bluuebunny/crossref_metadata_2025 huggingface dataset:
Formal and Informal Lawmaking by the International Seabed Authority
Authors: Davenport Tara
Published: January 2023

The International Seabed Authority (ISA) was one of the three institutions established under the LOSC to administer the seabed, ocean floor, and minerals found beyond the limits of national jurisdiction (the Area). The ISA was given extensive lawmaking powers, and employs a variety of instruments to regulate activities in the Area. These consist, primarily, of regulations and recommendations, with the latest draft exploitation regulations envisaging the adoption of standards and guidelines, as well as regional environmental management plans. This chapter analyses the key instruments and mechanisms used by the ISA to develop a governance regime for the deep seabed, including its development process, the actors involved, the addressees of these lawmaking efforts, and its binding effects. It will attempt to answer the question of whether the ISA engages in informal lawmaking at all, and why it may be inclined to do so in the governance of the common heritage of humankind.
The Significance of Informal Lawmaking in International Fisheries Law
Authors: Scanlon Zoe
Published: January 2023

Although a substantial body of formal international law exists within the international fisheries sector, many informal legal instruments have also been developed. These include various international plans of action, UN–FAO voluntary guidelines, and UN General Assembly resolutions. This chapter examines the development processes, and substance, of these informal instruments. It considers their function in a sector where formal law is regularly developed at the regional level; legal instruments are often technical, detailed, and regionally specific; technology, science, and circumstances change frequently; and the legal framework must be flexible enough to adapt rapidly. It examines their contribution to the development of international law in this area, including customary international law, and the development of globally agreed minimum standards that may be incorporated into instruments at regional or domestic levels. It considers whether, and how, these informal instruments influence the interpretation of well-established treaty law in this area.
The Role of Informal Lawmaking in Facilitating Marine Technology Transfer and Data Sharing
Authors: Techera Erika
Published: January 2023

New marine technologies are being developed at an increasingly rapid pace. While the use of these technologies for beneficial purposes should be maximized, any potential environmental risks that they pose must be managed to safeguard ocean health. To achieve this balance, the LOSC provides a solid foundation of obligations with respect to the use, development, and transfer of marine technologies, but it is does not provide all the detail needed to make those obligations operational. Informal law plays a critical role in supplementing hard law frameworks and broadening stakeholder engagement beyond state actors. Yet, it is not a panacea for legal gaps and challenges: informal law can lack legitimacy and be weakened by its unenforceability. This chapter explores and analyses the LOSC provisions and subsequent developments, with a focus on informal law that facilitates the transfer of marine technologies and cooperative sharing of data, particularly in the context of fisheries.
Informal Lawmaking and the Future of the Law of the Sea
Authors: Hey Ellen
Published: January 2023

This chapter identifies different ways in which informal instruments matter in the law of the sea. The analysis suggests that how informal and formal instruments interact, and how informal instruments matter, depends on context. The discussion distinguishes between the legal infrastructure (or jurisdictional framework) of the law of the sea, and the regulation of human activity. The former involves lawmaking processes in which decisions are taken regarding the competences of states and other actors to regulate human activities. The analysis illustrates that the inter relationship between the global South and global North plays an important role in this context. The latter concerns the regulation of human activity through inter-state cooperation, as well as private standard setting. The chapter suggests that lawmaking for the purposes of regulating human activities might best be conceptualized as the development of global administrative law. It also suggests that understanding how informal instruments matter is important for furthering good ocean governance.
Brightening the skies
Authors: Crawford Ian A.
Published: January 2023

In his book, Dark Skies: Space Expansionism, Planetary Geopolitics, and the Ends of Humanity (Oxford University Press, 2020), Daniel Deudney argues that the expansion of humanity into space will pose unacceptable existential risks for our civilization and, perhaps, our species. Of particular concern are risks of civilization-destroying interplanetary conflict and the rise of totalitarian forms of government, both on Earth and in space. This chapter argues that these risks, although deserving to be taken seriously, may be mitigated by appropriate institutional developments. Near-term possibilities include strengthening the United Nations to give that body greater responsibility for human activities in outer space, and/or the creation of a dedicated World Space Agency. Ultimately, the logic points towards stronger forms of planetary and interplanetary governance organized according to federal principles.
Justice in space
Authors: Schwartz James S. J.
Published: January 2023

This chapter argues that the demanding nature of space environments (their hostility to human life; their lack of breathable air and consumable water) create a substantive obligation on the part of any space society to provide its citizens with guaranteed access to life support. Borrowing from Shue’s (1996) defence of subsistence rights, which calls for the protection of basic rights against ‘standard threats’, the chapter argues that space societies will be obliged to protect a right to life support (or to provide ‘life support security’). The ‘standard threats’ to life support security can be diminished significantly by refraining from pursuing space settlement projects that are likely to generate conditions of life support insecurity. It is within our power to determine the material conditions during the founding and early development of space societies. In response to the criticism that providing guaranteed access to life support in space would be hopelessly utopian or idealistic, the chapter argues that there are few known constraints on the developmental pathways of space societies. It is not known, and it cannot be assumed as an uncontroversial truth, that, whenever space societies are founded, it will not be feasible for them to provide guaranteed access to life support. Further, pessimism about human motivation also fails to provide a compelling objection to the requirement of guaranteed access to life support, because human motivation is subject to change on the timescales needed to plan and instigate space settlements.
Welcoming disability as necessary in space travel
Authors: Wells-Jensen Sheri
Published: January 2023

As more and more people venture into space, two very basic things have been demonstrated: space is a profoundly dangerous environment, and the work undertaken there is profoundly important. Humankind may, in fact, need space to save the species, and so a great deal of effort has been placed on protecting the health and safety of astronauts. Unfortunately, accidents and injuries are inevitable. Accepting this reality, space vessels and equipment must be designed so that astronauts who are disabled can not only survive but also successfully complete their mission. Once this is done, and space environments are made accessible, restrictions that prevent currently disabled people from being astronauts in the first place can be lifted. This will widen the pool of potential astronauts, permitting the recruitment of the best people for these jobs, regardless of their disability.
Nonideal Social Ontology
Authors: Burman Åsa
Published: January 2023

This chapter characterizes nonideal social ontology, including a special branch of nonideal social ontology called emancipatory social ontology, by showing what influential accounts of nonideal social ontology have in common and how these features differ from the standard model of ideal social ontology. Ásta’s conferralism, Johan Brännmark’s theory of nonideal institutions, Sally Haslanger’s analyses of gender and race, and Katharine Jenkins’ work on ontic oppression are discussed as examples of nonideal social ontology. More specifically, it is argued that nonideal social ontology can overcome some of the major limitations of ideal social ontology, such as an overemphasis of collective intentionality and too little attention to oppression. More generally, characterizing nonideal social ontology is vital for understanding the paradigm shift from ideal to nonideal social ontology that is currently underway in contemporary social ontology.
Critique of Nonideal Social Ontology
Authors: Burman Åsa
Published: January 2023

This chapter identifies two shortcomings of nonideal social ontology: first, that economic class, despite being a key nonideal social phenomenon, is hidden from view; and second, that the concept of social power is underdeveloped. More specifically, by drawing attention to economic class, it argues that a central claim of Ásta’s conferralist framework—that it can account for all social properties of individuals—is false. It then discusses a crucial implication of this objection; conferralism cannot meet its own conditions of adequacy, such as providing a theory that helps to understand oppression, thus making conferralism too narrow to fulfill its intended role. It is shown that the same objection applies to Brännmark’s theory of nonideal institutions. Although nonideal social ontologists have offered a clearer conception of deontic power that can be used in analyzing central social phenomena, definitions of other forms of social power remain lacking.
Telic Power
Authors: Burman Åsa
Published: January 2023

This chapter introduces a newly identified form of power: telic power. While deontic power is a key concept in social ontology, it is too narrow to capture a central dimension of the social world that is exemplified by certain aspects of gender and class. The chapter introduces and defines the previously overlooked concept of telic power, offering two justifications for this new concept. First, it captures a distinct and central dimension of the social world that has previously been neglected due to the one-sided use of examples and a consequent emphasis on deontic power. Second, it is theoretically useful because, among other things, telic power can both conflict with and reinforce our deontic powers. Consequently, this chapter offers a pluralistic account of social power—the power view—that consists of telic power and deontic power, among others.
Other People
Authors: Setiya Kieran
Published: January 2023

This chapter argues for the role of personal acquaintance in both love and concern for individuals as such. We cannot love those we know only by schematic description, and recent treatments of contractualism, aggregation, and the trolley problem, by Johann Frick and Caspar Hare, rely on forms of concern for others that personal acquaintance makes rational but mere description does not. The challenge is to say what personal acquaintance is and why it matters in the way it does. This challenge is addressed through the work of Emmanuel Levinas, who dwells on the moral significance of the face-to-face relation. It is because we relate to them in this way that other human beings make distinctive claims on us. An ethics of personal acquaintance adapted from Levinas sheds light not only on beneficence and love but on the basis of human values and the value of human life.
Method, Concepts, and Bottom-Up Research
Authors: Perez Nahshon
Published: January 2023

This chapter presents the strategies of inquiry and define the basic concepts used. It begins (section 1.1) by defining the “entanglement” of religion and government in the current study. In Worldly Politics and Divine Institutions, “entanglement” denotes cases in which the government is directly involved in religious affairs and institutions in their religious functions and capacities, that is, with religions as such. Next (section 1.2), the chapter presents data to demonstrate how widespread the entanglement of religion and state is in democratic countries. Then (section 1.3) it discusses the study’s casuistic methodology, typified by a careful description of single cases, which are then used to build categories, rules, and other theoretical constructs. Section 1.4 notes that case studies should be followed with an evaluation of both the cases and their concomitant categories, resulting in “layered contextualism.” Finally, section 1.5 discusses the logic of the case selection.
Entanglement of Faith and Government
Authors: Perez Nahshon
Published: January 2023

In the fourth chapter, the aim is to elucidate general lessons regarding the entanglement of religion and government. It begins (section 4.1) by considering the governmental task of choosing which religion(s) to support. This task is examined via two models of choice—“tradition” and “even-handed.” The chapter turns (section 4.2) to examine the kind of information assembling that a government must conduct in order to select and support religions, and the difficulties involved in the centralized provision of religious goods are noted. It continues (section 4.3) by examining the matrix of support that governments may enact for supporting multiple religions. Two versions of this support are discussed: the “end result” and the “procedural.” The chapter then (section 4.4) examines the policy of designing a hegemonic status for a religion in a democracy. Finally, it turns (section 4.5) to examine what is missed when entanglement policies are enacted—the benefits of the free markets of religions.
Conclusion
Authors: Perez Nahshon
Published: January 2023

Five central observations encapsulate the most important findings of this research. Hence, the conclusion is divided into five subsections. In section C.1, the rationale for the casuistic method used in the current study is presented. Section C.2 discusses the complex, hybrid nature of many entangled religion-state institutions. Section C.3 examines the first category of entanglement discussed in this monograph—discrimination conducted by religious associations that are funded by the government—and explores the complexity of institutional solutions that attempt to avoid such discrimination while preserving freedom of religion and association. Section C.4 explores the second category of religion-state entanglement considered in this monograph, the governmental endorsement of religious symbols in public spaces (often the result of majoritarian support). Finally, section C.5 evaluates entangled religion-state systems vis-à-vis their main competitor, the separation model.
Offensive, 1955–1958
Authors: Zeiler Thomas W.
Published: January 2023

By 1955, protectionism had roared back to life, despite the Randall Commission’s recommendations, a Republican president in the free-trade camp, the return of the low-tariff Democrats to the majority on Capitol Hill, and hope that the Cold War might end under new leadership in Moscow. The Soviets under their new premier, Nikita Khrushchev, issued a stiff economic and propaganda challenge to the West, and that made trade liberalization even more urgent for Dwight Eisenhower, including two difficult renewals of the Reciprocal Trade Agreements Act, a controversial fourth round of GATT negotiations, and a rocky try at formalizing a new international trade body, the Organization for Trade Cooperation. Hovering over these trade issues was the Soviet economic offensive across the globe, a communist response to American containment. Moscow tested capitalist peace internationalism and Washington responded, rebooting Cold War tensions and ideological rivalry.
Competition, 1959–1963
Authors: Zeiler Thomas W.
Published: January 2023

Anti-communism remained the context for trade policy, but ironically, capitalist peace strategy seemed secondary to tussles with friends. In this new era, competitive threats emerged from within the Free World alliance that rivaled those from outside of it. These challenges included the inherently discriminatory European Economic Community that threatened to shut out American exports, a fact displayed at the Dillon Round of GATT, when it was obvious that the United States lacked sufficient tariff bargaining authority. The Kennedy administration also dealt with a steadily worsening balance-of-payments deficit that might compel America to cut its defense expenditures in Europe and that might be partially remedied by trade expansion. As a result of these pressures, Kennedy guided a landmark trade bill, the Trade Expansion Act, through Congress, and its dynamic tariff-cutting authority promised large-scale liberalization at the next round of GATT.
Chance of a Lifetime: Giza
Authors: Der Manuelian Peter
Published: January 2023

At Naga ed-Deir four Middle Kingdom administrative papyri turned up in a tomb; these later became known as Papyrus Reisner I–IV, but sat in Berlin for many years with conservator Hugo Ibscher, before reaching the United States. Meanwhile, the Giza Pyramids site was opened for scientific excavation and divided among American (Reisner), German (Steindorff), and Italian (Schiaparelli) expeditions. The American Expedition later “inherited” the Italian concession, and eventually excavated two-thirds of the Giza Necropolis. The Reisners return to Göttingen, where Mary Reisner gives birth on September 8, 1903, to her only child, also named Mary. The “Hearst Camp” at the Pyramids becomes Reisner’s archaeological command center as his Giza excavation strategy develops in the Western Cemetery.
Virtual and Actual Homecomings
Authors: Der Manuelian Peter
Published: January 2023

This chapter opens with the production of the world’s first live NBC radio broadcast from the Pyramids in February 1938. Next, MFA director Harold Edgell visited the expedition in early 1938, enjoying a trip upriver to Quft, the workmen’s hometown. Young University of Chicago PhD candidate Francis “Frank” Allen joined the staff officially, as Reisner tried unsuccessfully to rescue Ludwig Borchardt and his wife from the clutches of Nazism. He had better luck with Georg Steindorff’s emigration to America. Harold Edgell finally succeeded in convincing Harvard to grant Reisner an honorary degree, which now fell on his fiftieth anniversary at Harvard, June 1939. Reluctant to accept at first, he made the voyage home with his family to Boston for the ceremony, staying with MFA president Ned Holmes and his wife Mary, and commencing to write his memoir.
Endgame: Transforming The HU–MFA Expedition
Authors: Der Manuelian Peter
Published: January 2023

This chapter documents life at Harvard Camp during war time and after Reisner’s death. Evelyn Perkins, Frank Allen (often in absentia due to war work), Mohamed Said, and Mahmud Said kept the expedition running, although morale was often low and Rommel was threatening Egypt from the west. Uncertainty about the expedition, the resulting publication, and most importantly the future employment of the men loomed everywhere. Gradually, Perkins, with much assistance, found new jobs for most of the men, many of whom had known no other employment, Disappointment with Frank Allen’s inability to focus on the expedition led to tension. Reisner’s Giza Necropolis volume 1 finally appeared in 1946, after war’s end, the same year that Dows Dunham, William Stevenson Smith, and Jack Cooney from the Brooklyn Museum travelled to Egypt to decide the expedition’s fate. Facing a new spirit of Egyptian nationalism, they packed up, sent to the Cairo Museum or buried remaining finds, assessed the road to completing the Giza publication, and contacted the Egyptian antiquities authorities. Dunham, Cooney, and others made a reconnaissance trip through the Sudan. Crates were shipped to Boston, Harvard Camp was “sold” back to the Egyptian government, and the expedition officially shut down in 1947. However, talks over some kind of ongoing American archaeological presence resulted in the creation of the American Research Center in Egypt (May 14, 1948, in Boston), symbolically built on the foundations of Harvard Camp.
The Matter of Wonder
Authors: Biernacki Loriliai
Published: January 2023

This chapter addresses Abhinavagupta’s formulation of wonder (camatkāra). I suggest Abhinavagupta’s interpretation of the phenomenology of wonder may be helpful for a New Materialism in linking wonder not to a transcendence outside the body and matter, but instead to an awareness of an innate subjectivity within materiality. Referencing yogic states and practices around the breath (prāṇāyāma), Abhinavagupta connects the upward-moving breath to the Fourth State (turya), a state in India classically connected with the idea of transcendence. However, this meditative state is linked not to the up and out of the body that we usually associate with transcendence. Instead, it is figured as movement inward to a deeper sense of subjectivity. This chapter addresses one other truism of wonder and transcendence; transcendence is typically figured as a space of timelessness, above the change of the world. Abhinavagupta instead rewrites time back into this transformed notion of transcendence.
Virtual Holocaust Memory
Authors: Boswell Matthew , Rowland Antony
Published: January 2023

The Holocaust was the defining cataclysm of modernity: now, more than three-quarters of a century later, the immersive, interactive technologies of the digital age are dramatically refashioning our memory of that genocide. Virtual Holocaust Memory offers the first comprehensive account of a unique historical juncture, as twenty-first century digital culture meets the edge of living Holocaust memory. The study considers a range of projects that are being developed by museums, archives, businesses, and educational organizations in the United States and Europe, including interactive video testimony, virtual reality films, augmented reality apps, museum installations, and online exhibitions. Drawing on an original conceptual framework that incorporates connective memory, palimpsestic testimony, and a notion of “truthfulness” first applied to testimonial writing by the survivor Charlotte Delbo, this groundbreaking book argues that the value of virtual Holocaust memory—that is to say its truthfulness—will ultimately come to rest on the connections that it establishes across a complex set of subject positions. These range from “new bystanders,” who encounter Holocaust memory from a position of relative safety, to the traumatized victims whose extreme physical and psychological experiences made communicating so difficult in the first place.
Ghosting the Museum
Authors: Boswell Matthew , Rowland Antony
Published: January 2023

This chapter begins by reflecting on the evocative museum spaces in which Dimensions in Testimony is encountered, focusing on the pilot installation at the United States Holocaust Memorial Museum (USHMM) in 2016. The metatexts that shape a visitor’s experience of a space such as the USHMM, when combined with “survivor sacralization” and a metaphysical “eternity narrative” that positions interactive video testimony as miraculously transcending the border between life and death, have the potential to diminish the truthfulness of interactive testimony. In respect of this eternity narrative, we also consider the museum setting and promotional materials associated with the Forever Project in the UK. Noting that such metatexts are designed to safeguard the enduring relevance of survivor testimony, they also risk creating misunderstandings about the nature of the technology that users are engaging with. We therefore clarify the spatiotemporal relationships that are mobilized in interactive testimony, comparing them to those that characterize more traditional forms of written and oral testimony. We close by drawing on Jacques Derrida’s mischievous pseudo-concepts of “spectrality” and “hauntology” to imagine a post-survivor age in which these installations become haunting machines (or “ghostware”) that give beguiling new meaning to Holocaust memory.
The Virtual Anne Frank
Authors: Boswell Matthew , Rowland Antony
Published: January 2023

This chapter engages with developments in digital media at the Anne Frank House, with close analyses of the Secret Annex Online, the Anne’s Amsterdam app and the first two virtual reality (VR) applications. It argues that the palimpsestic testimony in the Secret Annex Online, in which digital photographs of the annex’s inhabitants merges with a voiceover and historical background, allows for an enriched encounter with the history of Anne Frank and her family. The Anne’s Amsterdam app was available for the iPhone’s App Store: it confronted the viewer with the history of parts of Amsterdam associated with the Frank family as the user walked through the city’s suburbs. The VR applications indicate the continuing ways in which the museum attempts to provide a “truthful” experience for the user in their appreciation of how the annex might have looked like, rather than its unobtainable historical reality.
European Disunion
Authors: Auer Stefan
Published: January 2023

The European Union means many different things to its many peoples. In Germany, for example, the European project was conceived mainly as post-national, or even post-sovereign. In France, by contrast, President Emmanuel Macron has pursued the vision of a sovereign Europe; that is, an EU that would become a formidable geopolitical actor. Yet, instead, Europe has struggled to ascertain its values abroad and even domestically, facing a sovereignist rebellion from its newer member states, such as Hungary and Poland, and the departure of Britain. The eurozone crisis has undermined the EU's economic credentials, the refugee crisis its societal cohesion, the failure to stand up to Russia its sense of purpose, and the Covid-19 pandemic its credibility as a protector of European citizens. The key argument of this book is that the multiple crises of the European project are caused by one underlying factor: its bold attempt to overcome the age of nation-states. Left unchecked, supranational institutions tend to become ever more bureaucratic, eluding control of the people they are meant to serve. The logic of technocracy is thus pitted against the democratic impulse, which the European Union is supposed to embody. Democracy in Europe has suffered as a result.
The Return of the Native
Authors: Duyvendak Jan Willem , Kesic Josip , Stacey Timothy
Published: January 2023

What we are seeing at present is the return or, perhaps better stated, the dramatic increase in the deployment of the category native and, with this, an increasing hostility toward those who are considered non-native. Not only are well-rehearsed nativist discourses of class, race, and religion surfacing in the political mainstream but also, uniquely to this latest resurgence of nativism, liberal ideas and discourses themselves are being held up as ideological benchmarks by which to measure whether or not people belong to the nation. The nativist logic has thus spread across nations, across the political spectrum, from the fringes back into the mainstream, and into heretofore-thought safe political discourses. This book explores how and why this has happened.
Mythical Multiculturalism
Authors: Duyvendak Jan Willem , Kešić Josip
Published: January 2023

Angela Merkel, Nicolas Sarkozy, David Cameron, and Mark Rutte—all have declared that multiculturalism failed. This notion has been particularly prominent in the Netherlands, pervading the discourses of both the left and the right. This chapter critically assesses assumptions at the heart of the “failure of multiculturalism” narrative. It first questions whether there ever was such a thing as a “multicultural model,” a question that is particularly pertinent in the Dutch case. Second, it reflects on whether Dutch “integration policies” have actually failed. In this case, the answer depends on how high the cultural bar is set. It is argued that it is the embrace of monoculturalism, and not a set of objective standards, that creates a widespread perception of the failure of integration policies. The rise of nativism cannot be explained by the alleged failure of any “model” but, rather, by the perceived shortcomings of migrants in the light of recently developed monocultural norms.
Anglo-India and the End of Empire
Authors: Charlton-Stevens Uther
Published: January 2023

People of mixed European paternal and Indian maternal descent were officially redesignated from Eurasians to Anglo-Indians in the Census of India 1911. Anglo-Indians received special provisions in the Government of India Act 1935 and the Constitution of India of 1949–1950. This group's origins date from the first arrival of Europeans at the end of the fifteenth century, but particularly from the British presence in the seventeenth century onwards. Initial openness to and financial incentivisation of marriages with local women (including "mixed-race" offspring of prior unions with other Europeans) gave way to late eighteenth-century prohibitions on mixed-race employment by the East India Company. Although the causes of this dramatic policy reversal are analyzed in the first chapter, unlike earlier academic works, this book focuses on the early twentieth century, through successive constitutional changes up to independence. Anglo-Indians, and their imagined homeland (Anglo-India), offer unique insights into how race, color, and class operated within the Raj's elaborately gradated socioracial hierarchy. Exploring the late colonial period through the prism of this mixed-race community and its concerns provides a substantially different vantage point which subverts the binary of colonizer and colonized, ruler and ruled. Individual and collective Anglo-Indian experiences of communalism, separate electorates, minority group rights, and constitutional power-sharing, help to reframe these issues from the point of view of a smaller, but disproportionately vocal, minority. Foregrounding these perspectives complicates our picture of high politics, the Hindu-Muslim question, and the creation of Pakistan, and related issues that still dominate most narratives of decolonisation.
The Bounded Body
Authors: Serrahima Carlota
Published: January 2023

Bodily sensations are mental states typically suitable to be reported in judgments in which a first-person indexical is used to qualify the felt body. In other words, subjects typically have a sense of bodily ownership for the body that they feel in bodily sensations. This chapter puts forward, firstly, three desiderata that theories on the sense of bodily ownership should meet. Secondly, it assesses two views that account for the sense of bodily ownership in terms of the spatial content of bodily sensations appealing to a notion of a sense of boundedness, and argues that they do not meet the goals defined.
Youth and Age
Authors: Walsham Alexandra
Published: January 2023

This chapter investigates the role played by people at different stages in the life cycle in the making of England’s long and plural Reformations. It tests suggestions that the successive phases of religious upheaval precipitated by the ecclesiastical upheavals of the 1530s, 1540s, and 1550s entailed forms of youthful rebellion and analyses the intergenerational tensions and reversals of the age hierarchy to which these revolutionary events were perceived to give rise. It considers some of the paradoxes of youth and age in a society that distrusted novelty and revered antiquity and probes the significance of the recurrent use of these tropes in the religious controversy of this era. Approaching age as a stage of spiritual growth as well as a biological phase, the chapter also explores the role of liturgical rites of passage, catechizing, and evangelical conversion in the Reformations. Finally, it engages critically with the idea that the authority of the old was steadily eroded in the course of the sixteenth and seventeenth centuries.
Kith and Kin
Authors: Walsham Alexandra
Published: January 2023

This chapter investigates the role of kith and kin in the religious developments that fractured English Christianity in the sixteenth and seventeenth centuries. Emphasizing the part played by mothers and fathers in spiritual instruction, it examines the revival of domestic religion and its role as both a bulwark of and challenge to the ecclesiastical and political status quo. It shows that the Reformations served to foster the formation of families and households divided by faith as well as united by zeal. Simultaneously, they spawned movements and sects that described themselves as the children of God, as well as societies of sisters, brothers, cousins, and friends. It contests the suggestion that the religious developments of the early modern period were corrosive of ties of spiritual kinship and contends, on the contrary, that these were reinforced by the advent of Protestantism, the proliferation of sects, and the reinvigoration of Catholicism in England and the religious houses it engendered in exile in Europe
Blood and Trees
Authors: Walsham Alexandra
Published: January 2023

This chapter focuses on ancestry and genealogy. It explores the neglected connections between contemporary fascination with questions of lineage, blood, birth, and descent, as manifested in the production of pedigrees, and the religious impulses and upheavals of the era. It argues that the biological and spiritual, dynastic and confessional dimensions of the genealogical craze must be assessed in conjunction with each other. The chapter investigates the interweaving of biblical, secular, and polemical genealogy and demonstrates that genealogical thinking stretched further downwards into English society than has previously been recognized. Attentive to the pervasive influence of theology and Scripture in this society and culture, it also sheds fresh light on contemporary assumptions about sex and original sin; pregnancy, fertility, and childbirth; and race and heredity.
Discrimination Law
Authors: Fredman FBA KC Sandra
Published: January 2023

This book is a challenging, thought-provoking yet highly accessible introduction to discrimination law. It takes a thematic approach, illuminating the major issues in discrimination law, while imparting an in-depth understanding of the strengths and weaknesses of legal responses to complex social problems of inequality. This is enhanced by the comparative approach. By considering equality law in the UK, US, India, Canada, and South Africa, as well as the European Union and under the European Convention on Human Rights, the book exposes common problems across different jurisdictions and canvasses a variety of differing legal solutions. As in the highly successful previous editions, the book locates discrimination law within its historical and social context. One of its major strengths is the development of an analytic framework of substantive equality, drawing on a range of sources, and the author’s wide experience of equality law in many jurisdictions. Chapters 2 and 3 chart the historical, economic, and social challenges and legal responses in relation to the main sources of discrimination: gender, race, disability, religion and belief, age, and LGBTQI rights. Chapter 4 addresses the ways in which different jurisdictions formulate grounds of discrimination or protected characteristics; while Chapter 5 deals with the meaning of key concepts such as direct discrimination (disparate treatment); indirect discrimination (disparate impact); and when limitations on equality are legitimate. Chapter 6 tests these concepts in some of the most challenging contexts: pregnancy and parenting, equal pay, reasonable accommodation, and sexual harassment, while Chapter 7 examines the particularly controversial issue of affirmative action or deliberate preference policies. Chapter 8 asks how the right to equality can be made more effective, critically assessing the paradigm individual complaints model, and possible alternatives, from class actions and strategic litigation to mainstreaming and positive duties to promote equality.
Social Context and Legal Developments
Authors: Fredman FBA KC Sandra
Published: January 2023

Anti-discrimination law is necessarily a response to particular manifestations of inequality, which are themselves deeply embedded in the historical and political context of a given society. Discrimination laws are only effective if they are moulded to deal with the types of inequalities which have developed in the society to which they refer. The legal framework has, in turn, developed and changed in response to a variety of influences. This chapter examines the challenges in relation to gender, race, ethnicity, and religion. In each case, it considers the historical, political, and social context in the UK (including the EU and ECHR), US, Canada, India, and South Africa and traces the ways in which the legal framework on the right to equality and non-discrimination has evolved to address these challenges. It considers, in particular, the role of patriarchy, slavery, racism, religious intolerance, and their intersections.
The Scope of Discrimination Law
Authors: Fredman FBA KC Sandra
Published: January 2023

This chapter examines which characteristics ought to be protected against discrimination and why. Although there is now a general consensus that sex or gender and race should be within the list of grounds of discrimination, even these were only achieved after struggle and controversy. It is only relatively recently that other grounds, such as disability, sexual orientation, and age, have been accepted as attracting special protection. Some jurisdictions provide a fixed list of grounds; others leave the issue open-ended; while a different approach is to enumerate some grounds, allowing them to be further developed by courts. This raises the question of whether there is a unifying principle drawing all these together into a coherent whole and, if so, what is it. To what extent can the choice of grounds be explained by the underlying aims of equality? And who should make the decision: courts or legislatures? Section I of this chapter addresses these questions. A related concern is the reach of equality law. Should discrimination on these grounds be unlawful in all walks of life or only in specific spheres, such as employment and education? Should both public and private actors be bound? Equality laws in many jurisdictions derive from a constitutional guarantee which may well bind only the State and not private actors. Only if legislation is specifically passed pursuant to such guarantees will private actors be bound. Section II of the chapter examines the reach of anti-discrimination law while Section III considers who is bound by such laws.
Symmetry or Substance
Authors: Fredman FBA KC Sandra
Published: January 2023

This chapter examines the controversial issue of preference policies, often known as affirmative action or reverse discrimination. Although some regard deliberate preferences on grounds of race or sex as a breach of equality even if the aim is to reverse previous discrimination, the chapter argues that these are a means to achieve substantive equality. Section I briefly rehearses the main contours of the debate between formal and substantive equality and how this affects the legitimacy of affirmative action. Section II sets out the tools for assessing different jurisdictions’ approach to affirmative action. How do courts articulate the aims of affirmative action? What standard of scrutiny do they regard as appropriate to assess whether affirmative action achieves these aims? Given that most cases are brought by excluded third parties claiming to be victims of discrimination due to preference policies, how do courts fashion a conception of discrimination to respond to these claims? Are preference policies regarded as instances of discrimination, exceptions to discrimination, or ways of furthering equality? Even more complex are cases in which preference policies pit one type of disadvantage against another. How do courts assess the delineation of beneficiaries, particularly in the context of intersectionality? Section III takes a deeper dive into different jurisdictions’ approaches to preference policies. Three types of approach are examined. The first views reverse discrimination as a breach of equality. The second considers it as an exception to equality, to be narrowly construed. The third approach regards reverse discrimination as a means to achieving substantive equality.
Making Equality Effective
Authors: Fredman FBA KC Sandra
Published: January 2023

This chapter considers ways of making equality more effective by improving methods of enforcement and remedies. Section II assesses the individual complaints model, demonstrating its limitations as an engine for change. Reliance on a complaints model places an inordinate burden on individual victims and has little impact on systemic and structural discrimination. Section III examines ways in which the complaints model might be strengthened, through class actions, strategic litigation, and agency enforcement, and touches on how courts can be mobilized by social movements. Section IV turns to approaches which depart from the dependency on individual initiative and instead require proactive action from those in the best position to bring about change. It assesses several approaches, such as the public sector equality duty in the UK, Canadian employment equity legislation, and contract compliance in the US. Despite the great potential of proactive measures, in practice they easily slide into mere bureaucratic compliance. This section briefly attempts to explain these challenges in terms of different regulatory models, such as reflexive law, responsive law, and endogenous theories of law. The challenge remains to achieve the appropriate synthesis between harnessing the energy of responsible bodies to provide creative responses to systemic discrimination, and effective regulatory measures which can pierce the façade of compliance. Central to this is the need to involve those who are affected, as well as trade unions and civil society stakeholders, in defining the problem and in holding bodies to account.
NLRP3, the inflammasome and COVID-19 infection
Authors: Yin Maureen , Marrone Laura , Peace Christian G , O’Neill Luke A J
Published: January 2023

Severe coronavirus disease 2019 (COVID-19) is characterized by respiratory failure, shock or multiorgan dysfunction, often accompanied by systemic hyperinflammation and dysregulated cytokine release. These features are linked to the intense and rapid stimulation of the innate immune response. The NACHT, LRR and PYD domains-containing protein 3 (NLRP3) inflammasome is a central player in inflammatory macrophage activation which via caspase-1 activation leads to the release of the mature forms of the proinflammatory cytokines interleukin (IL)-1β and IL-18, and via cleavage of Gasdermin D pyroptosis, an inflammatory form of cell death. Here, we discuss the role of NLRP3 activation in COVID-19 and clinical trials currently underway to target NLRP3 to treat severe COVID-19.
Use of Ecological Theory to Understand the Efficacy and Mechanisms of Multistrain Biological Control
Authors: Price-Christenson Gabriel , Yannarell Anthony
Published: January 2023

Since the 1970s, over 6,500 articles have been published about microbial biocontrols and over 200 microbial isolates have been registered for commercial use. However, many of these solutions have seen limited use due to limitations with their in-field efficacy. Even when multiple biocontrol agents are combined to create multistrain biocontrols, the resulting combinations can be less effective than the individual agents. One likely contributor is due to how multistrain microbial biocontrols are created. Multistrain microbial biocontrols are generally produced under controlled settings that are divorced from the ecological conditions they will need to function under. Traditionally, researchers culture, identify, and screen isolates for pathogen suppression traits. Then these researchers will combine the most promising isolates in an attempt to create more effective solutions. This approach, while effective for identifying suppressive isolates and determining the mechanisms of pathogen suppression, does not take into consideration the variability of natural environments, nor the complex ecological interactions that occur between plant hosts, pathogens, and component biocontrol agents, thus limiting the range of circumstances that these multistrain solutions can reliably succeed. To address these limitations, we suggest the application of relevant ecological theory to determine which isolates should be combined to create more reliable multistrain biocontrols. In this synthesis, we build on prior work focused on addressing plant pathogens through the use of multistrain microbial biocontrols, but we argue that viewing this work through the lens of ecology reveals key “design principles” from natural communities that are stable, functioning, and comprise multiple species.