bluuebunny/crossref_metadata_2025 huggingface dataset:
Conclusions: Electoral Dynamics in Times of Changing Welfare Capitalism
Authors: Manow Philip , Schwander Hanna , Palier Bruno
Published: May 2018

The Conclusion summarizes the most important findings of the book. It states a homogenization of European party systems, the emergence of a new combination of leftist socio-economic and rightist socio-cultural positions in many parties, and the rise of the radical right in the north of Europe and the radical left in the south. The contributions of this book also indicate a confluence toward renewed welfare state support among both parties and voters. Finally, center-right parties in power in continental and northern European countries, being under pressure from their rising radical right competitors, push for tougher austerity measures throughout the EU. These measures, or even just the rhetoric, further fuel the success of the radical left in the southern periphery. Hence, the Europeanization of political dynamics, combined with incompatible growth models, has created pronounced European cleavages.
Defining the Nature of Belief
Authors: Zimmerman Aaron Z.
Published: May 2018

The author offers a pragmatist definition of belief. To believe something at a given time is to be so disposed that you would use that information to guide those relatively attentive and self-controlled activities you might engage in at that time, whether these activities involve bodily movement or not. This definition is then unpacked and applied to examples. The analysis is relatively straightforward when applied to assertions, but the pragmatists insisted that our beliefs are manifested in a wide variety of non-discursive behaviors, many of which involve the dissociation of attention from control within the execution of a task. Neuroscientist M. Jeannerod’s experiments reveal this complexity. The author argues that these experiments complicate matters, but they do not support “will scepticism.” Contemporary cognitive neuroscience is compatible with a number of different analyses of belief, but it meshes at least as nicely with Bain’s pragmatic conception as any other.
Belief and Pretense
Authors: Zimmerman Aaron Z.
Published: May 2018

Intellectualists argue that concern for the truth must be essential to belief if belief is to be distinguished from imagination, pretence, and acceptance for the sake of argument or inquiry. In response to these objections, the author utilizes the Aristotelian idea of potentiality that Bain deployed when framing his account of belief. Beliefs are “poised” to inform a wider range of behaviors than states of pretence or provisional assumption. But these are differences in degree, not kind. Delusions provide an interesting test case, and the author offers a “three factor” analysis of this syndrome. The typical Capgras patient believes that one of her family members has been replaced with an impostor. But if she fails to act or reason on that information in all of the contexts in which she acknowledges its relevance, the pragmatist definition classifies her belief as incomplete.
Introduction
Authors: Henderson Andrea
Published: May 2018

Victorian England witnessed a reconception of mathematics as a formal rather than a referential practice—as a means for describing relationships rather than quantities. The value of a mathematical claim lay not in its capacity to describe the world but its internal coherence. Victorian mathematics thus contributed to the development of liberal capitalism by justifying abstraction: liberals proclaimed that formal consistency was the foundation of a rational, equitable order, and marginalist economists insisted that value was not inherent but relational, and made economics a branch of mathematics. Marx, meanwhile, profited from the insights of mathematical formalism even as he resisted its mystification. In its privileging of formal relationships Victorian mathematics redefined all fields around it, even redefining Kantian formalism such that mathematics and art came to share the same virtues: they couldn’t claim to offer truths about the world itself but they insisted that they told a deeper, formal truth.
‘Our King Salomon’
Authors: Brownlee Victoria
Published: May 2018

Chapter 2 investigates the importance of King Solomon to visual conceptions of monarchical authority after the break with Rome. Although popular, figurations of England’s monarchs as antitypes of Solomon were complex and exegetically demanding, not least because Solomon ended his life as an idolater. Unsurprisingly, contemporary applications of Solomon’s narrative use this biblical text selectively. Yet, when scrutinized more closely, many such readings struggle to occlude fully the unhappy death of scripture’s famously wise king. This chapter considers the anonymous Latin play Sapientia Solomonis (1565/6), George Peele’s The Love of King David (1594), and John Williams’ funeral sermon for King James I (1625) to argue that the biblical narrative of scripture’s famously wise king became a popular, yet problematic, means of responding to the relocation of sacred authority after the Reformation.
Typologies of Marian Maternity
Authors: Brownlee Victoria
Published: May 2018

Chapter 5 focuses on female readings of the fleshly connection between Christ and his mother, Mary. For Aemilia Lanyer and Dorothy Leigh, Mary’s material labour had spiritual consequences because, in delivering Christ, she delivered God’s plan for salvation and inaugurated the new covenant which atones for Eve’s sin. Yet a typological reading of the scriptures also allows these writers to suggest that the new covenant initiates a form of maternity that has, within the Christological dispensation, profound spiritual resonance. For if, as Salve Deus and The Mothers Blessing advocate, the Bible is read typologically, Mary’s maternity becomes a mechanism of deliverance for all women, and inaugurates a form of maternity rich in spiritual issue and consequence.
History’s Second-Hand Bookshop
Authors: Lecourt Sebastian
Published: May 2018

This chapter argues that George Eliot too conflated religion with race as a resource for secular individualism, but also that she thought more deeply about what consequences this move held for a major liberal keyword: reading. Eliot’s The Spanish Gypsy (1868) and Daniel Deronda (1876) both stage a character’s recuperation of ethnic inheritance (Gypsy and Jewish, respectively) but only in Deronda does this recuperation successfully yield a many-sided individuality. This is because, as Eliot sees it, Judaism’s scriptural dimension allows one to fashion an idiosyncratic relationship to its racial history. Yet this valorization of scripture as the site at which one can personalize one’s relationship to tradition also runs up against Eliot’s long-standing wariness toward Protestant private interpretation—a fact that Deronda tries to get around by evaluating characters, not according to how well they interpret texts, but by how they relate to books as material metonyms of the past.
National Supernaturalism
Authors: Lecourt Sebastian
Published: May 2018

This chapter examines how the late-Victorian folklorist and critic Andrew Lang reinvented the idea of many-sidedness as a populist polemic—one that showed W. B. Yeats how to recuperate the old moves of literary nationalism for a global modernism. Although Lang had been Arnold’s student at Oxford, his seminal anthropological treatises insisted that many-sidedness could best be cultivated not by sampling “the best which has been thought and said in the world” but rather by omnivorously embracing ancient folk tales alongside pop fiction. Yet Lang’s populism was also predicated upon a crypto-Romantic view of folklore as talismans of an endangered authenticity out of place in the modern world. This buried essentialism ultimately alienated Lang from mainstream anthropology, but it would also teach the young Yeats that presenting the national as the primitive and the primitive as the occult allowed one to frame Irish folk literature as simultaneously local and cosmopolitan.
Coda
Authors: Lecourt Sebastian
Published: May 2018

This brief coda considers the advantages of making the aesthetic a key term in our thinking about secularism. Accounts of Victorian secularization often treat the aesthetic as a kind of fetishized shell for the vanished contents of belief. What Arnold, Eliot, and Pater show us is how aesthetic thought offered Victorian writers something more nuanced: a rubric for mapping out the different spaces and distributions of religion in the modern world. Approaching the problem in this way, we not only gain new interest in Arnold and Pater as secularist thinkers but also discover how their work informed early theorists of cultural pluralism such as Horace Kallen and John Dewey, who were steeped in Victorian social criticism and based their models of the social upon Arnoldian images of society as an aesthetic harmony of fixed differences.
Conjoining Meanings
Authors: Pietroski Paul M.
Published: May 2018

Humans naturally acquire languages that connect meanings with pronunciations. These distinctive languages are described here as generative procedures that respect substantive constraints. Children acquire meaningful lexical items that can be combined, in certain ways, to form meaningful complex expressions. This raises questions about what meanings are, how they can be combined, and what kinds of meanings lexical items can have. This book argues that meanings are neither concepts nor extensions, and sentences do not have truth conditions. Rather, meanings are composable instructions for how to access and assemble concepts of a special sort. More specifically, phrasal meanings are instructions for how to build monadic concepts (a.k.a. mental predicates) that are massively conjunctive, while lexical meanings are instructions for how to fetch concepts that are monadic or dyadic. This allows for polysemy, since a lexical item can be linked to an address that is shared by a family of fetchable concepts. But the posited combinatorial operations are limited and limiting. They impose severe restrictions on which concepts can be fetched for purposes of semantic composition. Correspondingly, the argument here is that in lexicalization, available representations are often used to introduce concepts that can be combined via the relevant operations.
Massively monadic, potentially plural
Authors: Pietroski Paul M.
Published: May 2018

This chapter offers evidence for the following hypothesis: the concepts fetched via lexical meanings are predicative (monadic) or minimally relational (dyadic), even though we often lexicalize concepts of other types. Denoting concepts are used to introduce predicative analogs, while “supradyadic” concepts are used to introduce predicative and/or dyadic analogs. Given a Fregean language, lexicalization could be a more transparent process in which concepts are simply labeled with words of matching types. In this sense, lexicalization effaces certain conceptual distinctions; and it is argued that mass/count/plural distinctions provide another illustration of this point. In this context, there is discussion of Boolos’s plural interpretation of second-order quantification, which also plays a role in chapter seven.
Immigration and Welfare State Retrenchment
Authors: Spies Dennis C.
Published: May 2018

Is large-scale immigration to Europe incompatible with the continent’s generous and encompassing welfare states? Are Europeans willing to share welfare benefits with ethnically different and often less well-off immigrants? Or do they regard the newcomers as undeserving and their claim for welfare rights as unjustified? These questions are at the heart of what has become known as the “New Progressive Dilemma” (NPD) debate—and the predominant answers given to them are rather pessimistic. Pointing to the experiences of the US, where a multi-racial society in combination with a longstanding history of immigration encounters very limited welfare provision, many Europeans fear that the continent’s new immigrant-based heterogeneity may push it toward more American levels of redistribution. But are the conflictual US experiences really reflected in the European context? Immigration and Welfare State Retrenchment addresses this question by connecting the New Progressive Dilemma debate with comparative welfare state and party research in order to analyze the role ethnic diversity plays in welfare reforms in the US and Europe. Whereas the combination of racial patterns and party politics had and still has serious consequences for the US welfare system, the general message of the book is that these are not echoed in the Western European context. In addition, while many Europeans are very critical of immigration and prepared to ban immigrants from welfare benefits, both the institutional design of European welfare programs and the economically divided anti-immigrant movement prevent immigration concerns from translating into actual retrenchment in the core areas of welfare.
Between the Old and the New
Authors: Gheciu Alexandra
Published: May 2018

Building upon the analysis of international developments in Chapter 4, Chapter 5 returns to recent developments in the national arenas of Bulgaria, Bosnia, Romania, and Serbia. The chapter examines the fluidity and complexity of the practices of performing security that have resulted from the insertion of those polities into the European field of security in combination with the persistence of some old actors, attitudes, and non-material resources. By examining how security is performed in the context of the intersection of European and global factors and actors with national players and local dynamics, the chapter seeks to give readers a better sense of what “glocalization” actually looks like in specific settings. The chapter shows that, in parallel to EU-level dynamics, in each of the four polities examined in the book PSCs cooperate with state officials, but also engage in practices of contestation over the “rules of the game” of security provision.
Sarah Jones and the Appearance of the Quaker Light
Authors: Hinds Hilary
Published: May 2018

This chapter focuses on a three-page pamphlet by Sarah Jones, This is Lights Appearance in the Truth (1650), often discussed as a proto-Quaker statement written before the movement cohered and achieved critical mass in 1652–3. It reviews the available evidence regarding the pamphlet’s date of publication and the identity of its author, to conclude that these are almost entirely undecidable. In the absence of such authorizing details, the chapter proposes an alternative method of discussing the importance of this pamphlet to early Quaker history and theology, rooted in an attentive textual and contextual close reading of the pamphlet. It argues that this history is as discernible in the structure and idiom of the text itself without need for recourse to the author-figure or publication history.
Margaret Fell, Mother of the New Jerusalem
Authors: Polder Kristianna
Published: May 2018

This chapter examines the radical matriarchal identity of Margaret Fell (1614–1702), an indispensable figure in early Quakerism who promoted, funded, defended, and monitored the growth of the movement both in the north of England, where she was based, and across Great Britain. Fell’s identity as the ‘mother of Quakerism’ has been frequently associated with more apparently private roles, such as that of wife and mother. Fell instead lived as a Spiritual Mother in the context of the arrival of ‘the New Jerusalem’, an apocalyptic framework that challenged gendered social constraints and freed women from the curse of mother Eve. Various vignettes from Fell’s biography reveal matriarchal activities that were countercultural and politically assertive. Fell emerges as an autonomous and powerful mother, wife, and Spiritual Matriarch, free from the strictures of seventeenth-century society.
Reply to Strawson 2
Authors: Cappelen Herman
Published: May 2018

This chapter considers a second response to Strawson’s challenge, which contends that conceptual engineering can be appropriate even when it does not preserve topic, due to the importance of what are called ‘lexical effects’. It begins by introducing some examples of lexical effects, which are cognitive and emotive effects caused by a word that are not part of its semantics or its pragmatics. It then articulates the idea that a non-topic-preserving change of meaning can be motivated by desirable lexical effects of certain words. For example, it may be important to continue to use the word ‘marriage’ despite a change of topic because of the associations this word has to celebration, love, commitment, and so on. It then lays out some of the risks of non-topic-preserving meaning change, focusing on the potential for miscommunication and verbal disputes. It concludes that the exploitation of lexical effects ought to be avoided.
On Appeals to a Concept’s Purpose or Function
Authors: Cappelen Herman
Published: May 2018

This chapter considers defenders of conceptual engineering who have appealed to the idea that concepts have non-trivial functions, which ought to be preserved through the process of amelioration. Appeals to this idea in the work of Sally Haslanger, Ingo Brigandt, and Amie Thomasson are discussed. It is argued that although concepts might have interesting functions in a given context, the only invariant function of a concept is the trivial function of picking out its referent (i.e., the function of the concept of ‘tiger’ is to denote tigers). Hence, appeals to functions are not helpful for conceptual engineers.
Concluding Remarks and the Limits of the Intellect
Authors: Cappelen Herman
Published: May 2018

Calling the topic of this book ‘conceptual engineering’ wasn’t an easy choice and arguably it wasn’t a good one. At the end of the day—looking at the positive proposal as a whole—there aren’t any concepts involved and there’s hardly any engineering. I’ve given you a theory of conceptual engineering without concepts and without engineering. The things most philosophers and psychologists call ‘concepts’ play no role. And there’s very little engineering because the changes that happen are the result of inscrutable external factors that we lack control over. So why use the expression ‘conceptual engineering’ when it turns out to be so misleading?...
Epistemic Closure in Folk Epistemology
Authors: Beebe James R. , Monaghan Jake
Published: May 2018

This chapter reports the results of four empirical studies that investigate the extent to which an epistemic closure principle for knowledge is reflected in folk epistemology. Previous work by Turri (2015a) suggested our shared epistemic practices may only include a closure principle that applies to perceptual beliefs but not to inferential beliefs. The chapter argues that the results of these studies provide reason for thinking individuals are making a performance error when their knowledge attributions and denials conflict with the closure principle. When the chapter authors used research materials that overcome proposed difficulties with Turri’s original materials, they found that participants did not reject closure. Furthermore, when they presented Turri’s original materials to non-philosophers with expertise in deductive reasoning, they endorsed closure for both perceptual and inferential beliefs. These results suggest that an unrestricted closure principle provides a better model of folk patterns of knowledge attribution than a source-relative one.
The Revolving Door in International Investment Arbitration
Authors: Langford Malcolm , Behn Daniel , Lie Runar
Published: May 2018

It is often claimed that international investment arbitration is marked by a revolving door: individuals act sequentially and even simultaneously as arbitrator, legal counsel, expert witness or tribunal secretary. If this claim is correct it has implications for which individuals possess power and influence within this community; and ethical debates over conflicts of interests and transparency concerning ‘double hatting’—when individuals simultaneously perform different roles. In this chapter we offer a comprehensive empirical analysis of the individuals that make up the entire investment arbitration community; and provide the first use of social network analysis to describe the full community and address key sociological and normative questions in the literature. Our results partly contradict recent empirical scholarship as we identify a different configuration of central ‘power brokers’. Moreover the normative concerns with double hatting are partly substantiated. A select but significant group of individuals score highly on our double hatting index.
Bread of Heaven
Authors: Brooke Alice
Published: May 2018

This chapter analyses the treatment of knowledge in El cetro de José. First, it demonstrates how Sor Juana builds on the theories of demonic knowledge put forward by Thomas Aquinas and Francisco Suárez to present the dangers of reliance on natural knowledge without the need for faith. In particular, it explores the unreliability of conjecture to distinguish between reality and appearance, and thus to understand both the literal and the figurative significance of things. It then explores how Sor Juana uses her two protagonists, José and Jacob, to put forward an approach to the relationship between knowledge and faith that emphasizes the importance of both the finite and the infinite, and the visible and the invisible, to a full understanding of both the material world and its transcendental significance.
The Constant Prince
Authors: Brooke Alice
Published: May 2018

The final chapter of this study analyses Sor Juana’s most perplexing auto, El mártir del Sacramento, San Hermenegildo. It argues that the key to understanding the play lies in its engagement with Neostoic writings on constancy. Thus, the play can be seen to present Hermenegild as the ideal Lipsian prince who develops this virtue until he rejects all worldly power and accepts his martyrdom. However, a careful examination of the treatment of sensory perception in the play, in particular its use of optical devices, demonstrates how Sor Juana sought to reconcile this promotion of Neostoic morality with a tempered epistemological optimism. Furthermore, an examination of the loa and its connection to the Carta atenagórica and the Respuesta sheds further light on the relationship between this play and the New Philosophy, and Sor Juana’s defence of her own participation in this circulation of new ideas.
From Personal Life to Private Law
Authors: Gardner John
Published: May 2018

The book examines some of the philosophical foundations of private law, particularly the law of torts and the law of contract, arguing that the law’s problems and solutions are often much the same as those that we encounter in our personal lives, and have much the same rationales. Arguing against the idea that private law operates as an autonomous moral domain, and simultaneously against the idea that it is a tool of welfarist social policy, the book emphasizes the affinity between ideas of duty, responsibility, and reparation in private life and those same ideas in the law. In particular, the book traverses questions about the nature and justification of relational duties, the relevance of an action’s outcome to that action’s appraisal, the case for an agent to be the repairer of his or her own derelictions, the value of apology and other expressions of regret, the importance of restoring what one loses, and the value of opting to make a fresh start. The book is based on the Quain Lectures delivered by the author in 2014, which have been substantially revised and expanded.
That’s the Story of My Life
Authors: Gardner John
Published: May 2018

This chapter shifts attention from the wrong to the loss that is suffered by the person who is wronged. It considers the basis on which such losses can intelligibly be attributed to the wrongdoer. The chapter argues that the problem goes right to the heart of the theory of human action. There cannot be human action at all—or even a decision to act—if there cannot be human action that is partly constituted by the way it turns out. There is no reason to decide, never mind a reason to attempt, if there is no reason to achieve, succeed, bring about what one decided, and so on. An explanation of action, in short, depends on an explanation of the possibility of causal responsibility. The problem faced by private law, then, is not so much the problem of explaining how losses matter, as much as the problem of explaining where we should stop.
Epidemics in Antiquity
Authors: Cohn, Jr. Samuel K.
Published: May 2018

This chapter refutes present claims that epidemics in antiquity led to blame of the ‘other’. By assembling contemporary descriptions, explanations, and consequences of ancient epidemics, this chapter overturns a second commonplace about ancient epidemics: that contemporaries understood them within a moral universe, in which plagues arose from the evil deeds of individuals usually within the political sphere, such as betrayals, unjust wars, violations of peace, and breaches of justice, and as a consequence, the gods punished communities with epidemic disease. Such explanations, however, clustered in undatable, mythological time. Instead, classical authors explained the majority of epidemics solely by natural phenomenon—climate, famine, bad food and unaccustomed diets, vapours from unburied corpses, polluted rivers, etc. These explanations did not cast blame on anyone, including the enemies of the afflicted, who may have created the preconditions that brought about these plagues.
Cholera on the Continent and in America
Authors: Cohn, Jr. Samuel K.
Published: May 2018

While describing the peculiarities of cholera myths and riots from Asiatic Russia to Quebec, 1831–7, this chapter emphasizes the remarkable similarities across national and linguistic divides, oceans, and political regimes. The chapter argues first that this pan-regional mental landscape with the poor and marginal lashing out against elites and the medical profession cannot be explained by political events, regimes, or other causes particular to local settings. Secondly, these beliefs and struggles, instead of fading with successive waves of cholera, continued in places such as Russia, parts of Eastern Europe, Spain, and Italy. Moreover, their geographic scope and violence could increase, as with the total destruction of the industrial town of Hughesofka (today Donetsk) and riotous crowds reaching 10,000 in Astrakhan in 1892, murdering governors, counts, and physicians. As Fernand Braudel taught us long ago, pan-regional phenomena cannot be explained by local events.
Smallpox and Collective Violence
Authors: Cohn, Jr. Samuel K.
Published: May 2018

This chapter discloses seventy-two incidents of smallpox collective violence from gangs of twenty-five to riots involving thousands of people, lasting weeks, and conquering entire districts of major cities, such as Milwaukee, Wisconsin, and Montreal. For the most part, these ‘mobs’ comprised ‘respectable citizens’ who torched smallpox hospitals, cremated the diseased victims, or ‘riddled’ their bodies with bullets. As with the individual acts of violence explored in the previous chapter on smallpox (Chapter 11), these attacks rose in number only with the epidemic of 1881–2 and turned on class and racial hatred of ‘the Negro’, ‘Bohemian’, ‘Chinaman’, and recent immigrant.
Plague since 1894
Authors: Cohn, Jr. Samuel K.
Published: May 2018

The plague riots in India, which amassed crowds of up to 10,000, followed by strikes and shop closures, were larger than cholera’s, and arrests and executions could also surpass cholera-related repression. Occasionally, myths spread of doctors poisoning Indians or selling their body parts for cures, and some have concluded that plague and cholera riots were much the same. They were not. While cholera violence drove deep wedges into the fabric of societies, plague riots united communities, even Muslims and Hindus, in common cause against abusive military searches and colonial measures that violated religious customs, destroyed property, and humiliated women. In contrast to cholera riots, which showed few signs of pre-planning or leadership, petitions, peaceful demonstrations, and efforts to negotiate usually preceded the plague protests. Unlike cholera riots, plague protests did not turn on distrust of Western medicine. Instead, Indians lambasted governments for not pursuing the latest scientific findings.
Plague Beyond India
Authors: Cohn, Jr. Samuel K.
Published: May 2018

This chapter investigates whether plague protest in India can be generalized for the rest of the world. Outside India such riots were far fewer and on a smaller scale. Plague riots in China added an ingredient rarely seen in India—violence against foreigners accused of plague spreading. Yet the Chinese protests resembled the Indian in railing against severe plague regulations (isolation and military searches) and forming class alliances. Plague riots in the Middle East, more prevalent than in Europe, were remarkably secular and economically motivated, even when occurring at pilgrimage sites and comprising religious leaders and religious students. San Franciscan attitudes to plague radically departed from those previously seen in that city towards smallpox and tuberculosis. While those diseases divided San Francisco by class and race, plague demonstrations united the Chinese and white citizens against US public health legislation that enforced prejudicial quarantines and compulsory inoculation on the Chinese alone.
Yellow Fever
Authors: Cohn, Jr. Samuel K.
Published: May 2018

As measured by mass evacuation of cities, yellow fever provoked more fear and panic than any other epidemic disease in US history. This chapter concentrates on two of the most devastating epidemics in US history, yellow fever in Philadelphia in 1793 and in Memphis in 1878. Despite different times, medical ideas, and cultural horizons, their socio-psychological effects were similar: they began in chaos and with acrimony, but quickly sentiments turned, sparking abnegation and compassion that united these cities across ethnic, class, and racial boundaries. In both cities, the protagonists of the new waves of compassion were young men, and in Memphis yellow fever relief centred on established men’s social clubs as well as creating new ones.
The Great Influenza
Authors: Cohn, Jr. Samuel K.
Published: May 2018

This chapter examines evidence principally from the US that the Great Influenza provoked profiteering by landlords, undertakers, vendors of fruit, pharmacists, and doctors, but shows that such complaints were rare and confined mostly to large cities on the East Coast. It then investigates anti-social advice and repressive decrees on the part of municipalities, backed by advice from the US Surgeon General and prominent physicians attacking ‘spitters, coughers, and sneezers’, which included state and municipal ordinances against kissing and even ‘big talkers’. It then surveys legislation on compulsory and recommended mask wearing. Yet this chapter finds no protest or collective violence against the diseased victims or any other ‘others’ suspected of disseminating the virus. Despite physicians’ and lawmakers’ encouragement of anti-social behaviour, mass volunteerism and abnegation instead unfolded to an extent never before witnessed in the world history of disease.
Epilogue: HIV/AIDS
Authors: Cohn, Jr. Samuel K.
Published: May 2018

Unlike previous chapters, which are driven by the primary sources, this one relies on works by scholars and activists. From studies of the US, Australia, and Africa, this chapter finds a sharp break during the early 1990s in perceptions of HIV/AIDS’s social and political consequences. From emphasizing hate, violence, discrimination, and stigmatization, AIDS scholars and activists began focusing on the outpouring of volunteerism, charity, compassion, and successes from political activism: organizational developments (CBIs), volunteerism across communities—gay and straight, creativity in the arts, reshaping doctor–patient relations, the enhanced importance of nursing, achievements within the power structures of cities, and advances in gay and lesbian rights. This chapter brings together the book’s three principal categories for exploring the social side effects of epidemics in history—hate, compassion, and politics.
Contesting Energy Security in the United States
Authors: Nyman Jonna
Published: May 2018

Chapter 4 challenges these common sense energy security practices by looking at the space for contestation. It reverses the focus to examine the role of power and vested interests in establishing the common sense in the United States. It then looks at how, despite this, energy security remains contested, surveying alternative visions of energy security forwarded. It highlights the range of actors and organizations which speak energy security differently, including, at times, voices within the establishment. This is used to destabilize the common sense by illustrating that energy security not only can be done differently, but that a wide range of actors already present a range of alternatives.
Introduction
Authors: Spiers Emily
Published: May 2018

Spiers situates pop-feminism in relation to key debates in recent feminist history concerning postfeminism, third-wave feminism, transgressive sexuality, and feminist politics in a neoliberal climate. She then sets out the parameters for her comparative analysis of pop-feminist writing across North America, Britain, and Germany. The author outlines why and how a comparison of three culturally and linguistically variant contexts, which have nevertheless adopted similar political and ideological trajectories vis-à-vis neoliberalism, yields compelling insights into the interplay between the global and the local in political and economic paradigms, as well as illuminating the role played by neoliberal ideologies in the development of pop-feminism.
Postmodern Literature in North America
Authors: Spiers Emily
Published: May 2018

Chapter 2 establishes the departure point for a genealogy of pop-feminist writing across North America, Britain, and Germany, which informs the author’s reading of the literary texts in the subsequent chapters. She examines key texts by American authors Kathy Acker and Mary Gaitskill, showing how their influence has filtered down to the works of a group of North American and European women writers who were born post-1970. Acker and Gaitskill engage with the feminist and critical theories of their time in order to intervene in broader political debates in North America concerning social, racial, and gender inequalities. They explore the political impact of representing transgressive sexualities, madness, and neurosis and emphasizing unstable, multifaceted identity in their work. The chapter subsequently traces the transgressive gesture from the 1990s North American riot-grrrl movement through to the 2000s and a dramatically transformed cultural context.
German Pop-Feminism and Generational Narratives
Authors: Spiers Emily
Published: May 2018

Chapter 5 explores the specificities of pop-feminist discourse in the German context. First, the author examines the thematization of intergenerational discord in German pop-feminist non-fiction, focusing on the manner in which some volumes draw on the metaphor of generational caesura in order to discredit existing feminist protagonists and legitimize their own claims. She then analyses first-person pop-literary novels by Kerstin Grether, Antonia Baum, Helene Hegemann, Alina Bronsky, and Charlotte Roche. With the exception of Roche’s work, the novels foreground the importance of intersubjectivity in the processes of subjectification and agency, a finding that places them on a continuum with the literary fiction discussed in the preceding chapters.
Introduction
Authors: Hinton Alexander Laban
Published: May 2018

This introduction, following a Preface describing in narrative form the experience of Uncle San (a fictional Cambodian villager featured in a graphic/comic booklet produced by the Khmer Institute of Democracy (KID) for tribunal outreach—I also refer to him and the KID booklet throughout my book), describes argument of the book and provides a basic overview of the court.The first half of the introduction describes the “transitional justice imaginary,” a set of utopian democratization and human rights ideals suggesting the tribunal will transform authoritarian regimes to liberal democratic societies. The “justice facade” is a metaphor for the manifestations of this imaginary in transitional justice settings like Cambodia. After unpacking the assumptions of this imaginary (teleology, progressivism, universalism, globalism, and binary essentialism) and contextualizing it within the transitional justice (and related democratization, peacebuilding, and human rights) literatures, I offer an alternative approach, phenomenological transitional justice, which focuses on lived experience and practice enmeshed in contexts of power. To understand if international justice has a point in transitional justice settings like Cambodia, I argue it is necessary to step behind the facade to look at its meaning in everyday life and practice.
Discipline (Uncle Meng and the Trials of the Foreign)
Authors: Hinton Alexander Laban
Published: May 2018

“Discipline” explores how the performance of justice, with its associated aesthetics and normative codes, involves disciplines that seek to “translate” discourse, bodily movement, and subjectivity into a juridical form, one that asserts the liberal democratic, right-bearing subjectivity the transitional justice imaginary aspires to produce. Drawing in part on translation theory, this chapter notes that such translation involves power, discourse, control, and a sort of exile as speech and actions are shaped into a form according with juridical order. These attempts to realize the transitional justice imaginary, however, are unable to contain an excess—a surplus of meanings creating cracks in the justice facade—that emerges from the lived experience and understandings of particular actors. These juridical disciplines were manifest at a 2008 Reenactment described in the section preamble, as the victims and defendants were invested with rights and agency that enabled (and constrained) their actions within this juridical performance. They were also evident in the testimony given by another S-21 artist and survivor, Bou Meng, who participated as a civil party in Duch’s trial and is the focus of Chapter 6. In particular, the chapter explores how the court disciplined Bou Meng, “translating” what he said, how he felt, and even how he moved his body into a legalistic form. Despite this juridical canalization, an excess of meaning was evident throughout Bou Meng’s testimony, as illustrated by his invocation of Buddhist understandings and spirit beliefs, including the soul of his wife. This “bushy undergrowth” of meaning is largely occluded by the justice facade even as it remains central to lived experience and practice.
The Historical Development of Crimes against Humanity and Jurisprudence of the Rwanda, Former Yugoslavia, and Sierra Leone Tribunals
Authors: Rodenhäuser Tilman
Published: May 2018

Chapter 8 analyses post-World War II jurisprudence, national jurisprudence, the International Law Commission’s work, and International Criminal Tribunal for Rwanda (ICTR), International Criminal Court for the former Yugoslavia (ICTY), and the Special Court for Sierra Leone (SCSL) jurisprudence regarding what types of non-state entities might be involved in crimes against humanity. It argues that while the Nuremberg Charter and post-World War II jurisprudence, including national jurisprudence, were focused on state crimes, state involvement has rarely been considered a legal element of crimes against humanity. This is also evident in the International Law Commission’s work. This chapter analyses how the three abovementioned international(ized) tribunals addressed the question of non-state entity involvement in crimes against humanity and argues that the ICTY and the SCSL did not limit entities behind crimes against humanity to abstract ‘state-like entities’, but primarily considered whether the group in question had the capacity to commit the crimes.
The ‘State or Organizational Policy’ Requirement for Crimes against Humanity under the Rome Statute of the International Criminal Court
Authors: Rodenhäuser Tilman
Published: May 2018

Chapter 9 interprets the Rome Statute of the International Criminal Court (ICC Statute), the Statute’s Elements of Crimes, and the Court’s jurisprudence to identify the characteristics non-state entities behind crimes against humanity (CAH) need. It argues that the term ‘organizational policy’ under article 7(2)(1) ICC Statute is best understood in accordance with the ICC’s Elements of Crimes. In line with international jurisprudence, a collective entity’s policy can relate to the criminal acts underlying CAH in three ways: the entity might tolerate and thereby motivate the crimes; it might instigate the crimes; or commit the crimes through its own forces. Going beyond how the ICC has interpreted the ICC Statute hitherto, this chapter argues that the degree of organization of armed groups behind CAH depends on how the entity relates to the crimes in question. Concretely, it needs different capacities to tolerate, instigate, or commit crimes against humanity.
Climate Change Legislation
Authors: Barton Barry , Campion Jennifer
Published: May 2018

Climate change is a particularly difficult policy problem, being long term and multifaceted. This chapter explores the proposition that well-crafted laws make it easier to make climate change policy that is coordinated, systematic, durable, and likely to encourage suitable energy innovation. Without dictating content, it identifies five elements for such legislation: greenhouse gas targets that have legal significance; instruments such as carbon budgets that impel early action towards long-term targets; requirements to identify the policies and measures that will reach those targets; requirements for decision makers in different sectors to pursue climate change targets; and rules for the information base. It concludes that laws reflecting these elements can improve the process of climate change policy making.
Innovation in Nuclear Power
Authors: Stenger Daniel F , Roma Amy C , Desai Sachin
Published: May 2018

Next-generation nuclear technologies represent a change to how nuclear power plants are designedand the crucial role nuclear power can play in the world’s future energy mix. The authors examine the current regulatory framework for nuclear power in the United States, the birthplace of nuclear energy. That framework was shaped by concerns over release of nuclear secrets to hostile nations, focus on a single technology in light-water reactors, recognition that nuclear electric generation would be handled in the realm of monopoly control of generation, transmission, and distribution of the electricity produced, and a limited appreciation of the contribution of nuclear power to current goals of control of release of carbon gases and need to emphasize sustainability in energy supply. Recent bold innovations in nuclear technology, and legal impediments to their development, are identified. The authors identify helpful steps to make the law receptive to the new needs and technologies.
The ‘Hydrogen Economy’ in the United States and the European Union
Authors: Fleming Ruven , Fershee Joshua P
Published: May 2018

The chapter provides a wide-ranging look at prospects for ‘the hydrogen economy’ regarding fuel. In the European Union, hydrogen may be a means to address the intermittency of supply in the renewables sector. The US emphasis on hydrogen to operate motor vehicles contrasts with the EU’s broader climate change driven move to explore alternatives to fossil fuel. Regarding drivers of energy innovation, it is striking that the US introduction of hydrogen is specifically aimed at the transport sector and was driven by security of supply reasons rather than climate change. Further technological innovation is evident in that hydrogen can be injected into the natural gas grid or stored in dedicated reservoirs. In this regard, the chapter analyses the legal innovations required, by considering the impact on and interaction with the storage provisions of the EU Gas Directive and the proposed storage provision in the recast Electricity Directive.
Support for Renewable Energies and the Creation of a Truly Competitive Electricity Market
Authors: del Guayo Castiella Iñigo
Published: May 2018

Early in the EU liberalization process, renewable energies needed governmental support in a market dominated by traditional sources. Support was considered an exception to prohibition of governmental promotion of indigenous national energy sources. The Climate and Energy Package changed this perspective, leading to the 2009 Directive, allowing member states to enforce support schemes promoting renewable energies. Conflicts emerged between some schemes and the rules on state aids of the Treaty on the Functioning of the European Union. Deficient stability of support schemes must yield to a more predictable legal framework. The proposed substitute renewable energies Directive must be read in light of reinforcements of EU sustainable energies policies and 2015 Paris Agreement commitments. Renewable energies technology innovation has reduced costs and governmental support is somehow redundant. The future Directive provides rules that are compatible with competition and on the need to support generation from renewable energies in other member states.
Technological Innovation and the Reform of the Chinese Electric Power System
Authors: Mingyuan Wang , Lailong Gao
Published: May 2018

Along with China’s economic and social development and scientific and technological progress, the innovative development of electric power technologies has effectively promoted the rapid development of the Chinese electric power industry. At the same time, it has also promoted the energy transformation and development and reform of electric power systems with clean, intelligent, market-oriented, and international trends. The authors review the extraordinary technological developments that have advanced electric power production and use. In 2015 China launched a new round of legal reform to keep pace with the technological innovations. Among the goals were speeding up the formation of a legal system for energy transformation to renewable energy to build a new type of green, low-carbon, safe, reliable, and sustainable electric power within a rule of law that encourages investments and market-driven development.
Financing Renewable Energy in Brazil
Authors: de Alencar Xavier Yanko Marcius , da Silva Lanzillo Anderson Souza
Published: May 2018

This chapter analyses Brazilian public policy on financing renewable energy to address climate change. Conditions in Brazil favour adoption of an increasingly clean energy matrix: with significant innovation in energy policy and technology much of the country’s energy production now comes from renewable sources. The chapter examines the National Policy on Climate Change (Federal Law no. 12.187/2009), the National Fund for Climate Change (Federal Law no. 12.114/2009). Yet, energy for Brazil’s transportation system remains largely fossil fuel-based, and the oil and gas industry is economically important. The chapter discusses the intergration of renewable energy into climate change policy and adoption of climate policy in energy legislation, together with measures such as taxation that support renewable energy. The chapter examines the oil and gas industry economic crisis and the ramifications for financing renewable energy given historic reliance on the fossil fuel sector to fund innovations in renewable energy technologies.