bluuebunny/crossref_metadata_2025 huggingface dataset:
Beyond the Tyranny of Testing
Authors: Gergen Kenneth J. , Gill Scherto R.
Published: October 2020

Practices of assessment in education are byproducts of a bygone era. When testing and grades become the very goals of education, learning suffers, along with the well-being of students and teachers. In this book, the authors propose a radical alternative to the measurement-based assessment tradition, a vision in which schools are no longer structured as factories but as sites of collective meaning-making. As it is within the process of relating that the world comes to be what it is for us, the authors draw from this process their understanding of what knowledge is and what is good and valuable. Equally, learning and well-being are embedded in relational process, which testing and grades undermine. Thus the authors advocate a relational orientation to evaluation in education, emphasizing co-inquiry and value creation. The aim is to stimulate and enhance learning while simultaneously enriching the vitality of the relational process. A wide range of innovations in evaluative practice bring these ideas to life. The authors include detailed illustrations using cases from pioneering schools around the globe, at both primary and secondary levels, demonstrating how evaluation can foster students’ engagement in learning, feed into teachers’ professional development, support whole school improvement, and further nurture learning communities beyond the school’s walls. A relational shift in evaluation also opens a space for the flourishing of interactive and participatory teaching practices and more flexible and co-created curricula. Such a transformation in education speaks to the demands of a rapidly changing and unpredictable world, in which our capacities to listen, dialogue, and collaborate are imperative.
Education as Relational Process
Authors: Gergen Kenneth J. , Gill Scherto R.
Published: October 2020

Replacing the assessment orientation requires an alternative to the idea of schools as sites of production. To do so, the authors challenge the conception of schools as composed of individual actors whose performance can be measured independently of their lodgment in the social world. They argue that our understandings of the world, along with our ways of life, come about within a process of relating. It is out of coordination among participants that beliefs, values, and meaningfulness of actions originate. Thus the process of co-creation is essential to knowledge, understanding, and learning. Significant distinctions are drawn among various forms of relational process, with contrasts between conventional conversations (valuable in sustaining tradition) degenerative interchange (leading to the destruction of meaning-making) and generative relating (that inspires innovation and enriches relationship). Measurement-based assessment practices in education foster alienation, suspicion, self-centeredness, and an instrumental orientation to relating. Vitally needed is the development of a relationally enriching orientation to evaluation.
Embodied Avant-garde(s)
Authors: Herrera Eduardo
Published: October 2020

This chapter uses CLAEM as a window into how musical avant-gardism was understood and experienced. The chapter provides a thick description of how different CLAEM fellows engaged with a wide range of practices that were ultimately manifestations of avant-garde desires. It argues for a plural understanding of the avant-garde and its diverse reception which included life-long embrace, temporary adoption, gradual disillusionment, and even intolerant rejection. The chapter portrays the broad meaning of CLAEM participation for many composers in the musical avant-garde: it meant working within certain aesthetic ideals and extending these ideals to everyday practice as part of fluid and rich identities. These composers went well beyond writing music to militantly organizing events, promoting works, musicological writing, and teaching.
Conceptual Models and Frameworks for Understanding the Links Between Urban Environments and Health
Authors: Roux Ana V. Diez
Published: October 2020

This chapter provides an overview of alternative ways to conceptualize the links between places and health with special attention to urban places. It reviews some common conceptual models of the drivers of urban health and introduces the idea of systems thinking for urban health. It reviews the connections between urban health and two key multisectoral approaches to health: health in all policies and planetary health. The chapter concludes by summarizing different types of research questions and studies of urban health and key features of urban policies and interventions that may have health impacts.
Near-Term Artificial Intelligence and the Ethical Matrix
Authors: O’Neil Cathy , Gunn Hanna
Published: October 2020

This chapter takes up the issue of near-term artificial intelligence, or the algorithms that are already in place in a variety of public and private sectors, guiding decisions from advertising and to credit ratings to sentencing in the justice system. There is a pressing need to recognize and evaluate the ways that structural racism, sexism, classism, and ableism may be embedded in and amplified by these systems. The chapter proposes a framework for ethical analysis that can be used to facilitate more robust ethical reflection in AI development and implementation. It presents an ethical matrix that incorporates the language of data science as a tool that data scientists can build themselves in order to integrate ethical analysis into the design process, addressing the need for immediate analysis and accountability over the design and deployment of near-term AI.
Artificial Intelligence
Authors: Russell Stuart
Published: October 2020

This chapter argues that there is very little chance that we humans can specify our objectives completely and correctly, in such a way that the pursuit of those objectives by more capable machines is guaranteed to result in beneficial outcomes for humans. Consequently, this chapter defends and further articulates the need for “provably beneficial AI,” which is the idea that to the extent that human values are revealed in our behavior, we should be able to get machines to learn underlying human preferences from observing human behavior. It then discusses the technical challenges involved in building provably beneficial AI and responds to some possible concerns to this approach.
Why Does Anyone Believe?
Authors: Stackhouse John G.
Published: October 2020

To believe Christianity’s surprising story would require considerable convincing. Not surprisingly, lots of different Christians believe for lots of different reasons. This chapter rounds up under a handful of headings the main reasons why Christianity has attracted and retained the adherence of two billion people across the globe. And not every believer relies on every one of these arguments, of course. This chapter surveys the chief grounds of Christian faith—from historical evidence to philosophical argumentation, and from moral beauty to mystical experience.
Why Not Believe?
Authors: Stackhouse John G.
Published: October 2020

This chapter sets out responses to the two most popular obstacles to Christian belief: (1) the Christian insistence on the unique and supreme importance of Jesus Christ vis-à-vis any other religious or philosophical figure, and (2) the problem of evil. While other religions and philosophies are acknowledged as contributing, sometimes greatly, to the benefit of humankind, Christianity identifies a problem that needs a solving, a debt that needs paying, a hole that needs filling—and then asserts that Jesus Christ is the one who makes things right. Once he has done so, of course, there is no need for someone else to do likewise. But if he has done so, then he deserves supreme gratitude and worship. As for the problem of evil, this chapter sympathizes with skeptics and mourners, and offers the main answer Christianity has to offer to every problem: not clever philosophy or dogmatic theology, but the person of Jesus.
Dancing Women
Authors: Iyer Usha
Published: October 2020

Dancing Women: Choreographing Corporeal Histories of Hindi Cinema, an ambitious study of two of South Asia’s most popular cultural forms—cinema and dance—historicizes and theorizes the material and cultural production of film dance, a staple attraction of popular Hindi cinema. It explores how the dynamic figurations of the body wrought by cinematic dance forms from the 1930s to the 1990s produce unique constructions of gender, stardom, and spectacle. By charting discursive shifts through figurations of dancer-actresses, their publicly performed movements, private training, and the cinematic and extra-diegetic narratives woven around their dancing bodies, the book considers the “women’s question” via new mobilities corpo-realized by dancing women. Some of the central figures animating this corporeal history are Azurie, Sadhona Bose, Vyjayanthimala, Helen, Waheeda Rehman, Madhuri Dixit, and Saroj Khan, whose performance histories fold and intersect with those of other dancing women, including devadasis and tawaifs, Eurasian actresses, oriental dancers, vamps, choreographers, and backup dancers. Through a material history of the labor of producing on-screen dance, theoretical frameworks that emphasize collaboration, such as the “choreomusicking body” and “dance musicalization,” aesthetic approaches to embodiment drawing on treatises like the Natya Sastra and the Abhinaya Darpana, and formal analyses of cine-choreographic “techno-spectacles,” Dancing Women offers a variegated, textured history of cinema, dance, and music. Tracing the gestural genealogies of film dance produces a very different narrative of Bombay cinema, and indeed of South Asian cultural modernities, by way of a corporeal history co-choreographed by a network of remarkable dancing women.
Introduction
Authors: Iyer Usha
Published: October 2020

The Introduction sets up the primary analytic frameworks of this book, plotting, through the opening example of the spectacular dance number, “Muqabla humse na karo,” issues of labor, collaboration, and technology that film dance activates. Through attention to gesture, movement vocabulary, training, fame, and erasure, this chapter posits the need for a corporeal history of Hindi cinema that is peopled by many laboring bodies. Such a history takes into account acclaimed and invisibilized performers and celebrates a range of dancing women as co-choreographers of female mobility. The Introduction also provides a brief history of dance in pre-playback Hindi film, and a historical account of responses to the cine-corporeal transformations wrought by dance in Indian cinema.
Epilogue
Authors: Iyer Usha
Published: October 2020

The Epilogue extends this book’s examination of dance and female stardom up to the present and points to further areas of exploration that a focus on film dance opens up. It includes an examination of the changing role of the heroine as the “item girl,” Bollywood intertextuality through dance, and new modes of participatory fandom evidenced in reality dance shows. This is followed by a brief summary of how music- and dance-centered histories and theoretical frameworks help us think differently about cinematic performance, spatial organization, and labor networks. It concludes with a meditation on how this book’s sustained engagement with film dance produces an intermedial history of film, dance, and music.
Mapping Medieval Identities in Occitanian Crusade Song
Authors: Golden Rachel May
Published: October 2020

Home to the troubadours and a creative monastic center, twelfth-century Occitania (the south of France) fostered a vibrant musical culture that encompassed both secular and sacred, vernacular and Latin, spanning a wealth of locally cultivated genres. Such musical-poetic impulses reflected and responded to regional practices of courtly love, chivalric ideals, votive worship, monastic theologies, pilgrimage, and Holy War. This book demonstrates the rich cross-fertilizations between early Christian Crusades and two roughly contemporaneous musical-poetic repertories of Occitania: the sacred, Latin Aquitanian versus and the vernacular troubadour lyric. These two repertories are known largely in medieval and musicological studies for reasons apart from the Crusades—for monastic piety and Marian devotion in the case of the versus, and for courtly love and authorial voices in the case of the troubadour repertory. Yet, when considered against unfolding Crusade events, these poetic-musical repertories illuminate shifting Occitanian identities and worldviews as refracted by contemporaneous devotional practices, religious beliefs, and geographies, both physical and metaphoric. The author’s contextual investigations and musical-textual interpretations reveal how Crusade songs distinctively arose out of their southern French environments, at a historical moment when Holy War and new genres of musical composition coincided. Engaging both the outer world and the poet’s subjectivity, Crusade songs shaped regional identities, enacting individual concerns, the communal homeland, religious and military aspirations, and specific historical and geopolitical positions.
The New Russian Identity and the Burden of the Soviet Past
Authors: Sharafutdinova Gulnaz
Published: October 2020

This chapter explores the difficult historical and geopolitical context that the new Russia found itself in as it emerged after the collapse of the Soviet Union. The anti-communist ideological choice of Russia’s ruling elites stood uncomfortably with Russia’s status as the main successor to the Soviet Union. Yeltsin’s government underplayed the importance of symbolic issues in the 1990s. As a result, Russian society found itself in a state of symbolic collapse and void that, in combination with painful economic and social realities, led to a widely shared sense of confusion, shame, and anxiety.
Searching for a New Mirror
Authors: Sharafutdinova Gulnaz
Published: October 2020

Putin has built his leadership on collective identity politics and Russia’s perceived need to be recognized by the world. This concluding chapter presents three short vignettes to highlight the central issues in state-society relations in contemporary Russia and to argue that the issue of individual and collective recognition is central to state-society relations inside Russia. In all three stories we see individuals denied their dignity and recognition by the state. These issues could be used by political entrepreneurs to construct a new frame that is likely to resonate with the broader population in Russia and present an alternative to the system created under Putin’s leadership.
No Refuge
Authors: Parekh Serena
Published: October 2020

This book confronts the ethical dimension of the global refugee crisis. When most people think of the global refugee crisis, they think of Syrians crossing the Mediterranean in flimsy boats into Europe or caravans of Central Americans arriving at the US border. Yet behind these images there is a second crisis: refuge itself has all but evaporated for millions of people fleeing persecution and violence. Refugees have only three real options—squalid refugee camps, urban slums, or dangerous journeys to seek asylum—and none of these provide access to the minimum conditions of human dignity. No Refuge makes visible to readers the crisis that refugees experience in the twenty-first century: for refugees, there is no refugee. The author argues we must adopt a moral framework that incorporates the harms refugees experience both as they flee their home countries and as they seek refuge elsewhere. It’s crucial, she thinks, that citizens understand the crisis for refugees as they seek refuge and the role our states have played in this crisis in order to develop more just responses in the future. Both drawing from and transcending other philosophers’ approaches to the morality of refugee policy, the book demonstrates that countries have a moral obligation to address the political structures that prevent refugees from accessing to the minimum conditions of human dignity. An adequate response to the crisis must include ensuring the rights and dignity of refugees wherever they are.
Reasons for and against Accepting Refugees
Authors: Parekh Serena
Published: October 2020

For most people in the West, whether or not we should accept refugees, either by offering them asylum or through resettlement, is the key ethical question. But precisely why states have obligations to take in refugees is often less clear. This chapter discusses the philosophical debate surrounding states’ moral obligations to asylum seekers and refugees. The chapter explores three moral arguments for allowing refugees and asylum seekers into our countries, in fairly high, though not unlimited, numbers. But it also engages with the opposing view and shows why some believe our obligations to refugees do not necessarily include resettlement or asylum. This chapter helps people on opposing sides of the debate understand each other’s perspectives.
Structural Injustice
Authors: Parekh Serena
Published: October 2020

This chapter argues that the very structure of the refugee protection system—the status quo that requires refugees to negotiate a system that resettles very few, contains millions in camps, and neglects millions more outside of camps—must be understood as a structural injustice. It is an outcome that can be understood as the cumulative effect of many different policies around refugee resettlement, refugee camps, immigration, and border security enacted by countries around the world, even though they did not intend this outcome. By focusing on the outcome, not the intentions behind it, we’re better able to see the injustice involved in our current treatment of refugees. After developing this unique interpretation of the refugee crisis, that chapter shows why all countries, but especially Western states, share political responsibility to address it. Political responsibility is shared by all those who contribute through their actions to sustaining the injustice.
Al-Gama’a al-Islamiyya: From Terrorism to Nonviolence
Authors: Matesan Ioana Emy
Published: October 2020

In 1981, al-Gama’a al-Islamiyya assassinated Egyptian President Anwar Sadat. Over the next two decades, the group transformed from one of the most active terrorist groups in Egypt to an Islamist group that officially renounced armed action. The chapter first traces the rise of the group and investigates what pushed it to resort to violence. The increased scale and scope of violence was generated by the same causal mechanisms that explained the Muslim Brotherhood’s turn to violence: politicization, mistrust of government, a sense of betrayal by the regime, desire for revenge, and a slippery slope of militarization. The chapter then looks at the transformation of the organization starting with the 1997 Nonviolence Initiative. The analysis reveals that the high audience cost of violence and growing public condemnation led al-Gama’a al-Islamiyya’s leaders to rethink the group’s mission and push for permanent disengagement from violence.
Introduction
Authors: Tipson Baird
Published: October 2020

This introduction explains the governing argument of the book and how each chapter contributes to that argument. It begins with the rationale for a sacramental understanding of conversion and the practical importance of obtaining forgiveness of sins through the sacrament of penance. It then describes Luther’s grappling with the tension between an instrumental understanding of baptism and one that requires some kind of faith from the recipient. This tension will harden after his death into a great divide between Lutheran and Reformed. The Reformed insistence on an inward baptism by the Holy Spirit will eventually result in evangelicalism.
Money Code Space
Authors: Parkin Jack
Published: October 2020

Newly emerging cryptocurrencies and blockchain technology present a challenging research problem in the field of digital politics and economics. Bitcoin—the first widely implemented cryptocurrency and blockchain architecture—seemingly separates itself from the existing territorial boundedness of nation-state money via a process of algorithmic decentralisation. Proponents declare that the utilisation of cryptography to advance financial transactions will disrupt the modern centralised structures by which capitalist economies are currently organised: corporations, governments, commercial banks, and central banks. Allegedly, software can create a more stable and democratic global economy; a world free from hierarchy and control. In Money Code Space, Jack Parkin debunks these utopian claims by approaching distributed ledger technologies as a spatial and social problem where power forms unevenly across their networks. First-hand accounts of online communities, open-source software governance, infrastructural hardware operations, and Silicon Valley start-up culture are used to ground understandings of cryptocurrencies in the “real world.” Consequently, Parkin demonstrates how Bitcoin and other blockchains are produced across a multitude of tessellated spaces from which certain stakeholders exercise considerable amounts of power over their networks. While money, code, and space are certainly transformed by distributed ledgers, algorithmic decentralisation is rendered inherently paradoxical because it is predicated upon centralised actors, practices, and forces.
Pandora’s Blocks
Authors: Parkin Jack
Published: October 2020

Chapter 1 opens the lid on Bitcoin so that all of its attributes, problems, and connotations come spilling out. At the same time, it pulls these disparate strands back into focus by outlining the many discrepancies examined in subsequent chapters. So while in some ways the chapter acts like a primer for cryptocurrencies, blockchains, and their political economies, the material laid out works to set up the book’s underlying argument: asymmetric concentrations of power inevitably form though processes of algorithmic decentralisation. In the process, a short history of Bitcoin introduces some of its key stakeholders as well as some of its core technical functions.
Epistemic Values
Authors: Zagzebski Linda Trinkaus
Published: October 2020

This book collects twenty papers in epistemology by Linda Zagzebski, covering her entire career of more than twenty-five years. She is one of the founders of contemporary epistemology and is well-known for broadening the field and re-focusing it on epistemic virtue and epistemic value. The subject areas of most of epistemology are included in these papers: (1) knowledge and understanding, (2) intellectual virtue, (3) epistemic value, (4) virtue in religious epistemology, (5) intellectual autonomy and authority, and (6) skepticism and the Gettier problem.
A Defense of Epistemic Authority
Authors: Zagzebski Linda Trinkaus
Published: October 2020

Philosophers generally assume that authority applies only to the political domain and do not even mention epistemic authority. Theorists recognize the tension between authority and autonomy, but the tradition of modern liberalism maintains that political authority can be derived from the authority of the self over the self. One can have authority without sacrifice of autonomy. This chapter argues that authority in the epistemic domain is justifiable even if one begins with the natural authority of the self. It proposes principles of epistemic authority modeled on the general principles of authority proposed by Joseph Raz. These include the Content-Independence thesis, the Pre-emption thesis, the Dependency thesis, and the Normal Justification thesis. The focus is on the authority of a person’s beliefs, although the principles can be applied to the authority of another person’s testimony and the authority of epistemic communities.
Big Data and Other Big Changes
Authors: Panagopoulos Costas
Published: October 2020

The chapter describes developments in campaign technology, focusing on advances in microtargeting capabilities and explaining why the presidential election in 2000 represents a watershed moment in this process.
The Elusive Persuadable Voter
Authors: Panagopoulos Costas
Published: October 2020

This chapter investigates the timing of presidential vote choice and the rates of party support and party defection in recent presidential elections. The percentage of voters who are making their decision to support one presidential candidate instead of the other after the general election campaign is shrinking. Campaigns struggle to persuade voters once they’ve reached a decision to vote for a particular candidate. This is an added motivation for campaigns to focus on mobilization instead of persuasion. Not only are voters making up their minds earlier than ever, but they are also more loyal than ever. Partisans, particularly strong partisans, rarely defect from supporting their party’s nominee, which was not the case in presidential election just a few decades ago.
Switching Gears
Authors: Panagopoulos Costas
Published: October 2020

This chapter demonstrates the change in campaign-targeting strategies both over time and following the adoption of microtargeting techniques by political operatives leading up to and following the 2000 election. The analyses show that strong partisans and committed ideologues have been targeted by campaigns at higher rates, while independents have received less and less attention from campaigns in recent cycles. I concede these analyses represent only an indirect attempt to observe shifts in presidential campaign strategy, but consistent, direct, and reliable measures of campaign targeting over time are unavailable. Nevertheless, inferences about campaign behavior and strategic decision-making can be gleaned from Americans’ reports of campaign activity.
Turning Out or Tuning Out?
Authors: Panagopoulos Costas
Published: October 2020

This chapter begins to consider the implications of the shift toward base maximization in recent presidential campaign cycles by examining patterns in voter turnout among partisan subgroups in the electorate. The analyses show that persuadable voters are voting at lower rates while strong partisans are voting at higher rates in recent presidential elections. These patterns have fundamentally changed the nature of the electorate, which has been comprised increasingly of strong partisans in recent years, relative to independent, swing, or persuadable voters.
Introduction
Authors: Cleveland Sarah H , Stephan Paul B.
Published: October 2020

This introductory chapter serves as a foreword for the volume. It sketches the history of past restatements and the evolution of the latest one. The first (confusingly called Second) Restatement of the Foreign Relations Law of the United States brought widespread attention to the term “foreign relations law.” It staunchly defended the proposition that foreign relations, no matter how imbued with discretion and prerogative, still must rest on law. The Third Restatement, prepared during a period of what to many seemed constitutional retrenchment and a loosening of judicial supervision over public life, offered a robust defense of the proposition that, “In conducting the foreign relations of the United States, Presidents, members of Congress, and public officials are not at large in a political process; they are under law.” Moreover, it insisted that the judiciary, as much as the executive and Congress, creates and enforces this law. To the extent that the Third Restatement rested its claims on its view of the state of customary international law, other influential actors pushed back. The Fourth Restatement revisits the Third’s claims, especially about the central role of the judiciary, in light of the evolution of both U.S. and international law and practice.
From the Third to the Fourth Restatement of Foreign Relations
Authors: White G. Edward
Published: October 2020

This chapter traces and analyzes the course from the Third to the Fourth Restatement of Foreign Relations Law. It is primarily about why the Third Restatement, arguably the most authoritative embodiment of a particular approach to the law of foreign relations in America to appear in the twentieth century, should have had that authority suddenly, and decisively, questioned at that century’s end, and subsequently repudiated, at least in part, by judicial decisions and commentary in the first two decades of the twenty-first century. It is about what can be called the twentieth-century rise, and the twenty-first-century potential fall, of foreign relations exceptionalism. The last published edition of the Third Restatement of Foreign Relations Law appeared in 1987. By 2011, the American Law Institute had agreed to commission a Fourth Restatement. Between 2014 and 2017, eight Tentative Drafts of the Fourth Restatement were produced, and in 2018 the Fourth Restatement was published. Although twenty-five years between the publication of a Restatement and the decision to commission to a successor is not unprecedented in the ALI’s history, one can see that in the case of the Third Restatement it represented the startling collapse of a long-established orthodoxy about foreign relations jurisprudence.
Could the President Unilaterally Terminate All International Agreements?
Authors: Koh Harold Hongju
Published: October 2020

This chapter examines Section 313 of the Fourth Restatement of the Foreign Relations Law, regarding “Authority to Suspend, Terminate, or Withdraw from Treaties.” That provision states that “according to established practice, the president has the authority to act on behalf of the United States in suspending or terminating U.S. treaty commitments and in withdrawing the United States from treaties.” While the reporters cautioned that this section currently applies only to Article II treaties, one of them recently wrote that “if presidents do have the legal authority to withdraw from Article II treaties, it is not clear why that authority would not extend to congressional-executive agreements” and presumably, other agreements as well. Donald Trump’s tumultuous presidency has called this broad supposition into question. Since 2017, the Trump administration has announced its withdrawal from a host of bilateral and multilateral arrangements. One could easily imagine this president and his lawyers misconstruing Section 313 as justifying a general power of the president to terminate, suspend, or withdraw from any and all international agreements to which the United States is a party. The chapter argues that no such power exists. The U.S. Constitution does not confer upon the president a general unilateral power of treaty termination. Nor can such a general unilateral power be derived from constitutional text, structure, or U.S. Supreme Court precedent.
Taking Treaty-Implementing Statutes Seriously
Authors: Estreicher Samuel
Published: October 2020

This chapter evaluates how implementing legislation has been a critical aspect of the U.S. treaty-making process since the very beginning of the Republic. Yet modern academic studies of U.S. foreign relations law too often neglect treaty-implementing statutes. While the treaty spells out the international obligations, the implementing law is the domestic face of the treaty, except in the increasingly rare instances where the treaty is considered self-executing. Ultimately, treaty-implementing legislation constitutes the operative law of the United States with respect to the treaty in question. The chapter then seeks to rekindle interest in this part of the process in the making of U.S. foreign relations law. A renewed appreciation by the courts and politically accountable breaches of, and focus on, the central role of the implementing statute in the case of non-self-executing treaties is likely to yield several significant benefits for the development of U.S. foreign relations law. These include, firstly, a better understanding of the precise U.S. law position on a particular issue; secondly, avoiding the dangers of blanket incorporation of treaty language that fails to adjust for U.S. institutions and legal culture; and, thirdly, providing an opportunity for Congressional expansion of protection beyond the requirements of the treaty.
The Fourth Restatement’s Treatment of International Law and Administrative Law
Authors: Galbraith Jean
Published: October 2020

This chapter argues that there is a disconnect between foreign relations law in practice and its portrayal in the Fourth Restatement of the Foreign Relations Law. It considers two significant shifts in foreign relations law between the late 1980s and the present. The first shift is that there is now more distance between international law and U.S. domestic law. The second shift is that there is now less distance between foreign relations law and U.S. administrative law. The Fourth Restatement reflects the first change but overlooks the second one. The effect of this is a distorted picture of the boundaries of foreign relations law. The chapter then then analyzes how further work on the Fourth Restatement could reduce or minimize this distortion.
Restating The Charming Betsy as a Canon of Avoidance
Authors: Bellia Anthony J. , Clark Bradford R.
Published: October 2020

This chapter examines the Charming Betsy canon, which was recognized by the Supreme Court more than two centuries ago and has since become a well-known tool of statutory construction. As formulated in 1804, the canon instructed that a federal statute “ought never to be construed to violate the law of nations if any other possible construction remains.” At the time The Charming Betsy was decided, the canon functioned as a canon of constitutional avoidance. It ensured that courts did not usurp the constitutional authority of the political branches over the conduct of war and foreign relations by violating the rights of foreign nations without clear authorization to do so. In 1987, the Third Restatement arguably expanded the domain of the canon beyond its original formulation and actual use by the Supreme Court, instructing courts to construe statutes “so as not to conflict with international law.” Although the Fourth Restatement does not include a general restatement of the Charming Betsy canon, Section 406 restates an important application of the canon to avoid conflicts with international law governing jurisdiction to prescribe. This chapter proposes a new general restatement of the Charming Betsy canon that reflects its actual use by the Court as a canon of avoidance, and excludes potential misuses that might contradict, rather than uphold, the U.S. Constitution’s allocation of powers.
International Comity in the Fourth Restatement
Authors: Dodge William S.
Published: October 2020

This chapter reflects on the treatment of international comity in the Third and Fourth Restatements of the Foreign Relations Law of the United States. International comity played a minor role in the Third Restatement, and the distinction between international comity and international law helps to explain why. The Third Restatement recognized comity as the basis for U.S. rules governing the recognition and enforcement of foreign judgments, but generally it attempted to show that rules originating in comity had developed into customary international law. Some of these attempts were criticized as unsupported by state practice and opinio juris. The Fourth Restatement takes a more restrained approach to restating rules of customary international law and correspondingly embraces international comity as a way of distinguishing limits on jurisdiction that are required by international law from limits on jurisdiction that are required only by domestic law. The chapter then considers some of the implications of looking at doctrines of foreign relations law through an international-comity lens.
Toward the Fifth Restatement of U.S. Foreign Relations Law
Authors: Bookman Pamela K.
Published: October 2020

This chapter discusses the debate that the Fourth Restatement of Foreign Relations Law of the United States has sparked regarding the status of adjudicative jurisdiction under public international law. The Fourth Restatement has received considerable attention for its conclusion that adjudicative jurisdiction is not a concern of public international law. But exercises of adjudicative jurisdiction around the world are not static. Innovations and expansions of international adjudication in courts around the world are in process and looming on the horizon. This chapter surveys these developments and considers whether they could lead the next Restatement to alter its position on adjudicative jurisdiction. It also evaluates how these developments could translate into state practice and expressions of opinio juris that might affect the international law status of adjudicative jurisdiction.
Territoriality and Its Troubles
Authors: Rutherglen George
Published: October 2020

This chapter examines what the presumption against extraterritoriality means and how it operates. The presumption against extraterritoriality itself presumes a set of complicated rules about which features of a transnational case count: which features make a case territorial and within the scope of a federal statute because these features can be located within the United States or, if they cannot, make the case extraterritorial and outside the statute’s scope. The dependence of the presumption upon a network of other rules both complicates its operation and makes it a less than certain guide to statutory interpretation. The chapter then considers the justification for territorial allocation of government power generally, and addresses the question of whether any presumption about the territorial scope of statutes must await a new consensus on the appropriate rules of choice of law. It argues that the presumption against extraterritoriality requires a flexible interpretation that makes it more of a principle than a rule. From that premise, the chapter studies the choice between an ad hoc and a principled application of the presumption, both of which are exemplified in recent decisions.
Sleeping Dogs
Authors: Deeks Ashley
Published: October 2020

This chapter describes basic developments in U.S. domestic humanitarian law since the September 11 attacks. Important new rules emerged from domestic judicial decisions in several states in the post–September 11 era. Courts produced decisions about how to characterize a state’s extraterritorial armed conflicts against nonstate actors; who a state lawfully may detain or target during those conflicts; the detention review processes a state must conduct; and what restrictions should attach to detainee transfers, among other topics. This case law can be termed “domestic humanitarian law” (DHL). The DHL emerging from different jurisdictions offered a way to develop international humanitarian law, akin to the U.S. constitutional idea that U.S. States serve as experimental “laboratories” in which different approaches to problems are tested. U.S. courts were a major player in this undertaking. Notwithstanding the stated interest by the Fourth Restatement of Foreign Relations Law’s reporters in updating the Third Restatement to better reflect major geopolitical changes since 1987, however, and notwithstanding the fact that DHL is a new, plentiful, and important reflection of those changes, there seems to be an unspoken consensus that DHL would be a poor subject for the Fourth Restatement to take up. The chapter considers why this is the case and what it says about U.S. “war on terror” jurisprudence.
Ecologies of Resonance in Christian Musicking
Authors: Porter Mark
Published: October 2020

Ecologies of Resonance in Christian Musicking explores a diverse range of Christian musical activity through the conceptual lens of resonance, a concept rooted in the physical, vibrational, and sonic realm that carries with it an expansive ability to simultaneously describe personal, social, and spiritual realities. In this book, Mark Porter proposes that attention to patterns of back-and-forth interaction that exist in and alongside sonic activity can help to understand the dynamics of religious musicking in new ways and, at the same time, can provide a means for bringing diverse traditions into conversation. The book focuses on different questions arising out of human experience in the moment of worship. What happens if the entry point of a human being experiencing certain patterns of (more than) sonic interaction with the world around them is taken as a focus for exploration? What different ecologies of interaction can be encountered? What kinds of patterns can be traced through different Christian worshiping environments? And how do these operate across multiple dimensions of experience? Chapters covering ascetic sounding, noisy congregations, and Internet live-streaming, among others, serve to highlight the diverse ecologies of resonance that surround Christian musicking, suggesting the potential to develop new perspectives on devotional musical activity that focus not primarily on compositions or theological ideals but on changing patterns of interaction across multiple dimensions between individuals, spaces, communities, and God.
Sounding Back and Forth
Authors: Porter Mark
Published: October 2020

This chapter explores some of the ways in which resonance has been theorized in recent literature. Through this exploration it proposes ways in which attentiveness to dynamics of resonance can be useful in the study of congregational musicking. Drawing upon the work of Hartmut Rosa, the author draws attention to the potential for individuals to aspire to resonant relationships with the world around them. This is supplemented with perspectives from Jean-Luc Nancy in order to emphasize the way in which sound continually draws different entities into dynamic and meaningful relationships, and from the work of Veit Erlmann in order to highlight the ways in which these relationships spill over between sonic and more-than-sonic dimensions. Bringing these authors into conversation, the author suggests the need to hold together a number of different understandings of resonance in order to exploit the term’s ability to point toward the multidirectional and multidimensional complexes of relationships that surround devotional musicking.
Resonance, Bach, and Noisy Congregations
Authors: Porter Mark
Published: October 2020

This chapter takes, as its starting provocation, Tanya Kevorkian’s suggestion that performances of Bach’s cantata compositions would originally have taken place within a somewhat noisy social environment. Drawing from the wider field of literature on listening and noise in other historical and contemporary contexts, it examines the potential for sonic interactions between different actors to set up patterns of social resonance. It draws out the consequences of taking these sonic and social interactions seriously in understandings of musical performance and experience. Many analyses consider noise primarily as a distraction to attentive listening. This chapter, however, highlights its role in processes of meaning making and in establishing different sets of relationships between performers, congregation, and the divine.
Prayer Room Live-Streaming and Transnational Resonant Assemblages
Authors: Porter Mark
Published: October 2020

Dynamic resonant interplay is not limited to the space of the gathered congregation. Religious practices have always occurred beyond the boundaries of congregational spaces. There is an increasing desire to move away from an understanding of congregations as discreet, bounded entities and toward an inclusion of a range of practices and interactions, both individual and communal, private and public, in the surrounding world. This chapter utilizes on-site and online ethnography in order to observe the transnational resonant assemblages set up through Internet live-streaming of prayer room music and worship. It examines the way in which sound and video carried through the cameras of the prayer room, the fibers of the Internet, and the computers and mobile devices of those tuning in set up a dynamic interplay between prayer room environments and other devotional spaces around the globe.
The Challenge of Listening
Authors: Scudder Mary F.
Published: October 2020

Chapter 1 introduces the main arguments and key themes of the book. It begins by explaining the centrality of listening for meaningfully democratic deliberation. Being heard by their fellow citizens is what ensures people have a say in the laws to which they are held. Without listening there can be no democracy. The chapter outlines how a listening-centered approach to democratizing deliberation differs from existing approaches, which have tended to focus on reforming procedures and have all but ignored the need to develop citizens’ capacities. This chapter also discusses the various literatures to which the book’s arguments contribute. It explains the book’s general approach and key themes, including those related to making deliberation more accommodating of deep difference and disagreement. Asking whether listening is an absolute democratic good, this chapter also considers the limits of a democratic expectation to listen.
The Insufficiency of Inclusion and the Need for Uptake
Authors: Scudder Mary F.
Published: October 2020

This chapter demonstrates the insufficiency of inclusion for ensuring the democratic functioning of a deliberative system. It reinterprets the democratic force of deliberation, showing that it comes from uptake as much as inclusion. The author defines “uptake” as the due consideration of the arguments, stories, and perspectives that citizens share in deliberation. After inclusion, it is uptake that ensures citizens have a say in the laws to which they are held. The author shows, however, that uptake is not always straightforward. Distinct from inclusion, uptake faces its own obstacles, especially in large pluralistic societies in which people have to make decisions with real and disparate consequences for themselves and others. Chapter 2 shows not only that uptake is essential for achieving the democratic functioning of a deliberative system but also illustrates the challenges to achieving uptake in political contexts of deep difference.
Listening for Difference in Democracy
Authors: Scudder Mary F.
Published: October 2020

Chapter 6 asks whether a listening approach to deliberation can succeed in contexts of deep difference and disagreement. If so, what does that success look like? This chapter shows that the listening approach to deliberation helps us achieve democracy in pluralistic polities, not by overcoming the challenges to deliberation across difference but by drawing citizens’ attention to the process of doing justice to those challenges. The chapter proposes that the prospects for democratic listening and uptake are improved when those deliberating recognize the inherent limits of their ability to understand others. With this, the chapter shows how an ontology of identity/difference, vivified through encounters with difference, can actually offer a productive background for a deliberative democratic theory centered on the listening act.
Democratic Ideals in a Non-Ideal World
Authors: Scudder Mary F.
Published: October 2020

The book concludes with a discussion of the real-world implications of pursuing a politics of listening. Does the expectation to fairly consider the inputs of others apply equally to members of a minority or marginalized group as it does to the relatively powerful and privileged members of society? Chapter 7 explains how to pursue the ideal of uptake and a politics of listening while remaining sensitive to the non-ideal conditions of the present. The chapter draws on political behavior research to show that people are capable of meeting the demands of citizenship laid out in this book. Nonetheless, this chapter also defends the practical value of the ideal of uptake, even when our efforts to attain it fall short. Discussing what to do when listening and uptake are consistently denied or beyond our reach, the chapter concludes by considering the critical value of ideal theory in a non-ideal world.