bluuebunny/crossref_metadata_2025 huggingface dataset:
The Legal Modalities
Authors: Ross Alf
Published: January 2020

This chapter considers the ambiguity of modal expressions in legal language. It argues that the terminology used in legal language suffers from great imprecision. All expressions that have been used are ambiguous, and even if the way in which a certain expression must be understood usually emerges from the context, the ambiguity may well give rise to doubts. This ambiguity is inherent in the expressions of duty, and since other expressions can be reduced to these, they are consequently ambiguous, too. What is more, the very reduction is frequently ambiguous. Since, however, a terminology of duty, of claim, etc., is indispensable to legal language and can hardly be eliminated from legal science, the task is to improve its usage. This chapter suggests a terminology which proceeds from the system worked out by the US jurist W. N. Hohfeld.
[416]Legal Politics: Province and Task
Authors: Ross Alf
Published: January 2020

This chapter begins by discussing the line of demarcation between legal politics and other politics. It then covers the theoretical foundation and tasks of legal politics. With regard to the theoretical foundations, it argues that the necessary insight is the juridico-sociological knowledge of the causal connection between legal regulation and human behaviour; or the insight into the issue of how it is possible to influence human behaviour through the function of legal machinery—which, in turn, is determined by legal regulations. With regard to the tasks of legal politics, it argues that the first task is to examine the attitudes and objectives that are currently prevalent in influential social groups, and thereby determinative of the organs that have the formal power to legislate. The next step in a juridico-political inquiry is to describe the juridico-sociological facts and contexts operative in relation to the premise. The third and last step in the juridico-political investigation is the formulation of conclusions in the form of instructions to the legislator or the judge.
The Return of Traditional Geopolitical Thought
Authors: Doyle Timothy , Rumley Dennis
Published: January 2020

The principal aim of this chapter is to provide an overview and synthesis of the diffusion, perpetuation, and contextual transformation of traditional geopolitical thinking throughout the Indo-Pacific region and assess how these concepts and ideas might still form some input into regional geopolitical thinking, particularly among some key individual states within the Indo-Pacific. The re-emergence of these classical ideas and their deployment through different national lenses reveals the construction of vastly disparate Indo-Pacific regionalisms, in which, we argue, narrow national constructions of the region take precedence over more genuine, pan-regional aspirations. In the twenty-first century, to some degree, the Indo-Pacific concept is a useful enabling tool for regional state territorial expansionism and/or for the geographical extension of military power and control. However, this enabling Indo-Pacific concept contains within it the potential for significant regional and even global conflict. This prospect has also been predicted by Haushofer.
Conclusion
Authors: Doyle Timothy , Rumley Dennis
Published: January 2020

In this final chapter, we contend that despite the fact that differing constructions of the Indo-Pacific occur across matrices of space, time, and selected world-view methodologies, it is important to conclude that not all constructions and geopolitical imaginations are equal. Consequently, we prioritize the ongoing relationships between the US and China: these will largely determine the geopolitics of the Indo-Pacific region in the twenty-first century and beyond. Also, we end the book on a constructive note, exploring a regional institutional model which is the closest we have yet experienced in terms of being representative of Indo-Pacific nation-states, from the western Indian Ocean, to the western periphery of the Pacific. The case of the Indian Ocean Rim Association, now over twenty years since its inception, is an exemplar (however imperfect) of the maritime regional organization wrestling with the daily realities of what it is to operate in a new Indo-Pacific world.
Introduction
Authors: Johnson Tom
Published: January 2020

The introduction sets up the main arguments and problems of the book. It opens with three short case studies, through which we are introduced to the kinds of people who will be encountered in the book. It gradually builds up the complex picture of legal pluralism in late-medieval England, and draws this together with the broader problems facing the historiography of law and society, namely, the problem of differentiating ‘the legal’ from ‘the social’ in a model where they are mutually constitutive. It goes on to suggest two frameworks for doing this: first, through the concept of ‘local legal cultures’, as the distinctive senses of law produced within constellations of local environments, socio-economic patterns, and legal institutions; and second, through the notion of ‘common legalities’, widespread practices through which ordinary people differentiated law from the social, both inside and outside of legal institutions. Finally, it explains the extent and range of local sources used to ground the book’s arguments, and the methodology employed in reading them as texts.
Rural Legal Culture
Authors: Johnson Tom
Published: January 2020

This chapter argues that legal institutions—manorial, church, and leet or hundred courts—were deeply embedded in rural social relations. These courts had been established as the fulcrum of villagers’ legal engagement for a long time, and by the fifteenth century, rural legal culture in England was characterized by a set of profound practical and ideological correspondences between law and community. In the first place, associative relations in the late-medieval countryside were constituted by a dense lattice of mutually reinforcing legal relationships; from the bargains one made to the reputation one cultivated, law provided an epistemology of rural social life. In the second place, law framed an ethical vision of rural community, which villagers attempted to create using the mechanisms available in their local courts. These courts were often dominated by a relatively small, select group of richer families, and certainly the kinds of community that they wished to build and control were neither egalitarian nor inclusive. Yet, for all that it was hierarchical, narrow, and unrealistic, the ideal of a village united by laws served as a powerful concept for inspiring, cajoling, and enforcing action in the courts. Rural legal culture was characterized by this strong emphasis on community.
Maritime Legal Culture
Authors: Johnson Tom
Published: January 2020

This chapter argues that maritime legal culture in late-medieval England was characterized by an emphasis on nautical expertise. Across the idiosyncratic and complicated legal traditions of maritime law, and the unpredictable conditions of work at sea, mariners, fishermen, shipmasters, and others conceptualized the regulation of associative relations through particular ideas about the seaworthiness of ships, skilful seamanship, and the obedience of the crew. These concepts of nautical expertise often helped to reinforce the position of shipmasters—whose expertise was officially recognized in many different ways by legal institutions—as they attempted to navigate their ships, freight the cargo of merchants, and manage a highly skilled and unusually mobile workforce; but at the same time, expertise also represented a set of broader ideals to which common mariners could appeal in order to resist the authority of shipmasters. If this jurisprudence of nautical expertise often flowed within the existing channels of domination, then, it also represented a powerful discourse that bound sundry people together in the maritime community.
The Legal Landscape
Authors: Johnson Tom
Published: January 2020

This chapter argues that law had a physical presence in the landscape of late-medieval England. Legal ideas did not consist merely in words and writings, but were constituted in their concrete manifestations in the material environment; this was the terrain upon which they were articulated, contested, and resolved. People whose lives were lived so close to the land understood its signification intuitively. They knew the places in which they dwelt and worked were replete with different legal claims, some so well established by generations of institutional or customary arrangements that they formed part of the architecture of the everyday, while others remained latent in the slowly changing land, ready to become problematic if a stream were diverted, or new buildings were constructed. The existence of such claims imbued everyday mobilities with legal significance: people had to watch their step, moving through the world in ways that accorded with some claims while contesting others—droving cattle through a particular field, moving a boundary stone to its ‘proper’ place, fishing at a certain point on the river—in a legal language that was broadly comprehensible. The late-medieval landscape represented a large surface on which non-elites could make their own legal inscriptions.
Common Legal Documents
Authors: Johnson Tom
Published: January 2020

This chapter argues that late-medieval England underwent a documentary revolution as the vast majority of the population came to possess legal writings for themselves. There were many dynamics to this transformation: some were straightforward continuations of earlier cultural developments, while others derived from new impulses within post-plague society, such as the tumultuous land market, and the growing ambition of government. This enabled many more people to do things with writing. While they had long encountered legal writings passively—hearing charters read aloud, seeing the compilation of court records, or swearing oaths on the gospels, for example—in the later Middle Ages their ownership of documents allowed them to pursue their own legal aims. This can be seen particularly in the proliferation of supplicatory writings that directly requested justice from remote authorities, but more generally in the ways that people used various documents in creative attempts to circumvent, cajole, or manipulate court process. Yet this rising tide of documents served ultimately to constrain their flexibility of legal action. Documents subtly bound people to legal institutions in new ways. More people may have held more documents, but their documents came to hold them.
Beyond a Sovereign State of Exception
Authors: White Jonathan
Published: January 2020

Central to the imagery of European crisis politics in the 2010s was the figure of the Troika. Though on one level just a term of public condemnation, on another it encapsulated some deeper truths about the politics of the time. Specifically, the concept of the Troika expressed a politics based on ostensibly impermanent, unconventional arrangements for defined purposes, governed by an agenda of speed and urgency, and propelled by trans-institutional executive power. Taken together, these features amount to a specific mode of governing, one usefully grasped with the concept of emergency rule. The chapter outlines its core features and dynamics. Such a perspective is intended to offer an original contribution to EU scholarship and a starting-point for thinking about the specificities of transnational emergency rule.
Populism as the Promise of Agency
Authors: White Jonathan
Published: January 2020

Persistently engaged in the politics of emergency, the EU has come to rationalize some of its most important decisions as urgent measures to handle a crisis. With its suggestion of decisions born of necessity rather than choice, this governing mode consolidates an image of the EU as the negation of political agency. This chapter examines how such actions invite their opposite: a politics defined by its rejection of necessity and the celebration of political volition. The mobilizations commonly studied under the heading of ‘populism’ gather much of their wider appeal from this promise to restore political agency—a promise independent of the other features typically ascribed to them, and which the term populism can serve to obscure. The chapter goes on to examine how the spectre of such mobilizations may be invoked by established powers as reason for further constraining measures, thus raising the prospect of escalation.
Feminism, Ethics of Care, and Medical Ethics
Authors: Herring Jonathan
Published: January 2020

This chapter explores the nature of ethics of care, which has become a highly influential approach to ethical questions. It summarizes its intellectual history and provides a definition of the concept of care. It then sets out the main themes of the approach and considers some of the objections that have been raised to it. The chapter provides some examples of ways in which ethics of care could be used to resolve difficult issues that arise in medical law and ethics. It also explores other feminist approaches to bioethical issues and the significance of ethics of care for medical law.
Consequentialism and the Law in Medicine
Authors: Savulescu Julian , Wilkinson Dominic
Published: January 2020

This chapter discusses consequentialism. There are two broad schools of ethical theory: consequentialism and non-consequentialism. According to consequentialism, the right act is that act which has the best consequences. According to non-consequentialism, the rightness of an action is not solely determined by its consequences. The most famous version of non-consequentialism is deontology, which holds that an individual has an absolute duty to obey certain rules. Medical law exists at the intersection between consequentialism and deontology. Much of medical law is consequentialist in nature. However, having evolved from a set of Christian values and principles, it retains certain deontological characteristics. In particular, it retains a commitment in many jurisdictions to the Sanctity of Life Doctrine, though this is being shed or modified as assisted dying becomes legalized. The chapter finishes with a description of some examples of the influence of consequentialism over current medical law.
Virtue Theory and the Lawfulness of Withholding or Withdrawing Treatment or Care
Authors: Jones David Albert
Published: January 2020

Virtue theory as best understood both excludes some intentional actions and intentional omissions as inherently incompatible with the goods of worthwhile human practices and seeks the mean between excess and defect. The Hippocratic tradition excludes withdrawal of treatment with intent to end life. The virtuous physician will then seek a mean between overtreatment and undertreatment. This requires not only clinical judgment (techne), but an overall best-interest decision (phronesis). Medical law has means to prevent undertreatment due to negligence, but is less well-adapted to preventing overtreatment. The Law Lords in the Bland case seemingly approved the withdrawal of tube-feeding even with intent to end life, which would mark a radical departure from Hippocratic virtue ethics. Subsequent legal developments have restored consistency to the law by prohibiting omissions with that intent, but they have not remedied the error of condoning undertreatment through neglect of the objective goods of health and life.
The Beginning and Ending of Life
Authors: Keown John
Published: January 2020

This chapter identifies several respects in which medical law in England and Wales suffers from a lack of ethical coherence in relation to its protection of human life. It argues that it is philosophically incoherent for the law to calibrate its protection of human life according to arbitrary stages of human development such as birth, viability, the fourteenth day after fertilization, and implantation. To the extent that the law permits life-sustaining treatment to be withheld or withdrawn from incompetent patients on the ground that their ‘quality of life’ is insufficient, and even with an intent to hasten death, it again displays ethical incoherence. If legislators or judges were to make it lawful for physicians to intentionally assist suicidal refusals of treatment, or to endorse a right to physician-assisted suicide for the ‘terminally ill’, the law's ethical incoherence would be seriously aggravated.
Proportionality in Medical Law
Authors: Urbina Francisco J
Published: January 2020

The chapter surveys the use of proportionality reasoning in medical law, attempting to analyse the different requirements entailed by proportionality, and highlight some potential deficiencies of proportionality reasoning in the domain of medical law. The chapter suggests some jurisprudential, moral, and institutional questions raised by the application of proportionality. It focuses on a prominent use of proportionality in this field: the application of the proportionality test in human rights cases concerning assisted suicide and euthanasia. It concludes that although the use of proportionality in human rights cases is open to important challenges, other uses of proportionality in medical law and ethics are less problematic.
How Can a Reformed Surrogacy Law Reflect Pragmatism and Respect Ethics?
Authors: Horsey Kirsty
Published: January 2020

This chapter argues for the need for the re-regulation of surrogacy. The law in the United Kingdom, currently, does not serve the interests of those involved in surrogacy to the extent it should, including intended parents, surrogates, and—importantly—children. This is partly due to the bulk of the legislation regulating surrogacy being developed in the 1980s, when family laws and policies were significantly different, and when the tone of the law was permissive, yet discouraging of surrogacy. A direct outcome of this was an increase in intended parents seeking surrogacy overseas, which potentially raises more ethical questions. Ultimately, a reform of the laws on surrogacy – currently being considered by the Law Commission of England and Wales and the Scottish Law Commission – should carefully and pragmatically consider the exact message that the reformed law would send, so as to maximize its utilitarian potential, while minimizing ethical concerns.
The Problem of Mental Capacity in Self-Harming Egosyntonic Disorder
Authors: Kong Camillia
Published: January 2020

This chapter argues that the complex phenomenology of self-harming, egosyntonic disorders—such as borderline personality disorder (BPD)—demands a more nuanced approach to mental capacity. Individualistic and procedural assumptions in the current functional model of mental capacity fail to pinpoint why decision-making capacity is problematic in such cases, while authenticity-based accounts tend to rest on circular accounts of authenticity and mental disorder. Both struggle because there is a reluctance to engage in some of the more complex evaluative content around what it means to be a capacitous and autonomous self. Instead, one should not shy away from the more substantive criteria of capacity, which is embedded in a more relational approach, where we consider the normative content of relations-to-self that are characteristic of autonomy or heteronomy, irrespective of diagnostic criteria and psychopathology.
Turbulent British Politics
Authors: Fieldhouse Edward , Green Jane , Evans Geoffrey , Mellon Jonathan , Prosser Christopher , Schmitt Hermann , van der Eijk Cees
Published: January 2020

This chapter sets out a novel theoretical approach for understanding electoral change. This approach focuses on the mechanisms and consequences of electoral shocks in the context of electoral volatility. The chapter sets out the reasons for focusing on shocks, a definition of electoral shocks, and the mechanisms through which shocks affect voting behaviour. We argue that the consequences of electoral shocks depend on how politicians respond to those shocks and compete around them, and how they are politicized in the wider media environment. The chapter explains why the gradual destabilization of the party system means that electoral shocks are having increasingly dramatic consequences.
Reward, Blame, and Guilt by Association? The Electoral Collapse of the Liberal Democrats
Authors: Fieldhouse Edward , Green Jane , Evans Geoffrey , Mellon Jonathan , Prosser Christopher , Schmitt Hermann , van der Eijk Cees
Published: January 2020

In 2015 the Liberal Democrats won 8.1 per cent of the vote, only a third of what they managed five years earlier, making it their worst performance since 1970. As a result, they faced almost complete electoral wipe-out, winning only eight seats, losing forty-nine of the fifty-seven they had won in 2010. Two years later in 2017, the Liberal Democrats hoped that they might ride an anti-Brexit wave to recovery. Instead, the Liberal Democrats only made a net gain of four seats and lost a further half point of vote share. In this chapter we explore the reasons behind the 2015 collapse and failure to recover in 2017. We argue that the answer lies in the party’s involvement in the 2010–15 coalition government. As a result of coalition, many left-leaning Liberal Democrat voters deserted the party and as their support plummeted they also lost tactical voters because of the damage to their electoral viability.
Reflective Equilibrium, Its Virtues and Its Limits
Authors: McGrath Sarah
Published: January 2020

For many moral philosophers, the method of reflective equilibrium is the correct account of how moral inquiry should ideally be conducted; it stands at the very center of moral epistemology. I argue that although the method of reflective equilibrium embodies important insights, it does not have the kind of centrality for moral epistemology that has been claimed for it. Impeccable application of the method is neither necessary nor sufficient for moral knowledge, and on its most defensible interpretation, the method takes for granted that we already have some moral knowledge (or at least reasonable beliefs). Because the ability of reflective equilibrium reasoning to deliver new moral knowledge generally depends on our already having substantial moral knowledge from other sources, the method is not a promising answer to the traditional epistemological challenge of how we are able to acquire moral knowledge in the first place.
Introduction
Authors: Bauer Stefan
Published: January 2020

This Introduction presents Onofrio Panvinio (1530–68), an Augustinian friar who gained prominence as a historian of both the Catholic Church and Roman antiquity. Historiography in sixteenth-century Rome and the interrelationship between history and theology have been awaiting a profound re-examination. Panvinio’s case enables us to trace changes in the approach to history-writing across the epochs of the Renaissance and the Catholic Reformation. This Introduction discusses Panvinio’s methods, which were modelled on humanist source criticism. It highlights differences between Panvinio and the more strongly confessionalized and dogmatized historiography (such as that of Cesare Baronio) which came after him. Lastly, there is a brief discussion of the terms Catholic Reform and Counter Reformation.
‘The Clouds Roar’
Authors: Bauer Stefan
Published: January 2020

Chapters 1 and 2 provide for the first time since 1899 an up-to-date intellectual biography of Onofrio Panvinio, which shows that he was much more than the antiquarian and historian of ancient Rome whom existing scholarship has generally presumed him to be. The first chapter begins with a discussion of his family background, education, and entry into the Augustinian Order in Verona. Panvinio’s relations with the general of the order, Girolamo Seripando, are then discussed, as are his studies in Naples and Rome. Panvinio found another patron in Cardinal Marcello Cervini (elected pope in 1555), who encouraged him to study ecclesiastical history as well as Roman antiquity. The first fruit of this new approach was his treatise on papal primacy. The chapter then turns to the earliest series of historical accounts Panvinio wrote: the histories of several Roman noble families of his time. Here Panvinio made small but decisive interventions, resorting to forgery to prove his points. Cardinal Alessandro Farnese became Panvinio’s most important patron, giving him access to a significant learned circle. From 1557 to 1559, Panvinio went into exile from Rome with Farnese, spending two years in Parma and Venice. In this period, Panvinio wrote his first short history of the popes and cardinals. This chapter also discusses Panvinio’s works on Roman antiquity, which raise questions regarding epigraphy and forgery.
Introduction
Authors: Keeble N. H. , Whitehouse Tessa
Published: January 2020

Early modern books were not stable or settled outputs of the press but dynamic shape changers, subject to reworking, re-presentation, revision, and reinterpretation. Their history is that of multiple agencies as their texts were transformed in ways that their original authors might hardly recognize. Processes of editing, revision, redaction, selection, abridgement, glossing, disputation, translation, and posthumous publication resulted in a textual elasticity and mobility that could dissolve distinctions between text and paratexts, textuality and intertextuality, manuscript and print, author and reader or editor. Taking the period between the lapse of the Licensing Act and the dawn of industrial press production, this introduction, focusing on Richard Baxter and Samuel Taylor Coleridge as the ’bookends’ of the collection, reviews the varieties of transformation to which printed texts were subject, and the kinds of transformation they sought to effect, with reference to each of the ensuing essays.
Transforming the Eighteenth-Century Book Trade
Authors: Raven James
Published: January 2020

This chapter explores the fifty-year career of the eighteenth-century London bookseller John Nourse to establish that not only did he become the principal bookseller in the capital but that, through his publication list and through his national and international networks, his business became a focus, and a motor, of the Enlightenment, contributing more to European scientific, philosophical, and literary knowledge than any other English stationer. The key to Nourse’s success lay in the location of his bookshops in the Strand in the immediate neighbourhood of other booksellers and associated professionals. Drawing on new archival evidence, this chapter gives the fullest account available of the development of Nourse’s business, his movement between shops, his publications, and his professional associations, networks, and contacts.
Manuscript in the House of Print
Authors: Keymer Thomas
Published: January 2020

In his classic account of seventeenth-century scribal publication, Harold Love points briefly to three authors—Swift, Richardson, Sterne—whose careers indicate the ongoing vitality of manuscript culture in later generations. Taking a cue from Love, this chapter explores Richardson’s self-consciousness as a novelist about manuscript production and transmission, his real-world cultivation of epistolary sociability, and the ways in which his published output was shaped by practices arising from scribal tradition. For all his centrality in the history of print, Richardson was also at the centre of a thriving culture of manuscript exchange that bypassed or transcended print and also informed its products at every stage from creation to reception. There emerges a story of enduring interaction between coexisting media systems, not simple supersession of one by another, with creative consequences as much for the novel as for the lyric, epistolary, and other forms most often associated with manuscript exchange.
Rewriting the Public Narrative
Authors: Keeble N. H.
Published: January 2020

Unable to accept the conditions for ministry in the established church laid down by the 1662 Act of Uniformity the Puritan divine Richard Baxter, author of best-selling works of homiletic, practical, and devotional theology, set himself henceforth to ‘do what Service [he]could for Posterity’ through such publications. However, finding the prejudicial and partisan attacks on, and accounts of, the nonconformists that issued from the official press increasingly galling, with the temporary lapse of the Licensing Act in 1679 he embarked on a sustained series of defences of the nonconformist position. This chapter examines the nature of these controversial works, and some of the ironies and tensions involved in Baxter seeking to speak for the body of nonconformity from his distinctive position of moderate ‘Catholic’ Christianity, to argue that these amounted to a sustained press campaign to influence public opinion that transformed the role of the press.
Remaking Verse in the Eighteenth-Century Poetic Miscellany
Authors: Williams Abigail
Published: January 2020

The immensely popular eighteenth-century poetic miscellany was more than simply a collection of poems: the selection and presentation of texts constituted a deliberate, market-focused, editorial, and publishing policy that emphasized novelty and utility. Poems were edited, abridged, and repackaged in a variety of ways as they were appropriated to their editors’ ends. This chapter examines the scale and variety of poetic miscellany publication, the strategies of their creators, and the audience expectations they both generated and met, to show that they demonstrate the literary or market preoccupations of the editors and booksellers, often in a manner akin to the practice of commonplace books. Particular attention is paid to issues of sexuality and gender in relation to the re-presentation of the poems of Aphra Behn. The chapter draws evidence from a wide range of publications, including John Dryden and Jacob Tonson, Robert Dodsley, and Edward Bysshe’s Art of English Poetry.
Reading Henry Maundrell’s Sacred Geography in Eighteenth-Century England and Germany
Authors: Mills Simon
Published: January 2020

This chapter explains the remarkable popularity of Henry Maundrell’s A Journey from Aleppo to Jerusalem at Easter AD 1697 (1703). It argues that Maundrell’s eye-witness reportage of his travels in the Holy Land provided the book’s readers with a storehouse of geographical observations and descriptions of eastern customs with which they could recreate imaginatively the world of the Scriptures. Tracing the book’s use by editors, commentators, translators, and paraphrasts, it argues that Maundrell was most often put to work in defence of the Bible against attacks on its claims to truth. Yet in the hands of Maundrell’s late eighteenth-century German translator, the naturalist and historicist tendencies inherent in his account were brought into sharper focus; ‘sacred geography’ was transformed into a history of biblical culture.
Political Calling in an Age of Technology
Authors: Pattison George
Published: January 2020

The modern world has been marked by a recurring sense of the degradation of language. According to Hannah Arendt, for whom the possibility of politics is interdependent with the possibility of authentic speech, this generates a political crisis, connected to the role of science in contemporary society. The impact of science on the language of public discourse is further explored through Habermas and Uwe Poerksen. Their analyses receive added force through the development of new communications technologies that are proving fateful both for individuals and their personal relationship as well as for political life. Though acknowledging the optimism still associated with these technologies in some quarters, the chapter asks how we can protect against their negative effects. The thought of Byung-Chul Han is used to identify the need for attentive listening and a sense of the uniqueness of the human countenance and name to counter the digital shitstorm.
In the Beginning was the Word
Authors: Pattison George
Published: January 2020

Turning to the New Testament, the chapter examines the prologue to St John’s Gospel as an exemplary commentary on Christian vocation. However, this requires rejecting interpretations that have seen John’s logos in terms of Platonic ideas or ‘ratio’, as in much ancient and medieval commentary (Eckhart’s commentary is used for illustration). German Idealism (Fichte) refigures ratio in terms of will, and in the twentieth century, Michel Henry foregrounds ‘life’. A rediscovery of the word element is found in Ferdinand Ebner and Rudolf Bultmann. Their insights are used to develop an original interpretation of the Gospel, contrasting John’s existential focus on calling and the name with Platonizing interpretations.
At the Name of Jesus
Authors: Pattison George
Published: January 2020

In this chapter the focus turns from God’s call to human beings to human beings calling upon God in prayer. This is especially exemplified in the practice of hesychasm or calling on the name of Jesus. This practice stimulated a series of philosophical and theological approaches to language among early twentieth century Russian thinkers: Pavel Florensky, Sergius Bulgakov, A. S. Losev, and Gustav Shpet. Despite significant differences these converge on the fundamental importance of the personal name as the core of human beings’ capacity for language. These thinkers also share an emphasis on the social concreteness of language, a focus further developed in Bakhtin’s dialogism. Bakhtin shows how the prosaic everyday world can become a milieu in which to seek and express authentic personal being and therewith a spiritual life in the condition of secularity.
Conclusion
Authors: Pattison George
Published: January 2020

The conclusion sums up the argument of the book, explaining the interconnectedness of such key terms as vocation/calling, the name, and the promise and their essential coherence around the imperative of love. This prepares the transition to the third part of the philosophy of Christian life, A Metaphysics of Love.
Existing Solutions II: The Utility of Utility Solution
Authors: Pettigrew Richard
Published: January 2020

In this chapter, we meet the second putative solution to our problem that has been proposed. This is the Utility of Utility Solution and it claims that, when our past, present, and future utilities disagree, we should choose in line with our current higher-order utilities. The chapter argues that this will not work. It considers two objections: first, since our higher-order utilities often change as our first-order utilities do, the problem of choosing for changing selves returns at the higher-order level; second, we have no reason to think that higher-order utilities should have normative priority over first-order utilities.
The Weight of The Past
Authors: Pettigrew Richard
Published: January 2020

This chapter asks whether it is ever required or even permissible to give some weight to the values of your past selves. It argues that sometimes, when a past self has made a sacrifice that benefits the current self, it is at least permissible and sometimes required to give weight to the permissible values of that past self. To do this, the chapter introduces a principle descended from H. L. A. Hart’s (1955, ‘Are there any natural rights?’ Philosophical Review, 64) Principle of Mutual Restriction and John Rawls’s (1975, A Theory of Justice) Principle of Fairness.
The Nearer The Dearer
Authors: Pettigrew Richard
Published: January 2020

This chapter asks whether it is rationally permissible to assign less weight to the values of my other selves in line with the proximity of the values of those other selves to my current values. It argues that it is. It then introduces the Stoicism objection to the Aggregate Utility Solution. This says that you should never be rationally required to change your values in order to increase your utility, and it claims that this is required by the Aggregate Utility Solution in certain situations. The chapter then explains how the conclusions of the earlier part of the chapter give us the tools to answer that objection.
I’ll be Glad I Did It—So, I’ll Do It
Authors: Pettigrew Richard
Published: January 2020

This chapter considers a form of practical reasoning explored by Elizabeth Harman (2009, ‘I’ll be glad I did it’ reasoning and the significance of future desires, in Philosophical Perspectives, 23(1)), which she dubs ‘I’ll be glad I did it’ reasoning, and which she rejects in general. In such reasoning, when faced with a choice between two options, if I would later think that one option is better than the other were I to choose that option, that gives me reason to choose that option. This chapter distinguishes between a number of varieties of such reasoning and applies the Aggregate Utility Solution to diagnose the problem with it. The resulting diagnosis turns out to be quite different from Harman’s.
Warfare and Violence
Authors: Harding D. W.
Published: January 2020

The assumption that warfare was endemic to prehistoric societies was based in part upon classical references to the Gauls, notoriously aggressive, drunken, boastful headhunters, the so-called ‘Celtic paradigm’. An alternative view, characterized as the ‘pacification of prehistory’, and derived ultimately from the eighteenth-century idealization of the noble savage, saw prehistoric societies as peaceful and egalitarian farming communities. The archaeological evidence in terms of artefacts leaves little doubt that from the later Bronze Age swords and spears were manufactured on an industrial scale, though there has been debate regarding the degree to which these were practical weapons as opposed to status symbols or even ritual objects. Structures are more difficult to interpret, though enclosures on the scale of Iron Age hillforts were surely designed to be defensive as well as serving as community centres. Some certainly from the Neolithic show evidence of assault, while osteological evidence supports the belief that violence was endemic, whether interpersonal, communal, ritual, or judicial.
Hierarchical or Egalitarian?
Authors: Harding D. W.
Published: January 2020

The model of social structure in British prehistory still owes much to the legacy of Gordon Childe, for whom economic competition was the catalyst of social inequalities. Even from the Neolithic, however, control of land or stock would have conveyed status, and the construction of major works such as tombs or henges implies authority over labour and resources, even if it was religious rather than temporal. Classical sources indicated that late pre-Roman Iron Age society was stratified, but recent opinion has questioned how far back this extended into earlier prehistory. Using grave goods as a proxy for social status may be simplistic, though whether explained as possessions of the dead, debts repaid by dependents, dedications to deities or ancestors, or displays of communal wealth consumption, they surely indicate social complexity. Settlements in British prehistory or early historic archaeology seldom display clear evidence of social hierarchy, since social status was evidently not expressed in the same terms as in contemporary materialistic and capitalistic societies. Anthropological models of social development from simple communities to chiefdoms and state societies can now be seen as neither consistent nor uniform in progression.
Stonehenge and Avebury
Authors: Harding D. W.
Published: January 2020

As Britain’s foremost prehistoric monument, Stonehenge illustrates changing fashions in interpretation of, and public and professional attitudes towards, the national archaeological heritage over at least three centuries. From Stukeley and the early antiquaries there was constant interest in Stonehenge and its environs, including Avebury and Silbury Hill. But it was not until the twentieth century, after the site had become a listed ancient monument and had been taken into state guardianship, that the greatest damage was inflicted through fieldwork that remained unpublished until the end of the century. Stonehenge evidently was significant in terms of the seasonal solar cycle, but in the mid-twentieth century especially it became the focus of astro-archaeologists with complex theories of astronomical and calendrical significance. Interest has always focused on the origin of the bluestones, whether the product of glacial drift or transported from south Wales by the builders. Research on Stonehenge and its neighbourhood in recent years has greatly enhanced understanding of the site’s chronological and structural sequence, and its possible roles as a place of ritual, burial, and ceremonial activity. Now with Avebury part of the World Heritage site, Stonehenge is once again subject to controversy as to how best to protect its environment from greatly increased volumes of traffic.
Romanization
Authors: Harding D. W.
Published: January 2020

Defining Romanization is problematical, not least because there was no uniform concept throughout the empire of what it meant to be ‘Roman’. Assessments from the early twentieth century, when the term was introduced, automatically included a value judgement that Romanization of native communities was a good thing, and something that they would have aspired to. This was based largely on the colonialist viewpoint of classical scholars of the late Victorian and Edwardian eras that presupposed that the imposition of ‘civilized’ standards on subject peoples was morally justified and practically beneficial. Changing attitudes have not only rendered this viewpoint unacceptable, but have also made debate itself unacceptable in some quarters. In reality interaction between native communities and the occupying regime was different in different parts of Britain, and the impact of occupation, in terms of urban development, for example, was extremely variable. For much of the twentieth century Romano-British archaeology was built upon the historically based legacy of Haverfield and Collingwood, in which military history formed the basic framework for research, but new approaches were triggered in the 1990s by advances in technology and development-funded archaeology. Recent research has argued that south-eastern Britain at least already included client kingdoms of Rome, though the case remains controversial.
The Picts
Authors: Harding D. W.
Published: January 2020

The Picts surprisingly escaped critical scrutiny at the time that the Celts were subject to deconstruction, though their status in popular mythology is even more tenuous. The explanation of the name as Roman army slang for ‘painted savages’ is probably false etymology, and it seems unlikely that any native population would call themselves by the derogatory name, equivalent to ‘Wogs’, used by their colonial oppressors. It was more probably a term, misunderstood by the Roman military, for non-Romanized north Britons, and was certainly not an ethnic term until adopted much later by the people of eastern Scotland in the face of incursions by Anglians, Gaelish Scots, and Vikings. Few if any categories of archaeological monument are typical of this eastern Scottish region, though standing stones with symbols and later cross slabs are concentrated here. The language of the Picts was Celtic, and the notion of a distinctive tradition of matrilineal descent is now widely discredited. Pit-names are mainly from a later date, and early place names are not notably coincident with any supposed ‘Pictish homeland’. Recent research has suggested that simpler forms of symbols on portable stones originated in the third or fourth century. Symbols on stones may have served as funerary markers or on land boundaries, and may have incorporated an element of language, possibly names. This was evidently an important period in the coalescence of populations in the process of state formation.
Advocates of Humanity: Human Rights NGOs in International Criminal Justice
Authors: Lohne Kjersti
Published: January 2020

Advocates of Humanity offers an analysis of international criminal justice from the perspective of sociology of punishment by exploring the role of human rights organizations in their mobilization for global justice through the International Criminal Court. Based on multi-sited ethnography, primarily in The Hague and Uganda, the author approaches the transnational networks of NGOs advocating for the ICC as an ethnographic object. A central objective is to explore how connections are made, and how forces and imaginations of global criminal justice travel. By analysing how international criminal justice is arranged spatially, and as such expresses social, political, and cultural relations of power, Advocates of Humanity shows how international criminal justice is situated in particular spaces, networks, and actors, and how they structure the imaginations of justice circulating in the field. From a sociology of punishment perspective, it compares the ‘penal imaginations’ of domestic and international criminal justice, and considers the particularly central role of victims as a universalized symbol of humanity for the legitimacy of international criminal justice. With clear global asymmetries emerging from the work, Advocates of Humanity provides descriptive as well as explanatory understandings of criminal punishment ‘gone global’, analysing its social causation while examining its cultural meanings, particularly as regards its role as an expression of ‘the international’ will to punish. To whom is it meaningful, and why?
From Moral Entrepreneurs to Moral Advocates
Authors: Lohne Kjersti
Published: January 2020

A sociology of punishment for international criminal justice enables attention to the norms, morals, and values at play in the motivational dynamics of penal reforms. At the same time, these cultural forces must be analysed against the background of social organization and structure, indeed, as to what enables people to think and feel in certain ways and to promote policies in accordance with their sensibilities. As such, this chapter explores international criminal justice as a field replete with cosmopolitan sensibilities, but also of lifestyles, qualifications, and restraints. Finding that international criminal justice is perceived as a cosmopolitan expression of social justice, the first part conceptualizes human rights NGOs working in international criminal justice as global moral entrepreneurs and shows how they use humanist discourses to promote global justice-making through law, turning them into advocates of international criminal justice. Balancing claims to authority in the field, the NGOs have to navigate between being ‘insiders’ as experts and ‘outsiders’ that can claim moral authority. The analysis draws on scholarship inspired by Bourdieu and is put to work on transnational fields, enabling attention to what is often downplayed in studies of international law, namely class. As such, the chapter inquires into whose imaginations of global justice become part of its materiality, finding that advocates of humanity predominantly belong to a class of transnational western professionals.
Towards a Sociology of Punishment for International Criminal Justice
Authors: Lohne Kjersti
Published: January 2020

The final chapter situates some of the book’s major findings within contemporary resistance towards international criminal justice as global justice. It addresses how current pushback against international criminal justice is not only part of the story of the breaking of the universal and the move towards a multipolar, or a multiregional, system of international relations; pushback is also a result of the unevenness, tensions, and disconnections as revealed throughout the book’s analysis. Criminal justice has materialized transnationally with transnational agents and with ideas of criminal justice as part of a narrative of civilization circulating between borders. Therefore the book concludes by sketching out some key orientations for a sociology of punishment beyond the nation state.