bluuebunny/crossref_metadata_2025 huggingface dataset:
The Social Roots of American Politics
Authors: Shafer Byron E. , Wagner Regina L.
Published: October 2022

The Social Roots of American Politics attempts to recover the shaping influence of social backgrounds on political conflict in the United States since the Second World War. The critical tool for this is partisan alignment, the manner in which social cleavages are linked to policy preferences and converted into ongoing conflicts by way of political parties. Along the way, it examines the way these parties transmit—but also transform—policy preferences rooted in basic social divisions. One cleavage, social class, proves to be a continuing influence on policy preferences from the start, expanding modestly but relentlessly thereafter. A second, racial background, would explode in the early postwar years, with policy divisions that were deeper but more narrowly focused than the others. The third, religious denomination, was largely dormant in those early years, rising to political prominence with social change and as active partisans came to recognize a religious potential for organizing politics. And the fourth, sex, would have the most mottled connection to policy preferences but the most direct connection to party attachment.
The Instantiation of Partisan Alignments
Authors: Wagner Regina L. , Shafer Byron E.
Published: October 2022

The original—and still most consequential—social division in American politics is social class. Chapter One recovers its early linkage with party identification and follows its role in shaping policy preferences in the general public across the postwar period, charting an expanded influence on political parties and on party activists. A patterned alignment between party and class would prove enduring across the postwar years, while the difference in its role among party activists versus their rank and file would remain consequential too. Partisan instantiation, the simple reflection of class-based preferences that had already been organized and presented in the New Deal, would remain the central engine in all of these developments.
Son of God
Authors: Bryan Christopher
Published: October 2022

Christians have long referred to Jesus of Nazareth as “Son of God.” But what have they meant by that? And what, if anything, might such an expression mean in the twenty-first century? This book approaches these questions by surveying the use of this and related expressions: first, in the Scriptures of Israel, which provided the language and concepts in which both Jesus and his earliest followers expressed and understood themselves; second, in the world of Greco-Roman and Roman imperial culture surrounding Israel that saw the rise and spread of Christianity; and, finally, in the early Christians’ own testimony to the impact made on them by Jesus of Nazareth, as that is expressed in the New Testament. The survey points to a definite direction and thrust in the understanding and attitudes to Jesus implicit in use of the phrase “Son of God,” an understanding and attitudes that both complement and contrast with that other expression most commonly used of him, namely “Lord.” In a closing section, the book considers the implications of these reflections for Christian theology and self-understanding in the twenty-first century, and in particular with what they have to say to the phenomena of saints, sanctity, and sainthood.
Galilee
Authors: Bryan Christopher
Published: October 2022

Christianity began in Galilee, a client state of the Roman Empire, inevitably therefore influenced by Rome but still in itself Jewish, ruled by one who at least claimed to be an observant Jew, and possessing the Scriptures which marked its difference from the nations around it. It is quite wrong to speak of Jesus or the early Christians “adapting” or “adopting” those Scriptures. On the contrary, Jesus of Nazareth was formed in those Scriptures and from the beginning knew no way to speak of himself or his mission except in terms of them. The same was true of his early followers.
The Scriptures of Israel
Authors: Bryan Christopher
Published: October 2022

Israel’s Scriptures involve many and varied, Sometimes even contradictory, voices but witness to a single story in which God, who is wise, loving and faithful, is the central character. Jesus’ early followers believed that in Jesus’ life, death, resurrection, and exaltation God had begun a new phase of the story, whereby God not only remained faithful to the promises God had made but had begun to fulfill them. The “latter days” that had been for ancient Israel the future were now present days in which the followers of Jesus were already living and in which God had already spoken and acted.
The Institutional Power of Religion
Authors: Wuthnow Robert
Published: October 2022

Although religion is generally conceived of in the social sciences as an institution, surprisingly little attention has been given to how institutional power works other than in treatments of managerial authority. This chapter pulls together ideas from a wide variety of sources that help to specify several of the important ways in which religious institutions exert power. One of the most important ways is simply through controlling space. Another is through certifying what counts as practical knowledge and as codified knowledge. Yet another is through allocating material and symbolic rewards in ways that confer status. The chapter presents examples ranging from the space-defining role of church bells and lightning rods to gyms and megachurches, group style in Bible studies and church picnics, scriptural disputes, lay leadership, schisms, and temperance movements.
Revolution or Collapse?
Authors: Burkett Maxine
Published: October 2022

Given the current state of the climate, the international legal order (ILO) must evolve simply to avoid collapse. All elements of the ILO either impact or are impacted by the changing climate. The climate crisis is not a discrete issue or one causal factor to manage. It is the context within which law, economy, and culture will develop while attempting to avoid the worst outcomes. This chapter analyzes the geophysical phenomenon of climate change as a key frame for the discourse on the twenty-first-century international legal order. It also explores specific impacts of climate change on North-South inequality, the nagging and worsening crises of international borders and migration, and the prospect of increased national and regional conflict. These constitute just a handful of the climate-induced disruptions that will test ILO’s resilience and its ability to evolve to respond to the radical disruption that climate change introduces to both geophysical and legal systems.
Strength in Obscurity
Authors: Rabkin Jeremy
Published: October 2022

Some three thousand distinct treaties now protect foreign investors from confiscation or inequitable treatment by countries where they operate. In the nineteenth century, great powers deployed gunboats to enforce such norms against weak states outside Europe. That practice was abandoned in the twentieth century, as revolutionary regimes denied that foreign states had any right to claim reparations for injuries to private investors. Since the end of the Cold War, however, most nations have agreed to accept international arbitration of claims when submitted directly by foreign firms. Hundreds of such claims have been adjudicated in this way with compensation awards regularly reaching into tens of millions of dollars. No master treaty or international institution controls the process, but a loose-knit scheme of parallel treaties has generated a remarkably adaptive and resilient body of international law. Investor-state dispute settlement is one of the most successful innovations of contemporary international law. It may be more effective for operating outside more prominent international fora where international disputes are often inflamed by larger political conflicts.
Authoritarianism, International Human Rights, and Legal Change
Authors: Sandholtz Wayne
Published: October 2022

Authoritarianism has been on the rise in the twenty-first century. Authoritarian regimes have intensified their repression, but—more troubling—authoritarian practices have been on the rise in a number of democratizing states and even in some long-standing democracies. Resurgent authoritarianism poses a two-level threat to the international legal order in human rights, on the international plane and on the domestic. Authoritarian regimes undermine international human rights institutions from within, appearing superficially to participate but doing so in ways that weaken the institutions and diminish their credibility. But the more profound authoritarian threat to international human rights law (IHRL) is at the domestic level. IHRL becomes effective to the extent that it empowers people to mobilize political pressure or to vindicate rights in local courts. Authoritarian regimes weaken or destroy the mechanisms through which domestic actors deploy IHRL in their local contexts. The analysis measures international trends in three key authoritarian practices that undermine domestic mechanisms of human rights accountability: eroding judicial independence; curtailing freedom of expression, especially freedom of the press; and suppressing civil society organizations. All three core authoritarian practices show marked increases globally in the twenty-first century, not just among existing autocracies but also among recently democratized states and even in long-standing democracies. A final section explores alternative futures for IHRL, finding some evidence of human rights resilience in public resistance to authoritarian regimes in a variety of countries around the world.
Introduction: An Entanglement of Missions for Constitutional Law
Authors: Michelman Frank I.
Published: October 2022

This book enters a longstanding liberal conversation between philosophy and law. On the philosophical side we have John Rawls with his thought of a country’s legal constitution serving as a public platform for the justification, to dissenting free and equal citizens, of the force of democratic law. A study of Rawls’s thinking here can shed light, this book claims, on a cluster of seemingly interminable constitutional lawyers’ debates; but also those seeking the best and truest readings of Rawls can learn from the controversies of the lawyers. As what he names “the liberal principle of legitimacy,” Rawls postulates that exercises of coercive governmental powers may properly be justified to free and equal dissenters as long as taken “in accordance with a constitution the essentials of which all citizens may reasonably be expected to endorse.” Rawls thus speaks into a duality of missions that lawyers in constitutional democracies assign to their countries’ bodies of constitutional law: to constrain oncoming governmental acts and policies by directions previously set, and to supply a basis on which citizens in sharp disagreement over the moral and other merits of laws and policies just now issuing can nevertheless all freely and willingly accept those laws and be disposed normally to abide by them. This introduction shows preliminarily how those two assignments to constitutional law—“regulatory” and “justificatory”—can sometimes point in conflicting directions for constitutional-democratic practice, and lays out a plan for the rest of the book.
The Constitution as Procedural Recourse: Rawls’s “Liberal Principle of Legitimacy”
Authors: Michelman Frank I.
Published: October 2022

“The problem of political liberalism,” says John Rawls, is that of the justification of the force of democratic lawmaking among free and equal citizens, in conditions of reasonable pluralism. By what he calls “the liberal principle of legitimacy,” Rawls proposes, as one response to the problem, that a country’s legal constitution—including a bill of substantive rights—can provide a framework for a country’s politics that reasonable and rational citizens could all find acceptable for that purpose. This chapter lays out Rawls’s thinking along these lines and its incorporation of ideas and conceptions of public reason, reciprocity, reasonable pluralism, political personhood, a liberal conception of democracy, and political reasonability. The chapter suggests that a Rawlsian take on democracy casts burdens of justification both on the citizenry as a collective body and on citizens severally vis-à-vis one another. The chapter explains the sense in which the Rawlsian proposal for justification-by-constitution (as this book calls this idea) should register as a distinctly proceduralist response to the challenge of justification, and also how the proceduralist theme in Rawls’s political thought has somewhat shifted focus, over time, from the topic justice to that of justification.
Justification-by-Constitution, Economic Guarantees, and the Rise of Weak-Form Review
Authors: Michelman Frank I.
Published: October 2022

Chapter 10 looks into debates in constitutional democracies over the inclusion (or not) of socioeconomic guarantees in constitutional bills of rights, and also (to be continued in Chapter 11) over the uses and forms of judicial constitutional review. The two issues are found to be entangled in the following away. A claimed unfitness of socioeconomic policy as a field for judicial issuance of directive orders to legislative and executive branches in a democratic government has historically cropped up (as it does in fact appear to do, in some measure, for John Rawls) as a caution against inclusion of that field of concern in constitutional law, regardless of demands of political justice respecting it. Conviction may nevertheless persist that some socioeconomic assurances are indispensable from a liberally justification-worthy constitution. An apparent upshot from the resulting tension has been the development and embrace of conceptions and forms of “weak” judicial review designed to avoid democracy-based objection to inclusion of socioeconomic assurances in constitutional law.
Coercion meets Pragmatism
Authors: Ostermann Susan L.
Published: October 2022

This chapter introduces the connection between state capacity and coercion, as well as the presumption that compliance with law is unlikely in areas of coercive weakness. It then turns to the presumption of perfect legal knowledge and the problems association with this stance. In particular, principal-agent problems prevent many coercively weak states from behaving consistently, and the populations targeted by particular regulations often lack education and competent legal advice. As a result, they struggle to learn about the law. States that employ regulatory pragmatism, however, have an opportunity to circumvent this compliance barrier by designing implementation strategies for on-the-ground realities. The chapter looks at knowledgeable compliance and suggests how regulatory pragmatism might lead to same. Finally, the border design is introduced and a summary of findings is provided.
Inconsistent State Action, Inaccurate Legal Knowledge, and Non-Compliance
Authors: Ostermann Susan L.
Published: October 2022

Chapter 5 takes an in-depth look at the underpinnings of inaccurate legal knowledge. In particular, it considers how people learn about the law and the challenges they face when education is limited and poverty is widespread. The focus then shifts to learning about the law by observation and the inaccurate legal understandings that often result when the state, due to principal-agent problems, struggles to behave consistently. Having explored the challenges, the focus of the chapter then shifts to an exploration of the empirics, examining conservation case data on accurate legal knowledge and compliance with wood-taking prohibitions in Chitwan and Valmiki National Parks. In particular, the data indicate that accurate legal knowledge is significantly more widespread in Nepal; compliance is also more common in Nepal, which is demonstrated using survey and observational data, as well as Forest Canopy Density analysis.
Accurate Legal Knowledge under Adverse Conditions
Authors: Ostermann Susan L.
Published: October 2022

This chapter explores the somewhat surprising findings from Chapter 5 and considers two different pragmatic regulatory strategies that might help to explain them. In particular, the chapter focuses on whether two pragmatic regulatory strategies—delegated enforcement and information dissemination through local leaders—help foster accurate legal knowledge under adverse conditions. The first involves analysis of survey data related to legal knowledge and compliance rates among individuals who have Community Forest access. The second involves a field experiment in which a local leader conveyed accurate information about the law to a group of approximately forty individuals; pre- and post-treatment surveys of villagers (not of those involved in the intervention) were used to determine effectiveness. The data indicate that both strategies were associated with higher rates of accurate legal knowledge among target populations, as well as higher levels of compliance.
The Rule of Law
Authors: Kekes John
Published: October 2022

This chapter is a moderate conservative interpretation of the rule of law is one of the primary political values. Its aim is to maintain order, define the rights and responsibilities of those living in America, and protect the conditions that enable us to follow our conception of how we should live. It is almost entirely procedural, and substantive only in the protection of the minimum requirements of human lives. It represents no particular political party, neither favors nor opposes any particular legitimately arrived at law. It only defines the conditions of legitimacy to which particular laws must conform. It is justified if these aims are achieved within the limits set by the Constitution. It neither favors, nor opposes any particular policy. It is intended to be politically neutral.
Ownership
Authors: Weinrib Ernest J.
Published: October 2022

This chapter elucidates the unifying function of a Kantian right with respect to the principal Hohfeldian categories present in the idea of ownership. In Hohfeldian terms, ownership combines the owner’s claim-right to exclude others from the owned object and the owner’s liberty to use that object. This chapter addresses the relationship between using and excluding, by presenting Grotius’ and Kant’s classic accounts of ownership. Grotius’ approach treats use and exclusivity as separate notions, with the latter evolving out of the former. For Kant, in contrast, use and exclusivity are integrated aspects of ownership as a right within a regime of reciprocal freedom. This chapter offers a Kantian critique of Grotius’ account of the original right to use. It then presents Kant’s notion of usability as the basis for his integration of use and exclusivity. Next, the chapter deals with the special problem for reciprocal freedom that is posed by acquisition, and with the role of a system of acquisition within a regime of public institutions in providing the solution to that problem. Finally, the chapter concludes with reflections on the conceptual place of ownership within a system of property.
The Rule of Law
Authors: Weinrib Ernest J.
Published: October 2022

The chapter investigates the significance of the rule of law for private law, first presenting a general account of the rule of law and then turning specifically to private law. The rule of law has the double function of ensuring that the exercise of state power is through law and in accordance with law. The first of these is the aim of Lon Fuller’s desiderata for governing human conduct through legal rules; the second is the concomitant of the separation of legislative, executive, and adjudicative powers in the form of government that Kant termed a ‘republic.’ The rule of law takes as its subject matter the constitutive (and not the regulative) aspects of a republican polity. The rule of law, therefore, differs from the Rechtsstaat, which in its contemporary version incorporates regulative notions of justice. However, taking over the argument of Julius Ebbinghaus, the chapter contends that injustice is to be distinguished from inhumanity (exemplified by Nazism and apartheid), which is never within the competence of legal authority. Turning to private law adjudication, the chapter argues that the retroactivity of adjudicated norms does not violate the rule of law. The separation of powers makes it implausible to assume that Fuller’s desiderata apply to adjudication in the same way that they apply to legislation. The rule of law is satisfied by the antecedent public availability of the legal materials out of which a new adjudicative norm is shaped. Prospective overruling is, accordingly, the solution to a non-existent problem.
The New French Law of Contract
Authors: Rowan Solène
Published: October 2022

After being almost untouched for over 200 years, the contract law section of the French Civil Code was overhauled in 2016 and 2018. The New French Law of Contract describes, explains, and analyses the new general principles of contract law in the reformed Code in a concise and stimulating way. The areas covered include contract formation, validity, the interpretation and supplementation of terms, the regulation of unfair terms, privity of contract, change of circumstances, breach of contract, and remedies. The book examines the ways in which the new articles affirm or depart from the provisions of the 1804 Code and pre-reform case law, giving special attention to changes that have proved to be controversial and the debates that surround them. It also considers the various influences that have shaped the reforms, in particular those from international contract law instruments such as the Principle of European Contract Law and the UNIDROIT Principles. Written from the standpoint of a common lawyer, the book is designed to help readers from a common law background to navigate the innovations in the reforms and the new French law of contract that emerges. It is essential reading for students, researchers, practitioners, law-makers, and judges with an interest in comparative law.
Introductory Provisions
Authors: Rowan Solène
Published: October 2022

This chapter covers the introductory provisions which provided the definition of contract, fundamental principles of contract law, and the classification of contracts. The primary focus of the reforms is codifying established principles and improving clarity, certainty, and predictability. Mutual assent plays a significant role in the formation of a contract. Additionally, the Introductory Provisions lists the French contract law’s vital principles such as freedom of contract, the binding force of the contract, and good faith. The reforms provided formal recognition to several classes of contract that did not appear in the 1804 Civil Code but were recognised by court and commentators over time.
The Validity of the Contract
Authors: Rowan Solène
Published: October 2022

This chapter expounds on the validity of the contract. According to the Civil Code’s 1128 article, three conditions are required for a contract to be considered valid. The conditions are as such: the genuine and free consent of the parties, the parties’ capacity to enter the contract, and the lawful and certain content of the contract. Non-fulfilment of the requirements are mostly defects such as duress, fraud, mistakes, party consent, illegality, and uncertainty to the contract’s contents. Additionally, the 2016 reforms primarily codified established principles to improve clarity, certainty, and predictability. Reformed articles showcase notable features such as defects in consent, mistake, and fraudulent non-disclosure.
The Interpretation and Supplementation of Contracts
Authors: Rowan Solène
Published: October 2022

This chapter discusses the explanatory interpretation and creative interpretation of the French contract law. It also recognizes that both types of interpretation were subject to reform revisions. The reforms of explanatory interpretation mostly revolve around the dichotomy between the subjective and objective approaches, the power of Cour de cassation, and the application of contra proferentem rule. Additionally, the 2016 reforms introduced an express provision on dénaturation, which is the power of the Cour de cassation to review on appeal if a contract had a distorted interpretation. On the other hand, creative interpretation involves the broader process of interpreting the contract to ascertain the common subjective intention of the parties.
The Effect of the Contract on Third Parties
Authors: Rowan Solène
Published: October 2022

This chapter tackles the impact of contracts on third parties. According to the Civil Code’s starting principle, only the contracted parties can benefit from and be bound by its terms. However, third parties not tied to a contract can ignore it as they have an obligation under article 1200. Moreover, revocation of benefits will only be effective as soon as the beneficiary or the promisor becomes aware of it. The direct action in payment is also a mechanism allowing the third party who owed money to bring a debt claim against the debtor. Then, the action oblique enables a third party to claim against their debtor to enforce their rights.
Remedies for Breach of Contract
Authors: Rowan Solène
Published: October 2022

This chapter explores the remedies for breach of contract according to article 1217 of the Civil Code. It also clarifies how the remedial regime is non-hierarchical. Remedies ultimately functions to refuse, enforce, or suspend performance, reduce contract price, compensation, or terminate the contract. Additionally, the injured party should give notice to the defaulting party before claiming any remedy. The chapter discusses exception d’Inexécution, wherein the injured party could withhold performance when the other party fails to execute their obligations. Moreover, exception d’Inexécution could be invoked when the counterpart failed to perform any obligation and the breach must be sufficiently serious.
A Non-musical Prelude
Authors: Freeden Michael
Published: October 2022

The prelude offers a case study as an introduction to the diverse layers of silence through the film artistry of Tacita Dean, alongside John Cage’s 4’33” silent composition for piano and Merce Cunningham’s motionless marking of that exact time. Silence, as well as stillness, are embedded in interwoven performances refining our understandings of sound and movement. Audience response can be decoded as a series of reactions to silence as absence or as tranquillity, replete with some of the ubiquitous characteristics of the political—mostly concealed from the participants but discernible to the student of politics. They include the multiple asymmetric confrontations of individual versus group; the fragility, unpredictability, and reversibility of power relations; the manipulation of conduct and reaction; the confounded and blocked anticipation of action and event; the disruption of order, instantly replaced with alternative socio-cultural patterns of variable durability; the depiction of social activity as disaggregated rather than holistic; the drawing of performative boundaries that fluctuate between fixity and permeability, whether physical or cultural; and the dictating of strict instructions to the managers of the concert hall, to the simulating pianist, and to the inactive choreographer.
Layers of Silence
Authors: Freeden Michael
Published: October 2022

Politically meaningful silences are normal and ubiquitous—an inseparable part of language and emotions. Silence is a practice that is integral to human communication and expression. Decoding and interpreting its patterns deserve their due. Some patterns are discernible in human conduct and discourses; but others—unintentional, unpremeditated, and often imperceptible forms of silence—require detection and extraction as significant aspects of political thinking. An important distinction is that between silenced voices and silenced silences. Silenced or inaudible voices may be those of women, ethnic groups, or cultural outsiders. Concealed silences may be lost, or buried under subsequent and competing voices, and evidence of them blocked by epistemological constraints on what can be known in a given culture at a stated time-span, thus also undetectable to the scholar. But they affect the political balance of a society at a given moment and over time. They may be the product not of identifiable agency but of convention or cultural displacement. Such silences obscure voices that are ignored, unnoticed, untheorized, covered up. It is often baffling for political theorists—trained in the purposely verbal and the articulate—to cultivate epistemic expectations that could recognize silences as absences, lacks, or removals.
Superimposed and Invented Voice
Authors: Freeden Michael
Published: October 2022

A common category of silence involves a superimposition of voice, whose effect is to crowd out other existing voices, who then become unheard. Complementing that practice is the invention of non-existing voices to fill unpopulated spaces. Bourdieu sees that as a competition over the monopoly of the right to speak in the name of silent groups. Deliberate silencing can morph into future unknowability, a silenced silence without trace. Spivak distinguishes between standing in for a group and representing it. Even representation is susceptible to eliminating, forgetting, or ignoring sections of a population. Superimposing voice asserts its own monopoly over public discourse, or blocks out previous voices, or curtails prospective voices, thus stifling innovation. Inventing voice typically involves speaking in the name of two vast silent and non-existing groups—the dead and the not-yet born. Ordinary language reinforces such monopolizations through debate-eliminating expressions such as ‘needless to say’, ‘taken as read’, and ‘the facts speak for themselves’.
The Socio-cultural Filters of Silences
Authors: Freeden Michael
Published: October 2022

Silence is subject to culturally specific social practices that encourage it or covertly override speech. For example, Buddhism’s emphasis on the ineffable repudiates the duality of speech and non-speech by extolling emptiness, ambiguity, and meaning beyond language as the path to enlightenment. Individualism, the transmission of spiritual values, and the ontological challenging of boundaries are its political dimensions. In other forms of social activity, practices of silence are embedded in boundary crossing between worship and the secular. The seven modalities of Chapter 7 are revisited in social contexts concerning taboos; the inherent suspicion of silences; linguistic evasion and euphemisms; the unnoticeability of minorities; and the cultural propensity to conversational silences. Silence is infused with strong social rationales that associate it with the distribution of significance to certain groups or segments above others. In theatre, the speech–silence balance can be nuanced, expressing contingency and bewilderment as underlying aspects of social life alongside the disarray that incapacitates purposive action. ‘Pinteresque’ silences, both acoustic and metaphysical, are dual: one when no word is spoken; the other when a torrent of language is being employed. Finally, ostracism is an inverted mode of silence, not imposing silence on another, but practising silence against another, reducing the target to unhearability.
Introduction
Authors: Michelson David A.
Published: October 2022

This chapter proceeds in two parts, posing questions for the study of reading followed by an outline of the book. The first half of the chapter draws on the work of Robert Darnton and Roger Chartier to frame the key questions about Syriac contemplative readers which guide the book as a whole. The second half of the chapter provides a summary of the other chapters of the book. The main questions which drive this book are: What were the intellectual roots of contemplative reading as practiced in the Church of the East? What ascetic disciplines and theologies provided the ideals and assumptions underlying Syriac contemplative reading? How was contemplative reading learned and taught in East Syrian monastic communities of the sixth and seventh centuries? Who are notable examples of Syriac contemplative readers in the Church of the East “who have left a record of their reading”? How was the relationship of the reader and text perceived by Syriac readers? What was the goal of contemplative reading? Finally, what can surviving physical evidence from manuscripts or textual layout reveal about how Syriac contemplative readers used their books? Out of necessity, these questions adopt a working definition of “reading” as “encounter with texts”. This definition is merely a starting point; the questions themselves are designed to circle ever closer to a contextual definition of reading specific to the traditions of East Syrian asceticism.
The Epistemology of Reasons for Love
Authors: Naar Hichem
Published: October 2022

A defense of a certain class of reasons is incomplete without an account of how we could possess them, where possession is a matter of standing in a certain epistemic relation with the reasons in question. An epistemology of reasons for love is also needed to avoid a problem—the selectivity problem—facing the Quality Theory in all its forms. This chapter provides an initial discussion of the epistemology of reasons for love. It first argues that the epistemic connection needed is of a perceptual or quasi-perceptual sort. Only if we accept a view like this, indeed, can we preserve the selectivity of love. The chapter then criticizes the claim that love itself provides access to the reasons that favor it. Finally, two epistemological accounts are outlined, both of which constitute promising avenues for future research.
Acquittal vs Conviction
Authors: Picinali Federico
Published: October 2022

This chapter lays the foundations for the decision-theoretic case for intermediate criminal verdicts advanced in the following chapter. The focus is on the decision problem of adjudication in a binary verdict system. Given decision theory’s insistence on the maximisation of expected value, it is often understood as a decision-making tool for the consequentialist only. After arguing that theories of punishment should be concerned with the decision problem of adjudication, and should include an account of the standard of proof, the chapter shows that in this decision problem both consequentialists and deontologists about punishment can rely on decision theory without relinquishing any tenets of their respective theory of punishment. The upshot is that both consequentialists and deontologists about punishment can – indeed, should – understand the standard of proof as a decision rule for the maximisation of expected value, that is, as a decision-theoretic standard of proof; and that the forthcoming decision-theoretic case for intermediate criminal verdicts is viable under both consequentialist and deontological theories of punishment.
Procedural Requirements for Administrative Limits to Property Rights in Belgium
Authors: Renders David , Ceci Luca , Delforge Caroline , Polet Kevin
Published: October 2022

This chapter describes the procedural requirements for administrative limits to property rights in Belgium, focusing on expropriation. Expropriation law is organised within the Belgian State—a federal state—by the federal authority, the regions and the communities. Expropriation is a three-step procedure where: (i) the legislative power must establish the cases in which public authorities are entitled to resort to expropriation; (ii) the executive power must give a public authority specific and concrete authorisation to expropriate a given piece of land for a given purpose; and (iii) the public authority implements this authorisation. Expropriation requires a 'public purpose' and a 'fair compensation paid beforehand'. In practice, amicable agreements are usually reached to allow the public authority to carry out an expropriation but if not, the public authority is then obliged to submit a request for expropriation to a court. The court will assess the legality of the expropriation authorisation and grant—or not—the forced transfer of property, by ordering the award of fair compensation beforehand. In Belgium, expropriation has a strong connection with land use planning, as it can serve as a land policy instrument for planning, but it can be used in many other circumstances.
Procedural Requirements for Administrative Limits to Property Rights in Spain
Authors: Jiménez Luis Arroyo , Fernández-Bermejo Dolores Utrilla
Published: October 2022

This chapter explores the analytical and constitutional foundations of administrative limits to property under Spanish public law. First, it describes both the substantive constitutional provisions regarding expropriation, nationalisation, and regulation of private property, as well as the case law of the Constitutional Court on these provisions. Secondly, the chapter focuses on the distribution of competences between the different levels of government in view of expropriation and regulation of property rights. Next, it deals with the regulation of administrative procedure for taking these decisions. Finally, the chapter describes the various remedies provided for by the law to protect private property from administrative measures.
Procedural Requirements for Administrative Limits to Property Rights in Ukraine
Authors: Dovhan Halyna
Published: October 2022

The contribution gives an overview of the procedural requirements for administrative limits to property rights in Ukranie. The chapter explores the analytical and constitutional foundations of administrative limits to property under Ukranian public law, where the expression 'land expropriation' is not used. Ukrainian legislation, instead refers to 'forced alienation for the purpose of public necessity'. The chapter first examines the general principles concerning limitations to property rights included in the Ukranian Constitution, as well as the legal provisions by the Civil Code, then explores the legal procedures according to which restrictions or deprivations to property rights are permissible as well as the distribution of competences.
Concluding Remarks on the Unity of the Liberal World as Regards State Regulation of Property
Authors: Perroud Thomas
Published: October 2022

The cases studied in the book demonstrate that, despite the historical and cultural differences among the countries examined, there is a common moral and political substrate in the theme of takings. The idea that administrative law should protect citizens against state encroachments on private property is present everywhere. The requirements for takings is common: the administration must show it serves a public interest and the operation must be compensated. However, there are some degrees of variations in the procedure between countries.
Interlocking Rights, Layered Protections
Authors: Shue Henry
Published: October 2022

This chapter explores some aspects of Kimberley Brownlee’s arguments for a right against social deprivation, the author Henry Shue’s own arguments for subsistence rights and other basic rights, Elizabeth Ashford’s development and refinement of one of Shue’s arguments, and David Luban’s analysis of the concept of a right. The purpose is to distinguish different variants of partly similar arguments and to sketch a typology of converging but separable linkage arguments that can be offered for social rights, among others. It concludes that the good of developing social abilities through social contact and the good of maintaining those social abilities through social contact are each vital interests as fundamental as a human interest can be. In effect, they are interests in becoming and remaining human, and therefore they deserve the protection accorded to basic rights.
A Human Right to Relationships?
Authors: Collins Stephanie
Published: October 2022

This chapter asks whether there is a human right to close personal relationships. It begins by providing a prima facie argument in favour of such a right: humans’ interests in close personal relationships are important, universal, and fundamental. It then explains that there are problems with the distribution, demandingness, and motivation of the correlative duties. The result is that each individual bears a human right only to ‘intimacy consideration’, not to close personal relationships themselves. The chapter then argues that things are different if we conceptualize the right as belonging to groups, rather than to individuals. It is argued that groups of co-intimates have rights that others respect, protect, and promote the group’s intimacy. The duties correlative to such group-held rights do not face the problems of distribution, demandingness, and motivation that plague the individually-held right. Group-held rights in this arena are an important moral and political tool.
Do Older People Have a Right to Be Loved?
Authors: Liao S. Matthew
Published: October 2022

The population of older adults is growing. Worldwide, the number of persons aged 80 years or over is expected to rise from 137 million to 425 million between 2017 and 2050. As people become older, many live alone and are therefore at increased risk of being socially and emotionally isolated, which is associated with a wide range of adverse health effects including dementia and increased mortality. At the same time, research shows that older persons benefit mentally and physically from feeling socially and emotionally connected. This raises the question of whether older persons need emotional connections and whether they have a right to such emotional connections, that is, whether they have a right to be loved. Elsewhere, S. Matthew Liao has argued that children have a right to be loved. In this chapter, his goal is to explore whether we can make a similar argument for older adults.
The (Social) Right to the City
Authors: Jenkins David
Published: October 2022

More than half the world’s population now lives in cities. But cities are often places characterized by anomie, loneliness, and mutual indifference. This chapter uses the idea of a right to the city to critically examine the effects of urban living on different people’s abilities to meet their social needs. Dividing the relevant potential rights-holders into three categories—those who produce, those who use, and those who need the city—the chapter identifies the ways in which housing, transport infrastructure, public space, and social policy can be organized and developed to be capable of satisfying the specifically social needs of those who live—or might wish to live—in cities.
Liquidity and Exchange Rates: An Empirical Investigation
Authors: Engel Charles , Wu Steve Pak Yeung
Published: October 2022

We find strong empirical evidence that the liquidity yield on government bonds in combination with standard economic fundamentals can well account for nominal exchange rate movements. We find impressive evidence that changes in the liquidity yield are significant in explaining exchange rate changes for all the G10 countries, and we stress that the US dollar is not special in this relationship. We show how these relationships arise out of a canonical two-country New Keynesian model with liquidity returns. Additionally, we find a role for sovereign default risk and currency swap market frictions.
ESTIMATION OF PERSONAL DOSE EQUIVALENT HP(0.07) USING CASO4:DY TEFLON DISC-BASED EXTREMITY DOSEMETER
Authors: Bhattacharya Madhumita , Samuel Kasthuri , Patil Sandeep , Yadav Rohit , Bakshi A K , Singh Sunil K , Sapra B K
Published: October 2022

The radiation workers in India use extremity dosemeter in occupational areas where there is likelihood of receiving significant dose to extremities of the body. Algorithm used for the estimation of whole body dose and extremity dose of wrist are same and is based on slab phantom calibration. However, internationally, different phantoms are recommended for calibration of dosemeter used for extremity and whole body. The recommended quantity for estimation of dose to extremity is the personal dose equivalent Hp(0.07) at 0.07 mm depth. In light of this, an algorithm was developed for estimation of wrist dose in terms of Hp(0.07) based on calibration performed on ISO recommended pillar phantom. Performance of the dosemeter for the estimation of Hp(0.07) with new algorithm was carried out at different angular exposures of photon beams and mixed field of photon and beta. Comparison of results obtained for two types of ISO phantoms (slab and pillar) is also performed for photon beams to highlight the uncertainty caused due to the use of the slab phantom. In case of beta radiation, it was found that the size and shape of the phantom has very little influence in the response of the dosemeter. Performance of the dosemeter using ISO slab and ISO pillar phantoms for beta radiation using the prevalent algorithm was carried out and found to be within the uncertainty limits laid down by ISO except at angle 60°.
Disentangling the Relationships Between the Clinical Symptoms of Schizophrenia Spectrum Disorders and Theory of Mind: A Meta-analysis
Authors: Thibaudeau Elisabeth , Rae Jesse , Raucher-Chéné Delphine , Bougeard Alan , Lepage Martin
Published: October 2022

Background and Hypothesis

Previous studies have suggested links between clinical symptoms and theory of mind (ToM) impairments in schizophrenia spectrum disorders (SSD), but it remains unclear whether some symptoms are more strongly linked to ToM than others.

Study Design

A meta-analysis (Prospero; CRD42021259723) was conducted to quantify and compare the strength of the associations between ToM and the clinical symptoms of SSD (Positive, Negative, Cognitive/Disorganization, Depression/Anxiety, Excitability/Hostility). Studies (N = 130, 137 samples) including people with SSD and reporting a correlation between clinical symptoms and ToM were retrieved from Pubmed, PsycNet, Embase, Cochrane Library, Science Direct, Proquest, WorldCat, and Open Gray. Correlations for each dimension and each symptom were entered into a random-effect model using a Fisher’s r-to-z transformation and were compared using focused-tests. Publication bias was assessed with the Rosenthal failsafe and by inspecting the funnel plot and the standardized residual histogram.

Study Results

The Cognitive/Disorganization (Zr = 0.28) and Negative (Zr = 0.24) dimensions revealed a small to moderate association with ToM, which was significantly stronger than the other dimensions. Within the Cognitive/Disorganization dimension, Difficulty in abstract thinking (Zr = 0.36) and Conceptual disorganization (Zr = 0.39) showed the strongest associations with ToM. The association with the Positive dimension (Zr = 0.16) was small and significantly stronger than the relationship with Depression/Anxiety (Zr = 0.09). Stronger associations were observed between ToM and clinical symptoms in younger patients, those with an earlier age at onset of illness and for tasks assessing a combination of different mental states.

Conclusions

The relationships between Cognitive/Disorganization, Negative symptoms, and ToM should be considered in treating individuals with SSD.
The Promise and Limitations of Information Technology for Tax Mobilization
Authors: Okunogbe Oyebola , Santoro Fabrizio
Published: October 2022

Tax revenue in many low- and middle-income countries is inadequate for funding investments in public goods and human capital. With high levels of informality and limited state capacity, many tax authorities have difficulty determining the true tax base and collecting taxes efficiently and equitably. Tax authorities are increasingly adopting new technologies to improve administrative processes, reduce taxpayer compliance costs, and enhance their overall effectiveness. This paper reviews the recent literature on the use of technology for tax administration. It highlights the potential of technology to improve tax collection by helping to identify the tax base, monitor compliance, and facilitate compliance. It also identifies possible limitations to the use of technology arising from inadequate infrastructure and connectivity, lack of adoption or resistance by taxpayers and tax collectors, lack of institutional mainstreaming, and an unsupportive regulatory environment.