bluuebunny/crossref_metadata_2025 huggingface dataset:
The Facilitators II: Law and ‘Justice’
Authors: Heath Deana
Published: April 2021

This chapter continues the exploration of the ways in which torture was facilitated in colonial India begun in Chapter 2 by analysing the role of the judicial system in such a process. It argues that the creation of an enabling legal environment for torture was vital to the construction of India as a regime of exception. The chapter examines how, although extra-legal torture was enshrined as an offence in the Indian Penal Code and other legal provisions were made during the course of the nineteenth century to make it more difficult for the police to commit torture, the law, and with it the wider judicial system, ultimately did little to limit their official discretion to do so, most notably through privileging confessions over other forms of evidence. The chapter also considers the nature and operation of the judicial system in the nineteenth and twentieth centuries, particularly how the recruitment and training (or lack thereof) of magistrates and judges, colonial evidentiary norms, the over-reliance on medical testimony, the management of police violence extra-judiciously, and the lack of separation of powers between the judiciary and the executive enabled police torture.
Contact
Authors: Ó Dochartaigh Niall
Published: April 2021

Beginning in late 1973, there was a step change in communication between the IRA leadership and the British government. The back-channel that hitherto had involved little more than the exchange of political thinking was used increasingly for negotiation on urgent issues including kidnappings, hunger strikes, and the legalization of Sinn Féin. Chapter Four examines the modes of reciprocal exchange and protocols for communication that developed over the course of 1974. It highlights the close involvement of the British Prime Minister and other government ministers in the exchanges and it examines the use of the back-channel to clarify the meaning of public statements. This series of exchanges in 1974 allowed both parties to test whether their interlocutors really had the authority to make commitments and the power to deliver on them. The exchanges contributed to the building of limited trust between the IRA leadership and the British government as each side learned that the other would stand by commitments, respect the integrity of protocols for communication, and not abuse contact for direct military or political advantage. This new communication infrastructure, reinforced by repeated interaction and exchanges, provided a strong foundation for the subsequent intensification and deepening of political engagement.
British Policy and IRA Strategy
Authors: Ó Dochartaigh Niall
Published: April 2021

The Provisional IRA campaign was finally ended through an inclusive negotiated peace agreement that saw it decommission its weapons and effectively disband. Much research on peace agreements emphasizes the pressure on parties to compromise when they reach a stalemate, representing them as pushed into peace. This chapter highlights instead the strategic choices made by the British Government and the IRA as they nudged towards peace. It analyses internal struggles and the importance of leadership and explains the reasons for the deep shifts in British policy and republican strategy from the mid-1980s onwards.
Peace Process
Authors: Ó Dochartaigh Niall
Published: April 2021

In February 1993, the British Government received, via the back-channel, a message purported to be from the IRA. It read: ‘The conflict is over but we need your advice on how to bring it to a close.’ This chapter elaborates the sequence of contacts that led to a secret face-to-face meeting between a British government representative and republican leaders for the first time since 1976 and that culminated in a secret IRA ceasefire offer in May 1993. It examines too the influence of the back-channel on the joint declaration by the British and Irish governments in December 1993, that helped to pave the way for an IRA ceasefire in August 1994.
Epilogue
Authors: Ó Dochartaigh Niall
Published: April 2021

The epilogue offers a personal account of the author’s initial meeting with intermediary Brendan Duddy in Derry in 1997, their contacts over the following years, and the background to Duddy’s decision to deposit his private papers in the National University of Ireland Galway in 2009. Duddy acted as the primary intermediary between the IRA and the British government during repeated phases of engagement over a span of more than two decades. During all that time his identity was a closely guarded secret. His papers are dominated by three key periods of negotiation: the 1975 IRA ceasefire, the 1981 hunger strike, and the back-channel contacts of the early 1990s.
Women Had to Wait
Authors: Crook Malcolm
Published: April 2021

The process of enfranchisement for women would prove still more protracted than for men. Historians highlight the fact that the female vote in France was obtained as late as 1944, almost a century after all males were enfranchised, but this surprising delay can be partly explained by the precocious arrival of universal manhood suffrage in 1848, often simply referred to as ‘universal suffrage’ by contemporaries. Almost everywhere, there was an interval between the award of votes to men and women, usually shorter where full male suffrage arrived later. This ‘gender gap’, which has been the subject of much discussion of late, was thus exaggerated in France, but women themselves were more active and inventive in demanding the franchise than is often supposed. They were standing for election and holding local office before their right to vote was finally recognized, despite the frustration of their demands, which stemmed from a gendered ideology of citizenship and the particular resistance of male politicians in parliament. In the period after the Second World War their apprenticeship in voting was rapidly accomplished and, of late, French women have achieved a high degree of parity in elected office.
The J.K. DecalogueA Paradigm Shift in Dealing with Asylum Cases in Strasbourg?
Authors: Bianku Ledi
Published: April 2021

This chapter addresses the approach the European Court of Human Rights (ECHR) takes in asylum cases from the perspective of international refugee law doctrines. First, the chapter discusses the traditional approach in dealing with asylum cases in Strasbourg, i.e. starting the analysis from the basic promise of the rights of states to control the entry, residence, and expulsion of aliens. The Court considers that this approach is based on well-established international law and the chapter summarises the international law voices that inspire this approach, which has been taken by the Court for almost thirty years. The second part of the chapter analyses the Grand Chamber judgment in the case of J.K. v Sweden and the attempt by the Court, through this judgment, to elaborate general principles applicable in asylum cases in Strasbourg. The analysis of the hierarchy of these ten general principles by the Court in the J.K. judgment stems from the question of whether the Court is modifying its traditional approach in dealing with asylum cases and moving towards a new approach which is inspired by another line of thinking in international law. It also seems that with this new approach the Court gives precedence in its analysis of asylum cases to the absolute character of rights guaranteed by Article 3 of the ECHR. This would make the Court’s analysis of asylum cases more coherent with other cases when Article 3 rights are at stake.
Islamophobia and the ECtHRA Test Case for Positive Subsidiarity for the Protection of Europe’s Long-term Migrants?
Authors: Brems Eva
Published: April 2021

A reflection on the human rights of migrants in Europe cannot avoid the issue of racism. Resistance to immigration in Europe is fuelled to a large extent by resistance to the ‘otherness’ of migrants. More specifically, the ‘otherness’ that is most central to today’s debates on migration and integration in Europe is Islam. Thus, racism is commonly expressed as Islamophobia, and Islamophobia is both expressed in, and fuelled by, rights-restrictive rules that specifically target Islamic practices. The focus of the analysis in this chapter is on the messages the European Court of Human Rights (ECtHR) is sending to national authorities regarding their approaches to multicultural conflicts over Islamic minority practices. This is situated in the framework of ‘positive subsidiarity’. It is argued that, even when the margin of appreciation is a wide one, the Court has a responsibility to offer guidance to states parties on three levels: substantive, procedural, and discursive. The chapter then explores the messages sent by the Court to states parties in the field of the restriction of Islamic minority practices. First it does so by comparing what is widely considered the Court’s ‘worst practice’ in this field—the face veil cases—with its ‘best practice’ in a different, but comparable field—the ‘gay propaganda’ cases. After that, the chapter continues the analysis on the basis of a broader case law corpus that includes all cases regarding the accommodation of Islamic practice in countries in which Islam is a minority religion.
Do We Need Data Protection at All?
Authors: Hallinan Dara
Published: April 2021

This chapter assesses whether there is any need to consider European data protection law as a framework for the protection of genetic privacy in biobanking in Europe at all. To answer the question, the chapter conducts a thought experiment and examines what the standard of protection in Europe would look like if one were to exclude data protection law from consideration. This is merely a thought experiment, as data protection already plays, and will continue to play, a significant role in the protection of genetic privacy in biobanking in Europe. The exercise is enlightening, however, in showing the extent of flaws in protection in European legal systems stripped of data protection. In this regard, the chapter then maps the protection provided to genetic privacy in biobanking by the EU's, and three European states'—Estonia, Germany, and the UK—legal systems. It then engages in a critical analysis, highlighting the significant inadequacy of the protection provided by these systems excluding data protection law. Finally, the chapter shows why, generally, European data protection law under the General Data Protection Regulation (GDPR) looks a viable solution to address the problems displayed by other approaches.
Testing the GDPR in Relation to Biobanking
Authors: Hallinan Dara
Published: April 2021

This chapter addresses how the biobanking process—in the instances in which it falls within the scope of the General Data Protection Regulation (GDPR)—is classified under the GDPR's classification systems. These classification systems do not, themselves, constitute substantive provisions; they do not consist of rights or obligations. They are, however, key in determining the types of actors to whom substantive provisions apply and the way in which substantive provisions apply. The chapter begins with a detailed elaboration of the GDPR's two key classification systems: the actor classification system and the personal data classification system. It then describes how the actor classification system applies to actors involved in the biobanking process, focusing on the applicability of the concepts of ‘data subject’, ‘data controller’, and ‘data processor’. Finally, the chapter considers how the personal data classification system applies to personal data processed in biobanking, looking, in particular, at the applicability of the concepts of ‘genetic data’ and ‘data concerning health’.
Medical Benefit-Risk Determination
Authors: Perakslis Eric D. , Stanley Martin
Published: April 2021

The basis of biomedical products regulation is the determination and comparison between the benefits and risks, or side effects, of the product examined in the context of medical need. High benefit, low-risk drugs such as anti-inflammatories are available over the counter and at the discretion of patients for minor aches and pains. The horrible side effects of platinum-based chemotherapies used intravenously to treat certain cancers are reserved for more dire medical circumstances and are only administered under strict medical supervision. The knowledge behind these practices and the controlling regulations have been developed via rigorous clinical trials and decades of clinician experiences. But how to assess the benefits and risks of rapidly emerging digital health tools and capabilities, most of which defy current regulatory categorization? Clearly, new qualitative and quantitative models of medical benefits and risks are needed.
Trenches, Cadences, and Faces
Authors: Sherman Nancy
Published: April 2021

Nancy Sherman examines the lived experience of World War I British soldiers engaged in trench warfare through David Jones’s epic war poem In Parenthesis and Pat Barker’s Toby’s Room. In Sherman’s telling, In Parenthesis demonstrates how the morale and social connectivity of a unit of soldiers is built through verbal and nonverbal interactions alike. Sherman demonstrates how Jones is able to convey these tendencies through the structure and meter of his poem, in concert with its lines. This is the before; Toby’s Room, the second novel in Pat Barker’s second World War I trilogy, addresses itself to the after. Tens of thousands of British soldiers suffered horrific facial wounds in World War I, often repaired or covered up in ways that made it impossible for the soldiers to display emotions or demonstrate motives. Sherman suggests that “to have a massively disfigured face is, in a sense, to lose a social self.” Hiding the face behind a mask, however palatable to the outside world, will never offer an adequate solution.
A Review of Psychological Well-Being and Mortality Risk
Authors: Trudel-Fitzgerald Claudia , Kubzansky Laura D. , VanderWeele Tyler J.
Published: April 2021

Psychological well-being (PWB) is associated with lower chronic disease and mortality risk and may be enhanced with relatively low-cost interventions. Such interventions target specific dimensions of PWB (e.g., optimism, purpose in life), although distinct PWB dimensions may differentially impact physical health outcomes. The effectiveness of PWB interventions to improve physical health will be limited and difficult to assess without attention to these dimensions. Research has considered multiple PWB dimensions in relation to mortality risk, but a comparison of findings across studies has not been done. The authors summarize the relationships between all-cause mortality and multiple dimensions of PWB (e.g., life purpose, mastery, positive affect, life satisfaction, optimism). They then review biological (e.g., inflammation, antioxidants) and behavioral (e.g., smoking, physical activity) mechanistic pathways that could explain these associations. The authors discuss methodological considerations targeting the protective role of PWB in risk of mortality (and other health-related outcomes) and offer recommendations for future directions.
The International Council for Traditional Music and Society for Ethnomusicology
Authors: Pettan Svanibor
Published: April 2021

The notion of transforming the discipline, as suggested by the books’ title, is directly linked to the first joint scholarly meeting of the International Council for Traditional Music and Society for Ethnomusicology that took place as late as 2015, more than six decades after their foundations. This chapter offers historical, comparative, and personal insights into the two major scholarly associations in the field, creating a basis for an informed comprehension of ethnomusicological praxis discussed in other chapters. Distinctive and, in the beginning, hardly compatible intellectual histories of ICTM and SEM offer a key to understanding different attitudes toward activism and community engagement in both spatial and temporal terms. The chapter pays attention to the increasing interconnectedness, as well, and to the importance of shared members for cross-fertilization of ideas.
Praxis through HONK!
Authors: Liebman Becky
Published: April 2021

This chapter traces the recent rise of activist street bands in the United States (mainly brass, woodwinds, and percussion—loud, lively, and mobile), and places them in an historical context, with specific attention to how bands across the country are experimenting to achieve the greatest social impact. In 2006, organizers in Somerville, Massachusetts, created the first festival for the gathering of activist street bands under the polysemic term “HONK!” They noted that bands honk their horns for the same reasons motorists honk: “to arouse fellow travelers, to warn of danger, to celebrate milestones, and to just plain have fun.” In the ensuing years, HONK! festivals quickly emerged in Seattle, New York, Providence, Austin, and Detroit. Participating bands draw from many musical traditions, including New Orleans, Balkan, Brazilian, and pop. Band members, generally amateurs, learn music aurally and/or through written music, allowing for a wide level of ability, often inspiring onlookers to play. Some bands have leaders; many are leaderless. In the public and digital commons, activist street bands attract attention. This chapter asks probing questions about whether they have an impact. What are the lessons learned about how best to partner with nonprofit organizations, NGOs, or campaigns to convey the desired messages? What significance do gender, ethnicity, and class have in these partnerships?
Atomism in the Aeneid
Authors: Gorey Matthew M.
Published: April 2021

This book examines the role of philosophical metaphor and allegory in the Aeneid, focusing on tendentious allusions to Lucretian atomism. It argues that Virgil, drawing upon a popular strain of anti-atomist and anti-Epicurean arguments in Greek philosophy, deploys atomic imagery as a symbol of cosmic and political disorder. The first chapter of this study investigates the development of metaphors and analogies in philosophical texts ranging from Aristotle to Cicero that equate atomism with cosmological caprice and instability. The following three chapters track how Virgil applies this interpretation of Epicurean physics to the Aeneid, in which chaotic atomic imagery is associated with various challenges to the poem’s dominant narrative of divine order and Roman power. For Aeneas, the specter of atomic disorder arises at moments of distress and hesitation, while the association of various non-Trojan characters with atomism characterizes them as agents of violent disorder needing to be contained or vanquished. The final chapter summarizes findings, showing how Virgilian allusion to Lucretian physics often conflates poetic, political, and cosmological narratives, blurring the boundaries between their respective modes of discourse and revealing a general preference for hierarchical, teleological models of order.
The Ubiquitous Presidency
Authors: Scacco Joshua M. , Coe Kevin
Published: April 2021

American democracy is in a period of striking tumult. The clash of a rapidly changing socio-technological environment and the traditional presidency has led to an upheaval in the scope and standards of executive leadership. Research on the presidency, although abundant, has been slow to adjust to changing realities associated with digital technologies, diverse audiences, and new political practices. Meanwhile, journalists and the public continue to encounter and shape emerging presidential efforts in deeply consequential ways. This book offers a comprehensive framework for understanding contemporary presidential communication: the ubiquitous presidency. Presidents harness new opportunities in the media environment to create a nearly constant and highly visible presence in political and nonpolitical arenas. They do this by trying to achieve longstanding presidential goals, namely visibility, adaptation, and control. However, in an environment where accessibility, personalization, and pluralism are omnipresent considerations, the strategies presidents use to achieve their goals are very different from what we once knew. Using this novel framework, the book undertakes one of the most expansive analyses of presidential communication to date. A wide variety of approaches—ranging from surveys and survey-experiments, to large-scale automated content and network analyses, to qualitative textual analysis—uncover new aspects of the intricate relationship between the president, news media, and the public. Focusing on the presidency since Ronald Reagan, and devoting particular attention to the cases of Barack Obama and Donald Trump, the book uncovers remarkable shifts in communication that test the institution of the presidency and, consequently, democratic governance itself.
Conclusion
Authors: Hamblin Jacob Darwin
Published: April 2021

By reframing our understanding of nuclear issues, we can see more clearly the intersection of the so-called peaceful atom with seemingly disconnected topics, including racism, colonialism and neocolonialism, propaganda, surveillance and control, weapons programs, and war. When we acknowledge these connections, the centrality of a cornucopian narrative emerges—one that counts on remaking nature, quickening its pulse, or avoiding environmental dangers—as an unmistakable feature of atomic energy when pursued by governments. If that is the case, we must begin to acknowledge that these particular ideas are deeply embedded in the same range of difficult and ugly global questions. The cornucopian promise of the atom has been an extraordinary useful instrument of power. It was not a marginal issue in the global nuclear order. Instead, it has been the one indispensable piece of it.
Conclusion
Authors: Lauve-Moon Katie
Published: April 2021

This concluding chapter demonstrates the concept of the stained-glass labyrinth by providing an overview of gendered barriers identified in each chapter and ways different types of gendered organizational processes reinforce normative gender structure both within these organizations and in broader society. It illustrates how gendered processes on the individual, interactional, organizational, and societal levels are mutually reinforcing in ways that result in unequal outcomes between men and women. In particular, this chapter illustrates how normative gender structure within CBF congregations presents barriers for women pastors in these contexts thereby reinforcing their underrepresentation in leadership positions. Finally, this chapter reiterates previous chapters by emphasizing organizational (structural) change. Instead of exclusively expecting women pastors to adopt strategies to maneuver better through organizational gendered barriers and resist sexism, this work calls on organizations to change the gender structure itself so that women no longer have to clear unequal and sizeable hurdles on their paths to pastoral positions and in their positions as pastors. For it is only through structural change that gender equality can be fully realized.
The Modern “Experience”
Authors: Golia Julie
Published: April 2021

This chapter analyzes “Experience,” the popular and long-running Detroit News advice column that transformed into a vibrant virtual community. “Experience” letter writers became longtime, regular contributors, addressing their letters not just to columnist Nancy Brown but to other participants—and to readers writ large. They crafted a collective narrative around the loneliness of city life and assuaged their sadness through the anonymous comfort of strangers, with whom they fostered long-term and deeply felt virtual friendships. The column’s anonymity promised its participants freedom of expression and a space for authentic confession—even as many of the biographical details participants shared were likely embellished or altered. Columns like “Experience” established the language and practices of virtual communities decades before the emergence of the Internet.
Free speech on social media
Authors: Sorabji Richard
Published: April 2021

Chapter 3 turns to an important problem of the present day. It says that law is after all required if freedoms are to be preserved, when some of the online social media offset the benefits they have to offer by basing their profits on exploiting personal profiles based on personal data left online by users. It spells out the bad effects of this and counters the suggestion that any media producing these bad effects can claim to be supporting free speech as understood by those reviewed in chapters 1 and 2. It supports the education of nine- to eleven-year-olds in detecting fake news and targeted news, and recommends encouraging compliant media. But with reference to government documents, it also proposes new legislation and new methods of enforcement against such misuse of speech.
Introduction
Authors: Pavel Carmen E.
Published: April 2021

The paradox of commitment obtains both among individuals and states. Individuals are reluctant to reduce their freedom in order to submit themselves to rules that augment the freedom of all. Similarly, states have difficulty relinquishing their autonomy for the sake of their protection and the protection of other states. However, the fundamental rules of mutual tolerance among states are not self-enforcing. States require institutionalized, impartial mechanisms for interpreting, applying, and enforcing those rules and for solving the inevitable conflicts and disagreements that arise in the process of deciphering and complying with them. The introduction sets out the theoretical and practical context for the argument presented in this book and provides a chapter summary.
Conclusion
Authors: Pavel Carmen E.
Published: April 2021

The conclusion shows that while the book draws on international legal scholarship, legal philosophy, and empirical and qualitative political science, its mode of analysis distinguishes it as a work of political philosophy. It identifies some of the central moral ideals of the rule of law and places them at the core of a revised international legal system. The ultimate beneficiaries of a revised international law are the individuals living in various states. Their interests are better protected when states respect human rights, cooperate peacefully, refrain from producing negative externalities, and protect natural resources. The political philosophy this project draws on is one which takes individuals as the ultimate units of moral concern. This book demonstrates that normative analyses of international law can be substantially enriched by taking this perspective.
Introduction
Authors: Myrick Nathan
Published: April 2021

This chapter introduces the topic of musical worship and ethics. It describes the rationale for the book and the research that inspired it, along with the scope of its claims. In highlighting the importance of ethical reflection on the activity of musical worship, particularly the intersections and ongoing synergies of ritual, community, subjectivities, aesthetics, dogma, and personal identities, the chapter situates the book as one in a line of interdisciplinary scholarship that provides a variety of perspectives on a given subject—in this case, the ethical significance of musical worship.
Response
Authors: Myrick Nathan
Published: April 2021

This chapter interweaves theological reflections from the traditions of American theological ethics and music philosophy with the author’s fieldwork, showing how an ethic of responsiveness makes claims on participants in the activity of musical worship. It argues that caring responsibilities that arise from such musical activity will require attentiveness to both relationships and justice. The chapter claims that this kind of care oriented toward restorative justice is a Christian response to biblical depictions of “the greatest commandment[s].” The chapter shows examples of how this just and caring responsiveness in musical worship may be enacted, concluding with an affirmation of the centrality of relationships for human beings.
How Nations Remember
Authors: Wertsch James V.
Published: April 2021

How Nations Remember draws on multiple disciplines in the humanities and social sciences to examine how a nation’s account of the past shapes its actions in the present. National memory can underwrite noble aspirations, but the volume focuses largely on how it contributes to the negative tendencies of nationalism that give rise to confrontation. Narratives are taken as units of analysis for examining the psychological and cultural dimensions of remembering particular events and also for understanding the schematic codes and mental habits that underlie national memory more generally. In this account, narratives are approached as tools that shape the views of members of national communities to such an extent that they serve as co-authors of what people say and think. Drawing on illustrations from Russia, China, Georgia, the United States, and elsewhere, the book examines how “narrative templates,” “narrative dialogism,” and “privileged event narratives” shape nations’ views of themselves and their relations with others. The volume concludes with a list of ways to manage the disputes that pit one national community against another.
A Conceptual Tool Kit
Authors: Wertsch James V.
Published: April 2021

The chapter begins with a section on methods and forms of evidence that outlines the difference between top-down and bottom-up analyses of national memory and notes that the latter will be given more emphasis in this book than is the case in many studies of national identity and memory. The section also argues that by understanding how narrative tools can “co-author” individuals’ speaking and thinking, it is possible to avoid misguided notions of “primordialism” that are part of the rhetorical claims of nationalists. The next section examines the sense in which national memory is memory and argues for the need to focus on remembering individuals as members of groups. This involves a review of ideas from figures such as Maurice Halbwachs and Frederic Bartlett on collective and individual memory. This is followed by a section on “Flashbulb Memories as Memory in the Group,” which uses a body of literature in psychology to develop a conceptually grounded notion of national memory that includes the observation that Bartlett’s notion of schema underpins much of the entire discussion. The next section, on “symbolic mediation,” reviews the origins of this idea in the writings of several European and Russian scholars and goes into the case of literacy as an illustration as outlined in empirical studies by Luria and Vygotsky. It then poses an analogous line of reasoning for narratives as symbolic mediation. This includes a discussion of the “inner logic” of narrative tools, “narrative truth,” and two levels of narrative analysis (“specific narratives” and “narrative templates”).
Walking the Way Together
Authors: Jenkins Kathleen E.
Published: April 2021

In Walking the Way Together, Kathleen E. Jenkins offers an in-depth ethnographic study of parents and their adult children who walk the Camino de Santiago. A Catholic visitation site of medieval origins with walking paths across Europe, the Camino culminates at the shrine of St. James in the city of Santiago de Compostela, the capital of Galicia, an autonomous region of Spain. It has become a popular point of religious tourism for Catholics, spiritual seekers, scholars, adventurers, and cultural tourists. In 2019, 347,578 people arrived at the Pilgrim’s Office seeking a certificate of completion; they had walked anywhere from 100 to over 800 kilometers. Like other sites of pilgrimage and tourism, the Camino has been deeply altered by media and digital technologies. The book brings alive family stories of investing in pilgrimage as a practice for strengthening kin relationships and becoming a part of each other’s emotional and spiritual understandings. The social and spiritual encounters that supported and inhibited these relational goals emerge as fathers, mothers, sons, and daughters describe walking for six hours or more each day through mountain, rural, and urban paths. They are stories of pleasant surprises, disappointments, lessons learned, and the far-reaching emotional power that the memory of ritual failures and successes can carry. Ultimately, they present the potential for pilgrimage to foster and maintain intimate ties in today’s fragile world, to build an engaged social consciousness, and to encourage reflection of digital devices and social medium platforms in the pursuit of spirituality.
Planning the Mysterious
Authors: Jenkins Kathleen E.
Published: April 2021

This chapter illustrates how parents and their young adult children approached making decisions about how they would walk the Camino de Santiago together and the role that Camino guidebooks, published pilgrims’ narratives, and online sites played in their expectations and design. Drawing largely from formal interviews with pilgrims, it highlights the abundance of choices these parents and young adult children faced regarding hospitality, travel, and digital technologies. The chapter emphasizes how, through familiar mechanisms and processes of buying family leisure time, they pursued the Camino’s call to be open to the unknown and its promise of sacred connection to others, nature, and mystical encounters.
Spiritual Intimacies
Authors: Jenkins Kathleen E.
Published: April 2021

This chapter illustrates how family members’ Camino expectations played out in their descriptions of shared pilgrimage experience. It reveals how their stories matched the self-searching, relational connection, and caring expectations found in larger cultural therapeutic understandings and expectations of family intimacy, and it explores the salience of gender as it relates to the type of spiritual intimacy parents described. The chapter considers how most research participants told stories that demonstrated a larger archetype of travel for transformation; theirs were narratives of journeying through a space that brought change to their everyday relationships upon their return home.
Connective Memories
Authors: Jenkins Kathleen E.
Published: April 2021

This chapter illustrates how families constructed recollections of spiritual intimacy that had the potential to shape new experiences of intimacy upon their return home. Drawing from Randall Collins’s work on the character and function of the emotional energy at work in ritual life, it discusses the emotional weight of ritual memories, symbolic recollections of Camino spiritual intimacy that had the potential to change family relationships and identity. It describes three types of connective memories family members talked about as significant: quiet memories (stories and sensory memories that are generally more private and shared only with intimate others), digital memories (photographs and other media forms of constructed memory), and material memories (printed photographs, symbolic objects such as jewelry, a pilgrim’s stamped credentials, and Camino tattoos). The chapter also discusses distancing memories, negative ritual emotional memories with the potential to sever feelings of family/group identity and solidarity with others and nature.
The Separation of Law and Religion
Authors: Banner Stuart
Published: April 2021

This chapter discusses an important change in lawyers’ understanding of the relationship between the spheres of law and religion during the 19th century. In the early Republic these spheres substantially overlapped. Natural law was understood to have been created by God. Christianity was considered to be part of the common law. Americans may not have become any less religious in the 19th century, but they increasingly came to think of religion as part of one’s private, personal life, separate from the public sphere of law. As law and religion separated, the notion that natural law should play a role in the legal system came to seem more and more anomalous.
Broadcasting the Diva of Dubbing
Authors: Fleeger Jennifer
Published: April 2021

For children growing up in the Pacific Northwest in the 1970s and 1980s, Hollywood playback artist Marni Nixon was known not as the singing voice of Deborah Kerr or Audrey Hepburn, but as “Marni,” the cheerful mother of an incorrigible yellow puppet named Norbert, whose problems she solved on local television with a story and a song. The award-winning Boomerang (1975–1981) reveals how the goals of educational television were linked to expectations of the maternal voice embodied in a figure familiar to parents from the Hollywood musical. The placement of Marni Nixon in a lineage of televisual children’s ventriloquists such as Shari Lewis and Fred Rogers further destabilizes the voice that would only appear to be finally united with a body. This chapter analyzes Boomerang’s structure and style alongside parenting manuals from the period to argue that the fissures in viewers’ perception of Marni Nixon reflect a shift in the cultural understanding of how mothers should interact with their children, a change surprisingly dependent on discourses of ventriloquism.
Identity Politics and Vocal “Whitewashing” in Celebrity Lip-Syncs
Authors: O’Meara Jennifer
Published: April 2021

The popularity of celebrity lip-syncing in contemporary media culture often lies in the presentation of racial and/or gender-based disjunctions between the connotations of the voice that is heard and the body that is seen. This chapter argues that such racial ventriloquism can be conceived as vocal “whitewashing,” which involves changing a preexisting vocal performance by a person of color into one by a white person. With a focus on two performances by white actors (Paul Rudd and Emma Stone) on The Tonight Show Starring Jimmy Fallon and a contrasting performance by a Black actor (Taraji P. Henson) on Lip Sync Battle, the chapter contextualizes and historicizes the trend in which white celebrities “try on” the voices of singers of color. It demonstrates how the racial ventriloquism involved in such lip-syncs intersects problematically with histories of cultural appropriation in the US film and music industries.
Augustine’s Use of Rhetorical Economy in His Scriptural Hermeneutic
Authors: Gronewoller Brian
Published: April 2021

Chapters 1–2 form a distinct unit (Part I), establishing several foundations for the arguments in the remaining chapters. Chapter 1 focuses on rhetorical economy, introducing the concept and previous research on Augustine’s incorporation of it into an area which intersects naturally with ideas from literary and rhetorical theory—his scriptural hermeneutic. The final section of this chapter then demonstrates that Augustine utilizes rhetorical economy in his scriptural hermeneutic as early as AD 387–8. Chapter 1 thus establishes that Augustine: (1) utilizes rhetorical economy in his work as a Christian; and (2) does this quite soon after his conversion to Christianity.
The Gallican Evangelicals
Authors: Bruening Michael W.
Published: April 2021

The Gallican evangelicals of the 1550s and 1560s, represented here primarily by Jean de Monluc, François Bauduin, and Charles Du Moulin, stayed on the path blazed by early French evangelicals and continued to seek evangelical reform within the existing French church. Monluc, bishop of Valence, adopted Protestant ideas and practices in his diocese. He worked with the lawyer Bauduin and Huguenot nobleman Antoine of Navarre to try to forge a religious compromise at the Colloquy of Poissy. Calvin turned against Bauduin, whom he labeled a moyenneur. Legal expert Charles Du Moulin lived briefly among the Reformed in Switzerland, Germany, and Montbéliard before returning to France, where he outwardly abjured the Protestant faith but increasingly wrote about religious matters from an evangelical perspective. Du Moulin turned bitterly against the Calvinists, however, for he feared they were taking over the evangelical movement in France.
How Much Harm Does Each of Us Do?
Authors: Broome John
Published: April 2021

This chapter attempts to estimate the amount of harm an average American does by her emissions of greenhouse gas, on the basis of recent very detailed statistical analysis being done by a group of economists. It concentrates on the particular harm of shortening people’s lives. The estimate is very tentative, and it varies greatly according to how effectively the world responds to climate change. If the response is very weak, the author estimates that an average American’s emissions shorten lives by six or seven years in total. If the response is moderately strong, the figure is about half a year.
Pareto Improvements and Feasible Climate Solutions
Authors: Steele Katie
Published: April 2021

Proponents of International Paretianism (IP)—the principle that international agreements should not make any state worse off and should make some at least better off—argue that it is the only feasible approach to reducing the harms of climate change. They draw on some key assumptions regarding the meaning of ‘feasibility’ and the nature of the Pareto improvements associated with coordinated action on climate change. This chapter challenges these assumptions, in effect weakening the case for IP and allowing for broader thinking about what counts as a ‘feasible’ climate solution.
Reaching the Internal Tension Model
Authors: Cohn Margit
Published: April 2021

This chapter provides the basis of the model advanced in the book. Based on the internal tension model, governing constitutionalism-at-large, the chapter submits that the executive is best viewed as straddling the line between subjection to law and dominance beyond law. This is no ‘paradox:’ embodying one of the tensions ingrained in constitutional law, the executive draws on an irresolvable tension between its role as executor of law, under the separation of powers ideal, and its function as manager, or dominant decision-maker in the political sphere, in which it acts above and beyond the law. Under the internal tension model, normative theory can be better expounded, and the extent of required constraints over excessive power can be better addressed. The chapter discusses, and rejects, three models of the executive branch, all of which are based on hierarchical and dichotomous thinking. The subservient executive model connotes full supremacy of the constitution and legislation over the executive; the imperial executive model draws on a vision of executive supremacy; and the third, bipolar model offers a vision of alternating modes of operation. All are set aside in favour of a model that recognizes the internal tension which underlies executive action.
Legislation-Generated Fuzziness
Authors: Cohn Margit
Published: April 2021

Under classic accounts, a single, overarching and all-inclusive legislative mandate or organic statute grants executive agencies the authority to act in a specified field of action, and delineates the contours of their action by setting limits and conditions. However, as any practitioner can attest, the legislative mandate, when it exists, is never the sole source of executive authority, and is always supported by other legal rules. There will usually be other legal rules that have no direct link to the legislative mandate, when it exists: other statutes, executive orders, and other unilateral measures, and, in a Federal system, state law, when and as far as it pertains to any aspect of a Federal arrangement. The chapter analyses two patterns of patchwork legislation, piling-up and dispersion. Using examples from the UK and the US in the fields of emergency and air pollution law, the chapter claims that the existence of multiple rules fuzzies-up the law. Varying in intensity and form, patchwork law commonly features in these four examples of domestic authorizations to act under, and beyond, formal law.
Postcolonial Security
Authors: Wyss Marco
Published: April 2021

In light of the discrepancy between Britain’s and France’s postcolonial security roles in Africa, which seemed already determined half a decade after independence, this book studies the making of the postcolonial security relationship during the transfer of power and the early years of independence (1958–1966). The focus is on West Africa and, more specifically, on Nigeria and Côte d’Ivoire. While it was in this subregion that the decolonization wave emerged and the Cold War made its debut in Africa, the newly independent states of Nigeria and Côte d’Ivoire rapidly evolved into key players in the postcolonial struggle for Africa. Based on research in fourteen archives in Africa, Europe, and the United States, the book comparatively investigates the establishment of formal defence relations, the disintegration of the Anglo-Nigerian ‘special relationship’ and Franco-Ivorian ‘neocolonial collusion’, the provision of British and French military assistance to their former colonies and the competition they faced from West Germany and Israel respectively, and the Anglo-American partnership in Nigeria and the Franco-American rivalry in Côte d’Ivoire. Through this investigation it becomes evident that, whereas Britain was rapidly and increasingly pushed out of and replaced in the Nigerian security sector by Western competitors, France succeeded in retaining its military foothold and pre-eminence in Côte d’Ivoire. Informed by postcolonial approaches, this book argues that while London’s Cold War blinkers and Paris’s neo-imperial agenda were part of the equation, the postcolonial security relationship was ultimately determined by the Nigerian and Ivorian elites, which in turn responded to their local and regional circumstances against the background of the Cold War in Africa.
Nothingness and the Ground of Reality
Authors: Priest Graham
Published: April 2021

In this paper Priest argues that everything (the totality of all objects) and nothing (the absence of all objects) are perfectly good objects. Each can be defined as a certain mereological sum (fusion). He also argues that nothing is a contradictory object, which is also not an object; and further, that this contradictory object is, in a certain sense, the ground of reality.
Doing Justice to History
Authors: Sander Barrie
Published: April 2021

As communities—both local and international—have struggled to make sense of mass atrocity situations, expectations have increasingly been placed on international criminal courts to render authoritative historical accounts of the episodes of mass violence that fall within their purview. Taking these expectations as its point of departure, Doing Justice to History seeks to understand international criminal courts through the prism of their historical function—critically examining how such courts confront the past by constructing historical narratives concerning both the culpability of the accused on trial and the broader mass atrocity contexts in which they are alleged to have participated. The book argues that international criminal courts are host to struggles for historical justice, discursive contests between different actors vying for judicial acknowledgement of their preferred interpretations of the past. By examining these struggles within different institutional settings, the book surfaces the legitimating qualities of international criminal judgments—illuminating, in particular, what tends to be foregrounded and included within, as well as marginalised and excluded from, the narratives of international criminal courts in practice. What emerges from this account is a sense of the significance of thinking about the emancipatory limits and possibilities of international criminal courts in terms of the historical narratives that are constructed and contested both within and beyond the courtroom in different institutional and societal contexts.