bluuebunny/crossref_metadata_2025 huggingface dataset:
Three Long and Costly Wars
Authors: Lebovic James H.
Published: April 2019

The US wars in Vietnam, Iraq, and Afghanistan display a biased decisional pattern rooted in the non-rational tendencies of a “means-driven” process. Critical lessons from these three long wars emerge from examining decision-making in the four stages of these conflicts. Policy makers must recognize benefits in contingency plans, continuous assessment, and comprehensive policy evaluation. At the same time, they must acknowledge potential dangers in precipitous intervention; illusionary consensus; ad hoc argumentation, temporizing, and non-decisions; a lack of military preparedness; overconfidence about likely mission success; deference to costs in policymaking; and plans that can assume a life of their own.
Introduction
Authors: Orenstein Mitchell A.
Published: April 2019

This introductory chapter outlines the core argument of the book: that as Russia ramped up its hybrid war on the West starting around 2007, politics in Western countries has become more similar to politics in the vulnerable “lands in between.” Russia’s hybrid war on the West has contributed to political polarization by promoting extremist parties and creating a sense that every election presents voters with a “civilizational choice” between Russia and the West or authoritarianism and democracy. Paradoxically, many of the leaders that rise to the top in these conditions are those who find ways to profit from both sides. They benefit from the sponsorship of pro-Russia and pro-Western interests to enrich themselves in the process. The plan of this book is simple. It starts with exploring the nature of Russia’s hybrid war on the West and the West’s delayed response. Then it shows how this conflict shapes the politics of the lands in between, Central and Eastern European member states of the European Union, and core Western countries.
Russia’s Hybrid War on the West
Authors: Orenstein Mitchell A.
Published: April 2019

Russia’s hybrid war on the West started in 2007, but was only widely recognized in the West after President Putin’s return to the presidency of Russia in 2012, Russia’s invasion of Crimea in 2014, and its meddling in the US presidential election campaign in 2016. For five years, Western leaders failed to recognize or to believe that Russia was engaged in an all-out struggle to undermine Western institutions through funding extremist, anti-EU, and anti-NATO political parties, spreading disinformation and propaganda, hacking and releasing information, and using a wide variety of covert means to influence elections and undermine democratic governance. Since the very existence of this hybrid war has been questioned and politicized, this chapter lays out the basics and addresses the question of what led Russia to launch its hybrid war on the West.
The Awakening and Preaching
Authors: Kloes Andrew
Published: April 2019

This chapter examines how many early nineteenth-century German Protestant clergy assumed that the gospel had become either neglected, forgotten, or misunderstood by most of the members of their churches. Their convictions regarding such a supposed state of Protestant religious life prompted a distinctive type of preaching. The form and contents of their messages were intended to “awaken” those who heard it to faith in Christ, repentance of sins, and a life of Christian obedience. The preachers of the religious awakening were generally characterized by an irenic ecumenical disposition. This was born out of their fears that the essence of Christian faith was in danger of being lost and, thus, that it was important for them to cooperate with generally like-minded believers from other church traditions. The unusual degree of popular resonance with which certain local pastors’ sermons were received transformed them into well-known regional religious leaders.
Conclusion
Authors: Kloes Andrew
Published: April 2019

This chapter concludes the book by discussing how the Awakening movement may be conceptualized in five ways. The Awakening was orthodox. It was a response against certain doctrinal and theological developments that had appeared within the Protestant churches during the religious Enlightenment. The Awakening was pietistic. It sought to reform the Protestant churches of Germany through the spiritual revival of their constituent members. The Awakening was ecumenical. Lutherans and the German Reformed worked together with like-minded Catholics, who shared their conviction that the basic Christian message had become corrupted, forgotten, or ignored in many places in Germany. The Awakening was international. Awakened Protestants in Germany and evangelicals in Britain exercised influence upon each other through the exchange of models for new religious initiatives and works of academic theology. The Awakening was modern. The Enlightenment brought new civic freedoms to Germany, which enabled awakened Protestants to pursue their religious goals.
Dispelling Illusions of Rigor
Authors: Friedman Jeffrey A.
Published: April 2019

This chapter explores the psychology of assessing uncertainty in international politics. It presents a series of survey experiments that test important concerns about the extent to which transparent probabilistic reasoning could potentially warp the quality of foreign policy analysis and decision making. The most important of these concerns is the idea that clear assessments of uncertainty create illusions of rigor that make leaders insensitive to risk. Contrary to this assertion, the chapter’s experimental evidence suggests that decision makers’ choices are sensitive to subtle variations in probabilistic reasoning, and that making this reasoning more transparent encourages decision makers to be more cautious when placing lives and resources at risk. These experiments involve hundreds of real national security professionals and thousands of non-elite respondents.
The Politics of Uncertainty and Blame
Authors: Friedman Jeffrey A.
Published: April 2019

This chapter explores the politics of assessing uncertainty in international affairs, particularly the notion that clear probability assessments expose foreign policy analysts to excessive criticism. Although this idea is widespread among scholars and practitioners of international relations, there is just as much reason to believe that the opposite is true. If foreign policy discourse is truly as polarized as the conventional wisdom suggests, then leaving key judgments vague could actually increase blame exposure by giving critics the opportunity to make ambiguous statements seem more mistaken than they really are. The chapter supports this claim by combing experimental evidence in a historical review of perceived intelligence failures such as the Bay of Pigs invasion, the Yom Kippur War, and assessments of Iraq’s weapons of mass destruction programs.
Introduction
Authors: Alexander Robert M.
Published: April 2019

This chapter examines common arguments surrounding the Electoral College. Many of these arguments were present with the 2016 presidential election. The election marked the sixth time the popular vote winner did not win the Electoral College vote. It also witnessed the largest number of faithless votes for president in history. Lastly, it marked the second time in the last three elections that a state split its electoral vote total. Each represents a common criticism of the institution. Proponents of the body suggested the institution worked as it should—especially in regard to protecting the interests of less populated states and supporting the two-party system. All arguments over the Electoral College ultimately relate to issues over representation. The chapter concludes by examining historical controversies relating to the Electoral College and several reform efforts aimed at the body.
Presidential Electors as Agents of Representation
Authors: Alexander Robert M.
Published: April 2019

This chapter examines the office and evolution of presidential electors. It also provides an in-depth examination of those who have served as electors over the past two decades. The office changed considerably from its original conception to its current practice. Originally, it was expected that electors would select the president and vice president through debate and their own discernment. The emergence of political parties and the adoption of the winner-take-all system rendered this conception of electors as obsolete. Electors have come to be chosen not for their judgment but for their loyalty. To this point, electors who fail to vote as expected are deemed to be “faithless.” Although expectations of the office have changed, the Constitution has not, and electors continue to hold discretion. Surveys of electors reveal that many consider joining the ranks of the faithless and are often lobbied to do so.
Alexander Hamilton and the 2016 Election
Authors: Alexander Robert M.
Published: April 2019

This chapter examines the 2016 election through the lens of the Electoral College. The election represents the sixth time the popular vote winner did not win the Electoral College vote. It also represents the most faithless votes cast for president in any presidential election, and it is the second time in the past three elections that a state split its electoral vote between presidential candidates. Particular attention is devoted to the so-called Hamilton elector movement that aimed to have electors select an alternative candidate to Donald Trump or Hillary Clinton. A survey of the 2016 Electoral College reveals that a record number of electors considered voting contrary to expectations, and most all electors were lobbied to do so. Electoral College lobbyists consisted of citizens throughout the country and members of the body itself. Reservations over elector discretion draws attention to the differences between the original Electoral College and the evolved body.
Morality and the Nature of Law
Authors: Himma Kenneth Einar
Published: April 2019

This book is concerned with explicating the conceptual relationships between law and morality. In particular, it explores the conceptual relationship between morality and the criteria that determine what counts as law in a given society (i.e. the criteria of legal validity). Is it a necessary condition for the existence of a legal system that it includes moral criteria of legal validity? Is it even possible for a legal system to have moral criteria of legal validity? The book considers the views of natural law theorists ranging from Blackstone to Dworkin and rejects them, arguing that it is not conceptually necessary that the criteria of legal validity include moral norms. Further, it rejects the exclusive positivist view, arguing instead that it is conceptually possible for the criteria of validity to include moral norms. In the process of considering such questions, this book considers Joseph Raz’s views concerning the nature of authority and Scott Shapiro’s views about the guidance function of law, which have been thought to repudiate the conceptual possibility of moral criteria of legal validity. The book, then, articulates a thought experiment that shows that it is possible for a legal system to have such criteria and concludes with a chapter that argues that any legal system, like that of the United States, which affords final authority over the content of the law to judges who are fallible with respect to the requirements of morality is a legal system with purely source-based criteria of validity.
Legal Positivism and the Possibility of Moral Criteria of Validity
Authors: Himma Kenneth Einar
Published: April 2019

This chapter provides an overview of the theses associated with the various forms of legal positivism. It begins with a discussion of the assumption that legal norms and systems have certain properties that distinguish them from other norms and systems that purport to govern or regulate the behavior of subjects. The chapter continues with a description of the core theses of legal positivism. These theses are intended to identify the conceptually necessary properties that constitute something as law and distinguish things that count as law from things that do not count as law. Finally, this chapter closes with an explication of inclusive and exclusive positivism.
Making Strategy
Authors: Whittington Richard
Published: April 2019

This chapter introduces the theoretical framework for Opening Strategy. The book builds particularly on the practice theories of Anthony Giddens and Alasdair MacIntyre. Giddens identifies the mechanisms of practice change in the levering of structural conditions; MacIntyre locates the motivations for change in both instrumentalism and idealism. This chapter constructs from Giddens and MacIntyre a 4P model of Strategy-as-Practice, in which praxis, practices, practitioners, and profession are all important for change in Strategy’s macro practices. The Strategy profession is structurally exposed to organizational, cultural, and technological forces for practice change. Its structural characteristics of precariousness and permeability influence the way in which change comes about. Ultimately, however, it is strategy consultants and corporate strategists who enact new practices on the ground. Practice change is produced by the agency of individuals and small groups negotiating structural opportunities and constraints according to principles that are both instrumental and idealistic.
Islamic Alexanders in Southeast Asia
Authors: Ng Su Fang
Published: April 2019

This chapter explores the ways in which Malay Alexander romances redeploy a medieval discourse of holy war to frame contemporary conflicts. The discussion focuses on the Malay Alexander Romance, Hikayat Iskandar Zulkarnain (Romance of Alexander the Two-Horned), which features a universal sovereign who united East and West. The chapter reads Hikayat Iskandar Zulkarnain in the context of the Portuguese conquest of Melaka and considers how it represents global Islam—and its dominant theme of strangers converted to kin. It also examines how a religious empire is gained by technology in the novel, along with the text’s moral critiques of empire. Finally, it analyses the chronicle of Melaka, Sejarah Melayu (Malay Annals), its emphasis on the assimilability of outsiders in translatio imperii, its appropriation of Alexander the Great, and how it defines empire as translated from elsewhere by Alexandrian figures embodying “stranger sovereignty.”
Milton, Alexander’s Pirate, and Merchant Empires in the East
Authors: Ng Su Fang
Published: April 2019

This chapter examines John Milton’s allusions to Alexander the Great in Paradise Lost, with particular emphasis on his critique of the Dutch East Indies Empire and their English imitators. It considers how Alexander figures mercantile heroism in the age of commerce by focusing on the ways in which Paradise Lost responds to the global spice trade from both sides of the Euro-Asian encounter. The chapter analyzes Milton’s dual characterization of Satan in Paradise Lost as emperor and merchant as well as his depiction of both God and Satan as monarchs. These divergent characterizations of Satan as merchant and as king may be reconciled by recognizing Milton’s allusion to Augustine’s anecdote about the pirate’s critique of Alexander as a tyrant. The chapter also explores colonialism in Paradise Lost, Asia as a significant context for intra-European relations, and Milton’s concern with issues of sovereignty in the East Indies trade.
Contract Law Without Foundations
Authors: Saprai Prince
Published: April 2019

In recent times, the philosophy of contract law has been dominated by the ‘promise theory’, according to which the morality of promise provides a ‘blueprint’ for the structure, shape, and content that contract law rules and doctrines should take. The promise theory is an example of what this book calls a ‘foundationalist’ theory of an area of law, according to which areas of law reflect or are underlain by particular moral principles or sets of such principles. The book argues that the promise theory is false, by considering contract law from the point of view of its theory, rules, and doctrines and broader political context. The book claims that ‘top-down’ theories of contract law such as the promise theory and its bitter rival the economic analysis of law seriously mishandle legal doctrine by ignoring or underplaying the irreducible plurality of values that shape contract law. The book defends the role of this multiplicity of values in forging contract doctrine, by developing from the ‘ground-up’ a radical and distinctly republican reinterpretation of the field.
Introduction
Authors: Saprai Prince
Published: April 2019

This chapter introduces the dominant philosophical account of contract law: the ‘promise theory’. According to the promise theory, promise plays a ‘foundational’ or special normative role in the justification of contract law rules and doctrines. This chapter explains that the book’s purpose is to debunk the promise theory and its foundationalist assumptions. It provides an overview of the main argument of the book, which relies on showing that the promise theory obscures or underplays the role that other values and normative concerns have in shaping contract law rules and doctrines. Contract law is the product of ‘normative pluralism’, and this chapter explains how that theme is approached in the book in the following three interrelated contexts: contract theory, legal doctrine, and transnational trends toward the harmonization of contract law. The central claim of the book is introduced as a plea to move away from a ‘top-down’ theory of contract law such as the promise theory and toward a distinctly republican or ‘bottom-up’ approach to contract law that focuses on justifying the legal rules and doctrines we find in particular jurisdictions at particular times.
Foundationalism and the Promise Theory
Authors: Saprai Prince
Published: April 2019

This chapter defines the book’s main target: the ‘promise theory’ of contract law. It claims that the promise theory is a ‘foundationalist’ theory of contract law, according to which the promise principle plays a special normative role in justifying contract law rules and doctrines. What exactly this special role is has been left obscure in the literature. This chapter offers three plausible interpretations. First, there is ‘justificatory necessity’ or the idea that promise plays an essential or necessary role in the justification of each and every contract law rule or doctrine. Second, there is ‘justificatory primacy’, according to which the promise principle overrides or defeats all other principles in cases of conflict. And, finally, there is ‘justificatory presumptiveness’, according to which there is an epistemic presumption that when contract law diverges from promise it is prima facie unjustified.
Republican Contract Law
Authors: Saprai Prince
Published: April 2019

This chapter distinguishes two accounts of how and why areas of law are individuated. The first view, ‘conventionalism’, says that individuation serves epistemic ends. Conventionalists claim that legal officials carve up areas of law to promote the rule of law by making it more digestible, easier to follow, handle, and so on. In contrast, the second view, ‘foundationalism’, is a metaphysical interpretation of the practice. Foundationalists claim that individuation is part of the very fabric of law. On this view, areas of law track basic moral principles or categories, such as promise, corrective justice, and so on, which shape and structure legal norms. Having claimed in Chapter 3 that foundationalism—in the guise of the ‘promise theory’—fails as an account of contract law, this chapter argues that conventionalism is not the only alternative. Instead, a third possibility—‘republicanism’—is explored, which the chapter calls ‘republicanism’. Ronald Dworkin argued that legal categories are connected with ‘positive morality’ or popular views about the moral principles, categories, and distinctions that legal categories implicate. This serves the purpose of involving ordinary citizens in legal and political decision-making about matters of principle that are usually the preserve of the courts. This reveals a very often overlooked republican strand to his legal theory, which opens the door to a ‘bottom-up’ theory of contract law more sensitive to the multiplicity of moral values and concerns that shape its rules and doctrines in particular jurisdictions and times.
The Penalties Rule and Compensation
Authors: Saprai Prince
Published: April 2019

According to the penalties rule, agreed damages clauses that grossly over-compensate the promisee for breach of contract are invalid and unenforceable. This chapter argues that the ‘promise theory’ has struggled to explain how the rule is justified, because promissory logic seems to require that such clauses be enforced. It is only by rejecting the idea that promise plays a special role in contract law that an explanation comes into view. The penalties rule, like undue influence, is a ‘composite’ doctrine, that is, it involves and is justified by the interaction of a multiplicity of moral concerns. The main normative concerns in this context are promise and the compensation principle. This combination explains puzzles such as why penalty clauses are not enforced but, in contrast, liquidated damages clauses are, and why breach of contract is a condition for the application of the penalties jurisdiction.
Contract Law Beyond the State
Authors: Saprai Prince
Published: April 2019

This chapter reflects on the increasing emergence of transnational efforts at both the global and regional level to bring about the greater convergence of national contract law regimes. The divergences between contract law regimes are seen as major obstacles to free trade, and removing these barriers is the primary motivation behind these initiatives. This chapter argues, using European Union (‘EU’) efforts to harmonize contract law in Europe as an illustration, that such efforts face a significant legitimacy burden, because on the republican view of contract law the principle of state sovereignty protects the freedom of states to interpret and balance the values that shape contract law in ways that reflect local needs, beliefs, customs, and so forth. That freedom protects the right to self-determination and is both constitutive and expressive of the political communities that nation states embody and represent. In the European context, there is no similar political community that legitimates the EU’s efforts to bring about the harmonization of the general law of contract. Furthermore, even if the issue of legitimacy could be overcome, it’s unclear that harmonization in the European context could be justified. The economic case made by the European Commission for convergence is based on questionable empirical assumptions, and attempts to bring about convergence face serious efficacy constraints due to the fact of ‘normative pluralism’.
Language and writing among the Lusitanians
Authors: Luján E. R.
Published: April 2019

The number of inscriptions written totally or partially in Lusitanian is limited: only six or seven with Lusitanian vocabulary and/or grammatical words, usually dated to the first two centuries CE. All are written in the Latin alphabet, and most are bilingual, displaying code-switching between Latin and Lusitanian. There are also many deity names in Latin inscriptions. The chapter summarizes Lusitanian phonology, morphology, and syntax, though entire categories are not attested at all. Scholarly debate about the classification of Lusitanian has focused on whether it should be considered a Celtic language. The chapter reviews the main issues, such as the fate of Indo-European */p/ or the outcome of voiced aspirate stops. The prevailing opinion is that Lusitanian was not Celtic. It must have diverged from western Indo-European dialects before the kernel of what would evolve into the Celtic and Italic families had been constituted. An appendix provides the text of extant Lusitanian inscriptions and representative Latin inscriptions displaying Lusitanian deity names and/or their epithets.
Comparative Law
Authors: Kischel Uwe
Published: April 2019

This translation of Rechtsvergleichung offers a critical introduction to the central tenets of comparative legal scholarship. The first part of the book is dedicated to general aspects of comparative law. The controversial question of methods, in particular, is addressed by explaining and discussing different approaches, and by developing a contextual approach that seeks to engage with real-world issues and give a practitioner’s angle on contemporary comparative legal scholarship. The second part of the book offers a detailed treatment of the major legal contexts across the globe, including common law, civil law systems (based on Germany and France as well as case studies of Eastern Europe, Scandinavia, and Latin America, among others), the African context (with an emphasis on customary law), Asian jurisdictions, Islamic law and law in Islamic countries (plus a brief treatment of Jewish law and canon law), and transnational contexts (public international law, European Union law, and lex mercatoria). The book offers a coherent treatment of global legal systems that aims not only to describe their varying norms and legal institutions but to propose a better way of seeking to understand how the overall context of legal systems influences legal thinking and legal practice.
The Comparative Method
Authors: Kischel Uwe
Published: April 2019

This chapter examines the methods used in comparative law. Today, functional comparison is considered the classic form of comparative law. The vast majority of comparative studies follow this method and the quality of any given comparative law study is often judged according to its principles. According to Zweigert and Kötz, the fundamental principle of comparative law is functionalism, according to which only law which fulfills the same function can be compared. At its core, this straightforward approach provides an exemplary description of the essential components of any individual comparison between two developed legal systems. However, attacks on the functional method has been increasing for decades. The chapter then describes these critiques and the alternatives they propose.
Legal Families, Legal Culture, and Context
Authors: Kischel Uwe
Published: April 2019

This chapter discusses legal families, legal culture, and context. A legal family is structured genealogically, with a parent legal order and its historical offspring or siblings. There are many classification systems for legal families. Classifications of legal systems do not necessarily have to be one-dimensional, they can just as well be hierarchical. Meanwhile, the idea of legal culture has long played an important role in comparative law. However, it is heavily burdened by its origin in legal sociology. Context thus becomes the core concept not only of individual comparison, but also of overall type comparison. In an individual comparison, working with context requires taking into account the entire legal and non-legal environment in which every legal rule exists. In a type comparison, the elements of this environment are aggregated.
Variety of the Civil Law Context
Authors: Kischel Uwe
Published: April 2019

This chapter explores the variety of civil law. Civil law is not limited simply to Germany and France. However, categorizing the remaining continental European states quickly turns to be problematic and increasingly becomes difficult with more detailed examination. If one starts by looking at Western Europe countries alone, their standard classification as following either German or French legal thought is at least of some limited assistance. However, this kind of simple solution is not appropriate for Eastern Europe. Moreover, Northern European states are traditionally considered an independent group, and reveal some features which distinguish them from the overall climate of civil law legal thought. Finally, civilian legal thought does not end at the geographical borders of Europe. The law of Latin America, despite some unique features, is quite akin to that of Western Europe.
Contexts in Asia
Authors: Kischel Uwe
Published: April 2019

This chapter studies the Asian legal context. There is no single uniform context in the Asian region. Its cultural, religious, historical, and political systems are too diverse, as are the foreign and domestic influences on legal systems in the region. Nevertheless, it is possible to single out individual legal systems and groups of systems in Asia which are clearly distinguishable in their respective contexts, but which cumulatively open up the legal world that is Asia and can thus serve as a blueprint for understanding all Asian legal systems. The chapter specifically looks at the People's Republic of China and the free-market democracies in Southeast Asia. India could be regarded largely as a common law country, the chapter states. Finally, the chapter argues that Indonesia is the world's fourth largest country by population, with a culturally mixed population, a civil law influenced state legal system, a system of indigenous customary law which partially survives, and considerable Islamic influence.
The Context of Islamic Law
Authors: Kischel Uwe
Published: April 2019

This chapter describes Islamic law. Islamic law is not the law of a single state, but rather a religious law of special importance, whose prominence has increased over the last few decades. It is therefore necessary to distinguish between Islamic law and the law in states with predominantly Muslim populations. The defining characteristic of Islamic law is its religious origin and character. In contrast to all state law, it is based on a God-given text, the Koran. Thus, at its core, it is itself divine in nature, not the product of mankind. This explains its special status and claims, but also its special problem. Meanwhile, the latter body of law is geared toward classical Islamic law to widely varying extents. Islamic law is by no means the only example of religious law, but other bodies of religious law—such as Jewish or canon law—are much less significant in the current times.
Pre-Insolvency Proceedings
Authors: Tollenaar Nicolaes
Published: April 2019

This book develops a normative foundation and framework for pre-insolvency proceedings. The book features a comprehensive discussion of the key principles underlying restructuring proceedings and explains the purpose of, and justification for, pre-insolvency proceedings. It deals with all-important issues such as class composition, cross-class cramdown, and valuation. A comparative analysis and critique of UK schemes of arrangement and the US Chapter 11 procedure is also included, identifying the strengths and weaknesses of each.
Last Chance for Life: Clemency in Southeast Asian Death Penalty Cases
Authors: Pascoe Daniel
Published: April 2019

All five contemporary practitioners of the death penalty in the Association of Southeast Asian Nations (ASEAN)—Indonesia, Malaysia, Thailand, Singapore, and Vietnam—have performed executions on a regular basis over the past few decades. Amnesty International currently classifies each of these nations as death penalty ‘retentionists’. However, notwithstanding a common willingness to execute, the number of death sentences passed by courts that are reduced to a term of imprisonment, or where the prisoner is released from custody altogether, through grants of clemency by the executive branch of government varies remarkably among these neighbouring political allies. This book uncovers the patterns which explain why some countries in the region award commutations and pardons far more often than do others in death penalty cases. Over the period under analysis, from 1991 to 2016, the regional outliers were Thailand (with more than 95 per cent of condemned prisoners receiving clemency after exhausting judicial appeals) and Singapore (with less than 1 per cent of condemned prisoners receiving clemency). Malaysia, Indonesia, and Vietnam fall at various points in between these two extremes. This is the first academic study anywhere in the world to compare executive clemency across national borders using empirical methodology, the latter being a systematic collection of clemency data in multiple jurisdictions using archival and ‘elite’ interview sources. Last Chance for Life: Clemency in Southeast Asian Death Penalty Cases will prove an authoritative resource for legal practitioners, criminal justice policymakers, scholars, and activists throughout the ASEAN region and around the world.
Republic of Indonesia
Authors: Pascoe Daniel
Published: April 2019

Chapter 6’s case study on Indonesia, as with the previous three chapters, begins with a description of Indonesia’s death penalty laws, the country’s recent history of executions, and a list of publicly known clemency grants from 1991 to 2016. Thereafter, as with the previous chapter covering Malaysia, Chapter 6 lists several counterbalancing explanations for Indonesia’s ambivalent clemency practice from 1991 to 2016. Of the four jurisdictions under study, Indonesia’s clemency practice is easily the most irregular, seemingly defined more by ad hoc case-based factors and immediate political considerations than by long-term, consistent policies on particular crime and offender categories. As Chapter 6 documents in detail, the inconsistency of clemency over time and between cases is in itself the notable trend in Indonesia. Chapter 6 argues that the medium rate of clemency in Indonesia’s death penalty system is potentially explained by several theoretically informed factors: leniency exercised at earlier stages of capital cases’ progress through the criminal justice system; democratization and Indonesia’s ‘rule of law’ politics in the post-Suharto (1998–) Reformasi (reform) era; the collective pardon of the remaining 1965 ‘coup’ political prisoners by President Habibie in 1999; and finally, Indonesia’s uniquely languid clemency procedures before streamlining reforms in 2010. The first two factors serve to inhibit clemency, whereas the latter two lift Indonesia’s clemency rate to 26–33 per cent, at the very minimum.
What Accounts for Southeast Asia’s Diverse Clemency Practice?
Authors: Pascoe Daniel
Published: April 2019

Chapter 7 draws together the findings of each of the preceding four case studies to discuss common patterns and ultimately develop a three-part hypothesis to explain clemency frequency in Southeast Asian death penalty cases over the period of study. The first limb of the hypothesis suggests that jurisdictions whose police, prosecutors, and judiciary are initially able to exercise a great deal of lenient discretion in converting potential capital charges into non-capital sentences (or into acquittals) are not the kind of systems where executive clemency thrives as a remedy against unfair or excessive punishment. The second theoretically supported explanation deriving from the four jurisdictions under analysis is that unelected decision makers are more likely to grant clemency than the elected leaders of democratic or semi-democratic governments. Where unelected final decision-makers such as the king of Thailand, Indonesian presidents Suharto and Habibie, or the Malay hereditary rulers grant clemency, often to bolster their own power and legitimacy before domestic constituents and the international audience, their mass grants of commutation or pardon can greatly increase the historical clemency rate vis-à-vis executions. The third explanatory factor posits that the longer prisoners remain on death row without being executed or removed for other reasons (e.g. escape, or death by natural causes), the more likely they are to be granted clemency. Independent of the political elite’s preferences for or ambivalence over capital punishment, inefficient judicial appeal and clemency petition systems that do not resolve a prisoner’s fate for many years on death row may actually create the conditions for clemency success.
James Joyce's America
Authors: Fox Brian
Published: April 2019

James Joyce’s America is the first study to address comprehensively and integrally the nature of Joyce’s relationship with the United States. It challenges the most prevalent view of Joyce as merely indifferent or hostile towards America, arguing that his works show an increasing level of engagement with American history, culture, and politics that culminates in the abundance of allusions to the United States in Finnegans Wake, the very title of which (from an Irish-American song) signals the importance of America to that work. The focus throughout remains consistently on Joyce’s concept of America within the framework of an Irish history to which his works obsessively return. That is, Joyce’s thematic preoccupation with Ireland and its history corresponds to a formal concentration in this study on America’s relation to that specifically post-Famine history. Within that context, it explores first Joyce’s relation to Irish America and how post-Famine Irish history as Joyce saw it transformed the country from a nation of invasions and settlements to one spreading out across the globe, ultimately connecting Joyce’s response to this historical phenomenon to the diffusive styles of Finnegans Wake. This then leads into discussions on American popular and literary cultures in terms of how they appear in relation to or as a function of the British-Irish colonial context in the post-Famine era, before concluding with a consideration of how Joyce incorporated aspects of his American reception into the Wake.
American Wake
Authors: Fox Brian
Published: April 2019

This chapter focuses on Joyce and Irish America. It argues that the phenomenon of Irish emigration to the United States, particularly in the post-Famine period, transformed the culture and society of Ireland in ways in which Joyce was responsive in his writings. The chapter begins with an overview of connections between Ireland and America in the post-Famine period. It then moves on to a discussion of Joyce’s concept of that history as it is expressed in his so-called ‘Triestine writings’ (1907–12). Clear and specific allusions to Irish America are rare in Dubliners, A Portrait, and Ulysses, so the discussion jumps to Finnegans Wake and the significance of Irish America to several key features and characters in that work. It concludes with an analysis of Joyce’s correspondence in the mid-1930s with his son Giorgio as the latter pursued a music career in the United States.
Who Killed James Joyce?
Authors: Fox Brian
Published: April 2019

Chapter 4 looks at how Joyce incorporated his American reception into Finnegans Wake , with an emphasis on how the Wake represents Joyce’s attitude towards the sudden imperative between the wars to respond to his reception in America. This includes not only the banning, burning, piracy, and trials of his works in Prohibition America, but also a transatlantic print culture which saw his works as they were serialized being published almost exclusively in American-run Little Magazines aimed at American audiences. Moreover, this chapter argues that while the ‘Americanization of Joyce Studies’ didn’t fully take hold until after the Second World War, Joyce was aware of and responded to incipient moves in that direction
Conclusion
Authors: Fox Brian
Published: April 2019

Building on the final chapter’s analysis of Joyce’s reception, the conclusion to this study addresses a subject that has been largely implicit throughout: the predominance of American scholarship in Joyce studies. It also addresses the question of why it has taken so long for an ‘industry’ dominated by Americans to produce a study of America’s role in Joyce’s thinking. At the same time, this conclusion also takes the opportunity to state in a more concise and synoptic manner than has previously been possible precisely what Joyce thought of America. The book’s final gesture is to point beyond itself to work remaining to be done on the broad and many-sided subject of Joyce and America.
Rereading the Shameless Puffery of Modern Charlatans
Authors: Diepeveen Leonard
Published: April 2019

Beginning with the work of art critic Kenyon Cox and then turning to the many accusations of fraud levelled against modernism, Chapter 1 gives an account of fraud discourse’s dominance in early twentieth-century culture. Accusations of fraud were commonplace, and unleashed a set of rituals; fraud’s unveiling and fallout is highly stylized, and both narrative and social. These melodramatic moments of modern fraud, for all their lack of nuance, did a lot of work, and are part of a larger category that extends outward, taking on ideas such as insincerity, unclear intent, mimicry, and deception. After presenting a theory of fraud and its enabling conditions, the chapter argues that fraud discourse profoundly shaped the initial response to modernism, the modern canon, and its justifying principles.
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Authors: Diepeveen Leonard
Published: April 2019

Chapter 2 takes on methodological issues arising from the manner in which fraud discourse entered culture. It considers the place of ordinary intellectuals, and fraud discourse’s large presence in daily and weekly journalism, including the aesthetic principles that could be invoked but did not need to be argued for. It considers how this default aesthetic worked when it was at rest, comfortably interacting with works that responded well to its modes of analysis. It then turns to this aesthetic when it was under stress, dealing with modernist works that resisted its forms of analysis. The chapter then considers modernist criticism’s irritations with the standard criticism of the time, and to the place of evidence in early twentieth-century aesthetic argument. It ends with the function of journalism’s gestures of refusal to engage with modernism, and the functions of jokes and doggerel in that refusal.
Functional Gaussian Approximation for Dependent Structures
Authors: Merlevède Florence , Peligrad Magda , Utev Sergey
Published: April 2019

This book has its origin in the need for developing and analyzing mathematical models for phenomena that evolve in time and influence each another, and aims at a better understanding of the structure and asymptotic behavior of stochastic processes. This monograph has double scope. First, to present tools for dealing with dependent structures directed toward obtaining normal approximations. Second, to apply the normal approximations presented in the book to various examples. The main tools consist of inequalities for dependent sequences of random variables, leading to limit theorems, including the functional central limit theorem (CLT) and functional moderate deviation principle (MDP). The results will point out large classes of dependent random variables which satisfy invariance principles, making possible the statistical study of data coming from stochastic processes both with short and long memory. Over the course of the book different types of dependence structures are considered, ranging from the traditional mixing structures to martingale-like structures and to weakly negatively dependent structures, which link the notion of mixing to the notions of association and negative dependence. Several applications have been carefully selected to exhibit the importance of the theoretical results. They include random walks in random scenery and determinantal processes. In addition, due to their importance in analyzing new data in economics, linear processes with dependent innovations will also be considered and analyzed.
Application to the Uniform Laws of Large Numbers for Dependent Processes
Authors: Merlevède Florence , Peligrad Magda , Utev Sergey
Published: April 2019

As mentioned in Chapter 5, one of the most powerful techniques to derive limit theorems for partial sums associated with a sequence of random variables which is mixing in some sense is the coupling of the initial sequence by an independent one having the same marginal. In this chapter, we shall see how the coupling results mentioned in Section 5.1.3 are very useful to derive uniform laws of large numbers for mixing sequences. The uniform laws of large numbers extend the classical laws of large numbers from a single function to a collection of such functions. We shall address this question for sequences of random variables that are either absolutely regular, or ϕ-mixing, or strongly mixing. In all the obtained results, no condition is imposed on the rates of convergence to zero of the mixing coefficients.
Strict and uniform convexity
Authors: Goebel Kazimierz , Prus Stanisław
Published: April 2019

Ways to classify and measure convexity of balls are described. Properties like strict convexity, uniform convexity, and squareness are discussed. The main tool, the modulus of convexity of a space, is studied. In the case of uniformly convex spaces, nearest point projections and asymptotic centres of sequences are presented.
Smoothness and uniform smoothness
Authors: Goebel Kazimierz , Prus Stanisław
Published: April 2019

The notions of smoothness and uniform smoothness of a space are discussed. The relation with differentiability of the norm is shown. The main tool, the modulus of smoothness of a space is studied.
Uniform smoothness vs uniform convexity
Authors: Goebel Kazimierz , Prus Stanisław
Published: April 2019

The aim of the chapter is to present duality between uniform convexity and uniform smoothness. Lindenstrauss formulas relating moduli of convexity and smoothness are discussed as the main tool. A section deals with the notion of noncreasy and uniformly noncreasy spaces.
Radius vs diameter
Authors: Goebel Kazimierz , Prus Stanisław
Published: April 2019

The subject of the chapter is the relationship between the (Chebyshev) radius and diameter of convex bounded sets. The main tool is the Jung coefficient. Diametral sets and normal structure in connection with the fixed point theory for nonexpansive mappings are presented.
Three special topics
Authors: Goebel Kazimierz , Prus Stanisław
Published: April 2019

First, the girth of the sphere, the infimum of length of arcs joining antipodal points on the sphere is discussed. Second, a coefficient measuring maximal separation of sequences contained in the ball is presented. Special properties of weakly convergent sequences are observed.
Measures of noncompactness and related properties
Authors: Goebel Kazimierz , Prus Stanisław
Published: April 2019

Attempts to classify properties of the ball B, or the space X, utilizing the notion of measures of noncompactness are presented. They are connected with the Kadec–Klee property. Measures of noncompactness are used to generalize the notion of uniform convexity and smoothness.
How to Count Animals, more or less
Authors: Kagan Shelly
Published: April 2019

According to a prominent view in contemporary philosophical discussions of animal ethics—a view the author calls unitarianism—animals have the same moral status as people do, so that otherwise similar interests of animals and people should be given the very same consideration in moral deliberation. In contrast, this book lays out and defends a hierarchical approach, according to which people count more than animals do, and some animals count more than others. Surprisingly, although this idea is close to being commonsense, for the most part moral theories have not been developed in such a way as to take account of these crucial differences in status. Accordingly, the author both argues for a hierarchical account of morality and explores what suitably status sensitive moral principles might look like. Particular topics examined include the modification of distributive principles to take account of status, whether animals should be given deontological standing, and the moral complications that arise in cases that either involve defending animals or defending people from animals. The book also considers what the basis of moral status might be, and it responds to some of the potentially troubling implications of adopting a hierarchical approach to morality.