Children’s Rights
Authors: Nolan Aoife
Published: May 2020

This chapter addresses the ever-deepening relationship between child poverty and child rights. In doing so, it takes as its central focus the best known and most important child rights instrument, the UN Convention on the Rights of the Child (CRC). The chapter opens with a justification of why, given the range of different approaches available to and adopted by anti-poverty practitioners and scholars, child rights is an appropriate lens through which to consider child poverty. The chapter then moves on to consider the relationship between the CRC and child poverty, focusing both on the Convention itself and on how that instrument has been interpreted by the UN Committee on the Rights of the Child (CRC Committee) when considering causes and impacts of, and responses to, child poverty. In doing so, the chapter provides a critical analysis of the strengths and weaknesses of the current international child rights framework in terms of its ability to address the complex social global challenge of child poverty. It concludes with a consideration of a key contemporary development in terms of child poverty that presents both risks and opportunities in child rights terms: the post-2015 sustainable development agenda.
Indigenous Children
Authors: Rolnick Addie C.
Published: May 2020

This chapter considers the major international law instruments that protect the rights of indigenous children. Indigenous children are situated at the intersection of children’s rights, indigenous peoples’ rights, and minority rights against discrimination. A robust corpus of international law has developed in each of these areas, but none were developed to protect indigenous children specifically. The chapter considers the rights protected by all three regimes as they apply to indigenous children, including analyses of the UN Declaration on the Rights of Indigenous Peoples, International Labor Organisation Convention No. 169, the UN Convention on the Rights of the Child, the International Convention on the Elimination of All Forms of Racial Discrimination, and the work of treaty bodies. It considers how rights protected by each regime interact, as well as the tensions and gaps that remain. It describes the potential breadth of international law protections and the limited evidence of implementation. It also discusses the interrelationship between collective and individual rights concepts for indigenous children.
The Evolution of the Children’s Rights Movement
Authors: Becker Jonathan
Published: May 2020

This chapter examines the evolution of the children’s rights movement and particularly the role of individuals and nongovernmental organizations in driving the creation of new international laws and norms and global campaigns to address the abuse and exploitation of children. Over the past century, child rights advocates have helped shape the UN Convention on the Rights of the Child and international treaties addressing child labor and child soldiers, thereby influencing policies and practices related to education, child marriage, corporal punishment, sexual exploitation, and violence against children. The chapter also explores the role of children themselves as activists at the forefront of change.
Independent Children
Authors: Sloth-Nielsen Julia , Klep Katrien
Published: May 2020

This chapter explores the notion of independent children, a concept that goes against the grain of prevailing constructions of childhood that underpin legal frameworks across the globe. Independent children find themselves in a specific unfavorable relationship to such legal frameworks, which fail to protect them—or even criminalize them. This chapter looks at the notion of independent children, especially children in street situations, child-headed households, and married children, from a child-rights perspective. A child-rights perspective takes into account root causes and power inequalities in societies and looks to evolving capacities of children and their agency. The chapter hones in on state obligations under the UN Convention of the Rights of the Child toward children in such situations and concludes that especially non-discrimination; social, economic, and cultural rights; and the right to be heard are crucial elements for a legal framework that supports independent children in shaping their lives and exercising their rights.
Working Toward Recognition of the Rights of Migrant and Refugee Children
Authors: Paoletti Sarah
Published: May 2020

This chapter addresses the rights of migrant and refugee children who increasingly are forced into migration, either alone or with members of their family, due to violence, civil war, poverty, economic degradation, and other often-intersecting factors. While addressing the rights and obligations set forth in the Convention on the Rights of the Child and other international and regional human rights instruments, the chapter further seeks to bring attention to the complexity and fluidity of migration and the motives that spurn migration; the role of family in serving the child’s best interests; and the scope of considerations that must be accounted for in seeking to ensure that the next generation of immigrants is positioned to thrive.
Human Rights Education
Authors: Howe R. Brian , Covell Katherine
Published: May 2020

This chapter discusses the need for and value of children’s human rights education (HRE). It does so within the normative framework of the UN Convention on the Rights of the Child and related human rights instruments. The chapter discusses the growth of an international movement for HRE, models of HRE, and initiatives for children’s HRE in schools and non-formal education. Such initiatives are scattered and limited in scope. However, where comprehensive children’s rights education is provided, the evidence shows its success in teaching children about, through, and for human rights. It suggests also that children’s HRE can provide the framework for building a culture of human rights. In essence, children’s HRE is consistent with the goals of HRE described by the United Nations. The chapter concludes with a discussion of the lack of political commitment as an overarching challenge for HRE.
Children’s Rights in the Twenty-First Century
Authors: Todres Jonathan , King Shani M.
Published: May 2020

Significant progress has been made on implementing children’s rights and securing child well-being in the thirty years since the adoption of the Convention on the Rights of the Child. Yet millions of children continue to suffer children’s rights violations. Looking forward, this concluding chapter of the volume focuses on two areas: cross-cutting themes in children’s rights and selected critical issues in children’s rights. First, the chapter argues that a core group of key themes are particularly relevant to children’s rights and require greater attention: the time-sensitive nature of children’s rights, the interrelated nature of children’s rights, autonomy’s application to children, child participation, and the need to mainstream both children and children’s rights. The second part of the chapter discusses pressing issues that have and will continue to have major impact on children’s rights, including large-scale human rights crises, the private sector, technology, genetic and related scientific advances, the rise in populism, violence against children, and climate change. Through the combination of these cross-cutting themes and current issues, the chapter maps an agenda for research and advocacy that can advance children’s rights law scholarship and help foster progress toward ensuring the rights and well-being of all children.
A Socioecological Model of Children’s Rights
Authors: Gal Tali
Published: May 2020

This chapter uses the socioecological model elaborated by Urie Brofenbrenner as a conceptual framework for analyzing children’s rights law. Constructed of five concentric circles surrounding children—the microsystem, mesosystem, exosystem, macrosystem, and chronosystem—the socioecological model captures the interconnections between different environments while addressing the developmental nature of childhood and thus the constant change in the individual characteristics and needs of children. The chapter makes three propositions: (1) The needs-rights of children appear in a range of interconnected domains in children’s lives that can be organized according to Brofenbrenner’s model; (2) children’s rights laws can, and often do, regulate children’s lives across these different domains and thus can, and at times do, address the full range of children’s needs-rights; (3) because the various domains in children’s lives are interconnected, the enforcement of children’s rights laws must be targeted at the full range of the domains of the human ecosystem of children.
Feminist Legal Theory and Children’s Rights
Authors: Harbach Meredith Johnson
Published: May 2020

This chapter surveys the field of feminist legal theory (FLT) as a discipline in conversation, and in some ways allied, with children’s rights. After briefly reviewing the development of feminist legal theory, the chapter explores relevant debates among feminists and then discusses several feminist legal critiques and methods of relevance to children’s rights. The chapter ends by considering ways in which feminist legal theory and children’s rights are in conversation and by exploring the potential for newer variants of feminist legal theory to suggest new directions in children’s rights strategies.
Schopenhauer and the Metaphysics of Music
Authors: Gordon Paul
Published: May 2020

This chapter explains Schopenhauer’s insistence on the metaphysical importance of art and, especially, music. Plato’s “greatest mistake,” according to Schopenhauer, was in condemning the inherent fluidity and contradictoriness of art rather than elevating it to the highest expression of the metaphysical Will, and it was this view of art that also led Schopenhauer to declare music, which is the least objective of all the arts, as the highest expression of metaphysical Being. After examining Schopenhauer’s redefinition of the Platonic Idea and Kant’s supersensible thing—in-itself as Will we will apply these notions to Schopenhauer’s elevation of art in general and music in particular.
Schopenhauer’s Moral Philosophy
Authors: Guay Robert
Published: May 2020

Schopenhauer claims that his understanding of morality identifies and preserves its essential content as it is shared among various philosophical, religious, and cultural traditions. Indeed, he seems to argue that only by rooting moral value, virtue, and responsibility as he does in compassion and beneficence can a satisfactory account of morality be given. At the same time, however, Schopenhauer also insists that no prescriptive account of morality can be given: the very idea of a moral rule is spurious, and morality can only be approached from a theoretical perspective. In this chapter, the author argues that Schopenhauer reconciles this tension between conventional and revisionist strands by justifying morality as the appropriate form of responsiveness to the intrinsic senselessness of existence. Morality, then, is not a rational or strategic pursuit but an expression of the correct attitude toward the unavailability of any sensible pursuit; it is practical insofar as it needs to be sustained in order to express the appreciation of metaphysical truth. The author then addresses three sets of issues: why compassion is a superior form of responsiveness to indifference or arbitrariness, the extent to which this account preserves the content of morality as conventionally understood, and the extent to which this account enables Schopenhauer to address objections regarding the distinctness of persons, the importance of phenomenal concerns, and the possibility of agency.
Schopenhauer, Buddhism, and Compassion
Authors: Reilly Richard
Published: May 2020

The focus of this chapter is Schopenhauer’s On The Basis of Morality (1841). His distinctive views are that compassion marks one’s being as spontaneously motivated to relieve another’s suffering as one’s own and that this requires a metaphysical explanation for how one identifies with another. The author defends these views and shows in some detail how they mirror the Mahayana account of compassion in Shantideva’s The Way of the Bodhisattva. Next, the author outlines Schopenhauer’s case for compassion being the sole basis of moral value and defends this claim against the Kantian view that acting beneficently cannot (rationally) override so-called perfect duties to others. Finally, the author explores how Buddha Shakyamuni’s teachings cohere with Schopenhauer’s account of suffering and how mystical consciousness, as represented in Mahayana Buddhism’s “Middle Way,” coheres with Schopenhauer’s asceticism—the “denial of the will”—as the path to overcoming suffering.
Schopenhauer on Law and Justice
Authors: Marcin Raymond B.
Published: May 2020

This chapter explores Schopenhauer’s jurisprudence in the context of his writings on law and justice. Consistent with the will-and-representation dualism in the grounding of his overall approach to philosophy, Schopenhauer’s analyses of law and justice are quite separate from each other and decidedly dualist. Schopenhauer sees law as operating at the level of the world as representation; it simply regulates behavior for the common good. Consequently, his theory of law fits nicely within the philosophy of pragmatism that has lately become influential in some contemporary schools of jurisprudence. Schopenhauer sees justice as operating at the level of the world as will, the deep-down level of true reality that is all but foreclosed to our perceptions. In exploring the concept of justice, Schopenhauer sees what he refers to as “eternal justice” as being at the heart of the Problem of Evil that has beset philosophers and theologians for centuries. But he sees the virtue of justice, built on understandings of human solidarity that flow from the deep-down level of true reality, as the cure. His theory of justice thereby fits nicely within the idealist and communitarian philosophies that have lately become influential in some contemporary schools of jurisprudence.
Schopenhauer and Christianity
Authors: Mannion Gerard
Published: May 2020

This chapter explores Schopenhauer’s complex relationship with Christianity and Christian thought. It charts the development of his relationship with religion to the point where he shapes a critically interpretive and frequently comparative theory of religions in general and his lifelong studies of Christianity in particular. Schopenhauer’s writings about Christianity are numerous and varied in character and tone for in numerous ways he was both a critic and defender of religion—especially Christianity. The chapter outlines Schopenhauer’s interactions with and interpretations of major Christian doctrines and thinkers and also discusses those aspects of Christian thought that most significantly influenced his own writings, especially in terms of metaphysics, ethics, and soteriology. It concludes with some reflections on just how dependent his philosophical system was on Christianity and religion in general for his most significant ideas. Overall it seeks to demonstrate that an engagement with Schopenhauer’s relationship with Christianity and Christian thought can prove illuminating for understanding multiple aspects of his philosophy in general.
Schopenhauer and the Unconscious
Authors: Atzert Stephan
Published: May 2020

This chapter explores the gradual emergence of the notion of the unconscious as it pertains to the tradition that runs from Arthur Schopenhauer via Eduard von Hartmann and Philipp Mainländer to Sabina Spielrein, C. G. Jung, and Sigmund Freud. A particular focus is put on the popularization of the term “unconscious” by von Hartmann and on the history of the death drive, which has Schopenhauer’s essay “Transcendent Speculation on the Apparent Deliberateness in the Fate of the Individual” as one of its precursors. In this essay, Schopenhauer develops speculatively the notion of a universal, intelligent, supraindividual unconscious—an unconscious with a purpose related to death. But the death drive also owes its origins to Schopenhauer’s “relative nothingness,” which Mainländer adopts into his philosophy as “absolute nothingness” resulting from the “will to death.” His philosophy emphasizes death as the goal of the world and its inhabitants. This central idea had a distinctive influence on the formation of the idea of the death drive, which features in Freud’s Beyond the Pleasure Principle.
The Next Metaphysical Mutation
Authors: Howard Christopher A.
Published: May 2020

This chapter explores the influence of Schopenhauer on the contemporary French author Michel Houellebecq. After surveying some biographical similarities between the two authors, it considers the significance of Schopenhauer’s thought, both his metaphysics of the Will and his moral philosophy, for Houellebecq’s literature. It is shown how Houellebecq reaffirms Schopenhauer’s Buddhistic diagnosis of “life as suffering,” but goes further to imagine possible worlds where the human condition has been overcome by techno-scientific interventions. In doing so, Houellebecq carries out a devastating critique of the present age from the standpoint of various post-human futures. Another theme explored is the omnipresence of desire and the sexual impulse with which both Schopenhauer and Houellebecq are deeply preoccupied.
The Mystery of Freedom
Authors: López de Santa María Pilar
Published: May 2020

Freedom is the focus of the first of the writings included in The Two Fundamental Problems of Ethics. The attention that Schopenhauer devotes to the subject does not stop here, however, since freedom appears recurrently in different parts of his system. It is linked to his theory of knowledge, metaphysics, aesthetics, and the denial of the will. This chapter follows that track and examines the presence in different contexts of Schopenhauerian thought of a freedom that is so undeniable as unexplainable. In this way will be shown Schopenhauer’s transition from the freedom of the voluntas to the freedom of noluntas [non-willing] and the state of great liberation that occurs because the will frees itself from itself. It is a transition that begins and ends at the same point: mystery
The Modern Individual
Authors: Watts Miller W.
Published: May 2020

This article tracks key changes and continuities in Durkheim’s approach to the modern individual, beginning with the landscape of his thesis on the division of labor. A period of transition then helped to generate his increasing belief in the dynamics of creative effervescence, both as a foundation of an irreducibly social realm and as a way to tackle a modern crisis and get going processes of reform. He nonetheless never abandoned his commitment to the importance of social structures, as in his call for a web of new intermediate groups linking the individual with a wider society, or in his view of the division of labor as a source of modern ideals and route to combining autonomy and solidarity. He was also well aware that times of effervescent upsurge come with serious risks. Indeed, risk is built into the freedom and indeterminacy they entail.
Émile Durkheim and the Sociology of Religion
Authors: Koenig Matthias
Published: May 2020

As religion has gained public and scholarly attention, sociologists have critically revised orthodox secularization theory. This article revisits Emile Durkheim’s sociologie religieuse and explores its potential and limitation for analyzing contemporary religious reconfigurations in the twenty-first century. First, it reviews how the “New Durkheim” as recovered by the recent historiography of classical sociology defined, explained, and assessed religion. It argues that Durkheim’s theory of the sacred, its relation to society, and its impact on morality and knowledge displays inherent tensions reflected in his quest for social bonds in secular society. Second, having acknowledged Durkheim’s ambivalent legacy in the sociology of religion and cultural sociology more broadly, the article shows that his theory of the sacred, while failing to grasp religio-political power configurations so central to the Weberian tradition, helps discern the persistence and production of collective religious forms in a global age, ranging from nationalisms to human rights.
Émile Durkheim and the Modern Family
Authors: de Singly François
Published: May 2020

Emile Durkheim’s first specialized course in Bordeaux (in 1888) was on the sociology of the family. Although his work on the topic is not his best known, and is often rather misunderstood, it is still quite interesting. Durkheim was able to perceive the two leading characteristics of the European family under the first modernity (from the 1850s through the 1960s): the personalization of ties and the increasing intervention of the state in family affairs. Understanding this change did not lead Durkheim to approve of it, however, and he worried about the weakening of rules and discipline within the family.
The Sociality of Mind
Authors: Nungesser Frithjof
Published: May 2020

Ever since Durkheim, the question of the sociality of mind has remained both contentious and fruitful. This article discusses the Durkheimian contribution to the sociology of knowledge in three steps. First, by drawing on Durkheim and Mauss’s “Primitive Classification” (1903) and on Durkheim’s The Elementary Forms of Religious Life (1912), two key arguments of the Durkheimian sociology of knowledge will be distinguished. Second, it is argued that the differences between these two key contributions reverberate through the reception of Durkheim’s sociology of knowledge, resulting in two quite different lines of reception: one that focuses on classificatory homologies (Lévi-Strauss, Bourdieu, Boltanski) and one that focuses on ritual, the sacred, and the emergence of nonordinary realities (Bellah, Joas). Finally, the continuing provocative force of Durkheim’s sociology of knowledge is explained by systematizing the various tensions within Durkheim’s arguments as well as within and between its appropriations.
Negative Predicates
Authors: Moeschler Jacques
Published: May 2020

The main goal of this chapter is to explain why natural language needs negative predicates to express negative contents. In contrast with syntactic negation, negative predicates exhibit some semantic properties, which are not expressed syntactically: they are complete semantically, restricted to lexical categories, and encode a negative feature. On the other hand, negative predicates are motivated pragmatically: they are stronger statements than syntactic negation; they realize, under syntactic negation, mitigated assertions; they cannot express metalinguistic negation, as syntactic negation does. One relevant semantic proposal (Horn 1989) is the distinction between two negation operators: ¬, realized syntactically, and ©, realized lexically. This chapter does not only give arguments supporting these properties, but also provides an explicit account of the relation between syntactic negation and negative predicates.
Negative Quantifiers
Authors: Zeijlstra Hedde
Published: May 2020

This chapter discusses two puzzling phenomena in the domain of negative quantifiers: the so-called nall-problem and the existence of split-scope readings triggered by negative indefinites. The nall-problem concerns the fact that no language in the world lexicalizes negated universal quantifiers (with the meaning ‘not every’) and other negated high-scale elements. Negative Indefinites in languages such as Dutch and German may give rise to so-called split scope readings. Sentences like German Du must keine Krawatte anziehen (‘you must wear no tie’) have a reading where the modal takes scope in between the negation and the indefinite. That suggests that prima facie negative indefinites are not negative quantifiers in a straightforward sense. This chapter briefly discusses and evaluates the main analyses that have been put forward to account for these puzzles.
Calculating the Scope of Negation
Authors: Fleisher Nicholas
Published: May 2020

This chapter investigates scopal interactions between sentential negation and quantifiers, with special attention to the relative scope of negation and quantificational subjects. It examines a variety of proposals that explore the influences of phrase structure, focus, topic, and other pragmatic factors on the scope of negation. It also examines the related phenomena of incorporated negation in quantifiers and negative islands.
Negation and Alternatives
Authors: Fălăuş Anamaria
Published: May 2020

This chapter investigates the interplay between negation and alternatives, one of the richest areas of investigation for the semantics-pragmatics interface, with significant insights into how meaning is compositionally calculated and the role context plays in this process. It explores the focus-sensitivity of negation and the role of syntactic factors in determining the scope of negation with respect to focused elements. The semantic effects produced by the interaction between negation and focus alternatives are approached by discussing two empirical domains (i) focus-sensitive particles and (ii) focused and non-focused negative polarity items.
Intervention Effects with Negation
Authors: Mayr Clemens
Published: May 2020

Negation inhibits certain wh-dependencies. This chapter investigates two kinds of intervention effects: negative islands such as *How didn’t John behave? and Beck-effects such as *Which student did no one give which book to? It is shown that both types of intervention effects call for a semantic or pragmatic rather than a syntactic explanation. At the same time, it is argued that the two types should not be reduced to one. Different semantic and pragmatic approaches to the data are surveyed and issues for future research are highlighted.
Denial
Authors: Ripley David
Published: May 2020

Denial is something we do; it is a speech act. Negation, on the other hand, is a particular lexical item. Despite being very different kinds of things, denial and negation certainly seem to have something to do with each other. There’s something negative about them both. This ‘negative’ aspect, whatever it is, unifies denial and negation across these categories. It is something that denial does not share with the speech act of assertion, for example, although they are both speech acts; nor does negation share it with, say, ‘must’, although they are both lexical items. There are a range of theories about the relationships between negation and denial. This article aims to give a brief overview of these theories, and to indicate some of the reasons for and against each.
Negative Polarity Items
Authors: Tovena Lucia M.
Published: May 2020

This chapter investigates the phenomenon of negative polarity sensitivity. The term negative polarity items (NPIs) has been introduced in the literature to refer to forms whose distribution was observed to polarize in negative contexts. NPIs can vary from indefinites that take a special form when they occur in the scope of negation, e.g. any in English, to DPs functioning as minimizers, e.g. a drop, verbal idiomatic expressions such as lift a finger, and more. NPIs are often characterized indirectly by analyzing their distribution in terms of licensing contexts. Sentential negation is a typical licensor that is required to c-command an NPI. A weaker but more inclusive semantic notion of negativity shared by many licensing environments is provided by downward monotonicity. Distributional patterns also led to distinguishing between weak NPIs and stronger NPIs, the latter being restricted to a subset of contexts from the broad selection of licensing environments.
Quantitative Studies of the Use of Negative (Dependent) Expressions
Authors: Wallage Phillip
Published: May 2020

Many recent quantitative studies examine the use of English negative-dependent expressions, focusing on variation between no-negation and not-negation. Tottie, Varela-Perez, Wallage, Childs, Burnett et al. identify several constraints on this variation–notably verb-type and discourse-function—which, in turn, inform the structural analysis of Present-day English negative words and negative clauses. Explaining its origins, Tottie hypothesizes that variation between no-negation and not-negation is a consequence of the ongoing lexical diffusion of not. However, statistical analyses of diachronic corpus data provide evidence against this hypothesis. They indicate that variation between no-negation and not-negation is stable and historically persistent from the sixteenth century to the Present-day, suggesting that it is established during Middle English (eleventh to fifteenth centuries) through the interaction of two independent changes to the syntax of negation—the Jespersen Cycle and the quantifier cycle.
Evolution of Negative Dependencies
Authors: Gianollo Chiara
Published: May 2020

This chapter reviews the diachronic processes affecting indefinites in the scope of negation and other nominal elements that enter the negation system as strengtheners of the sentential negative marker. Changes involving indefinites interweave with Jespersen’s Cycle because changes in the syntactic nature of the negative marker may lead to the creation of syntactic dependencies between negative items in the clause. In turn, indefinites themselves are subject to diachronic clines and cyclical processes of change modifying their pragmatic and semantic properties and renewing their form and their featural content. A particularly intriguing systematic phenomenon leads originally positive elements to become more ‘negative’, in ways that will be explored in this chapter by means of examples from the diachrony of various languages.
Negation, Prosody, and Gesture
Authors: Prieto Pilar , Espinal M. Teresa
Published: May 2020

This chapter describes the current state of the art with regard to the contribution of prosody and gesture to the semantic and pragmatic expression and interpretation of negation. A review of the literature shows that three types of speech acts involving negation (e.g. denial, rejection, and metalinguistic negation) can be encoded through differentiated prosodic and gestural means across languages. Negative elements in denials tend to be prosodically highlighted through the use of high tones in tonal languages or pitch accentual prominence in intonational languages. By contrast, specific intonational contours are used differently across languages to express a speech act of rejection, whether in questions or in statements. Metalinguistic or corrective speech acts, which express a speaker’s attitude of disapproval, can also be identified by means of prosodic prominence. All three types of speech act tend to be accompanied by specific gestures. This chapter also shows the central role played by prosody and gesture in the interpretation of the semantic scope of negation, as well as in the interpretation of negative shifts affecting so-called double negation phenomena and bare polar particle responses. The chapter concludes by analyzing the interaction between prosodic and gestural modes of communication in adult and child speech, and suggests possible avenues for further research on the prosody–gesture negation interface.
Negation and First Language Acquisition
Authors: Thornton Rosalind
Published: May 2020

This chapter investigates children’s acquisition of negation from a cross-linguistic perspective. The chapter reviews topics in the syntax, semantics, and pragmatics of negation in children’s grammars. Discussion of the syntax of negation in early grammars includes the hierarchical position of negation in children’s early structures, internal versus external negation, and the syntactic category of the negative marker. Topics relevant to 3- to 5-year-old grammars include children’s access to double negation, whether or not children acquiring Standard English permit negative concord as part of their core grammar, and children’s negative question structures. Children’s acquisition of the semantics of negation is covered in a discussion of negation as a licensor of any and of disjunction. The investigations underline the importance of providing appropriate pragmatic contexts in experiments targeting children’s production and comprehension of negation.
Cognitive Precursors of Negation in Preverbal Infants
Authors: Hochmann Jean-Rémy
Published: May 2020

The meaning of verbal negation cannot be created ex-nihilo when words like ‘no’ and ‘not’ are first acquired. Rather, there must exist pre-lexical precursors of negation. This chapter, guided by the analysis of the meaning of early negative utterances, explores the infant cognition literature, in search of such precursors. We show that infants are able to learn behaviors relying on avoidance and to react to unfulfilled expectations. Furthermore, we present recent results suggesting that infants are able to represent the relation different (i.e. not the same), and that such representation suggests the existence of a precursor to truth-functional negation. Finally, the chapter discusses a fourth possible precursor of negation: inhibition.
The Morpho-Syntactic Nature of the Negative Marker
Authors: Gianollo Chiara
Published: May 2020

This chapter is dedicated to the morpho-syntactic properties of markers of sentential negation, and to the relation between such properties and other aspects of the syntax of negation. It reviews the results of cross-linguistic research and describes the different forms of negative markers (affixes, particles, auxiliary verbs, complementizers). It also discusses a number of correlations between the form of the sentential negative marker and more general structural aspects (doubling, pre- vs. postverbal negation, presence of Negative Concord).
Negative Polarity Illusions
Authors: Muller Hanna , Phillips Colin
Published: May 2020

Although decades of research have illuminated the licensing requirements, both syntactic and semantic, of negative polarity items, the matter of how these licensing requirements are satisfied in real time, as a sentence is being processed, remains an ill-understood problem. Grammatical illusions—cases where native speakers, as they comprehend an ungrammatical sentence, experience a fleeting perception of acceptability—offer a window into online computations like NPI licensing. This chapter reviews the findings on negative polarity illusions, their parallels (and, in some cases, the lack of parallels) with other grammaticality illusions, and the implications of this line of research for understanding the incremental processing of negative sentences as well as negative polarity phenomena more broadly.