bluuebunny/crossref_metadata_2025 huggingface dataset:
The Margin of Appreciation Revisited
Authors: Letsas George
Published: April 2018

The idea that states have discretion in complying with their human rights obligations, and the idea that human rights obligations should be compatible with a degree of diversity between states, are either trivial or misleading. In order to assess properly the doctrine of the Margin of Appreciation, one has to reconstruct it as a normative thesis about the conditions under which an international human rights court should place substantial weight on a decision by a domestic authority. Thus understood, however, the doctrine is problematic as it offends the values underlying human rights and the rule of international law. The chapter evaluates Andreas Follesdal’s particular defence of the Margin of Appreciation and argues that neither sovereignty nor democracy provides normative support for unqualified judicial deference. It argues further that the exceptions Follesdal wishes to place on deference to democratic institutions end up covering the whole of the scope of human rights obligations, making the idea of deference redundant.
Remarks on Elizabeth Ashford’s “The Nature of Violations of the Human Right to Subsistence”
Authors: Weinstock Daniel
Published: April 2018

Elizabeth Ashford argues that there exists a primary duty for citizens of affluent nations to alleviate the plight of those whose subsistence needs are currently not met. It is argued that her position underestimates the institutional requirements that must be in place in order for these needs to be met. Individual action aimed at alleviating need must be coordinated through appropriate institutions. The obligation of citizens of affluent states should be thought of as the obligation to contribute to the establishment of such institutions. But this obligation cannot be assimilated to the “primary duty” framework in the way Ashford thinks it can. We need moral concepts other than that of primary duty to express the moral urgency of the duty to contribute to the establishment of just institutions.
The Forging and Unravelling of a Socialist Political Settlement
Authors: Gray Hazel
Published: April 2018

This chapter sets out the comparative evolution of the political settlement in Tanzania and Vietnam from the colonial period to the period of socialism and its ultimate demise. A description of the dominant political institutions and the evolution of the underlying distribution of power is traced through an historical exploration of the evolving structure of production and the important political struggles between contending groups in society. This chapter examines their comparative socialist experiences from the perspectives of the routes to power of the ruling parties, their success in consolidating power within the party, the creation of socialist economic institutions, and the attempts to redistribute economic power away from capitalists towards collective economic institutions. The crises of the 1970s and 1980s drove a significant change within the prevailing political settlement in both countries, that opened up the space for clientelism and informal processes of accumulation working within state institutions.
Turbulent Property Rights
Authors: Gray Hazel
Published: April 2018

This chapter explores the role of the political settlement in shaping outcomes of land investments by analysing struggles in key sectors of the economy. Land reform during the socialist period had far-reaching implications for the political settlement. Reforms to land rights under liberalization involved strengthening land markets; however, the state continued to play a significant role. Corruption within formal land management systems became prevalent during the period of high growth. Vietnam experienced a rapid growth in export agriculture but, in contrast with stable property rights for smallholders, Tanzania’s efforts to encourage large land investments were less successful. Industrialization in both countries generated new forms of land struggles that were influenced by the different distributions of power between the state, existing landowners, and investors.
Poles Apart
Authors: Livermore Roy
Published: April 2018

In just a few years, the magnetic bar-code secreted beneath the world’s oceans had provided detailed intelligence on the motions of the plates. When combined with other data from the sea floor, this allowed geophysicists to reconstruct the history of entire ocean basins following the rifting of Pangea. Some folk, however, are never happy, and ‘glass-half-empty’ types might well have complained that, impressive as all this was, it accounted for less than 200 million of the 4500 million years of Earth history, i.e. just 4%. What about that other 96%? Did plate tectonics operate through part or all of this long history and, in any case, how could you ever know, since the evidence had all been shredded by the closure of earlier oceans? There was hope: the same process that had so conveniently sequestered the recent history of the plates in the sea floor had also been at work throughout much of earlier geological time, recording the story in rocks onshore. By comparison with the high-definition picture of plate motions offered by bar-codes and fracture zones, this recording was monochrome, fuzzy, and incomplete. Yet, by the mid-1950s, it had already provided conclusive evidence that continents were truly mobile. Curiously, hardly anyone noticed.
Plate Tectonics by Jerks
Authors: Livermore Roy
Published: April 2018

Anyone living around the Pacific Ocean will be familiar with plate tectonics by jerks. That is, periods of quiescence when nothing much seems to be happening, punctuated by very large, frequently fatal, and so far unpredictable, earth movements on a time scale of seconds. Surprisingly, careful measurements of plate motions over periods of just a few years (using geodetic methods that will be discussed in Part II) show that the plates are in fact moving almost continuously, so that what there is on all but the very shortest timescales is ‘plate tectonics by creeps’. Happily, in this context, jerks and creeps are not mutually exclusive and so, unlike the biologists, there is no need to come to blows.
Continents and Supercontinents
Authors: Livermore Roy
Published: April 2018

Keith Runcorn’s boys showed beyond any doubt that the continents had been touring the globe since the Precambrian, long before they converged on Pangea. Their precise pre-Pangea itineraries were, however, uncertain, for while the ancient latitude of each block could be determined from the magnetic dip of suitable rock samples of the correct age (assuming such could be found), the ancient longitude was a different matter. The magnetic compass in ancient rocks recorded the direction to the ancient pole, but did not allow continents to be placed in their correct relative longitudes. Worse still, the best evidence of relative plate motions—marine magnetic anomalies and fracture zones—had all been shredded by subduction during the assembly of Pangea. And, since the old continents had been around the block a bit since the Paleozoic, there were no continental margins that you could fit together, as had been done for the Atlantic continents by Teddy Bullard and colleagues. Geologists were left only with indirect evidence from rock outcrops to guess the relative positions of these earlier continents. On the bright side, however, the lack of constraints freed them to give full reign to their imaginations, and they quickly began postulating lost supercontinents of all kinds.
The Final Frontier
Authors: Livermore Roy
Published: April 2018

After fifty years, you’d have thought that Harry Hess’ gloomy prognosis would have come to pass and plate tectonics research would by now be reduced to a mopping-up exercise. Nothing, however, could be further from reality. Surprisingly, many of the outstanding problems at the frontier of current research are also the most fundamental—still unresolved after a generation of effort. For example, when did plate tectonics begin (and when might it cease)? What came before plate tectonics? How are plates formed? Does plate tectonics occur elsewhere in the solar system? Progress is being made on all these questions, and answers to some could well be found within our lifetime.
Politics, Institutions, and Diversified Business Groups
Authors: Schneider Ben Ross , Colpan Asli M. , Wong Weihuang
Published: April 2018

This chapter examines the effects of national level politics and institutions on the long-term evolution of diversified business groups. A central goal of this chapter is to connect the analysis of business groups to broader debates on the political economy of advanced capitalism, especially varieties of capitalism, power resource theory, legal families, and entrenchment. States (through regulations) and firms (via their corporate practices, especially concentrated ownership and cross-ownership) across much of continental Europe and Japan protected business groups by forestalling takeovers, while capital markets in liberal economies encouraged the formation of new kinds of business groups (especially private equity) by facilitating takeovers. Brief summaries of the evolution of business groups over the past century in Sweden and the United States illustrate these different dynamics in coordinated and liberal economies.
Belgium
Authors: Becht Marco
Published: April 2018

Bank-oriented business groups have been closely related to the growth of Belgium since independence in 1831. The Société générale de Belgique in particular was a leading example of a widely held business group with extensive banking and industrial interests. The holding companies that characterized the Belgian economy for 150 years have largely disappeared. They were acquired or their holdings were sold to larger entities from neighboring countries, in particular from France. European economic integration appears to be the most compelling explanation for the disappearance of the large diversified group in Belgium. It does not explain why Belgian groups failed to take advantage of the new opportunities offered by the European single market.
Italy
Authors: Colli Andrea , Vasta Michelangelo
Published: April 2018

This chapter, by merging a qualitative and quantitative approach, focuses on the evolution of business groups in Italy during the twentieth century. By adopting network analysis, and by using a large and comprehensive dataset, the authors offer various proxy measures of the relevance of the largest business groups in the Italian economy. By also providing a taxonomy, the analysis clearly shows the persistence of large and entangled business groups in the Italian economy. Moreover, it shows that business groups are present not only among large firms, but in almost all the dimensional and juridical forms of Italian firms. The chapter, by challenging the conventional wisdom, confirms that business groups are neither limited to the less developed countries, nor are simply a second-best functional substitute of the M‐form characterizing big business around the world.
The United States in Historical Perspectives
Authors: Hikino Takashi , Bucheli Marcelo
Published: April 2018

This chapter aims to re-examine the Chandlerian paradigm of the historical development of modern industrial enterprises in the United States by employing an analytical framework that comprehends the alternative models of corporate evolution, especially that of diversified business groups. Based on the systematic examination of the broad range of business groups that have historically developed in the United States, the chapter focuses on the two varieties of diversified business groups that historically played critical roles in that economy: those centered around overseas trading and operational firms; and those organized around banking institutions. It argues that diversified business groups played the characteristic roles of generating and reorganizing modern industrial enterprises to shape the contemporary economic landscape of oligopoly. Such roles played by the diversified business groups and their contributions to corporate and industrial development should be complemental to the Chandlerian multidivisional enterprises to configure the whole dynamics of the US economy in the long run.
Canada
Authors: Morck Randall , Tian Gloria Y.
Published: April 2018

Family-controlled pyramidal business groups were important in Canada early in the twentieth century, amid rapid catch-up industrialization, but largely gave way to widely held freestanding firms by mid-century. In the 1970s and early 1980s—an era of high inflation, financial reversal, unprecedented state intervention, and explicit emulation of continental European institutions—pyramidal groups abruptly regained prominence. The largest of these were politically well-connected and highly leveraged. The two largest collapsed in the early 1990s in a recession characterized by very high real interest rates. The smaller groups that survived were more vertically integrated and less diversified at the time. Widely held freestanding firms and Anglo-Saxon concepts of the role of the state soon regained predominance.
Some Practical Implications for Policy and Practice
Authors: Henham Ralph
Published: April 2018

This chapter explains the practical consequences of what has been proposed. It begins by evaluating current models and suggested approaches for incorporating public opinion into sentencing, explaining how the proposed changes would differ. It then sets out some practical reforms to sentencing in England and Wales, including greater coordination between the national regulation of sentencing discretion through the Sentencing Council and regional or community-based sentencing practices. Regional branches of the Sentencing Council are also advocated. In addition to further practical reforms, a greater role for the Sentencing Council in the ethical surveillance of sentencing, the development of new procedural rules, and enhanced training for judges and magistrates are proposed. Finally, a closer working relationship between the Sentencing Council, the courts, the CPS, defence lawyers, and the Probation Service is advocated to develop guidance clarifying their role within the new sentencing framework.
come_NET
Authors: Aal Konstantin , Weibert Anne , Schubert Kai , Sprenger Mary-Ann , Rekowski Thomas Von
Published: April 2018

The case study presented in this chapter discusses the design and implementation of an online platform, “come_NET,” in the context of intercultural computer clubs in Germany. This tool was built in close cooperation with the children and adult computer club participants. It was designed to foster the sharing of ideas and experiences across distances, support collaboration, and make skills and expertise accessible to others in the local neighborhood contexts. In particular, the participatory-design process involving the children in the computer clubs fostered a profound understanding of the platform structure and functionalities. The study results show how younger children in particular were able to benefit, as the closed nature of the platform enabled them to gather experience as users of social media, but in a safe and controlled environment.
Diversity and Community Structure
Authors: Esler Karen J. , Jacobsen Anna L. , Pratt R. Brandon
Published: April 2018

Similar drivers across mediterranean-type climate (MTC) regions have selected for plants with comparable traits (Chapters 3 and 6). This has resulted in the assembly of MTC region plant communities (groups of interacting populations of organisms) that are broadly similar, both structurally and functionally. However, there are also many different types of communities within MTC regions that may be quite divergent from one another even though they occur within a single region. These differences in community types also reveal both similarities and differences among the different MTC regions. This chapter briefly introduces and describes the composition and structure of the main types of plant communities that are found within MTC regions, including the iconic evergreen sclerophyllous shrublands, known as mediterranean-type vegetation (MTV), and other types of shrublands (drought-deciduous soft-leaved shrubs, desert shrublands along arid margins), grasslands, woodlands, and forests.
Evolution and Diversity
Authors: Esler Karen J. , Jacobsen Anna L. , Pratt R. Brandon
Published: April 2018

As mediterranean-type climate (MTC) regions emerged and expanded, species from the regional pool colonized and persisted in these new climate regions. In general, taxa were derived from a few types of historical ‘geoflora’ communities: temperate forest, subtropical and tropical, and semi-arid or arid. Some of the taxa within modern mediterranean-type vegetation represent relatively ancient relict taxa that pre-date the emergence of mediterranean-type drivers. Other lineages underwent subsequent speciation, resulting in the evolution of new MTC region-specific taxa, including the production of many new species through evolutionary radiations. Low extinction rates associated with historically stable climate and limited recent geological activity might explain the high diversity found in some MTC regions, while in regions with more topographical variation the ability of species to move across elevation gradients has been suggested also to have allowed species to be buffered from climatic changes that may otherwise have led to extinctions.
Transformation
Authors: Esler Karen J. , Jacobsen Anna L. , Pratt R. Brandon
Published: April 2018

Extensive habitat loss and habitat conversion has occurred across all mediterranean-type climate (MTC) regions, driven by increasing human populations who have converted large tracts of land to production, transport, and residential use (land-use, land-cover change) while simultaneously introducing novel forms of disturbance to natural landscapes. Remaining habitat, often fragmented and in isolated or remote (mountainous) areas, is threatened and degraded by altered fire regimes, introduction of invasive species, nutrient enrichment, and climate change. The types and impacts of these threats vary across MTC regions, but overall these drivers of change show little signs of abatement and many have the potential to interact with MTC region natural systems in complex ways.
Vector Control
Authors: Vaez-Zadeh Sadegh
Published: April 2018

The chapter begins with a description of the scalar control of PMS motors. The fundamentals of PMS motor vector control (VC) are then presented with an eye on the analogy with DC motor operating principles. The VC of surface-mounted permanent magnet pole motors and interior permanent magnet (IPM) motors are presented in various reference frames. Current and voltage operating limits are incorporated into the control systems. Flux control modes of operation of PMS motors together with the corresponding control means in different reference frames are also presented in detail, as a particular feature of this book. These include maximum torque per ampere (MTPA) control, maximum torque per voltage control, and unity power factor control. Finally, loss minimization control by offline and online strategies is elaborated after presenting the method of motors loss reduction and the PMS motor loss modeling.
Parameter Estimation
Authors: Vaez-Zadeh Sadegh
Published: April 2018

In this chapter, the estimation of permanent magnetic synchronous (PMS) motor parameters, including stator winding resistance, motor inductances, and magnitude of permanent magnet flux linage, is presented in two main categories, i.e., offline and online. Several offline schemes, including DC and AC standstill tests, no-load test, load test, and vector control schemes, are presented for estimation of all the motor parameters. Major online schemes used in the estimation of PMS motor parameters are also presented in this chapter. They include closed-loop observer-based estimation, model reference adaptive system (MRAS)-based estimation, recursive least-squares (RLS) estimation, and extended Kalman filter scheme. The online schemes take into account the motor parameter variations during motor operation. The motor model, estimation procedure, and the connection of estimation systems to the motor control system are discussed for each parameter estimation scheme.
Magic Bullets
Authors: Stegenga Jacob
Published: April 2018

Some medical interventions, such as penicillin and insulin, are good examples of magic bullets. The magic bullet model of medical interventions represents two principles: specificity and effectiveness. The magic bullet model gained popularity in the mid-twentieth century with the discovery of antibiotics and insulin. Once we appreciate the complexity of the constitutive causal basis of diseases and the cascading physiological complexity of effects of exogenous interventions, the expectation of effectiveness and specificity ought to be mitigated. The theory that drugs can intervene on one or few microphysiological targets and thereby bring about an effect that is both clinically significant and symptomatically specific is, for many interventions, unfounded.
Assessing Medical Evidence
Authors: Stegenga Jacob
Published: April 2018

Medical scientists employ ‘quality assessment tools’ to assess evidence from medical research, especially from randomized trials. These tools are designed to take into account methodological details of studies, including randomization, subject allocation concealment, and other features of studies deemed relevant to minimizing bias. There are dozens of such tools available. They differ widely from each other, and empirical studies show that they have low inter-rater reliability and low inter-tool reliability. This is an instance of a more general problem called here the underdetermination of evidential significance. Disagreements about the quality of evidence can be due to different—but in principle equally good—weightings of the methodological features that constitute quality assessment tools. Thus, the malleability of empirical research in medicine is deep: in addition to the malleability of first-order empirical methods, such as randomized trials, there is malleability in the tools used to evaluate first-order methods.
Medical Nihilism
Authors: Stegenga Jacob
Published: April 2018

This chapter presents the master argument for medical nihilism. In addition to drawing on the arguments from previous chapters, it introduces three widespread empirical phenomena to support the master argument. First, the ubiquity of medical interventions that have been rejected because they came to be seen as ineffective or harmful. Second, for many of our most widely used medical interventions, the best evidence available indicates that such interventions are barely effective, if at all. Third, the ubiquity of discordance: for many medical interventions, some evidence suggests that they are effective while other evidence suggests that they are not. These empirical phenomena, together with the principled arguments about medical science from earlier chapters, warrant medical nihilism. A formalization of the master argument is offered, which brings together the various arguments from throughout the book. The chapter ends by considering some predictable objections.
Trygve Lie, 1946–1953
Authors: Ravndal Ellen Jenny
Published: April 2018

This chapter explores all aspects of Trygve Lie’s interaction with the Security Council, beginning with his appointment process and the negotiation of the relative domains of the Council and the Secretary-General. This was a time when the working methods of the UN system were rapidly evolving through political negotiation and responses to external crises. It examines Lie’s personality and character, how he viewed his own responsibilities in the maintenance of international peace and security as crises arose, the legal and political tools he developed and exercised, and his changing relationship with individual permanent members and the six elected members. In the emerging Cold War, Lie’s position in the Security Council would be determined in particular by his relationships with the United States and the Soviet Union. Taking initiative in response to external crises in Iran, Palestine, Berlin, and Korea, Lie succeeded in laying foundations for an expanded political role for the Secretary-General.
Dag Hammarskjöld, 1953–1961
Authors: Fröhlich Manuel
Published: April 2018

Dag Hammarskjöld’s term in office stands for an expansion of the UN’s activities for the maintenance of international peace and security. Despite the constraints of the Cold War, new tools for preventive diplomacy and peacekeeping were developed under his leadership. He also articulated a new doctrine for the world organization as well as the international civil service that built on various philosophical sources and central aspects of his personality. His interaction with the Security Council at the time was decisive in bringing about these innovations, but it also highlighted severe differences between the Secretary-General and leading member states. The Council that had given him unprecedented leeway in crisis situations became more and more disturbed by an all too active Secretary-General. The chapter traces the dynamics of the relationship between an active Secretary-General and an assertive, yet oftentimes divided Security Council in that crucial era.
Psyche and Ethos
Authors: Anderson Amanda
Published: April 2018

Contemporary culture is saturated with psychological concepts and ideas, from anxiety to narcissism to trauma. While it might seem that concern over psychological conditions is intrinsically oriented toward moral questions about what promotes individual and collective well-being, from the advent of Freudian psychoanalysis in the late nineteenth century up to recent findings in cognitive science, psychology has posed a continuing challenge to traditional concepts of moral deliberation, judgment, and action, all core components of moral philosophy and central to understandings of character and tragedy in literature. Using a range of examples from literature and literary criticism alongside discussions of psychological literature extending from psychoanalysis to recent cognitive science and social psychology, this book explores the nature of psychology’s several challenges to morality and ultimately argues for a renewed look at the persistence of moral orientations toward life and the values of integrity, fidelity, and repair that they privilege. Writings by Shakespeare, Henry James, and George Eliot, and the contributions of British object relations theorists in the post-war period, help to draw out the fundamental ways we experience moral time, the forms of elusive duration that constitute loss, grief, regret, and the desire for amends. While acknowledging the power and necessity of psychological frameworks, Psyche and Ethos aims to restore moral understanding and moral experience to a more central place in our understanding of psychic life and the literary tradition.
The Archaeology of Roman Retail Outlets
Authors: Ellis Steven J. R.
Published: April 2018

This chapter begins with a brief overview of the ways in which shops and, especially, food and drink outlets have been identified on Roman archaeological sites. It then provides a detailed account of the archaeological remains of food and drink outlets, with a particular focus on the shop counters and the architectural and spatial configurations of the properties themselves. A typology of food and drink outlets is proposed, one that is necessarily flexible but which also allows for a series of questions and observations to be made about the types of buildings in which we find bars, and of the availability of various spatial and structural resources to their retail networks.
The Role of Retail in the Roman City
Authors: Ellis Steven J. R.
Published: April 2018

This chapter concludes the book by examining the extent to which shops and bars were deeply integrated into the social and structural underpinnings of Roman urbanism. It looks more closely at the very things being retailed in bars: so, something of the menu of the Roman food and drink outlet. It also considers the role of shops and bars in the social and economic life of the city, and the extent to which these types of spaces serve as an index of urban living conditions. The aim of the chapter, indeed of the book, is not simply to argue for the “importance” of retail outlets to Roman life. It is rather to stimulate more and better ways to integrate studies of Roman retail into our growing understanding of cities and their urban communities.
Occurrent States
Authors: Steward Helen
Published: April 2018

In The Mind’s Construction, Matthew Soteriou argues that some mental states must be occurrent in their nature, owing to the role they play in the general structure of experience. This chapter argues that Soteriou underestimates the difficulties inherent in making it plain how something occurrent could be a state, at any rate on the most natural understanding of what it is for something to be ‘occurrent’. The chapter suggests that Soteriou is mistaken to believe that experientiality cannot be accounted for without invoking the new category. Soteriou’s argument invokes the premise that states must be ‘homogeneous down to instants’. In this chapter distinctions are made between different things which might be meant by the claim that a state is ‘homogeneous’ or ‘homogeneous down to instants’ and it is argued that disambiguation amongst these different meanings reveals that certain stative states are well able to play the role that Soteriou believes we need occurrent states to perform.
Multistakeholder Partnerships in Context
Authors: Gray Barbara , Purdy Jill
Published: April 2018

This chapter analyzes a variety of contextual factors that make partnerships a necessity. More and more societal problems have become “wicked problems” that involve many actors and defy resolution and require the attention and commitment of many interdependent players to find solutions because actions taken by one organization or sector negatively impact others. Increasing “glocalization” or fusing of the local and the global problems also propels partnerships. Six glocal conditions are explored that have spurred the growth of cross-sector partnerships locally and across the globe: deepening income inequality; growing importance of health in the economy; environmental degradation including climate change, water crises, and the need for sustainability, large-scale involuntary migration, increases in extreme weather events and continued decline in ability of governments to handle complex problems. The chapter also identifies partners’ motivations for joining partnerships, and classifies partnerships according to motives and intended outcomes.
An Institutional Lens on Multistakeholder Partnerships
Authors: Gray Barbara , Purdy Jill
Published: April 2018

In this chapter we conceptualize partnerships as new forms of organizing that arise in response to changing conditions within institutional fields. Fields are evolving and often contentious social orders, characterized either by common or conflicting interpretations about the purposes, relationships, and rules of interaction within the field. Collaborating partners appraise and may renegotiate institutional arrangements—thereby establishing a new negotiated order for the field. This may necessitate reconciling partners’ competing frames about what the field should be. We adopt an interactional framing approach to explain how new frames can take root in fields and amplify in scope, regularity, and emotional intensity—eventually transforming the field over time as partners negotiate a new field-level frame for field governance and reach a new settlement. Partnerships can legitimize frames as broader systems of collective meaning among actors that eventually may become taken-for-granted cultural conventions.
Instrument Choice and Design
Authors: Mevorach Irit
Published: April 2018

This chapter identifies the best type of instrument for the global cross-border insolvency system. It questions the predisposition in favour of a treaty as the ultimate solution. It shows that, thus far, the key justification for a global treaty has been the idea that a treaty is required for the pursuit of pure universalism because it is hard law and thus binding. However, this assumption requires a reconsideration. This chapter argues that an instrument for a modified universalist system should have the characteristics of hard law in the sense that the instrument is more likely to promote high levels of precision and obligation. However, it also shows that the assumption that treaties are hard law and thus ideal international instruments is simplistic, as revealed through a broader analysis of the use of treaty and non-treaty law in international law, and in view of economic as well as behavioural perspectives.
Monetary Policy in Sub-Saharan Africa
Authors: Berg Andrew , Portillo Rafael
Published: April 2018

Most countries in sub-Saharan Africa have made great progress in stabilizing inflation over the past two decades. In about half, a hard peg provides the nominal anchor. In the rest, which are the focus of this book, policymakers have more recently been asking more of monetary policy—to avoid policy misalignments and respond appropriately to shocks such as export and food price spikes and swings in fiscal policy—in support of overall stability and growth. And they are, in many cases, finding current regimes lacking, with opaque and sometimes inconsistent objectives, inadequate transmission of policy to the economy, and difficulties in responding to supply shocks. This chapter reviews this history and the analytic and policy challenges of modernizing monetary policy regimes in the region. Drawing on the results from the rest of this book, it charts a way forward.
Introduction to Part I
Authors: Berg Andrew , Portillo Rafael
Published: April 2018

Developing an understanding of monetary policy in LICs must start with the evidence. This chapter briefly reviews the challenges facing the empirical researcher in SSA, including scarce and inaccurate data, short policy regimes that make powerful inference difficult, and the lack of structural models to help interpret the data. It provides an overview of Chapters 4–6, which take three very different approaches to looking at these data: a broad search for cross-country stylized facts (Chapter 4), a detailed case study of a major monetary policy event (Chapter 5), and an examination of whether vector auto-regressions (VARs)—the workhorse empirical tool in this area—are likely to yield useful results in the SSA context (Chapter 6).
A Structural Analysis of the Determinants of Inflation in the CEMAC Region
Authors: Portillo Rafael
Published: April 2018

The author analyses inflation in the Central African Economic and Monetary Community. First, a semi-structural VAR is used to identify the sources of inflation empirically; the chapter finds that fiscal shocks and the commodity price shocks that generally drive them have been important sources of inflation volatility, with monetary policy passively accommodating. A DSGE model is then developed and calibrated to replicate the empirical findings and to study the implications of a more active monetary policy. This active policy would involve greater (sterilized) reserve accumulation, which under the plausible assumption of limited capital mobility can help contain equilibrium appreciation pressures and therefore inflation, but at the cost of crowding out the private sector. Attempting to use monetary policy to contain inflation under a fixed exchange rate has important drawbacks, which highlights the need to rely on fiscal policy for macro and price stability in these countries.
Paid and Unpaid Care
Authors: Brake Elizabeth
Published: April 2018

This paper argues that relationships between paid caregivers and care recipients should be eligible for equivalent legal protections as other adult-caring relationships. Care workers (or intimate workers, or domestic workers) are a vulnerable group; in law, they are not fully protected as workers or as family members, although they often form close, reciprocal-caring relationships with the people they care for. While some legal theorists have recently addressed their rights as workers, this paper considers their eligibility for rights as family members. It extends my earlier arguments for marriage equality, that marriage law (or a marriage-like law with reduced legal entitlements which I call ‘minimal marriage’) should protect a wider variety of relationship types than law currently does, on grounds of equal treatment. After reviewing these earlier arguments, I make the case for their application to care workers, addressing both theoretical and practical objections.
A Perfectionist Argument for Legal Recognition of Polyamorous Relationships
Authors: Den Otter Ronald C.
Published: April 2018

Although several American legal scholars have defended the constitutional right to marry more than one person at the same time on substantive due process or equal-protection grounds, few have underscored the possibility that plural marriage could be beneficial. The standard liberal approach eschews comparative judgments between monogamy and polyamory, ultimately depending on the value of the exercise of autonomy for its own sake. The problem is that those who employ it must remain reticent about the benefits that the legal recognition of polyamorous marriage may produce. In this chapter, I formulate an atypical constitutional argument for polyamorous marriage, drawing inspiration from John Stuart Mill’s well-known idea of experiments of living, rooted in the benefits of unconventional beliefs and practices. I try to explain why polyamory can be a superior marital arrangement for some people under some circumstances. Such marital experiments also may assist polyamorists in becoming better human beings.
Private Ordering in Family Law
Authors: Bix Brian H.
Published: April 2018

The chapter begins by clarifying what is meant by ‘private ordering’ in family law—where the primary focus is usually not on the fact of private ordering, but the question of state recognition or enforcement of private choices. Additionally, the analysis considers the distinction between agreements regarding substantive outcomes (e.g. who should have parental rights), and agreements regarding procedure (e.g. having a dispute settled by arbitration). The chapter offers an overview of the moral and policy arguments that had been raised when private ordering had been strongly discouraged (e.g. various social goods, and the protection of vulnerable parties), and the changing arguments being offered now that private ordering is more frequently encouraged, or at least condoned. Finally, the chapter will consider why some forms of private ordering (e.g. separation agreements at divorce) are encouraged, while others (e.g. co-parenting and surrogacy agreements) continue to be treated with suspicion.
Protection by the System and Its Regimes
Authors: Papanicolopulu Irini
Published: April 2018

This chapter advocates that rules relevant to the protection of people at sea may be found in any field of international law and that it is only through the integration of different rules that better protection of people at sea can be ensured. Drawing upon the systemic nature of international law, the chapter first presents the analytical framework within which to examine the relationships between different rules, analysing the conceptual potential of thinking in terms of regimes and in terms of the system. This framework is then applied to ‘people at sea’. Sub-regimes that provide a substantial contribution—the law of the sea, international human rights law, and technical regimes (including international labour law and maritime law)—are isolated, identifying the core characteristics of each. Eventually, the chapter considers the contribution of the various regimes collectively, within a systemic understanding of international law.
Introduction
Authors: Mercati Flavio
Published: April 2018

Shape Dynamics (SD) is a field theory that describes gravity in a different way than General Relativity (GR): it assumes a preferred notion of simultaneity, and the dynamical content of the theory consists of conformal 3- geometries. SD coincides with (GR) in most situations, in particular in the experimentally well-tested regimes, but it departs from it in some strong-gravity situations, for example at cosmological singularities or upon gravitational collapse. This chapter provides a quick introduction to the theory and a brief description of its present state.
Barbour–Bertotti Best Matching
Authors: Mercati Flavio
Published: April 2018

Barbour and Bertotti’s Mach–Poincaré Principle can be realized in classical mechanics with a mathematical procedure which was beyond the grasp of Leibniz or Newton, and turns out to be equivalent to modern gauge theory. This is the formulation of a variational principle based on ‘best matching’: one transforms subsequent configurations of the system with the Euclidean group, and by minimizing a certain functional a notion of ‘equilocality’ is established: now it makes sense to say that a particle comes back to the same point at different times.
Historical Interlude
Authors: Mercati Flavio
Published: April 2018

This chapter recounts the main steps that led to the present formulation of SD. In particular, the attempts by Barbour, Ó Murchadha, Anderson, Kelleher and Foster of implementing conformal symmetry through best matching, which culminated in the realization that York’s method (in particular, the assumption of not transforming the trace of the extrinsic curvature when scanning the conformal equivalence class in a CMC slice) can be understood as a volume-preserving conformal transformation.
Reid and the Problem of the External World
Authors: McDermid Douglas
Published: April 2018

The main purpose of this chapter is to understand how Thomas Reid (1710–96) understood what we now call ‘the problem of the external world’: the problem of whether we can have any knowledge of a material world if we have non-inferential knowledge of nothing but the subjective contents of our own minds. According to Reid, this sceptical problem is ill-posed: we do not need to prove the existence of the external world of matter any more than we need to prove the existence of the internal world of mind, since our belief in both is the direct effect of principles which we have by our very constitution. Hence Reid’s brand of common sense realism is best seen not as a solution to the problem of the external world, but as a denial of the Cartesian and representationalist assumptions which made that problem seem possible and urgent in the first place.
Introduction
Authors: St John Taylor
Published: April 2018

This chapter sets out the puzzle: what explains the rise of investor–state arbitration? It defines the rise of investor–state arbitration as one process with two phases: the creation of the ICSID Convention and eliciting state consent to ISDS. Conventional theoretical accounts, in which investor lobbying and then intergovernmental bargaining drive the rise of investor–state arbitration, are outlined. These accounts contrast with the book’s explanation, that international officials provided support to one institutional framework, ICSID, which led to its creation over other possibilities. The creation of ICSID kicked off a process of gradual institutional development that led to contemporary investor–state arbitration. The book’s sources include 30,000 pages of primary material and dozens of interviews, and the methods are based on counterfactual reasoning. Finally, the book’s four main findings are introduced.
Codification
Authors: Steiner Eva
Published: April 2018

This chapter describes the process of codification a process which has been accelerated in recent years following the setting up of a Commission Supérieure de Codification in 1989. Today's codes are aimed at clarifying, and making more accessible, law which has become more complex owing to the increasing number of statutes in particular areas. The most common current method of codification used is the restatement in one place of the law in a particular area which was previously to be found scattered in different documents. The Commission, meanwhile, has not only introduced a number of new codes but also redesigned existing ones found to be in need of reshaping. These codes are the result of the work carried out by ministries involved in the task of producing a draft in their relevant area. It is clear that, today, codification is less an ideological enterprise than a technical exercise.
Judicial Reasoning
Authors: Steiner Eva
Published: April 2018

This chapter examines judicial reasoning in France. In France, the long-established assumptions, still deeply rooted in the French legal mind, that only the legislature can make the law and that codes provide a self-contained and internally consistent body of legislation, have greatly contributed to the deductive model of legal reasoning which prevails in the French judicial method. In such a system, codes are deemed to provide the axioms and postulates from which conclusions are drawn. From this it follows that judicial decisions cannot, overtly at least, be the outcome of what the judge feels to be the best solution. They are primarily the result of applying a rule of law to an actual situation. However, the chapter shows how in practise judges has been able to introduce value judgement in their decisions despite the constraints of the system.
Words and the Musician
Authors: Phillips Tom
Published: April 2018

The central claim advanced in this chapter is that significant connections between rhythm and semantic content form an important and under-examined stylistic feature of Pindar’s dactylo-epitrite epincians. In particular, the chapter focuses on passages in which sonic and rhythmical features express or imitate aspects of what the texts refer to, and that this ‘imitation’ could assume various degrees of complexity and abstraction depending on the nature of the linguistic referents of a given passage. The final part of the chapter examines how strophic responsion creates semantic and thematic connections between stanzas. A case is made for moving beyond a mode of reading that sees rhythmical features exclusively as subordinated to semantic meaning.
Music in Euripides’Medea
Authors: Thomas Oliver
Published: April 2018

This chapter argues that a tricky passage of Athenaeus, about Euripides’ use of melodic responsion in the play’s odes (453c–454a), is worth taking seriously. The reasons for doubting its information are not overwhelming, and moreover the effects of such responsion tie in excellently with what a number of the characters within the play (especially the chorus in the first and third stasima) have to say about music. In testing the hypothesis that Euripides employed ‘melodic responsion’ in the Medea, the chapter shows that melodic structure could have reinforced the odes’ semantics and themes, but also that it would have been a crucial element in the characterization of the chorus. This use of melody is also examined in the context of existing scholarship on Euripides’ adoption of various ‘New Musical’ forms later in his career.