bluuebunny/crossref_metadata_2025 huggingface dataset:
Gender Stereotypes and Stereotyping
Authors: Biernat Monica , Sesko Amanda K.
Published: January 2018

This chapter delves into the theoretical and empirical literature on gender stereotypes to describe how gender stereotypes are conceptualized and measured, how these group-level stereotypes affect judgments of and behaviors toward individual women and men, and the implications of those judgments and behaviors for equitable policies and social institutions, such as schools and workplaces. It highlights both the assimilative influence of gender stereotypes, whereby perceivers judge individual women and men consistently with gender stereotypes, and their contrastive influence, whereby stereotypes serving as comparative standards of judgment may produce counterstereotypical outcomes. The importance of context in understanding the effects of stereotypes and the importance of considering gender in combination with other demographic categories are emphasized. The chapter ends with some consideration of self-stereotyping effects.
Contemporary Theory in the Study of Intimacy, Desire, and Sexuality
Authors: Diamond Lisa M.
Published: January 2018

This chapter reviews contemporary theory and research on romantic love, sexual desire, and sexual orientation, highlighting some of the most intriguing recent developments and future questions, and taking a fundamentally interdisciplinary approach that seeks to integrate different disciplinary perspectives (biological, evolutionary, psychological, cultural). A chief goal of the chapter is to move beyond many of the hackneyed and simplistic “nature/nurture” debates that continue to dominate work in this area. It provides a forum in which different frames of reference—and the tensions between them—can be engaged to highlight the nuances and complexities of human experience. Topics discussed include romantic love, sexual desire, sexual orientation, and change over time in the expression of sexuality.
Categories, Gender, and Development
Authors: Scholnick Ellin K. , Miller Patricia H.
Published: January 2018

Developmental psychologists typically have viewed gender development as learning which group one belongs to and what behaviors are associated with each group. A typical chapter on gender development would focus on delineating the components of gender such as male-female differences and debates about the origin of those differences. It would present accounts of the development of a gender identity as a male or a female as well as the consequences of personal gender identity throughout the life span. This chapter takes a different track: It contends that those scientific accounts of the study of gender are themselves a product of a gender system, which provides both the meaning and evaluation of gender categories. The authors show how our ways of thinking about gender categories arise from the gendered organization of society, allocation of power, and cultural beliefs.
Introduction
Authors: Ali Muna
Published: January 2018

This introductory chapter presents three vignettes that illustrate the four narratives that frame this book: the notion of an identity crisis among young Muslims, the purported conflict between a “pure or true” Islam and a “cultural” Islam, an alleged “Islamization of America,” and the imperative for creating an American Muslim community and culture. It also sketches the methodology employed in the book, detailing the centrality of a narrative framework from the inception of this project to its methods, the challenges encountered, the analysis, and ultimately to the production of this ethnographic narrative. This beginning chapter argues that narrative is a particularly useful way to examine identity.
The “Identity Crisis” of Younger Muslims
Authors: Ali Muna
Published: January 2018

This chapter considers the narrative of an alleged “identity crisis” among young Muslim Americans, whereby they are torn between seemingly irreconcilable worlds of home/community/Islam and a secular society and that presumably puts them at risk for radicalization. The chapter dissects this narrative, then examines the theoretical landscape for identity formation and constructs an alternative synthesis that serves as the theoretical framework for this book. The chapter then explores the participants’ self-narrations of how they see themselves through recountings of childhood experiences at home, school, college, and as adults. This chapter argues that rather than suffering from this pathologized “identity crisis,” young Muslims struggle with issues of normal development, recognizing the difficulty of being a young person marked in American society by multiple differences (race, ethnicity, and religion); but they learn to navigate that challenging course and construct a sense of self that incorporates all the different “parts” of themselves, as one of the participants put it.
The “Islamization of America”?
Authors: Ali Muna
Published: January 2018

In addition to the diverse Muslims who invoke the narrative of “pure/true” Islam, there is an unlikely group of non-Muslims Americans who argue that rather than fringe extremist Muslims perverting Islam, it is actually the “pure/true” Islam followers who threaten America and Europe. This alarmist group consists of some conservatives, some political and religious leaders, some new atheist icons, and a cadre of former and current Muslims, many of whom claim to be feminists. This chapter examines the different ideological trends within this diverse group and explores how its members have constructed a narrative of the “Islamization of America.” Through a case study, the chapter demonstrates how this discourse shifted from the margins to the mainstream. It explores whether the rhetoric and actions this narrative inspires is Islamophobia, anti-Muslim racism, or merely a legitimate critique of Muslims and Islam; and the chapter argues that this narrative serves as a strong instrument in the racialization process of Muslims.
“Creating” an American Muslim Culture
Authors: Ali Muna
Published: January 2018

This chapter examines who and what has inspired the call for “creating” an American Muslim culture, as well as its contested meanings. It argues that this process is one of cultural citizenship that creates a space to at once be different and to belong, a space for creative self-expression and contribution. This process challenges immigrant Muslims’ othering of converts, the black/white color line that defines authentic citizenship and belonging to America, as well as the nativist anti-immigrant discourse that marginalizes cultural differences, especially those of “new minorities.” This chapter explores Muslim American institutions and their artistic expressions (visual and performative art and literature) that contribute to America’s culture. It argues that these cultural expressions are technologies for the construction of self, community, national identities, and the meaning and relationships that sustain them. Additionally, they serve as “discursive resources” to both present and represent oneself and one’s group, and with which to struggle against marginalizing and racist ideologies and practices.
Closing Thoughts
Authors: Ali Muna
Published: January 2018

This final chapter summarizes the points made in the previous chapters and closes with the vision of the project collaborators for the future, including the role they see for themselves and their community in society and on the world stage. The chapter demonstrates the interwoven nature of the four narratives explored in this book, which circulate locally, nationally, and internationally; it has examined their role in shaping the perspectives of both individuals and collectives in the Muslim community.
Is the Bible Racist?
Authors: Laats Adam
Published: January 2018

The civil rights movement helped all Americans reevaluate their ideas about racial equality and justice. On the campuses of evangelical and fundamentalist schools, that debate was fueled by a conflicted history of racism and anti-racism among white evangelicals. A few schools, led by Bob Jones University, insisted that racial segregation was an intrinsic part of true fundamentalist religion. Most other institutions, however, moved in fits and starts toward greater racial egalitarianism. By the 1970s, those debates also included a new and expanding network of evangelical and fundamentalist K-12 schools, schools dependent on colleges and universities for their teachers and textbooks as well as for their guiding philosophies.
Introduction
Authors: Vallier Kevin , Weber Michael
Published: January 2018

Exemptions from legal requirements—in particular religious exemptions—have been a major topic of political debate and controversy in recent years. Bakers in various states have sought the right to refuse to make wedding cakes for same-sex couples, despite the Supreme Court’s validation of same-sex marriage in ...
On the Constitutionality and Political Morality of Granting Conscience-Protecting Exemptions Only to Religious Believers
Authors: Vallier Kevin , Weber Michael
Published: January 2018

Under the constitutional law of the United States, government is not required to grant conscience-protecting exemptions. However, when it chooses to grant some such exemptions, government may not privilege religious conscience over secular conscience or disfavor secular conscience relative to religious conscience. In short, government may not discriminate against secular conscience. Moreover, under the political morality of human rights—in particular, under the human right to religious and moral freedom—government should not disfavor secular conscience relative to religious conscience. In that sense, and to that extent, the constitutional law of the United States and the political morality of human rights are aligned.
Neutrality and the Religion Analogy
Authors: Vallier Kevin , Weber Michael
Published: January 2018

Neutralitarian liberalism, which holds that the state should be neutral toward controversial conceptions of the good, is often defended as a generalization from religious liberty—a more abstract statement of the principle that supports the tradition of religious freedom. The analogy misapprehends the core case upon which it is based. The American tradition of freedom of religion itself rests on a controversial conception of the good: the idea that religion is valuable and that legal rules should be crafted for the purpose of protecting that value. Disestablishment entails a kind of neutrality toward certain contested conceptions of the good. This, however, is not neutralitarian liberalism and in fact is inconsistent with it.
Prioritizing Religion in Vaccine Exemption Policies
Authors: Vallier Kevin , Weber Michael
Published: January 2018

The most common method that US state governments use to restrict access to exemptions from school and daycare vaccine mandates is to provide exemptions only to people who object to vaccination for religious reasons. However, there are moral reasons for states not to prioritize vaccine exemptions for religious objectors. They should also offer personal belief exemptions. Furthermore, states should not try to restrict exemptions by focusing on the reasons (religious or otherwise) that people give for objecting to vaccines. It would be better to focus on the intensity of an objector’s commitment to refuse vaccines, which we can assess by making vaccination exemption application processes more burdensome to complete.
Religious Conscience and the Private Market
Authors: Vallier Kevin , Weber Michael
Published: January 2018

When should an appeal to religious conscience exempt a business owner from providing a private market service? Recent cases in state and federal courts evince the need for a philosophical treatment of the success conditions for religious conscience exemptions. In this essay I assume that the conscience objection is focused on a law to perform a private market services. I begin with some conceptual clarifications, proceed to examine cases, and argue for an account. I propose that a religious conscience exemption ought to be granted if the act concerns a sacred matter according to an epistemically live religious tradition, a tradition that is believed by a group of persons and is not common knowledge that it is false. On the view I argue for an appeal to common knowledge is crucial for fairly balancing the competing rights of religious autonomy and anti-discrimination.
In Defense of the Sincerity Test
Authors: Vallier Kevin , Weber Michael
Published: January 2018

Both legal scholars and judges have expressed discomfort with rigorously questioning the sincerity of plaintiffs requesting a religious exemption. Many have claimed that the sincerity test is in fact impossible to perform accurately, or poses grave risks of improper or biased application. These arguments overlook the fact that courts routinely evaluate the religious sincerity of certain categories of claimants, including incarcerated persons, by applying a sensible test based on neutral and objective factors. This article demonstrates that the most common criticisms of the sincerity test are largely speculative and not supported by case law. It also reveals that the test is currently applied most often to litigants who are members of a disfavored social class. Finally, this chapter outlines a model sincerity test based on existing case law, and contends that this test should become a routine part of all religious exemption litigation.
Introduction
Authors: Ryan Eileen
Published: January 2018

Italian imperialism in the early twentieth century left behind a legacy that is seldom far below the surface in postcolonial Libya. The ability to trace a lineage of resistance conferred political legitimacy in the formation of a national identity. In Italy today the legacies of imperial expansion are less accessible but no less important. The decision to occupy Libya occurred at a pivotal moment in the development of Italian national identity in the decades after Italian unification. Debates over an Italian approach to expansion in Muslim North Africa served as an opportunity to define the nature of religious identity in the nation as Italy attempted to join the ranks of the European imperial powers.
Occupation, War, and the Transformation of the Sanusiyya
Authors: Ryan Eileen
Published: January 2018

Fierce opposition to the Italian invasion of Libya in October 1911 demonstrated the fallacies of Insabato’s predictions that a positive Italo-Sanusi relationship would lead to an easy victory. Nevertheless, Italian colonial officials continued to pursue an alliance with the Sanusiyya as a central objective. During World War I Italian and British officials toyed with the idea of exacerbating divisions within the Sanusi family, descendants of the man credited with founding the Sufi order. Rather than negotiating with the recognized head of the Sanusiyya, Ahmed al-Sharif, officials promoted the leadership of his younger cousin, Idris al-Sanusi. In the context of prolonged war, Idris’s negotiations with European officials met with widespread approval among Sanusi elites. For Italian colonial officials, the development of a power-sharing relationship with Idris meant minimizing the Catholic identity of Italian colonial rule, much to the dismay of missionaries and Catholic political interests in Rome.
Railways and Resistance
Authors: Ryan Eileen
Published: January 2018

Idris al-Sanusi’s claims to political authority grew in direct relationship to the spread of the colonial state after World War I. One of the primary objectives of negotiations for both parties was the expansion of railway networks in the Cyrenaican interior. Railways symbolized Italy’s arrival as a modern imperial power. For Idris, railways also promised to secure a Sanusi monopoly over trading routes as a source of political authority. The emphasis on railways, however, led to a loss of support from Idris’s political base. Railway construction threatened to undermine the dominance of Sanusi-affiliated tribes over trans-Saharan trade routes based on their access to camels and water supplies. Facing the dissolution of support for his position as a colonial intermediary, Idris al-Sanusi left for self-imposed exile in Egypt in early 1923, months after the rise of a fascist movement in Italy that embraced a virulent form of nationalist expansion.
Essay on Sources
Authors: Ryan Eileen
Published: January 2018

In 1978 the Centre for Libyan Studies in Tripoli began organizing the collection and preservation of oral testimonies from former mujahidin, those who had taken up arms against the Italian occupation. The collection provides an invaluable source of memories of warfare and resistance in colonial North Africa. At the same time, however, it poses certain challenges to historians. The structure of the interviews emphasized military history over daily life in colonial Libya, and the context of Qadhafi’s Libya required a myopic focus on armed resistance that obscures the wide variety of responses to Italian occupation. Nevertheless, the collection provides a rich source of colonial history and postcolonial memorialization.
The Goodness of Home
Authors: Marandiuc Natalia
Published: January 2018

The question of what home means and how it relates to subjectivity has fresh urgency in light of pervasive contemporary migration, which ruptures the human self, and painful relational poverty, which characterizes much of modern life. Yet the Augustinian heritage that situates true home and right attachment outside this world has clouded theological conceptualizations of earthly belonging. This book engages this neglected topic and argues for the goodness of home, which it construes relationally rather than spatially. In dialogue with research in the neuroscience of attachment theory and contemporary constructions of the self, the book advances a theological argument for the function of love attachments as sources of subjectivity and enablers of human freedom. The book shows that paradoxically the depth of human belonging—thus, dependence—is directly proportional to the strength of human agency—hence, independence. Building on Søren Kierkegaard’s imagery alongside other sources, the book depicts human love as interwoven with the infinite streams of divine love, forming a sacramental site for God’s presence, and playing a constitutive role in the making of the self. The book portrays the self both as gifted from God in inchoate form and as engaged in continuous, albeit nonlinear becoming via experiences of human love. The Holy Spirit indwells the attachment space between human beings as a middle term preventing its implosion or dissolution and conferring a stability that befits the concept of home. The interstitial space between loving human persons subsists both anthropologically and pneumatologically and generates the self’s home.
Why Home?
Authors: Marandiuc Natalia
Published: January 2018

Against a backdrop of contemporary migration that ruptures the human self, home is significant. The chapter argues, however, that home should be understood relationally rather than spatially, entailing of a nexus of interweaving human and divine loves. The goodness of home consists in its power to create and sustain human subjectivity. And while Augustine notoriously denies the goodness of both creaturely attachments and an earthly home, he brings together the proper triad of concepts: home, love, and the self. It is argued that Søren Kierkegaard inherits this Augustinian framework, yet unlike Augustine, he affirms that human love builds up the self. The chapter extends Kierkegaard’s argument constructively and proposes that human love attachments are indelible components of human subjectivity, just as, it is suggested, Jesus himself expressed a need for human love.
Theological Implications from Attachment Theory
Authors: Marandiuc Natalia
Published: January 2018

The chapter places theological anthropologies that focus on the connectedness of the self in dialogue with key findings and claims advanced by attachment theorists. One of the most amply researched and pragmatically employed frameworks in contemporary neuropsychology, attachment theory contends that human subjectivity is the product of human attachments. Attachment figures provide an environment of perceived safety within which and out of which the self can pursue other activities in freedom; should attachment needs remain unmet, human actions would be inhibited. Self-actualization depends upon secure attachments that home the self. In fact, the term “home” is a key technical concept for attachment theory: secure attachments constitute a secure home for the self.
A Developmental Psychopathology Perspective on Substance Use
Authors: Cicchetti Dante , Rogosch Fred A.
Published: January 2018

In this chapter, a developmental psychopathology conceptualization of child maltreatment is presented as an overarching heuristic with relevance for understanding the development of alcohol and substance use and abuse. This chapter also provides illustrations from research on how child maltreatment contributes to problem substance use in adolescence. Child maltreatment represents an extreme failure of the caregiving environment to provide many of the expectable experiences necessary to facilitate normal developmental processes. Maltreatment ushers in a probabilistic epigenesis for children characterized by an increased likelihood of failure and disruption in the successful resolution of major developmental tasks. These repeated disruptions lead to compromised developmental organizations of diverse developmental systems that increase the probability of the emergence of maladaptation, psychopathology, and substance abuse as negative transactions between the child and the environment ensue. Person-centered personality organizations and genetic moderation of maltreatment risk on substance use outcomes are also highlighted.
Implications of Heterogeneity in Alcohol Use Disorders for Understanding Developmental Pathways and Prevention Programming
Authors: Hussong Andrea M. , Rothenberg W. Andrew , Smith Ruth K , Haroon Maleeha
Published: January 2018

This chapter discusses current conceptualizations of heterogeneity in alcohol use disorder (AUD), characterizes developmental pathways that lead to different subtypes of AUDs, and discusses how such pathways can inform preventive program design. Specifically, it reviews the “internalizing” and “externalizing” developmental pathways to AUDs. The externalizing pathway is characterized by a core deficit in behavioral control, whereas the internalizing pathway is characterized by a core deficit in emotion regulation. Both pathways predict drinking onset and escalation to AUD for some individuals. The chapter calls for the development of interventions to treat early childhood precursors to AUDs, innovative methods to identify individuals at risk for early emerging AUDs, additional investigation of how core pathway deficits operate across development, and greater consideration of how externalizing and internalizing pathways may interact within and across individuals.
A Developmental Perspective on the Genetic Basis of Alcohol Use Disorder
Authors: Trucco Elisa M. , Schlomer Gabriel L. , Hicks Brian M.
Published: January 2018

Approximately 48–66% of the variation in alcohol use disorders is heritable. This chapter provides an overview of the genetic influences that contribute to alcohol use disorder within a developmental perspective. Namely, risk for problematic alcohol use is framed as a function of age-related changes in the relative contribution of genetic and environmental factors and an end state of developmental processes. This chapter discusses the role of development in the association between genes and the environment on risk for alcohol use disorder. Designs used to identify genetic factors relevant to problematic alcohol use are discussed. Studies examining developmental pathways to alcohol use disorder with a focus on endophenotypes and intermediate phenotypes are reviewed. Finally, areas for further investigation are offered.
Brain Functional Contributors to Vulnerability for Substance Abuse
Authors: Heitzeg Mary M.
Published: January 2018

Substance use disorder (SUD) is one of the most significant health concerns worldwide; therefore, understanding the mechanisms that precede the onset and contribute to the escalation of substance use from childhood to adulthood is vital. Evidence suggests that behavioral undercontrol and negative affectivity are two behavioral pathways through which risk for SUD emerges across development. This chapter discusses studies that probe the neural systems underlying these behavioral phenotypes in high-risk youth from the Michigan Longitudinal Study, a prospective study of families with high levels of parental SUDs. The focus is on work that integrates behavioral trait, developmental, neurobiological, and, in some cases, genetic frameworks to develop a better understanding of the risk factors leading to SUDs.
A Framework for Studying Parental Socialization of Child and Adolescent Substance Use
Authors: Donovan John E.
Published: January 2018

This chapter presents a model of parental socialization that summarizes the interrelations among parental modeling of substance use, parent approval, parental monitoring and control, parent–child relationship quality, child cognitions, friends’ substance use, and child/adolescent substance use. Parental alcohol consumption, smoking, and drug use are significant predictors of child and adolescent drinking, smoking, and marijuana use. Parental substance use is associated with lower quality parenting and family management practices and lower quality relationships with offspring, both of which are associated with greater offspring substance use. Parental substance use, parental approval, parenting practices, and relationship quality are associated with adolescents’ affiliation with substance-using friends. Parental non-use, effective parenting practices, and good-quality parent–child relationships buffer the relation between friends’ modeling of substance use and adolescent offspring substance use. The model should facilitate the development of targeted tests of its utility for generating new research on the socialization of adolescent substance use.
Developmental Transitions and College Student Drinking
Authors: Ichiyama Michael , Wescott Annie , Swart Kayla , Harrison Sarah , Birch Kelly
Published: January 2018

Alcohol misuse on college campuses is an ongoing national public health concern. For many young adults, the transition to college is a high-risk period for the initiation or continuation of problem drinking behaviors. Contrary to assertions of diminishing influence of parents on their children once they enter college, a substantial body of recent research supports the continuing protective influence of parents on the drinking behavior of college students. This chapter reviews the empirical research literature examining parental influences on college student drinking. Recent studies on parental influence on college drinking include parenting styles, parental monitoring, parent–child communication, parental modeling and attitudes toward drinking, and parental relationship quality. Recently developed parent-based interventions designed to reduce problem drinking on college campuses are described and reviewed. Recommendations for parents of college-bound children are provided to help reduce the risk for the development of problem drinking during this important developmental transition.
Developmental Transitions and Emergent Causative Influences
Authors: Levitt Ash , Leonard Kenneth E.
Published: January 2018

Interaction–developmental models of alcohol use and related problems embrace the potential for multifactorial and bidirectional influences on and from alcohol consumption that gain or lose importance during different developmental transitions. From this perspective, the key transition to marriage and the accompanying changes during the early years of marriage reflect new influences and reshape many existing ones. Given changes in the social environment and alcohol use and problems over time associated with marriage, this transition provides an ideal time frame in which to observe these critical processes. This chapter focuses on alcohol use and problems that occur during the transition to and throughout the early years of marriage and also the impact of the marital partner and the broader social environment.
Integrative Data Analysis from a Unifying Research Synthesis Perspective
Authors: Mun Eun-Young , Ray Anne E.
Published: January 2018

Integrative data analysis (IDA) is a promising new approach in psychological research and has been well received in the field of alcohol research. This chapter provides a larger unifying research synthesis framework for IDA. Major advantages of IDA of individual participant-level data include better and more flexible ways to examine subgroups, model complex relationships, deal with methodological and clinical heterogeneity, and examine infrequently occurring behaviors. However, between-study heterogeneity in measures, designs, and samples and systematic study-level missing data are significant barriers to IDA and, more broadly, to large-scale research synthesis. Based on the authors’ experience working on the Project INTEGRATE data set, which combined individual participant-level data from 24 independent college brief alcohol intervention studies, it is also recognized that IDA investigations require a wide range of expertise and considerable resources and that some minimum standards for reporting IDA studies may be needed to improve transparency and quality of evidence.
State Takeovers and Black and Latino Political Empowerment
Authors: Morel Domingo
Published: January 2018

How is black and Latino representation affected by state takeovers of local government? Since racial minorities have had a complex history in the struggle between local autonomy and centralized authority, when does state centralization lead to increased political empowerment for racial minorities? Conversely, when does centralized authority negatively affect political empowerment among racial minorities? To answer these questions, the chapter examines how state takeovers of local school districts affect black and Latino descriptive representation on local school boards. Relying on a case study of Newark, New Jersey, and analysis of every state takeover of a local school district, the chapter shows that contrary to conventional wisdom, takeovers and centralization can increase descriptive representation among marginalized populations. On the other hand, the chapter also shows that under other conditions, takeovers are even more disempowering than the scholarship has previously imagined and understood.
Why Take Over?
Authors: Morel Domingo
Published: January 2018

Why do states take over local school districts? Additionally, why are Republicans—usually the champions of local control and decentralization—leading the efforts to take over local school districts? Finally, why do state takeovers disproportionally affect black communities? Relying on historical analysis and an original data set of nearly 1,000 school districts, the chapter argues that although concerns about academic performance are the main public justification for a state takeover, politics was a major factor in the emergence of state takeovers. Since school politics was a source of political mobilization for black communities, it became a central point of contention between conservatives at the state level and black political leadership at the local level. The conservative response was to promote a conservative education logic that has professed a concern with the education of black students and other students of color while investing in the political failure of their communities.
Epilogue
Authors: Morel Domingo
Published: January 2018

On January 18, 2014, Newark was once again at the center of the black political power universe, as it had been in July 1967, when the city hosted the first National Conference on Black Power. This time, generations of activists gathered in Newark to commemorate the life of Amiri Baraka (formerly LeRoi Jones), a poet, an activist, and one of the most influential black political and intellectual figures in the late 20th century. The ceremony was officiated by the actor and activist Danny Glover and included performances and poetry readings, including a poem written by Maya Angelou and read by Sonia Sanchez. The scholar Cornel West also spoke at the funeral, and the Rev. Jesse Jackson spoke to an audience of thousands the night before at Baraka’s wake....
Introduction
Authors: Thompson Douglas I.
Published: January 2018

In academic debates and popular political discourse, tolerance almost invariably refers either to an individual moral or ethical disposition or to a constitutional legal principle. However, for the political actors and ordinary residents of early modern Northern European countries torn apart by religious civil war, tolerance was a political capacity, an ability to talk to one’s religious and political opponents in order to negotiate civil peace and other crucial public goods. This book tells the story of perhaps the greatest historical theorist-practitioner of this political conception of tolerance: Michel de Montaigne. This introductory chapter argues that a Montaignian insistence that political opponents enter into productive dialogue with each other is worth reviving and promoting in the increasingly polarized democratic polities of the twenty-first century.
The Pleasure of Diversity
Authors: Thompson Douglas I.
Published: January 2018

This chapter investigates Montaigne’s fascination with the irreducible diversity of human beliefs, opinions, and forms of life. Montaigne uses his literary self-portrait to model a new attitude toward this diversity. Instead of fearing or fighting it, Montaigne portrays himself as experiencing pleasure in direct contact and dialogue with a diverse range of people, especially members of other religions and cultures. He expresses this pleasure both directly, by telling us about his own joy in these encounters, and indirectly, with comical, carnivalesque forms of prose. The chapter then compares this theme of the Essais with Judith Shklar’s use of Montaigne as a model for her conception of a “liberalism of fear.”
Exiting the Marketplace of Intolerance
Authors: Thompson Douglas I.
Published: January 2018

This chapter investigates Michel de Montaigne’s treatment of the emergent discourse of reason of state. It shows that Montaigne neither affirms nor rejects reason of state; instead, he argues both for and against it without resolution. His purpose is to highlight the danger of following elite justifications for violence, given either in terms of political necessity or with moral reasons. Montaigne seeks to call into being a public with the capacity to resist elites’ stimulation of popular demand for intolerant policy and their promises to supply it. In doing so, Montaigne develops an original early theory of public opinion and its role in tolerance conflicts. The chapter engages with Bernard Williams’s conception of tolerance in terms of “political realism.”
Economic Adjustment through Group Subsidization
Authors: Vail Mark I.
Published: January 2018

This chapter analyzes how the German tradition of corporate liberalism has shaped policy outcomes in fiscal policy, labor-market policy, and financial regulation since the early 1990s. After German reunification and in the wake of the fiscal-policy strictures of the Maastricht Treaty, German authorities developed reform strategies designed to support economic growth, reduce unemployment, and modernize their financial systems. In so doing, they rejected neoliberal prescriptions in favor of policies that sheltered and subsidized core groups in their export-based growth model, in particular skilled workers and employers in export sectors, internationally competitive SMEs, and economically strategic financial institutions. In all three policy areas, reform trajectories of both Left and Right reflected corporate-liberal commitments to a supportive role for the state, the privileging of mesoeconomic policy instruments between macro and micro levels, and an emphasis on core groups as central political-economic constituencies, often at the expense of peripheral or unincorporated outsiders.
Introduction
Authors: Douglas Gordon C.C.
Published: January 2018

The first chapter introduces and defines the phenomenon of DIY urban design: unauthorized yet intentionally functional and civic-minded improvements to urban spaces, in forms inspired by official streetscape planning and design elements. It then sets up the social and discursive contexts for the study, including its main theoretical engagements—with the persistence of social inequality, the spectrum of formality and informality, the value of the concept of legitimacy in urban placemaking, and the contradictions of participatory citizenship. The chapter also discusses the research design and methodology for the book (also described in detail in Appendix 2) and lays out a brief plan and summary of the chapters to come.
Individualizing Civic Responsibility
Authors: Douglas Gordon C.C.
Published: January 2018

Chapter 3 demonstrates that DIY urban designers are largely motivated by failings they perceive in urban policy and planning. Placing them in this context is essential for interpreting the phenomenon. While do-it-yourselfers respond to the problems they see in creative ways, their individualistic tactics of doing so introduce problems of their own. The chapter focuses on bus stops to consider the lack of sidewalk seating in many cities, the privatization of street furniture, and concerns with local service provision. In trying to correct problems they see, do-it-yourselfers always impart their own personal and cultural values, and some DIY alterations can be selfish and anti-social in impact. The chapter interrogates DIY urbanism in the context of the “neoliberalized” city, arguing that even as the practices aim to counter the ill effects of market-driven planning, they can also reinforce an individualistic, undemocratic logic in placemaking.
The Spatial Reproduction of Inequality
Authors: Douglas Gordon C.C.
Published: January 2018

Chapter 5 turns to a more immutable element of biography that also defines the typical do-it-yourselfer: most are white, middle-class men and thus operate from a position of considerable privilege in society, including in public space and in interactions with authority. People of color and people from low-income communities, on the other hand, are heavily disincentivized from participating in activities that skirt legal boundaries due to common societal prejudices and inequality. Some informal urbanisms occur in communities worldwide (and among under-served communities in certain contexts), but members of legally vulnerable groups in American cities are less likely to break the law to make local streetscape improvements, even though their communities often need official investment. Interventions by privileged do-it-yourselfers and the cultural values they represent, while more appealing to authorities, can provoke unwelcoming receptions and unintended consequences in the communities they aim to improve.
“Shioki (Control),” “Fuyo (Dependency),” and Sovereignty
Authors: Yanagihara Masaharu
Published: January 2018

This chapter’s purpose is to investigate the status of the Ryukyu Kingdom in early-modern and modern times, from the perspectives of specific periods rather than a contemporary viewpoint. The goal is to compare the traditional status of the Kingdom, peculiar to the region at that time, namely “shioki” or “fuyo,” to the idea of “sovereignty” or “independence” in modern European international law. Section I deals with the period from 1609 to the 1830s, before Western people rushed suddenly toward Ryukyu, whereas Section II discusses the status of the Ryukyu Kingdom in the 1840s and 1850s, in particular the nature of the Conventions concluded by the Kingdom with the United States (1854), France (1855), and the Netherlands (1859). Section III deals with a series of administrative regulations from 1872 to 1879 by the New Meiji government bearing on the status of Ryukyu, which is known as the “Ryukyu shobun (Ryukyu Disposition).”
Comparative International Law Within, Not Against, International Law
Authors: Forteau Mathias
Published: January 2018

The work of the ILC constitutes an interesting illustration of a positive interplay between international law and different domestic approaches to international law. Section I of this chapter identifies the institutional ingredients that are required in order for comparative international law to obtain a sufficiently representative conception of international law. Section II explores the main tools used by the ILC on the substantive plane to draft common rules on the basis of existing and possibly divergent state practice or opinio juris. Focus is placed on customary international law insofar as general principles of international law have never been considered by the ILC as a field to be explored on its own—presumably because both codification and progressive development of international law require the Commission to base its proposal at least on some emerging state practice.
National Legislatures
Authors: Cope Kevin L. , Movassagh Hooman
Published: January 2018

One critique of some common-law comparative legal academies is their intensively “court-centric” focus, which, some believe, “marginalize[s]” the role of the legislative branch. The same may be said of the extant comparative international law literature: most of it concerns the interpretive approaches of national courts. In fact, one of the field’s seminal pieces characterizes comparative international law as involving “comparative analyses of various domestic court decisions.” Not surprisingly, then, nearly all of this volume’s contributions deal mostly or exclusively with courts and judicial decisions. We agree that courts can play a large part in diversifying how international law works across different systems, but we contend that the foundation of the comparative international law project lies elsewhere. We argue that among the most important and underappreciated interpretative acts—and therefore, those currently most needing study—are the international law interpretations of national legislatures.
The Democratizing Force of International Law
Authors: Jain Neha
Published: January 2018

This chapter argues that international law has served as a useful tool for the Indian Supreme Court in fulfilling aims that have little to do with the court’s purported status as an organ of the international community. Rather, the Supreme Court has appropriated international legal norms to pursue primarily domestic goals. This chapter proceeds as follows. Section II gives an overview of the status of international law in the Indian constitutional scheme. Section III analyzes the creative uses of international law by the Indian Supreme Court to fill in and add to the content of constitutional rights and guarantees, enabling its encroachment into domains that are normally the prerogative of the legislature and the executive. Section IV puts forward a possible explanation for this appropriation of international legal norms and suggests that international law has performed a legitimizing function in the Supreme Court’s articulation of its vision of the state.
When Law Migrates
Authors: Goldenziel Jill I.
Published: January 2018

As record numbers of migrants have fled by sea in recent years, states have restricted their borders to protect national security. The challenge of balancing domestic security concerns with international human rights commitments has fallen to courts. Drawing on cases from the United States, Australia, and the ECtHR, this chapter will compare how the 1951 Refugee Convention has been interpreted across countries and over time. Its object is to compare when and how courts creatively avoid non-refoulement, the prohibition against returning refugees to a place where their lives are endangered, and when courts uphold a stricter interpretation of the principle. More broadly, this analysis sheds light on the question of what extraterritorial obligations human rights law demands. This chapter employs the techniques of comparative law to illuminate our understanding of what international refugee law, although ostensibly uniform, means when applied in various jurisdictions.
Comparative International Law and Human Rights
Authors: McCrudden Christopher
Published: January 2018

This chapter offers a justification for separating comparative international human rights law from other related scholarly approaches, using the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) as an example. Section II attempts to isolate the field of comparative international law from other connected fields. Section III sets out the necessary and sufficient elements that define the field of “comparative international human rights law.” Section IV considers differences between this approach and the broader approach adopted by the editors in their introduction, and suggests that such differences as exist may be due to the fact that human rights, and comparative international human rights law, have features that distinguish them from comparative international legal scholarship more generally. Section V concludes.
Who Cares about Regulatory Space in BITs? A Comparative International Approach
Authors: Broude Tomer , Haftel Yoram Z. , Thompson Alexander
Published: January 2018

Regulatory space has become one of the buzzwords of the debate on international investment protection law. Critics claim that investment law unduly constrains states’ regulatory space. Proponents contest that claim. This chapter analyzes state sensitivity to constraints on regulatory space from a comparative perspective, on the basis of quantitative analysis of textual coding of investor-state dispute settlement provisions in renegotiated bilateral investment treaties. The chapter is comprised of six sections. Section I is an introduction covering the impact of investor-state dispute settlement on state regulatory space. Section II discusses bilateral treaty-making and comparative international law research. Section III describes the comparative landscape of renegotiated BITs, and Section IV provides a comparative BIT content analysis and SRS. Section V sets forth a comparative empirical analysis of ISDS provisions. Section VI presents conclusions.
Islam and Party Politics
Authors: Pepinsky Thomas B. , Liddle R. William , Mujani Saiful
Published: January 2018

Islamic political parties and social organizations have capitalized upon economic grievances to win popular support. But existing research has been unable to disentangle the role of Islamic party ideology from programmatic economic appeals and social services in explaining these parties’ popular support. This chapter demonstrates that Islamic party platforms function as informational shortcuts to Muslim voters, and confer a political advantage only when voters are uncertain about parties’ economic policies. Using experiments embedded in an original nationwide survey in Indonesia, we find that Islamic parties are systematically more popular than otherwise identical non-Islamic parties only under cases of economic policy uncertainty. This relationship is driven by the most pious Muslims. When respondents know economic policy platforms, Islamic parties never have an advantage over non-Islamic parties, regardless of how pious they are. Islam’s political advantage is real, but circumscribed by parties’ economic platforms and voters’ knowledge of them.