bluuebunny/crossref_metadata_2025 huggingface dataset:
Women, Theology, and Film
Authors: Ortiz Gaye Williams
Published: January 2009

This chapter is a case study of a course offered in the theology and religious studies department of York Saint John College, an upper‐level undergraduate course titled Women, Theology, and Film. It was designed to synthesize a variety of theological, feminist, and film criticism perspectives in exploring the representation of women in movies. The particular challenge for the teacher, then, was twofold: how to integrate feminist theology with feminist film theory in a way that retained the integrity and the rigor of both disciplines, and how to make the course accessible to a group of students who might display an extreme range of theological skills (from none to advanced). This chapter first addresses the rationale and delivery of the course and then discusses some of the opportunities and challenges posed by this interdisciplinary approach.
Introducing Theories of Religion through Film
Authors: Watkins Gregory J.
Published: January 2009

This chapter reports on a course that successfully uses film to introduce students to the basic theoretical approaches to the study of religion. In conjunction with primary text selections from some of the great theorists of religion, students use the films they see to deepen their appreciation and consideration of the various theoretical orientations while asking about the nature of film itself. The course is guided by an overarching consideration of the proposition that film makes possible a unique articulation of religious thought and experience. The chapter also discusses some of the practical challenges of making film viewing a central part of the work in the course, from the logistics of screenings to the use of film clips on exams.
Teaching Ethics with Film
Authors: Marshall Ellen Ott
Published: January 2009

This chapter analyzes the pedagogical effectiveness of a course titled the Moral Agency of Women, which was offered to graduate students in theological education, ethics, and women's studies. The course integrated classic descriptions of moral agency (such as Aristotle on voluntariness and constraint and Kant on autonomy), feminist theory, and contemporary cinematic portrayals of women who are facing moral dilemmas. Beginning with the assumption that Western moral thought does not resonate with women's experience, the course entertained several questions. What does women's moral agency look like? Does it differ from that which has been described traditionally? Additionally, given the plurality within women's experience, can we even speak in a monolithic way about their moral agency? The result was an appropriately complex study of moral agency with all of its varied expressions. This chapter expounds on the strengths and weaknesses of using film in this way and identifies some of the unanticipated questions that became central to our course.
Searching for Peace in Films about Genocide
Authors: Mitchell Jolyon
Published: January 2009

Focusing on the film Shooting Dogs (2005) and its specific historical context, the 1994 genocide in Rwanda, this chapter brings to light many of the different lines of inquiry available when teaching about genocide from a religious perspective. The chapter communicates the wealth of pedagogical potential by examining the themes of absence, ritual, and presence in Shooting Dogs and then by considering the more general issues of witnessing, viewing, and remembering when it comes to the moral challenges of the fact of genocide. The chapter contends that film education, at its best, can assist students in developing a more critical understanding of the difficulties raised by attempting to depict genocide cinematically, the related religious and theological issues, and the wider problems and values of cinematic violence. Undertaken in a creative, supportive, and imaginative environment, film education that focuses on seeing through films about genocide may even inspire students to consider ways of living that will promote a more peaceful world.
Medical Miracles
Authors: Duffin Jacalyn
Published: January 2009

This book examines the nature of miracles in four centuries of records on the canonization of saints held in the Vatican Secret Archives and Library. The history of the canonization process is explained with special reference to the place of miracles within it. Separate chapters focus on the saints and their supplicants, the physicians, and the drama of the cure. A conclusion presents some parallels in the workings of religion and of medicine. The primary sources for this book are the records of testimony on more than 1,400 miracles gathered by clerics working within the official process for recognizing saints. More than 90 percent of these miracles are healings from diseases. The vast majority of the records include the personal accounts of the people healed (miraculé[e]s) and their treating or expert physicians. Presentation of the witnesses and their stories leads to an exploration of medicine and religion as semiotic traditions built around the experience of illness, healing, and death. This work intersects with histories of medicine, of religion, in its official and popular forms, and with the current debate on physical healing through spiritual means. Although the project is rooted in Roman Catholic traditions, it permits more general statements about the behaviors of sick people and the formal responses to suffering from religion, medicine, and, indeed, history.
With God on All Sides
Authors: Hicks Douglas A.
Published: January 2009

Perhaps no other nation is as religiously diverse as the United States. For elected officials, school principals, and corporate leaders, this diversity poses challenges. How should leaders deal with menorahs and crosses, veils and turbans, prayers and holidays? How can they honor the religious convictions of all Americans? Although the devout possess moral and spiritual resources that can enrich civic life, leaders must also be prepared to cope with the inevitable conflicts that come with pluralism. This book considers six visions of American leadership for navigating the post-9/11 religious landscape. It proposes that the most compelling vision is one of building social crossroads and connectors among religiously diverse people. Individuals and groups follow different paths, but their paths inevitably cross in politics and civil society. How people interact at those places, and how the social crossroads and connectors are designed, are matters of leadership. The Spanish term convivencia, roughly translated as living alongside each other, is a helpful concept for developing this vision. The book incorporates stories of how diverse Americans have transformed public controversies into cases of cooperation. The key is to engage one another with a spirit of humility, build communication and trust, and offer an inclusive vision that is true to America’s principles. The book provides a guide to leadership — and citizenship — in a devout and diverse nation.
Introduction
Authors: Heiden Bruce
Published: January 2009

This chapter introduces the goals and methods of the book. The book's aim is to present a series of investigations aimed at illuminating the design of the Iliad and its significance for readers, interpreters, and scholars. The project frames the activity of literary reading as an inchoate repertoire of adaptable cognitive functions that readers deploy provisionally in conjunction with textual indications. The research postulates hypothetical reading functions and deploys them experimentally to evaluate whether and how the poem's indications converge with them. The functions investigated are “common sense” practices that are pertinent to the intelligibility of the Iliad as a story, e.g., character-agents, actions, and the goal of deriving edification. Systematic application of the model discloses substantial convergence between the poem and the postulated reading functions. These convergences suggest that the epic's composition implemented a technical plan to assist comprehension: the poem's design furnishes orientation to the story's direction and themes.
1 Persons, Problems, and Choices
Authors: Heiden Bruce
Published: January 2009

This chapter analyzes the actions of the whole Iliad to address the question of whether or in what sense the Iliad could present a “single action” as Aristotle said it did. The analysis uses Pavel's method of Move diagrams, derived from game theory, to represent and study how story events develop in trajectories from problem situations in which agents make choices. It finds that the events of the Iliad comprise seven major Moves that all intersect through a single common agent, Zeus, whose planning therefore demarcates a central orientation of all the epic's action. These major Moves include Achilles' plan to achieve compensatory honor from Zeus, Zeus's conflict with the pro-Trojan trio of Hera, Athena, and Poseidon; and Hektor's inability to heed warnings, especially from Zeus, that his successes are only temporary.
3 Orientation by Design
Authors: Heiden Bruce
Published: January 2009

This chapter returns to the reader's orientation toward the story as a whole. It finds that the centrality of Zeus's agency is emphasized in only six of the twenty-four books, but that these books are so distributed that simply by postulating two precise “movement” punctuators (at 8/9 and 15/16) it is possible to articulate the Iliad as three cycles that each begin and end with an orienting book. Since these six positions cue special attention to all the orienting books and those books alone, the transmitted Iliad accommodates a single arrangement that is optimal for assisting a reader's orientation toward Zeus's central agency.
4 Paths of Thought—Iliad Cycle I
Authors: Heiden Bruce
Published: January 2009

This chapter introduces the hypothesis that the three-cycle design might also furnish orientation to themes. The research finds that thematically analogous books are situated in analogous positions in their respective cycles, so that the thematic and positional analogies offer mutually reinforcing cues. Books 3 and 6, 2 and 7, and 1 and 8 are subjected to close examination. It is found that thematically analogous passages usually feature substantial differences in diction, so that the analogies cannot be an unintended byproduct of generic formulas. Examination of thematic differences between analogous passages finds that variations describe trajectories of transformation. In particular, choices become progressively less determined by material factors and correspondingly more symbolic.
7 Homeric Sublimity
Authors: Heiden Bruce
Published: January 2009

This chapter turns to the last book of the Iliad, whose analogies of theme and positioning relate it to books 1, 8, 9, 15, and 16. Apollo's speech to the Olympians in book 24 is situated in a trajectory of thematic development reaching back to Chryses's prayer to Apollo in book 1 and including Patroklos's appeal to Achilles in book 16. Hera's reply to Apollo in book 24 is situated in a trajectory that includes Agamemnon's reply to Chryses in book 1, Achilles' replies to the embassy in book 9, and Hera's refusal to permit Zeus to save Sarpedon in book 16. Zeus's mediation in book 24 is situated in a trajectory that Nestor's attempted reconciliation in book 1 and Zeus's agreement with Hera in book 15. Concluding observations liken the effect of the thematic suggestions to that of an epiphany.
The Production of Knowledge, Innovation, and IP in Developing Countries
Authors: Barrowclough Diana V.
Published: January 2009

This chapter presents evidence showing that some developing countries are becoming extremely dynamic players in the new markets for creative industries, acting as both consumers and producers of intellectual property (IP). Their new interest in the sector reflects the fact that its earning potential far exceeds more traditional sectors such as agriculture, and that they already have some of its important sources of comparative advantage. As with the wider IP debate, questions include how to stimulate and reward the creation and dissemination of knowledge and innovation by developing country creators or investors. IP issues must also be considered within the broader context of industrial policy related to innovation, knowledge accumulation, production, and trade. Economic or industrial policies geared toward boosting innovation are as important as policies geared toward capturing or liberating IP. There is a need to seek more equitable and fair methods of rewarding the creators and their investors in the process.
Are National Patent Laws the Blossoming Rains?
Authors: Qian Yi
Published: January 2009

Research on the effects of patent protection on innovation and technology transfer in the cross-country pharmaceutical industry adds to our understanding of the underlying forces driving a country's innovation level. This chapter extends the research of Qian (2007) to evaluate the effects of patent reforms on inward foreign direct investment (FDI) establishments and imports in the pharmaceutical sectors. It also attempts to integrate all the findings on innovations, technology transfer, and international trade, and discusses potential policy implications. By thoroughly controlling the country covariates, through a combination of matched sampling techniques with fixed-effect panel regression models, the analyses arrive at robust results across the various model specifications. First, national pharmaceutical patent protection alone does not stimulate domestic innovation, as estimated by the US patent awards and domestic R&D. FDI establishments and pharmaceutical exports did not increase significantly either. Imports, however, did flourish. Second, national patent law implementation demonstrates conditional importance for innovation acceleration and technology transfer, conditional upon certain country variables. Third, terms of trade are likely to decline immediately upon the new implementation of IPR.
Arab Musiconomics, Culture, Copyright, and the Commons
Authors: Rizk Nagla
Published: January 2009

This chapter examines the Arab music industry in the light of the region's socio-cultural, economic, political, legal, and institutional realities. It sheds light on the current practices and value chains, with the objective of examining the role that copyright plays—or does not play—in this context. The focus is on two major groups: the pop stars and the underground musicians. The main hypothesis is that there actually prevails an informal, and sometimes illegal, commons in a system where significant monetary appropriation comes mostly from live performances, mainly weddings and public parties. Within the framework of economic, cultural, and institutional realities in the region, copyrighted items end up being used as reputation promoters. Based on the analysis presented, the chapter argues for acknowledging and formalizing the Arab commons. It also recommends finding new, alternative, and suitable business models as well as flexible intellectual property regimes that would promote access and contribution to Arabic musical content.
The Reception of Common Law Marriage in the United States
Authors: Lind Göran
Published: January 2009

This chapter examines common law marriage in the United States. Topics discussed include the origins of common law marriage, American reception of common law marriage in the 1800s and early 1900s, the peculiarities of American common law marriage, and the reasons behind the recognition of common law marriage in the United States. The initial criticism against American common law marriage is briefly considered.
Scottish Irregular Marriages
Authors: Lind Göran
Published: January 2009

This chapter discusses the Scottish law on irregular marriages. Two medieval canon law models of marriage were valid in Scotland. The first was marriage per verba de praesenti, in other words, marriage through an agreement as to a present or immediately valid marriage; the second was marriage per verba de futuro cum copula caralis, in other words, marriage through an agreement as to a future marriage with subsequent consummation. In Scotland, these two medieval forms were customarily called irregular marriages and were not repealed until 1940. Today, in Scotland, a third type of irregular marriage, namely, marriage by cohabitation with habit and repute, was valid until 2006.
A New Model of Marriage
Authors: Lind Göran
Published: January 2009

This chapter focuses on a new model of formal marriage, one that avoids the problems of cohabitation legislation, and can be attractive to couples who will be starting families in the future as well as to the state in its capacity as the third party to the marriage contract. The objective is to change the perspective by focusing on formal marriage and to initiate a debate concerning an alternative solution to the legal developments in the Western world since the 1970s.
English Thought on Search and Seizure to 1642
Authors: Cuddihy William J.
Published: January 2009

“Unreasonable searches and seizures” existed as a concept in the English mind long before the Massachusetts Constitution of 1780 first employed that phraseology. By 1580, criticism of England's methods of search and seizure had begun, and by 1642, Englishmen of diverse backgrounds already assumed that certain methods merited extinction as illegal and illegitimate. This chapter discusses English opinion regarding search and seizure before 1580, English opinion regarding search and seizure, 1580-1642; the structure of English opinion regarding search and seizure, 1580-1642; and the anatomy of Tudor–Stuart opinion on search and seizure, to 1642.
The English Law of Search and Seizure, 1485–1642
Authors: Cuddihy William J.
Published: January 2009

This chapter discusses the changes in English law of search and seizure between 1485 and 1642. By multiplying the types of search and seizure, Tudor–Stuart lawmakers multiplied the circumstances in which officials could enter English houses. Because most proprietors of those homes were unaccustomed to their routine entrance by officials, they had cause to perceive this proliferation of searches as excessive and to formulate the concept of unreasonable search and seizure.
The General Warrant in Intellectual and Political Perspective, 1642–1700
Authors: Cuddihy William J.
Published: January 2009

This chapter focuses on the English roots of the general warrant clause of the Fourth Amendment. Between 1642 and 1700, the general warrant lost its legitimacy in the writings of England's opinion makers but retained its legality in the statutes and policies of lawmakers even though the makers of law and opinion were often the same. Yet this paradox should not obscure a massive negative shift in public attitudes towards general warrants as the salient event respecting search and seizure in the England of this period. This shift contributed a major pillar to the Fourth Amendment's specific warrant clause.
Search and Seizure in England, 1642–1700: The Legal Background to the English Critique of General Warrants
Authors: Cuddihy William J.
Published: January 2009

This chapter discusses England's laws and uses of search and seizure between 1642 and 1700. During this period, belief and law on search and seizure clashed because the general warrant continued to flourish even as Coke's Institutes and other treatises proclaimed its illegality. General warrants, searches, and arrests continued to be used to apprehend felons, recover stolen property, collect taxes, control weapons, muzzle the press, regulate the guilds, and to discourage vagrancy, game poaching, religious deviance, and political dissent. The thesis against general warrants that evolved between 1642 and 1700 was not a legal reality but a belief that reality contradicted. Conversely, the roots of the amendment grew less from English law than from inherited legal theories about that law.
Colonial Searches by the Customs Services of England and Great Britain, to 17601
Authors: Cuddihy William J.
Published: January 2009

This chapter shows that customs searches provided the first inducement to an American acceptance of English attitudes against promiscuous search and seizure. Unlike searches and seizures under colonial law, those by the royal customs officers involved substantial violence and bred intense resentment.
The Political Background to the Emergence of the Specific Warrant in Massachusetts, to 1760
Authors: Cuddihy William J.
Published: January 2009

This chapter shows that specific warrants took root in Massachusetts because of events—especially political events—that were peculiar to it. Although the American colonies were settled after the emergence of the English concept of unreasonable search and seizure, only Massachusetts developed the traditional Anglo-British stimulants to further restraint of the search process: violent searches that antagonized key religious or political groups, sudden increases in the number and frequency of violent searches, and prolonged embroilment of those searches in the political process.
Colonial Responses to the Controversies over Wilkes, General Warrants, and Writs of Assistance: The Widening Opposition to General Warrants
Authors: Cuddihy William J.
Published: January 2009

This chapter shows that the Wilkes affair and writs of assistance spurred opposition to promiscuous search and seizure throughout colonial America. Although this growing hostility to general search and seizure was neither uniform nor free of political and expediential motives, it marked another milestone on the odyssey of events and ideas that ended in the Fourth Amendment. Until the 1760s, the evolution of unreasonable search and seizure had been a British affair, for colonial law had neither rejected general warrants nor embraced specific ones. In the fifteen years before the revolution, however, the colonists came as close to those destinations as the British had in the preceding hundred and fifty.
Compliance Theory
Authors: O'Connell Mary Ellen
Published: January 2009

After World War II, the international legal restrictions on the use of force were finally codified in the United Nations Charter. The United States championed the Charter until Morgenthau and his successors persuaded many policymakers to pursue military superiority in the world in disregard to an international law seen as lacking powerful means of enforcement. Henkin and others responded that it is not enforcement that gives law its authority but actual compliance. Compliance theory provided an answer to the international law deniers that worked for a time until international law became the target not only of political science “realists” but also of post-modern legal critics. Post-modernism, however, also held the seeds of renewal for international legal theory with its critique of rationalism, positivism, and imperialism.
Unilateral Armed Measures
Authors: O'Connell Mary Ellen
Published: January 2009

The UN Charter regulates the use of force by states. It permits states to use armed force to enforce a limited set of rights under international law. Principally, states may use force in individual or collective self-defense against a significant armed attack. Even in such a case, force may only be used against the state responsible for the armed attack and only to the extent necessary and proportional to the goal of defense. These rules limit the use of major military force to respond to terrorism. The coalition liberation of Kuwait in 1991 is an example of the lawful use of force in self-defense. The coalition use of force against Iraq in 2003 violated the law. International law clearly prohibits uses of force to pre-empt or prevent threats.
Introduction
Authors: Kim Annette Miae
Published: January 2009

The emergence of entrepreneurs and a private real estate market in Vietnam is one of a growing number of cases that challenges the Washington consensus approach to international development. Vietnam has some of the weakest private property protections, an authoritarian government which intervenes in the management of firms, and under-developed financial and legal institutions. While there is growing consensus that institutions and power matter in explaining the variation in economic outcomes that we observe, this chapter discusses the limits of the disparate new institutionalist literatures and traditional political economy accounts. It then introduces social cognition theory as a way to connect the insights of these literatures and to explain better the processes of major institutional change.
Conclusion
Authors: Kim Annette Miae
Published: January 2009

This final chapter summarizes how the empirical findings of the book show the importance of social cognition theory in explaining how major economic institutional changes happen. In the transition to capitalism in particular, social cognition processes are necessary to enable the fundamental transfers and development of property. It then concludes with comments on the implications for international development practice and social science theory.
Clonality
Authors: Avise John C.
Published: January 2009

About 99.9% of vertebrate species reproduce sexually. This makes the exceptional 0.1%—the asexual or clonal reproducers—fascinating in their own right, and also uniquely instructive about the biological significance of alternative reproductive modes. This book describes the genetics, ecology, natural history, and evolution of all of the world's approximately 100 “species” of vertebrate animal that routinely display one form or another of clonal or quasi-clonal reproduction. The book investigates the astounding realm of sexual abstinence, from the levels of DNA molecules and somatic cells to whole animals and natural populations. Also described is how scientists have learned to mimic and extend nature's own clonal processes by engineering perfect copies of genes, genomes, and whole animals in the laboratory. By considering the many facets of sexual abstinence and clonal reproduction in vertebrate animals, new light is also shed on the biological meaning and ramifications of standard sexuality.
Reproduction by the Semichaste: Gynogenesis, Hybridogenesis, and Kleptogenesis
Authors: Avise John C.
Published: January 2009

Three natural quasi-asexual or quasi-sexual genetic modes (hybridogenesis, hybridogenesis, and kleptogenesis) can be described as parthenogenetic-like processes with added dashes of sex. Females in the clonal or hemi-clonal taxa that live these reproductive lifestyles are not virgins; rather, each mates with a male from a foreign species and utilizes his sperm. However, because of the cellular mechanics involved, these males usually make no lasting genetic contribution to future generations of the unisexual lineage. Instead, they have been the duped victims of sexual parasitism. Approximately 50 “species” of fish and amphibian, usually but not always consisting solely of females, constitutively reproduce by one or another of these mechanisms of sexual parasitism. This chapter describes the cellular bases, evolutionary histories, and ecological ramifications of all known cases of sperm-dependent unisexuality in vertebrate animals.
Clonality in Utero: Polyembryony
Authors: Avise John C.
Published: January 2009

Polyembryony or “twinning” is an intra-generational rather than an inter-generational form of clonality. It happens when a fertilized egg divides mitotically and splits before initiating the development of two or more clonemate embryos within a brood. Polyembryony occurs sporadically in many species, including humans, but it occurs constitutively in only one vertebrate taxon: Dasypus armadillos. Polyembryony would seem at face value to be an ill-advised reproductive tactic that might be likened to the purchase of multiple lottery tickets with the same number. But several invertebrate species, including parasitic wasps, also engage in polyembryony. Surprisingly, peculiar aspects of the life cycle are shared by armadillos and parasitic wasps, and these give clues as to how polyembryony might be of adaptive significance as an opportunistic tactic in particular kinds of ecological settings.
Clonality by Incest: Hermaphroditic Self-Fertilization
Authors: Avise John C.
Published: January 2009

Habitual self-fertilization by hermaphroditic individuals is a sexual route by which genetically identical individuals can arise. The phenomenon occurs in various plants and invertebrates but is known in only one vertebrate species: the mangrove killifish. Selfing is an extreme form of inbreeding (even less severe cases of which often result in inbreeding depression), and for this and other reasons constitutive self-fertilization is rare in the biological world. Instead, most selfing species also outcross occasionally, and thus have a mixed mating system. Habitual selfers nevertheless have some special adaptive advantages not shared by their sexual counterparts. This chapter compares population-genetic and ecological features of mangrove killifish with those of analogous plants and invertebrate animals that likewise have mixed-mating systems. Such species probably gain the best of two worlds by capitalizing jointly on the short-term advantages of selfing (fertilization assurance, and the propagation of fit “clonal” genoypes) and also the long-term as well as short-term advantages of outcrossing (genetic health and adaptability).
3 Joseph Smith, American Culture, and the Origins of Mormonism
Authors: Hansen Klaus J.
Published: January 2009

This chapter argues why the Mormon prophet's contributions must be seen as the intersecting of American culture and Smith's own particular religious imagination. Comparing Smith to Samuel Johnson and Abraham Lincoln, the chapter uses the question of Smith's relationship with his father as a suggestive illustration of how personal loss becomes religious restoration, and a private experience taps universal appeal.
Introduction
Authors: Pauwels Heidi R. M.
Published: January 2009

The introduction sets up the basic question of the book: when are goddesses as role models potentially empowering or oppressive for women? It situates this question within contemporary feminist debates. It contrasts the role models of Sita and Radha and counters a monolithic understanding of these goddesses, arguing for a historically nuanced study of how their stories change over time as told in classical Sanskrit sources, the bhakti or devotional tradition, and the popular culture frameworks of television series and movies. Three hypotheses will be tested. First, are bhakti texts in privileging love above duty and celebrating women's subjectivity liberating for women? Second, does the modernity of the medium of television and film result in a more progressive view? Finally, how is the increasing influence of Hindutva in the public sphere reflected on screen? The introduction establishes the methodology of “siting” Sita and Radha, introduces the sources used and outlines the overall organization.
The Threat of the Other Woman
Authors: Pauwels Heidi R. M.
Published: January 2009

Chapter 5 studies how goddesses cope with the threat of “the other woman.” It compares free‐spirited Shurpanakha's attempt to seduce Rama with the Gopis’ jealousy for sophisticated Kubja, Krishna's lover in Mathura. The older versions tended towards the burlesque with some problematic behavior of the heroes, which later versions downplay. Shurpanakha becomes the negative example of the vamp who is punished severely, we hardly hear about Sita's reaction. The Gopis’ jealousy of Kubja is extensively described in the medieval sources, but the televised version turns Kubja into an exemplary devotee and completely erases the erotic aspects of the encounter with Krishna. Contemporary films too tend to turn such co‐wives into long‐suffering devotees, absolving the men from all blame and recommending self‐sacrifice in the interest of their men for wife and lover alike. Movies discussed are Hamara Dil aapke paas hai, Satyam Shivam Sundaram, Devdas, Main Tulsi tere aangan ki, and Souten.
Conclusion
Authors: Pauwels Heidi R. M.
Published: January 2009

The conclusion first discusses the Indian Women's Movement's engagement with the goddess as role model and calls for a nuanced understanding before activist appropriation. Then, it brings together what insights can be drawn from this study for the construction of traditional South Asian “womanhood,” and how that construction has developed over time. It looks first at the devotional construction and then at the modern one. The latter is influenced by the rise of Hindutva in politics and by a consumerist context, not unlike Soap Serials. As Radha has come to resemble Sita, women who subordinate themselves to patriarchy are shown to be rewarded. Is this oppressive or catering to what women want? A test case is presented, studying recent attitudes toward dowry. Finally, suggestions are made for further investigation that might complicate these conclusions, but on the whole it seems that we can speak of a victory of dharma over love‐ at least for now.
Water Law and Policy
Authors: Louka Dr. Elli
Published: January 2009

This book examines water management in Europe, and the difficulties and policy dilemmas involved in creating integrated water management institutions. The book is unique in that it concentrates on institutional development, norms and guiding principles, implementation strategies, and public participation mechanisms at the local level, European Union level, and globally. The book examines the European Union Water Law and Policy as it was adopted at the beginning of 2000 and the attempt to apply integrated water management in Europe. Today, many speak of a water crisis in that the supply of water is unlikely to meet demand and because of pollution that mars many water ecosystems. Water is one of the most mismanaged natural resources. Deficient management policies and fragmented water management institutions can have catastrophic results for the management of water resources. In Europe, water management has been fragmented as states have used water resources within their borders often ignoring the impact of their actions on co-riparian states. The effort to apply integrated water management in Europe is in essence an attempt to put a stop to the fragmentation of water management policies and to integrate: upstream and downstream uses, land use planning, and water management. Water Law and Policy provides insights that can guide water development policies across national borders. It is a must-read for policymakers, water managers, and students who need to understand national and transnational water management.
Introduction
Authors: Louka Elli
Published: January 2009

This introductory chapter begins with a discussion of the primary objective of this book, which is to explore the paradox of managing waters based on artificial and administrative boundaries, and the damage done to a notion of coherent water policy by a number of activities and rules that have treated water as an exclusive national and local resource. It then presents an overview of the six parts of the book.
Public Participation and the Strengthening of the Democratic State
Authors: Louka Elli
Published: January 2009

This chapter examines participative democracy. Participative, associative, or functional democracy describes the participation of specific interests, including civil society groups, in the decision-making process of states. For some, participative democracy is nothing more than another term for lobbying by special interests. For others, participative democracy is an answer to the ills of representative democracy.
Instruments for Transboundary Water Management
Authors: Louka Elli
Published: January 2009

This chapter discusses integrated water management at the trans-European level. Topics covered include the foundations of water management in Europe, the basic premises of global water management, and multilateral and bilateral developments in integrated water management.
Nineteen Countries One River: Trade-offs in the Management of the Danube River
Authors: Louka Elli
Published: January 2009

This chapter begins with a discussion of the importance of the Danube River. The Danube River basin district is frequently referred to as one of the most international river basin districts. Many countries share the river district that covers a large part of the territory of central and southeastern Europe. Most countries in the district are members of the European Union (Austria, Czech Republic, Germany, Hungary, Slovakia, Slovenia, Bulgaria, and Romania), including accession countries (Croatia). Countries that do not belong to the European Union (Moldova, Ukraine, Bosnia and Herzegovina, Serbia, and Montenegro) are involved in many treaties and initiatives that have taken place in the region. The chapter then discusses European policy for the Danube River.
International Water Authorities and the Role of Secretariats
Authors: Louka Elli
Published: January 2009

This chapter focuses on the role of secretariats in international water commissions. It argues that the implementation of the water framework directive will depend on political will. This political will is expressed by the annual gatherings of state parties (COPs) for the purpose of defining the future of international water commissions. The political will is translated further in the day-to-day work of commissions through the various coordinating and working groups that have been established. Political will can be transmitted through the mandates given to secretariats and how secretariats are to use these mandates to further the mission of the convention they have been entrusted to serve.
Optimal Timing of Legal Intervention
Authors: Parisi Francesco , Fon Vincy
Published: January 2009

This chapter examines the main determinants of the optimal timing of legal intervention under uncertainty. Section 1 frames the lawmaking problem as an investment problem. It contemplates the choice of a benevolent planner whose preferences and incentives are perfectly aligned with those of society, and discusses the important factors that affect the optimal timing of lawmaking, given the possibility of waiting until a later time to enact the law. Section 2 presents a basic model to illustrate the value of waiting in lawmaking. A simple dynamic lawmaking problem under uncertainty is used to characterize the optimal timing issue. Section 3 considers two extensions of the basic model. The first allows for some learning and informational benefit from the immediate implementation of the new law. In the second extension, a political agency problem is introduced by allowing the subjective discount rate of the regulator to differ from the social discount rate.
Lawmaking through Practice
Authors: Parisi Francesco , Fon Vincy
Published: January 2009

This chapter presents an overview of Chapters 10 to 12. The chapters consider the process of formation and evolution of customary law. They discuss custom in the context of individuals acting within one community as well as in the context of state actors on an international level.
Fostering the Emergence of Customary Law*
Authors: Parisi Francesco , Fon Vincy
Published: January 2009

This chapter compares custom formation in the specific context of a cooperation problem, under the alternative environments of role-reversibility and stochastic ignorance. The quantitative element of a custom is given by a behavioral pattern that emerges through the independent or interdependent actions or statements of individuals, each of whom pursues his self-interest. The optimal choices of individuals under two perspectives are considered, role-reversibility and stochastic ignorance, in the absence of preexisting customs or social structure. The effect of group size on the emergence of custom is discussed and it is shown that variations in group size have different effects upon the two regimes of stochastic ignorance and role-reversibility. Under both regimes cooperative customs are more likely to emerge when individuals interact in smaller groups, but stochastic ignorance and role-reversibility induce different effort levels.
Ratification and Reservations
Authors: Parisi Francesco , Fon Vincy
Published: January 2009

This chapter examines the second important step in the process of treaty formation: treaty ratification. It develops a simple game-theoretic model of treaty ratification to understand the efficacy and the limits of Articles 19-21 of the Vienna Convention in promoting cooperation through international treaty agreements. It analyzes the rules governing treaty ratification and reservations under the 1969 Vienna Convention. It formalizes the intuition put forth in the previous literature, according to which the matching-reservations mechanism introduced by Article 21 provides an effective solution to such a prisoner's dilemma.
Practicing Immigration Law in Filene's Basement
Authors: Abel Richard L.
Published: January 2009

Immigration clients are unusually vulnerable: often illegally in the country, unfamiliar with the culture and language, facing deportation. Because they are poor, sweated labor, they cannot afford the thousands of dollars competent immigration lawyers charge. They rely for legal advice and referrals on “travel agents,” who often operate a stable of lawyers. Earning only a few hundred dollars per client, these lawyers are tempted to take on far too many cases, missing hearings and filing deadlines, failing to appear in distant venues. The consequences for the clients are devastating.
The Purloined Papers
Authors: Abel Richard L.
Published: January 2009

Most disciplinary proceedings charge lawyers with betraying clients; but the profession itself is equally upset when lawyers display excessive zeal on behalf of clients at the expense of the integrity of the legal system. A lawyer, convinced of his client's cause, collaborated with her in misappropriating papers belonging to opposing counsel in order to demand a settlement. When the judge dismissed the case with prejudice, the lawyer responded by moving her recusal on grounds that her judgment had been distorted by a diagnosis of and treatment for cancer. When her dismissal was upheld on appeal, the lawyer filed three duplicative lawsuits in federal court, ignoring res judicata.
Religion and Terrorism: Misreading al Qaeda
Authors: Marshall Paul
Published: January 2009

This chapter describes Islamist terrorists’ developed ideology and how to them this explains and justifies their brutalities. It then contrasts their stated motives and rationales with press coverage of their attacks in Yemen, Bali, Iraq, Pakistan, and Saudi Arabia, seeking to show that both the terrorists’ goals and the identity of their victims are repeatedly misstated. Whereas Al Qaeda consistently describes its intended targets in religious loaded terms—as Christians, Jews, Crusaders, followers of the cross, Hindus, Buddhists, apostates, idolaters, infidels, and polytheists—and will frequently spare people, even Americans, if they are Muslims, many journalists consistently describe Al Qaeda strikes as attacks on “westerners,” “non-Arabs,” or “Americans” and their allies. Consequently, the connection between Australian and United Nations actions in East Timor and the bombings in Bali and of the UN compound in Baghdad were missed almost entirely.
Introduction
Authors: Berman Joshua A.
Published: January 2009

The Introduction explores the social and economic structures of ancient Near Eastern societies identifying a divide between the dominant tribute imposing class and the dominated tribute bearing class. Building upon the work of Norman Gottwald, the Introduction stakes the claim the Pentateuch represents a blueprint for an egalitarian order. Terms such as “egalitarian” and “social stratification” are defined. The Introduction explains that the current study is one of “biblical religion” as opposed to “Israelite religion” and examines the difference between them. The Introduction clarifies why this study engages the final, received form of the Pentateuch, rather than analyzing it within the classical source‐criticism. At the same time, it is argued that we may locate the final form of the text against our broad knowledge and understanding of the world of the ancient Near East. The Introduction concludes by briefly sketching the contents of each of the chapters, and indicating where the new contributions to scholarship in each.
Egalitarian Theology
Authors: Berman Joshua A.
Published: January 2009

This chapter contains the argument that drives the rest of the book. The rejection of hierarchy is rooted in a major theological shift. Social and political hierarchy in the ancient Near East received metaphysical legitimation, as the heavenly order was construed as paralleling the terrestrial one. The common person in this scheme emerges as a servant, the lowest rung in the hierarchy, as evidenced in Mesopotamian creation epics Atrahasis, and echoed in Egypt and Ugarit well. The theology of covenant in the Pentateuch rejects this. In light of parallels with Late Bronze Age suzerainty treaties, the covenant narratives implicitly suggest that the whole of Israel—not its king, not his retinue, not the priests—bears the status of a vassal king entered into treaty with a sovereign king, God. While much of this material has been extant in the scholarship for some fifty years, the material is examined here in new light, and from two directions. The first borrows observations from the field of anthropology concerning the role and display of honor between superiors and subordinates that offers new insight into the suzerain‐vassal paradigm for the relationship between God and Israel. The second is a revisiting of the Hittite treaties whose form and language are paralleled in the covenantal material in the Pentateuch. This study concludes that not only does Israel as a collective whole attain the status of a subordinate king, but that, indeed, hierarchy is eschewed as every man in Israel becomes endowed with this status as well. Parallels are drawn between the Israel as vassal paradigm, and Israel as spouse paradigm.
Egalitarian Technology
Authors: Berman Joshua A.
Published: January 2009

This chapter examines the role that technology may have played in advancing the egalitarian platform. The adoption of the technology of the alphabetic script and its use in creating texts in ancient Israel is a result of a dynamic relationship between technology, on the one hand, and a distinct theological and social mind frame on the other that is unafraid of educating the masses. In Mesopotamia and in Egypt, by contrast, texts were produced, read, memorized, and transmitted by a scribal elite, and composed in scripts that were inherently difficult to master—hieroglyphics and cuneiform. Literacy in ancient Israel was probably always the purview of professional scribes. But passages in Deuteronomy, Exodus and in the prophetic writings of the Isaiah, Jeremiah, and Habakuk suggest that such texts should be produced for the masses, read to them, remembered and transmitted by them. Examining the role of the printing press in the flourishing of 16th century Western Europe sheds insight into how the Bible sought to optimize the newfound technology of the alphabetic script in the southern Levant in an unprecedented manner, by utilizing the power of the alphabetic text and its potential for wide circulation. Whereas in Mesopotamia and in Egypt writing was turned inwards as a guarded source of power, in Israel it was turned outwards and reflected the Bible's egalitarian impulse. The dissemination of such texts through writing and reading to the masses accords with other biblical emphases such as the domestication of national religion, the shift from a cult of objects to a cult of words and ideas, and the rise of a national vernacular literature. An examination of the role and status of writing within Greek thought generally, and the thought of Plato in particular, highlights the special status accorded writing within biblical thought.