bluuebunny/crossref_metadata_2025 huggingface dataset:
What Sort of Man?
Authors: Llewellyn-Smith Michael
Published: September 2021

Description and assessment of Venizelos the man, physical intellectual and by character. His reputation had spread to Europe. Conflicting views of him by e.g. Penelope Delta (passionate admirer) and Ion Dragoumis and his brother Philippos (dislike verging on contempt, for his alleged shallowness and readiness to make concessions undermining Greek national interests). Venizelos a good speaker in public, using a living, intense variety of katharevousa, and private. His interests included books of all sorts.
War in the Balkans
Authors: Llewellyn-Smith Michael
Published: September 2021

The author sets out the preliminaries to war - failed attempts at negotiation by the Powers, who feared war; ultimatum by the Balkan allies, Bulgaria, Serbia, Greece, Montenegro; mobilization. Venizelos informed parliament on 1/14 October of Greece's determination to fight, praising the 'close union of the Christians' throughout the allied lands. Two themes stood out in public discourse and the press: cross versus crescent, and defense of the rights of Christian peoples. War began for Greece on 5/18 October as troops advanced across Greece's northern frontier. The feeling in the army and the wider population was of nationalist euphoria. Men from Greece and abroad volunteered, women volunteered for nursing duties, national collections raised money for the war. Liberal sentiment in western Europe favored the Balkan allies.
Peacemaking in London
Authors: Llewellyn-Smith Michael
Published: September 2021

This chapter outlines the issues for decision in December 1912-early 1913, at the peace conferences for which Sir Edward Grey had offered London as venue. These were, for Venizelos 1) the future of Salonika, 2) the fate of the Aegean islands, still claimed by Turkey, and 3) Albania/Northern Epirus. The chapter describes the division of the negotiations into two, one between the Balkan allies and Turkey, the second a conference of ambassadors to deal with other issues including the Aegean islands and Albania/Northern Epirus. Streit, Skouloudis, Metaxas and Danglis took part in the London talks, but Venizelos would not include Ion Dragoumis, who opposed Venizelos's conciliatory policy towards Bulgaria and hopes of a Balkan federation.
Helena
Authors: Llewellyn-Smith Michael
Published: September 2021

This chapter describes Helena Schilizzi, a London-based member of the widespread and prosperous Schilizzi family, who met Venizelos during the peace negotiations of late 1912-1913 and became devoted to him. It is based in part on her memoir A l'Ombre de Veniselos. The Schilizzis originated in the Byzantine empire, spread to Chios and later to London and other European cities. Helena, troubled for a period by Grave's disease, came across Venizelos by reading his 1910 speech in Athens, and was captivated. She took every opportunity to get close to him, starting with his contacts with the London Greek community during the peace negotiations. She realized that the way to attach herself to him was to devote herself to the cause of Greece. With her money she was able to do so.
Reconstructing Sacred Geographies
Authors: Grau Marion
Published: September 2021

The chapter begins with a reflection on historical notions of sacred place and how senses of sacred place are perceived and understood. Pilgrimage networks are constructed from memories of sacred places and ritualized in relationship to holy people or events. In medieval Norway, the notion of sacred landscape emerged as an interweaving of Norse and Christian elements. This sacred geography was transformed by the development of modern energy forms, transportation, and infrastructure projects made possible in part through Norway’s petroleum wealth. Even so, the pilgrimage network sought to re-establish a route network from forgotten and reimagined paths, which slowly was pieced together from the 1960s onward. The chapter ends by asking how notions of landscape, interspecies relationships, and political theologies have reconstructed notions of sacred place, sainthood, and landscape in a secularizing, increasingly multiethnic and multireligious Norway.
Encountering Pilgrims
Authors: Grau Marion
Published: September 2021

Participants in the pilgrimage network in Norway share numerous features with those at other contemporary Christian sites, among them the focus on the intense yet temporary bonding with other pilgrims, a starkly embodied experience of the landscape traveled through, and the importance of hosts and volunteers in the experience. Pilgrims share many of the reasons for going on pilgrimages with those in other networks, and they often become involved in hosting upon their return. There are also distinct features that appear in Norway, in particular the revival of the coastal pilgrimage route, which takes pilgrims off the path and on board historical vessels, under guidance and a common schedule and accommodation. As the Norwegian pilgrimage network has been under development, various modes of promotion of pilgrimage through print publications, films, and social media disrupt the break from “normal” that many pilgrims seek and serve to recruit new pilgrims. For many pilgrims “biopsychosociospiritual” healing appears to describe well the complex experiences they seek and encounter on the path.
Ocean Pilgrimage and Ocean Plastics
Authors: Grau Marion
Published: September 2021

This short chapter focuses on some of the innovations and attendant new modes of engaging in the pilgrimage system. Coastal multimodal pilgrimages offer alternative and innovative forms of pilgrimage in the Norwegian pilgrimage system. This form of pilgrimage was recently reconstructed in a mode that combines historical coastal sites with contemporary multimodal transport. A recent form of activist pilgrimage features ecumenical church communities expressing pilgrimage concern for climate action in the run-up to the Paris Agreement negotiations and thereafter. Subsequently, artists in the Diocese of Borg began building support to create and build a new interreligious site for climate pilgrims, the Cathedral of Hope in Fredrikstad, constructed as a movable, floating barge that draws people from various backgrounds to foster respect for the ocean in the fight against ocean plastics.
How Big Is Big?
Authors: Patterson Silver Wolf David A.
Published: September 2021

In order to understand the scope of the addiction problem in America, this chapter examines the incidence and prevalence of substance use disorders and briefly details the social and financial costs associated with the disease of addiction.
The Fence or the Ambulance
Authors: Patterson Silver Wolf David A.
Published: September 2021

This chapter argues for a robust prevention effort for substance use disorders. It briefly explains how the 1971 war on drugs began and guided (or misguided) our nation’s efforts to combat this illness. It laments how the potentially monumental 2016 surgeon general’s report on substance use in America was drowned out by the presidential election and how its call for empirically supported prevention strategies was ignored.
Introduction
Authors: Srinivasan Sharath
Published: September 2021

The book’s Introduction situates the reader in recent decades of recurrent wars and failed peacemaking attempts in the Sudans, giving central focus to the reproduction of armed conflict during and after the negotiation of the 2005 Comprehensive Peace Agreement. The chapter introduces its central aims to prize open how contemporary peacemaking works and how it may go wrong, to understand why this might be inherent in peacemaking, and to open up ways to rethink peacemaking. The book’s touchstone for assessing peacemaking, ‘non-violent civil politics’, is explained and the book’s grounding in the political thought of Hannah Arendt is summarized. The book’s central arguments are introduced, notably that, tragically, the ends and means of making peace in civil wars often risks debilitating not fostering non-violent civil politics, in turn motivating violence and reinforcing its currency. Following this is a detailed chapter-by-chapter summary of the book, explaining its thematic, episodic and chronological structure. The chapter ends with a brief history, and foundational position, on war, politics and international intervention in the Sudans, helpful to those with less familiarity with these countries as well as accounting for the author’s interpretation of that history as an anchor to the study.
Rethinking
Authors: Srinivasan Sharath
Published: September 2021

This chapter introduces the study’s orientation to understanding peacemaking in civil wars and different attempts to explain failed peacemaking in the Sudans. The chapter critiques mainstream peacemaking scholarship – from bargain approaches in realist and strategic studies to liberal democratic constitutionalism and reformist statebuilding – as well as prominent alternatives from political economy and conflict and peace studies, highlighting that they share in common problematic conceptions of politics as amenable to logics of ‘making’. This clears ground for the book’s novel theoretical critique of peacemaking drawing on Hannah Arendt’s political thought. Contemporary peacemaking risks undervaluing the political component in civil wars, risks emphasizing making an edifice for politics over civil political action itself, and risks producing means that violently overrun the sought after ends of peace. The chapter calls for a tragic understanding of peacemaking that compels, first of all, a need to carefully rethink what peacemaking is doing in attempts to make or build peace.
On the Edge of Tomorrow
Authors: Coker Christopher
Published: September 2021

We are about to enter a post – human world in which war will not yet have exhausted its evolutionary possibilities. It may be a world of man – machine hybrids as soldiers become gradually indistinguishable from the machines they use. It may witness the artificial enhancement of biological performance, the theme of many Hollywood B-movies. It may be a world in which artificial intelligence will dominate and robots roam tomorrow’s battle spaces. But war is unlikely to escape human control. Machines are unlikely to gain self-consciousness any time soon. Instead they will be our collaborators, members of the same team. War, in other words, will still remain what the military historians Thucydides called it: ‘the human thing’’ and will still be susceptible to Tinbergen’s original methodology
Mapping Terms: Towards Analytical Conceptualisation
Authors: Bishara Azmi
Published: September 2021

This chapter engages with the sociological concept of ‘sect’ especially that articulated by Max Weber. Its demonstrates how the concept denotes a community of religious people, committed to their particular chosen religious mode of life. The chapter shows that sectarianism (ta’ifiyya) is a social phenomenon and not an individual choice. Sectarianism comes to be conflated with the ta’ifa. It argues that where sectarianism is hegemonic, the ‘choice’ to belong to the ta’ifa is typically an illusory one. Sectarianism is thus a negation of freedom of choice. On the contrary, exercising this freedom means standing in contradiction with sectarianism itself. The chapter looks thoroughly at how the word ta’ifa has existed and developed in Arabic for a very long time, but that ta’ifiyya is a much more recent development. It is a modern phenomenon. It finally argues that today’s imagined ta’ifas, whose borders are delineated by sectarianism, do not constitute an ethical framework.
Is a Ta’ifa a Community?
Authors: Bishara Azmi
Published: September 2021

This chapter considers various models and definitions of ‘community’ in sociological theory addressing the question whether it is possible to characterize a ta’ifa as a community in this sense. The chapter argues that since individuals in modernity can develop a sense of belonging to these entities as imagined communities, this act of imagination is neither an intellectual nor theoretical process. The ‘objective basis’ of a community here is the subjective. When an imagined community is articulated, a new reality is created. The chapter also argues that in the age of modern economy and the state, religious bond retreated in favor of other bonds, but it did not disappear. Its function simply changed. The inherited affiliation with a particular creed replaced belief as the common property binding people. This chapter concludes that this bond does not constitute a community. Sectarianism thus does not mean individuals living in a community but rather a community living in individuals.
Social Conflict, Sects, and Foreign Intervention
Authors: Bishara Azmi
Published: September 2021

This chapter contemplates the production of shared identity in the modern age and the creation of a framework for comparison and the couching of grievances between those who share that identity. It traces the emergence of sectarianism in the nineteenth-century Levant. Indeed, it was the Tanzimat reforms that created a nascent Ottoman public sphere and introduced new ideas and currents. This chapter argues that the interplay of local conflicts, top-down reform, and foreign states’ efforts to cultivate local constituencies by presenting themselves as the protectors of particular religious groups, produced an environment which encouraged locals to fall back on the latter, sowing the seeds of political sectarianism. The events of the Mount Lebanon massacres of 1860 were the Tanzimat’s greatest test. They were the product of some social transformations that led international response to produce the Arab World’s first sectarian political system in the Mutasarrifate of Mount Lebanon.
Sectarianism, its Historicity, and Some Ethical Implications
Authors: Bishara Azmi
Published: September 2021

This chapter discusses the historicity of sectarianism as a phenomenon. It does this by demonstrating that during the independence period, there was a disparity between the secularization of the state and the secularization of society. Arab secular authoritarian regimes had no ethical framework that could serve as an alternative to the local community on the one hand and religion on the other. The chapter also proves that political sectarianism is not confined to politics and has significant implications for ethics. It argues that ostensibly inter-ta’ifa political competition is in fact a struggle for state resources between those who claim to represent each imagined ta’ifa, a conflict which, under hegemonic sectarianism, is always either dormant or active. Finally, the chapter observes that Western intervention, the policies of Arab governments, and Islamist-populist religious discourse have all contributed to the emergence of a sectarian mentality.
Is Modern Sectarianism a Product of Secularisation?
Authors: Bishara Azmi
Published: September 2021

This chapter discusses the relationship between modern sectarianism and secularization. It argues that neither the Arab nor the Islamic World more generally was exempt historically from secularization as a process of differentiation. It observes that in the Arab Mashreq, secularization has been imposed from above via the state, and has been interpreted as an abandonment of, or assault on, the religious culture of the majority. It has taken the form of state domination of religion without a struggle over state neutrality in the religious sphere. This chapter also presents how the secularization process in modernity has played a complex role. Sometimes it has been given expression by an expanding state power with no need for religious legitimacy and the shrinking social significance of religion. In other times, top-down secularization coupled with the failure to build a nation on the basis of citizenship can trigger both political religiosity and political sectarianism.
Majorities, Minorities, and Tolerance
Authors: Bishara Azmi
Published: September 2021

This chapter discusses the concepts of ‘majority’ and ‘minority’ and their relationship to victimhood and tolerance. The chapter argues that one of the most important features of sectarianism is that it promotes a culture of victimhood in any group that it touches. Constant evocations of past injustices are intended to produce symbolic capital for the modern ta’ifa and emphasize its continuity with this past (its identity). This chapter also notes that the conflation of sectarian minority and majority with democratic minority and majority is one of the greatest obstacles to true democracy today. The chapter suggests that tolerance is originally a religious discourse but can be adopted to promote religious coexistence by a state with an official religion. However, it is an insufficient basis on which to establish democratic pluralism.
“In the Name of Our Lord”
Authors: Dusenbury David Lloyd
Published: September 2021

This chapter suggests that there is no undivided point of origin for European law, but that, if there were such a point of origin, it might be one that modern Europeans tend to forget: European law might begin with the conviction of an innocent man, Jesus, who is now revered by roughly a third of humankind as divine. European law might begin, in a mysterious sense, with the court-ordered “death of God”. But if that is even vaguely or conjecturally the case, then Jesus’ judge, Pontius Pilate, might be a pivotal and recurring figure in the history of European politics and law. And that, ultimately, is the argument of this book.
“You Say I am a King”
Authors: Dusenbury David Lloyd
Published: September 2021

In modern parlance, it is only the guilty who confess. Yet we read in one of the New Testament letters, I Timothy, that Jesus “testified to the good confession in the time of Pontius Pilate”. What is an innocent man—or, in Christian belief, the most innocent man in human history—doing making a confession to a brutal official like Pontius Pilate? It is of immense historical interest that one of the preeminent legal theorists of early modern Europe, Hugo Grotius, commented on this verse in I Timothy in his fabulously learned twelve-volume commentary, Annotations on the Old and New Testament. This chapter shows how Grotius’ biblical exegesis, and his poetic composition Christ Suffering, illuminate the Christian idea of Pilate’s innocence.
“Pilate Did Not Utter a Sentence”
Authors: Dusenbury David Lloyd
Published: September 2021

The myth that Pilate never sentenced Jesus, and the myth that Judaean zealots crucified Jesus, both seem to be datable to texts written by Christians within a century of the crucifixion. The Christian myth of Pilate’s innocence is nearly as old as the Christian confession of Jesus’ death. This myth could be retraced, in an unbroken tradition, from the second century to the twenty-first. But in this chapter, the purpose is rather to introduce several early Christian sources of the vivid, convoluted Pilate-tradition in Europe. Many, but by no means all, of the forgeries that early Christians ascribed to ‘Pilate’ depict the Roman as innocent.
“Beds Inlaid With Silver”
Authors: Dusenbury David Lloyd
Published: September 2021

It is striking that none of pagan Rome’s jurists felt that the term ‘secularity’, or ‘secularization’, might be necessary to describe a mode of Roman life, or a function of Roman law. Where then do these words originate? ‘Secularity’ is a coinage of medieval Christian writers. When ‘secularity’ occurs in a text by a twelfth-century monk, for instance, it is sharply contrasted with the monastic form of life (conversatio monachorum). And ‘secularization’ is a creation of medieval canon law. Originally, ‘secularization’ signified the protocols for laicizing a monastic in the Roman Church. Though both terms are medieval, this chapter argues that they may ultimately derive from a European Ur-text in which the concept of an ‘age’, or saeculum, is decisive: the Latin New Testament. This chapter seeks to show that the saeculum is a motif in Jesus’ sayings in Luke and in Paul’s letters (in their continent-shaping Latin translations).
“I Beheld the Shade”
Authors: Dusenbury David Lloyd
Published: September 2021

This chapter examines texts in which a medieval poet, Dante Alighieri, and a Renaissance humanist, Lorenzo Valla, handle the historical drama which controlled the European imagination for at least a thousand years: the drama of Pilate and Jesus. Both writers treat the gospels’ trial narratives in a that way reveals, to their minds, the corruption of the medieval “papal monarchy” (as it is called). For both Dante and Valla, the crucial moment is that in which Jesus renounces, before Pilate, “the kingdoms of the world”. If Jesus had not made this “great refusal”—as first formulated by Augustine, and received by Dante, Valla, and later European philosophers—there is reason to believe that the secular could not have been theorized, or progressively actualized, in Europe.
“Pilate Defended”
Authors: Dusenbury David Lloyd
Published: September 2021

The question of Pilate’s innocence is debated with greater sophistication at the end of the seventeenth century than ever before. A liberal professor of law in the city of Halle, Christian Thomasius, is now remembered as one of the master-thinkers of ‘secularization’ in the early Westphalian era. Yet Thomasius is rarely if ever remembered as the author of a highly interesting 1675 text On the Unjust Judgement of Pontius Pilate. Thomasius’ juridical text on Pilate is likely the high point of European legal reasoning on the innocence (or guilt) of Jesus’ Roman judge. However, Thomasius’ 1675 text is written in reply to two other forgotten texts: Pilate Defended, by Johann Steller; and A Refutation of the Defence of Pontius Pilate, by Daniel Hartnaccius. This chapter offers a reading of, and a reflection upon, this collection of early Enlightenment texts on the Roman trial of Jesus.
Before Method and Models
Authors: Walter Ryan
Published: September 2021

Before Method and Models offers a revisionist account of political economy in the time of Thomas Robert Malthus and David Ricardo, c. 1790–1823. In contrast to simply assuming that ‘classical political economy’ existed and provides the context for making sense of the writings of Malthus and Ricardo, this book recovers the circumstances that shaped their works. This leads the inquiry into the major political controversies of the time—the Bullion Controversy and the Corn Laws debate—and the texts with which Malthus and Ricardo attempted to intervene into these disputes. The results show that political economy was produced using ready-to-hand concepts and instruments, giving its practitioners great intellectual freedom. Yet political economy was also expected to act as a species of counsel to Parliament and resolve policy questions. In this context, the presumption of Malthus and Ricardo to style themselves as ‘theorists’ who possessed special intellectual capacities that set them above merely ‘practical’ writers attracted hostile responses from their contemporaries. The tenuous position of theory in this period was worsened by the intellectual aftermath of the French Revolution, which enabled the enemies of Malthus and Ricardo to portray their work as theoretical enthusiasm—as the product of undisciplined minds that had succumbed to the pleasures of system, utopia, and fanaticism. The attack and defence of political economy in this setting was conducted with the vocabulary of theory and practice, and the period thus stands as a time when reflection on commerce and politics was conducted without method and models.
Introduction
Authors: Fraade Steven D.
Published: September 2021

The Introduction sets the stage, in broad strokes, for the volume as a whole. It introduces the reader to a close study of the Damascus Document, its historical allusions, and relevance for the origins of the sectarian communities reflected in the Dead Sea Scrolls.
Decomposition
Authors: Cotnoir A. J. , Varzi Achille C.
Published: September 2021

This chapter carefully attends to how decomposition principles are supposed to work, and how different variants and formulations affect the resulting theory in different ways. It begins with the philosophically familiar notion of Boolean complementation, and then gradually discusses ever weaker variants of this notion in the form of various supplementation principles. The chapter evaluates which of these principles are linked to extensionality and which (if any) are constitutive of the minimal concept of parthood. Other decomposition questions include: Can we continually decompose objects into smaller and smaller parts (gunk)? Must there be smallest parts (atoms)? Is there a mereological correlate to the empty set, namely the ‘null object’? Each of these questions is explored in full formal detail, including a characterization of the maximally consistent extensions of classical mereology.
Introduction
Authors: Florio Salvatore , Linnebo Øystein
Published: September 2021

English and other natural languages contain plural expressions. Plural logic is based on the idea of taking these expressions at face value rather than eliminating them in favor of singular resources. This logic has great potential significance in logic, philosophy, linguistics, and beyond, but it also raises some hard questions. Three such questions will figure centrally in the book as a whole. Are primitive plural resources legitimate? If so, what is their relation to singular resources, and what is their philosophical significance?
Nature and Imagination
Authors: Ogée Frédéric
Published: September 2021

This chapter explores Addison’s attempt at opening new perspectives for the convocation of the work of imagination in the production and reception of representation. Developing a new, dynamic understanding of the concept of pleasure, he explains how the works of nature and art acquire more value as they allow the imagination or the fancy some scope for the picturing and mapping of new territories. The chapter then suggests how some of the new forms of expression in Enlightenment England (the novel, the landscape garden, Hogarth’s series of images), all based on a form of sequentiality similar in many ways to that present in the periodical essays, proposed progressive, enhancing apprehensions of nature which allowed the emergence of a more dynamic, less abstract sort of beauty, designed to create pleasure in the meaning defined by Addison.
Historical Background: Towards a Human Rights Treaty for Disabled People
Authors: de Beco Gauthier
Published: September 2021

This chapter follows the path towards the enactment of the CRPD. It looks at the preceding international instruments on disability as well as the steps taken to elaborate a legally binding international instrument. It goes on to evaluate the way in which the Convention distinguishes itself from other human rights treaties. It not only discusses the role of the prohibition of discrimination with regard to disabled people as well as its potential to address their marginalisation but also analyses any resemblances between the CRPD and the Convention on the Rights of the Child. It moreover examines how the CRPD has improved human rights protection generally by advancing the principle of substantive equality.
Legal Capacity: A Challenging Priority
Authors: de Beco Gauthier
Published: September 2021

This chapter analyses the right to legal capacity. It examines how the right was guaranteed prior to the CRPD and how it is protected for disabled people by the Convention. It not only discusses the issues raised by the notion of legal capacity and but also explains the way in which the Convention addresses deficits in mental capacity through its requirement to provide support for the exercise of legal capacity. It goes on to examine the concept of legal capacity within the meaning of the CRPD. It explores what disability brings to the fore in respect of support by focusing on the role of social relations in achieving decision-making. It also considers the consequences of the right to legal capacity for the whole of international human rights law as well as outstanding issues in the understanding of this right.
Political Participation: An Ultimate Priority
Authors: de Beco Gauthier
Published: September 2021

This chapter examines the right to political participation. It exposes the persistent lack of protection of disabled people’s political rights, including denial of the right to vote for those with cognitive impairments. It analyses what the CRPD requires in order for all disabled people to be able to exercise their voting rights and what it provides beyond the mere act of voting so as to encourage participation in ‘the conduct of public affairs’. It goes on to explain why the inclusion of disabled people in political life is a matter for the whole population and why there is no reason for denying the right to vote to any particular group. It also explores how to achieve political participation more broadly through real engagement in political activities.
Monitoring: The Role of Independent Mechanisms
Authors: de Beco Gauthier
Published: September 2021

This chapter concerns the role of independent mechanisms. It explains what national human rights institutions (NHRIs) are as well as the fundamental principles that should guide these institutions as set out in the Paris Principles. It then examines the requirement to set up a ‘framework including one or more independent mechanism’ in accordance with the CRPD as well as the way in which such mechanisms relate to the said Principles and all the possibilities open to States Parties regarding this framework. It finishes by exploring what the reference to the Paris Principles has come to mean for NHRIs and what the Convention reveals in the field of international human rights law through its elaborate monitoring system.
Conclusion: From the Margins to the Centre
Authors: de Beco Gauthier
Published: September 2021

The chapter is the conclusion. It gives an overview of the context of the present book and outlines its main findings. It examines the various issues treated in this book and recaps them in the form of a short summary of the chapters which form Parts I (Concepts), II (Standards) and III (Implementation). It then takes another look at the aim to make disability an integral part of international human rights law. The chapter explains the shift in addressing disability from a scattering of welfare policies to a focus on non-discrimination the limitations of which the idea of the dis-abled subject allows to break through. It finally addresses how to capitalise on the adoption of the CRPD by uniting the entire human rights community.
Comparative Legal Analysis and Intellectual Property Law: A Guide for Research
Authors: Calboli Irene
Published: September 2021

This chapter addresses the intersection between comparative law and intellectual property (IP) law and the role of comparative legal analysis as a research methodology for IP scholars. Due to the high level of international harmonization of IP laws, comparative legal analysis has traditionally played a prominent role for IP scholars. However, this methodology has become even more fundamental in recent decades because of the further integration of legal systems due to the process of globalization of trade and the fast-evolving worldwide technological developments. As a result of this economic and technological integration, different legal traditions have converged to an unprecedented level. In particular, after an overview of Comparative Law and the process required to conduct comparative analysis, this chapter offers several examples in the context of IP research.
Contract Law and Intellectual Property Transactions: Research Perspectives
Authors: de Werra Jacques
Published: September 2021

Contract law is a key component of the intellectual property (IP) ecosystem: contracts are the legal vehicles by which IP rights can be lawfully used by third parties. Contracts are the essential tools by which IP owners can monetize their rights. Making sure that contract law can perform these critical missions requires understanding the complex interactions between IP law and contract law. Analysing these interactions is obviously not a new research venture. However, there are still many areas that call for further research and scientific activity. Exploring the interactions between IP and contract law is not only scientifically relevant, but it also has a high practical significance because of the uncertainty surrounding certain legal issues arising in (international) IP transactions which generate high transaction costs. The interactions between IP and contracts are multifaceted and raise numerous methodological challenges and doctrinal questions. This short piece will focus on a few of them (obviously without claiming to be exhaustive). These legal issues can be classified into two categories on which the article will focus and which depend on whether these issues relate to the internal relationship between the parties to an IP transaction or whether they affect external third parties.
Property Law and the Intellectual Property Agenda
Authors: Grynberg Michael
Published: September 2021

What can intellectual property (IP) learn from the questions raised by property doctrine? A lot of scholarship addresses the degree to which the two bodies of law cohere in principle, justification, or practice. This chapter surveys some of this well-marked terrain, while suggesting some less detailed areas of the map that might merit more exploration than they have received to date. The most familiar set of questions arise from the contention that IP is or should be considered a form of property, but property law is also a source of doctrines and approaches for limiting the scope of intellectual property rights. Though less emphasized, a concern with information also links the two fields, as many property doctrines may also be considered a form of information management. Finally, conceiving of property doctrine as a system offers another possibility for informing IP scholarship.
Intellectual Property and Archaeology: Research Concerns and Considerations
Authors: Nicholas George , Bell Catherine
Published: September 2021

As archaeology has matured as a discipline, a variety of challenges emerge about the purpose, methods, and products of the enterprise, including intellectual property (IP) concerns pertaining to the products of archaeological research and related heritage control issues. This chapter examines the complex nature of IP in the context of archaeology. The two central questions addressed are: (1) What constitutes IP in the context of archaeology?; and (2) Who has the right to interpret, benefit from, or control access to information and objects from the past, whether they represent one’s own heritage or, more often, someone else’s. These questions are explored through a series of broad themes, coupled with specific examples to illustrate some of the methodological challenges, their consequences, and how IP-related issues can be avoided or at least mitigated. An overarching consideration is the significant differences in how IP and intangible heritage are defined and distinguished in countries where the ancestral population relates to the dominant population today, as contrasted to those where the modern population has come from elsewhere.
A Network Analysis Approach to Intellectual Property Research
Authors: Bekkers Rudi , Martinelli Arianna
Published: September 2021

Network Analysis (NA) provides a set of quantitative analytical tools used to examine the structural characteristics of networks. This analysis can be applied to any type of network (e.g. social networks, networks emerging from scientific collaborations, and networks of submarine cables). It is increasingly used on networks derived from intellectual property (IP) data, such as patent citation networks, patent co-inventors’ networks, and patent litigation networks. In this context, the analyses of the structure and the dynamics of these networks can provide valuable insights about the technological relations between firms, the assessment of firms technological leadership, and the evolution of technology. This chapter aims to provide an introduction to network analysis and illustrates its application using patent citation networks.
Intellectual Property Law and Sociolegal Studies
Authors: Gallagher William T. , Halbert Debora J.
Published: September 2021

In recent years, scholarship in the field of intellectual property (IP) has moved in many creative and important directions—as the chapters in this volume illustrate well. One of the most promising developments in IP scholarship is the recognition of the need to explore this area of law and practice from interdisciplinary perspectives, moving beyond the still-dominant doctrinal and law and economics-based approaches to the field. This chapter explores and advocates for a sociolegal—and in particular, a ‘law and society’—approach to the study of IP in social, historical, and cultural context. The chapter also argues for the need to employ a broad range of methodologies, including empirical approaches, for understanding IP in context, explaining how qualitative interviews are a promising research tool in this field. The chapter critiques a narrow notion of ‘empirical’ legal studies that often uncritically assumes that ‘empirical’ encompasses only quantitative approaches to the study of law and legal processes, actors, and institutions.
Intellectual Property and Behavioural Studies: Methodological Perspectives
Authors: Penz Elfriede , Hofmann Eva
Published: September 2021

Intellectual property (IP) infringement is widely researched in behavioural studies with manifold quantitative and qualitative research. The current chapter focuses on qualitative research and gives an introduction to how data from expert interviews and websites of relevant stakeholders can be analysed to understand and interpret IP infringement applying triangulation. This chapter selects the comprehensive perspective of the entire business and institutional environment in an international context, focusing on the social-cultural, legal, economic, political, and technological framework in different countries, which determines business activities. It answers three research questions on past, current, and future activities regarding IP with data from forty-six organizations (expert interviews, website analyses). The analysis of the data with Computer Assisted/Aided Qualitative Data AnalysiS (CAQDAS) follows four steps: (1) organizing the material; (2) coding; (3) searching; and (4) modelling and interpreting. The analysis revealed that first, there were several activities regarding IP that have been applied by different stakeholders, second, the present status of IP from the point of view of the different stakeholders has a strong legal aspect, and third, a cross-national collaboration for enforcement and harmonizing legislation is seen important for the future of IP specifically by governmental bodies. Overall, these findings allow for recommendations not only for legislators but also for industry and organizations lobbying for more lenient IP rights leading to a bright future for IP.
The Interface Between Intellectual Property and Sustainable Development
Authors: Abdel-Latif Ahmed , Roffe Pedro
Published: September 2021

Sustainable development has emerged as a key priority in the global agenda, and the intellectual property (IP) system has come to interact with it more closely. This has resulted in the emergence of a range of policy and legal issues that the IP system is still grappling with in relation to biodiversity, climate change and the diffusion of green technologies, food security, and the implementation of the Sustainable Development Goals (SDGs) more generally. In this regard, this chapter aims to provide an overview of how the interface between IP and sustainable development has evolved particularly at the international level. It examines how IP has been dealt with in key sustainable development fora and how sustainable development has been addressed in international IP settings. The chapter also points out some efforts and initiatives seeking to bridge the gap between the realms of sustainable development and IP. In addition, it considers several legal issues at this interface which require further research. The chapter finds that while there have been extensive multilateral discussions on this topic, they have not, in general, resulted in changes to existing international IP rules to accommodate sustainable development concerns. The United Nations 2030 Agenda for Sustainable Development can provide a space to advance this discussion through an inclusive dialogue which addresses the role of IPRs in sustainable development both in terms of promoting innovation and providing access to the fruits of such innovation. Such a dialogue which brings together a diversity of views and stakeholders could help foster a broader approach to IP in the sustainable development context.
Intellectual Property and Openness: A Research Perspective and Agenda
Authors: Ncube Caroline B
Published: September 2021

This chapter considers the various methodologies used and arguments advanced by scholarship which employs an openness paradigm to examine intellectual property (IP), specifically in copyright and patent law. It presents the key attributes of openness, as developed in scholarly literature and research practices. It highlights the underpinning justifications for openness which include social justice imperatives, sustainable development, human development, and human rights, with emphasis on the development of human rights framing. It reprises topical aspects that remain on the normative agenda to inform ongoing and future scholarship founded on international and national perspectives or developmental agendas. Drawing from examples of recent research, it explores how research questions related to copyright and patents have been cast from the standpoint of openness and closes by envisaging some ways in which such scholarship may be advanced methodologically and substantively.
Feminist Methodologies and Intellectual Property
Authors: Bartow Ann
Published: September 2021

Though intellectual property (IP) law is facially gender-neutral, the numbers do not add up, to put it lightly. This chapter discusses the ways that laws mediate the ways that creativity, innovation, and invention are commoditized, through a feminist lens. It maps evidence of sexism and discrimination against women in the context of patents, copyrights, and trademarks, and suggests mechanisms to measure and observe the material, legal and social constraints that disproportionately affect women authors and would-be authors. It suggests methods that can be deployed to evaluate gendered differences in the production and protection of IP, and invites readers to participate in this project.
Exploring Intellectual Property Through the Lens of Religious Thought
Authors: Bagley Margo A.
Published: September 2021

A growing cadre of scholars find scriptures to be a rich source of inspiration on issues of temporal as well as eternal importance and choose to focus at least a subset of their scholarship on exploring ways that religious thought can inform approaches to challenging intellectual property (IP) questions. This chapter explores the work, inspirations, and methodologies of several such scholars writing at the intersection of IP and religious thought. It illuminates some of the contributions this interdisciplinary approach offers for legal and policy development in the field of IP with a focus on Christian (Catholic and Protestant), Jewish, and Muslim perspectives. It also highlights views on the similarities and differences between scholarly approaches to this subject matter and other IP-related literature.
The natural history of defences
Authors: Schmid-Hempel Paul
Published: September 2021

Hosts can avoid infections by behavioural changes and by body walls. After infection, hosts can change their behaviours to reduce the effects of parasitism. Immune defences have different arms (humoral or cellular), and organization (innate, adaptive). Innate immunity consists of a collection of different systems that are evolutionarily very old. Adaptive immunity, based on expansion of specific lymphocytes, evolved in the higher vertebrates. Immune defences are regulated tightly and based on receptors that can recognize parasites (or their activity). This triggers a complex signalling cascade that results in the production of further signalling compounds and effectors. Important protein families, e.g. the immunoglobulins, form the molecular backbone. A key to efficient defences is the diversification of receptors, such as the highly evolved somatic diversification processes of advanced adaptive immunity. The microbiota adds to defences in many ways. Immune memory and priming occur throughout the tree of life.
Parasites, immunity, and sexual selection
Authors: Schmid-Hempel Paul
Published: September 2021

The sexes (male, female) differ in parasite load and immune defences. In general, males are more frequently infected and often have lower defences. The differences are one consequence of sexual selection, where females invest more in maintenance. Females can choose males based on signs (e.g. ornaments) of higher resistance to parasites. Several theoretical scenarios can explain part of this variation. Advantages also result from genetic heterozygosity. Sex-specific hormones affect immune defences in many ways.
Parasite immune evasion and manipulation of host phenotype
Authors: Schmid-Hempel Paul
Published: September 2021

All parasites manipulate their hosts by interference with immune defences and host behaviour. Passive evasion, for example, is by molecular mimicry or by changing surfaces. Active interference involves production of molecules that block or modify host immune defence regulation or affect metabolism and neuronal systems. All steps of the immune defence cascades are attacked by parasites, including the microbiota. Manipulation can increase the duration of infection or transmission success. The latter is particularly prominent in intermediate hosts that need to be consumed by a final host. Host fecundity reduction and gigantism provide extra resources for the parasite. Theory can predict what manipulation should be best; conflicts arise among co-infecting parasites.
Host–parasite genetics
Authors: Schmid-Hempel Paul
Published: September 2021

Genetics affects host–parasite interactions in various ways, e.g. by additive genetic variance and epistasis. Various models, such as gene-for-gene or matching alleles, describe the interactions. Heterozygous individuals and genetically more variable populations often have lower parasite loads, but specific gene variants are critical. Variation in gene expression adds plasticity to host defences and parasite characteristics. Horizontally transferred pathogenicity islands are important for bacterial virulence: in viruses, genomic organization matters. Host and parasite characteristics are heritable and evolve; genetics is also important for the microbiota. In populations, signs of selection point to directional or balancing selection in different parts of the immune defences, or in parasites due to medical interventions. Parasite population genetic structure, furthermore, is affected by genetic exchange during co-infections. Modern genomic tools allow studying genotypes and entire genomes at a massive scale. This is also used for genome-wide association studies.
The Shepherd
Authors: Scott Dominic , Freeman R. Edward
Published: September 2021

For Plato, the model of the leader as shepherd suggests protectiveness and care. But he also realizes that it could be used to make the opposite point: the leader only appears to protect the flock; his ulterior motive is to exploit them for profit. As a result, the model divides into two: the good shepherd, who cares only for the flock, and the bad one, who seeks to exploit them, like a tyrant. Another problem is that the model elevates the leader to the level of a higher species, who merely shouts commands, quite unlike the teacher model described in the previous two chapters. Consequently, Plato later abandons the shepherd in the Statesman. The second part considers an example of the ‘bad’ shepherd, Travis Kalanick, CEO of Uber Taxis, whose attitude to his drivers shows similarities with the shepherd who professes to care for his flock, but merely seeks to exploit them.