bluuebunny/crossref_metadata_2025 huggingface dataset:
The Public Forum
Authors: Zick Timothy
Published: October 2019

This chapter examines concerns relating to preserving access to public properties for the purpose of facilitating freedom of expression. Historically, speakers and groups have fought to obtain and preserve First Amendment rights to access and use what are referred to as “public forums”—places that the government owns or controls, but that are held in trust for the people for the purpose of exercising First Amendment rights. The “law and order” mantra of the Trump Era has revived concerns, dating in particular from the 1960s and 1970s, about preserving speakers’ access to public places including streets and parks. Government “law and order” policies and actions, along with various other access limits, raise concerns about the continued viability of the public forum. In addition, during the Trump Era, issues have arisen with regard to speakers’ access to places in the “modern public square,” including official social media sites. President Trump’s decision to block several critics from the comment portion of his Twitter page is only the most prominent example of this new access concern, which will affect dissenters’ ability to communicate with an increasing number of public officials. Preserving access to traditional and digital forums will be critical to maintaining a culture of dissent.
Dealing with “Hate Speech”
Authors: Zick Timothy
Published: October 2019

This chapter discusses the controversies over “hate speech” that have dogged President Trump’s early years in office. It provides a brief primer on the First Amendment doctrine relating to “hate speech,” under which derogatory expression is mostly considered protected speech. The chapter examines both the harms associated with “hate speech” and the principal justifications for protecting it. It criticizes the Trump administration’s handling of issues relating to “hate speech.” It also addresses the special problems associated with governmental “hate speech.” The chapter concludes with a consideration of the extent to which the government can use its own expressive powers to educate Americans about the need to preserve both freedom of speech and the security and equal dignity that “hate speech” undermines.
The Decision to Report
Authors: Tufford Lea
Published: October 2019

This chapter presents a mandatory reporting model outlining the decision-making factors within the context of reporting suspected child abuse and neglect. The chapter begins by examining the literature on decision-making and child maltreatment and then focuses on neurological and emotional aspects of decision-making. The chapter moves to delineating the empirical factors (legal, clinician, situational, professional, and relationship) associated with mandatory reporting and specific domains within each factor. A case example provides an illustration of the decision-making process in a mandatory reporting situation.
Strategies to Maintain the Relationship
Authors: Tufford Lea
Published: October 2019

Following the decision to report or not report child maltreatment, many mandatory reporters are concerned with maintaining the relationship with the family, and this concern is examined more extensively in this chapter. This chapter describes typical client feelings and reactions to a report of suspected child abuse and neglect as well as the potential impacts on the relationship. A comprehensive overview of strategies to maintain the relationship is covered, including engagement strategies, reporting strategies, information strategies, affect regulation strategies (for mandatory reporter and client), advocacy strategies, resource strategies, and strategies that take culture and ethnicity into account. At the conclusion of this chapter is a conceptual model outlining the reporting decision-making factors and the strategies to maintain the relationship.
Time and Brubeck Time
Authors: Crist Stephen A.
Published: October 2019

This chapter sketches some of the most important factors that led to the formation of the Dave Brubeck Quartet and its rise to fame in the 1950s. Brubeck’s interest in polyrhythms is traced back to his formative years in the 1930s and 1940s, including his work with two predecessors of the Quartet, the Dave Brubeck Octet and the Dave Brubeck Trio. After its formation in 1951, the Dave Brubeck Quartet achieved popular acclaim and signed a multiyear contract with Columbia Records in 1954. Shortly thereafter, Brubeck appeared on the cover of Time magazine. Around the same time, he recorded his first studio album for Columbia, Brubeck Time, whose title was purely a promotional tactic. The experimental meter signatures of Time Out were still five years in the future.
Creative Process II
Authors: Crist Stephen A.
Published: October 2019

Among Dave Brubeck’s personal audio recordings are about two dozen takes of “Take Five,” which preceded the full-length version on Time Out and the shorter single release version. This chapter discusses first the familiar versions from July 1959, and then considers how the Quartet’s efforts at the end of June paved the way for those iconic recordings. A surprising discovery from the original session recordings of “Kathy’s Waltz” and “Strange Meadow Lark” is that both cuts were spliced from supplemental takes. The recording history of “Everybody’s Jumpin’ ” includes the unexpected fact that a portion of the tune originated in 1950, nine years before the Time Out sessions. The chapter also examines the original recordings of “Three to Get Ready” and “Blue Rondo à la Turk,” as well as two tracks that shed light on the origins of “Pick Up Sticks.”
Metrical Experimentation
Authors: Crist Stephen A.
Published: October 2019

A fundamental characteristic of Dave Brubeck’s Time Out album is that it eschews common meter, which had long formed the temporal basis for jazz. This chapter takes stock of this central aspect of Time Out. A judicious appraisal of Brubeck’s work with unusual meters and rhythms must be informed by several considerations. First, by 1959 Brubeck had been interested in metrical experimentation for more than two decades. Second, Brubeck’s fascination with the temporal aspects of jazz continued in four additional albums during the 1960s. Finally, Brubeck’s enduring legacy rests on his unique ability to pursue this progressive musical agenda while simultaneously achieving broad popular appeal.
Time Marches On
Authors: Crist Stephen A.
Published: October 2019

This chapter first picks up and develops three strands in Dave Brubeck’s biography, which were introduced in the opening chapters of the book: the Quartet’s work with Leonard Bernstein and the New York Philharmonic, Brubeck’s involvement in issues of civil rights, and Dave and Iola Brubeck’s efforts to bring The Real Ambassadors to fruition. The balance of the chapter considers the early critical reception of Time Out, sketches the outlines of its four sequels (Time Further Out, Countdown: Time in Outer Space, Time Changes, and Time In), and examines the circumstances surrounding the dissolution of the Dave Brubeck Quartet in 1967.
The Sage of Königsberg
Authors: Kant Immanuel
Published: October 2019

Better than anyone, Kant recognized the power and authority of the moral law. On that foundation he constructed two variants of the moral argument. His argument from grace pertains to whether or not the moral life is possible. Morality requires us to achieve a stand too demanding to meet on our own. Divine assistance is needed to close the resulting gap. So rationality dictates that we postulate God’s existence. Kant’s argument from providence pertains to the aforementioned rational need for happiness and virtue to cohere. Full rational commitment to morality requires that morality is a rationally stable enterprise, which entails the ultimate correspondence between virtue and (both individual and corporate) fulfillment. Without God’s existence there’s no particularly good reason to think such correspondence obtains. So rationality dictates the postulation of God’s existence.
A Contentious, Contemplative Cardinal
Authors: Newman John Henry
Published: October 2019

John Henry Newman exemplified the fact that the history of apologetics is very much a story about epistemology, a theme that will recur throughout this book. His rich epistemological insights served as the foundation of his moral argument. His broad epistemology and expansive empiricism recognized that we’re more than narrow logic choppers. He likened the quest for truth to a vaulted ceiling that ingeniously throws its weight in a variety of directions. We gradually come to the conclusions we do through a complicated process of considering a great number of evidences, not just through tight discursive analyses. The phenomenology of conscience, in particular, he thought, can prove telling as we have direct experience of One to whom we’re responsible, before whom we’re ashamed, whose claims on us we fear, making possible what he called a real assent and a sense of deep assurance.
The Theo-Philosopher of Carlisle
Authors: Rashdall Hastings
Published: October 2019

Hastings Rashdall critiqued Henry Sidgwick’s inability to see that rational benevolence has primacy over rational self-love, so while recognizing the dualism of practical reason, Rashdall underscored the strength of at least certain versions of theism to account for the priority of benevolence and altruism. As both a moral apologist and kind of utilitarian, Rashdall also demonstrated that agreement on normative ethical matters is not a prerequisite for proponents of the moral argument. What’s needed more centrally is an essential dependence relation of morality on God, not agreement on the peripheral matter of fine-grained normative analysis. Rashdall argued that a generous empiricism won’t domesticate morality but will instead insist on allowing the deliverances of morality, the binding nature of the moral law, and the transcendent implications and aspirations of the moral good to inform his metaphysics. Like others, he thought the moral argument works best when combined with other pieces of natural theology.
The Gregarious Aristocrat
Authors: de Burgh W. G.
Published: October 2019

For W. G. de Burgh moral evidence doesn’t entail theism but does incline toward it. Such evidence includes both goodness and rightness, and de Burgh endorsed a cumulative case for God’s existence. He thought it took Kant’s work on obligations to give the moral argument its teeth and momentum. Consciousness of moral obligations implies the reality of a moral order, which then implies God as its author and sustainer. Likewise with moral values, which are better explained by a personal God than by an impersonal Platonic realm. When it came to God’s love, he departed from the tradition of analogical predication, thinking it inadequate for a full appreciation of the Incarnation. He also argued that divine holiness without divine love would call into question God’s goodness.
Introduction
Authors: Cohen Julie E.
Published: October 2019

This introductory chapter provides an overview of the interlinked themes of political economy, governmentality, and institutional configuration that the book will explore. It begins with a brief exploration of the roles that networked information technologies and law play in relation to economic and political power: through their capacities to authorize, channel, and modulate information flows and behavior patterns, code and law mediate between truth and power. It then briefly sketches the ongoing and interrelated transformations in political economy and political ideology (or governmentality) that are now underway. Finally, it returns to law, situating legal institutions within processes of economic and ideological transformation.
The Biopolitical Public Domain
Authors: Cohen Julie E.
Published: October 2019

This chapter explores the emergence of a new factor of production in the informational economy—data flows relating to people and their activities—and identifies the legal construct that facilitates contemporary practices of personal data extraction and processing. The idea of a public domain of personal data has two interrelated effects. First, it constitutes personal data as available and potentially valuable, thereby supporting the reorganization of sociotechnical activity in ways directed toward extraction and appropriation. Second, it constitutes the personal data harvested within networked information environments as raw, thereby underwriting narratives of legal privilege that attach to the processing of personal data processing on an industrial scale and to the outputs of such operations.
Conclusion
Authors: Cohen Julie E.
Published: October 2019

This book has explored the gradual and contested emergence of legal institutions adapted to the informational economy. It has considered changes in patterns of entitlement and disentitlement and in the structure and operation of regulatory and governance institutions. The conclusion offers a brief reflection on the ways that transformations in political economy shape the horizons of possibility for Polanyian protective countermovements and on the durability of such countermovements. It observes that countermovements are temporary, inevitably inviting new strategies for evasion, capture, co-optation, and arbitrage, but that they also create the possibility for real, incremental improvement—and occasionally even for transformative improvement.
The Origins of a Solution
Authors: Laderman Charlie
Published: October 2019

This chapter provides a background to the United States’ public and political engagement with the 1894–1896 Armenian massacres. It explores why the US Congress took the path-breaking step of adopting a joint resolution advocating diplomatic action, rather than just temporary relief, to address the humanitarian crisis, and traces the debate that arose within the US government over how it could legitimately respond to the massacres. It examines the relationship between American engagement in the Armenian question and calls for intervention in Cuba in 1898. And it also explains why the 1894–1896 Hamidian massacres led to the first discussion of a joint Anglo-American intervention in the Near East and the first suggestion of a possible American solution to the Armenian question.
Differential Object Marking (DOM) and Clitic Subspecification in Catalonian Spanish
Authors: Ordóñez Francisco , Roca Francesc
Published: October 2019

In this chapter we propose an analysis for Differential Object Marking (DOM) constructions. We also suggest a particular use of the pronominal object clitic le (which we call differential clitic marking) in some dialects of Spanish. Our approach to DOM is based on the existence of syntactic variation in little v—in the sense that it cannot license a particular kind of DPs and in the analysis of the preposition a as a probe that licenses these DPs. We also consider that pronominal l-clitics are elements that do not encode animacy and that the object clitic le is a form not specified for gender used for masculine referents in colloquial Catalonian Spanish. This allows us to capture some correlations between DOM and some instances of leísmo (understood as a particular marking of object clitics, not as a case of dativization).
The Boundaries of Constitutional Amendment
Authors: Albert Richard
Published: October 2019

Some constitutional amendments are not amendments at all. They are self-conscious efforts to repudiate the essential characteristics of the constitution and to destroy its foundations. They dismantle the basic structure of the constitution while at the same time building a new foundation rooted in principles contrary to the old. Changes on this scale are not properly called constitutional amendments. They are better understood as constitutional dismemberments. A constitutional dismemberment is incompatible with the existing framework of the constitution. It intends deliberately to disassemble one or more of the constitution’s elemental parts by altering a fundamental right, an important structural design, or a core aspect of the identity of the constitution. To use a rough shorthand, the purpose and effect of a constitutional dismemberment are the same: to unmake the constitution. But what, then, is a constitutional amendment? This chapter explains that there are four fundamental features to a constitutional amendment: its subject, authority, scope, and purpose. The most important feature of an amendment is its scope, which at all times must not exceed the boundaries of the existing constitution. This chapter therefore defines a constitutional amendment in terms of what it is and what it is not, with illustrations drawn from around the globe. This chapter considers constitutions from Barbados, Belize, Brazil, Canada, Dominica, Guyana, Ireland, Italy, Jamaica, Japan, New Zealand, and the United States.
Introduction
Authors: Avila Jacqueline
Published: October 2019

This chapter discusses the present state of research on music in Mexican cinema and why a study is so important. Building on frameworks of nationalism and cultural identity in Mexico the author utilizes the concept of “cultural synchresis,” which draws upon sound theorist Michel Chion’s model of synchresis—the combination of synchronism and synthesis that arises when an auditory phenomenon and a visual phenomenon occur at the same time. Using this model, the author investigates how repetitions of film—as bodies of music, the moving image, and narrative working in tandem—molded diverse codes of national identity construction aimed and recognized by urban audiences. This juxtaposition of the narrative, moving image (which encompasses the costuming, setting, lighting, etc.), and sound (which includes diegetic and non-diegetic music and sound design) produced encoded messages representing specific interpretations of Mexicanidad (the cultural identity of the Mexican people) that impacted collective memory.
The Sounds of Indigenismo
Authors: Avila Jacqueline
Published: October 2019

Chapter 3 discusses the problematic fictional indigenista film genre. Falling under the political ideology of indigenismo—discourses advocating for the social and economic integration of indigenous populations at the beginning of the twentieth century—the intended goal of the film genre was to introduce the “indigenous experience” to urban, mestizo audiences. Cinema held a unique position in this construction, but presented contradictory messages: it neither fully promoted nor totally negated integrationist procedures through the cinematic constructions of indigenous cultures. Within these representations, music played a crucial role in not just providing adequate changes in atmosphere but also in sonically depicting the indigenous experience. The chapter focuses on two films, Janitzio (1935) and María Candelaria (1944). These films both enforce exoticist representations that moved against integrationist discourses. While the cinematic interpretations indicate that modern society attempted to integrate these communities, the exoticist aural and visual representations of these communities amplified their Otherness.
Ritual Violence Envisioned
Authors: Olyan Saul M.
Published: October 2019

Passages that speak of violent rites imagined in the present or future are the focus of this chapter. These texts are typically found in prophetic materials and works characterized by apocalyptic eschatology and are cast in the form of visions, dreams, or oracles. In contrast to narratives set in the past that depict acts of ritual violence or legal texts that prescribe violent rites, the writers of violent, ritualized imaginaries situated in the present or future frequently draw on metaphor to construct their compositions. Four representative texts are the focus in this chapter: Ezek 16:35–43, an oracle that imagines a series of violent rites of punishment deployed against a personified Jerusalem; Zech 5:5–11, a prophetic vision of personified Wickedness; Jer 22:18–19, Yhwh’s promise of a dishonoring, animal-like burial for King Jehoiakim of Judah; and Dan 3:31–4:34, Nebuchadnezzar’s dream of his own transformation into a domesticated animal brought about in part by violent rites.
The China Factor and U.S.-Cuban Relations
Authors: Johnson Gregg B. , Lin Zhimin
Published: October 2019

Any discussion of the thaw in U.S.-Cuban relations must address China’s key role in Cuba’s political and economic structure. Today, China is not only a longtime supporter of the regime but also Cuba’s largest trading partner. Perhaps more importantly, the thaw in Sino-U.S. relations and subsequent shift in Chinese economic policy offers a potential model to the Cuban communist regime, a “moral inspiration” that encourages openness to the international economy, while maintaining internal control. This chapter examines the ways China’s direct economic and political interactions with the Cuban government facilitate further economic opening, while maintaining state control over key political and economic sectors. The chapter also examines the limits of the Chinese model and its implications for Cuba’s future.
Success Characteristics of Market Entry in Cuban Tourism
Authors: Walsh Janet L.
Published: October 2019

The importance of tourism in Cuba is clear given the expected 3.8 million visitors in 2018. Under the Barack Obama administration these rules were relaxed, permitting “self-certifying” travel to Cuba, meaning it was not necessary to be part of a regimented, organized group. As a result, Cuba saw the potential for a significant increase in U.S. tourists to the island. This chapter conducts a qualitative case study to examine market entry strategies, challenges, opportunities, and organizational actions of eighteen tourism businesses operating in Cuba. By illustrating how successful tourism industry companies entered the Cuban market and achieved sustainability, potential investors can learn from these experiences to build and/or fine-tune their own market-entry strategy. This study may narrow the gap between Cuba as a potential location for foreign direct investment and the specific actions taken by companies to establish business operations in Cuba.
U.S. Property Claims in Cuba
Authors: Kelly Michael J. , Moreno Erika , Witmer Richard C.
Published: October 2019

In the years since publication of the Report on the Resolution of Outstanding Property Claims between Cuba and the United States in 2007, the relationship between these two countries has undergone significant change. This chapter considers these political changes and how they impact the resolution of one of the most contentious issues in the thawing relationship between two longtime rivals, including the transition to Raul Castro and how the next political transition might impact property rights settlements. The chapter also suggests the expansion of the original model to include Cuban citizens at the time of expropriation now living in the United States, as a way to build trust in dealing with contentious property rights issues.
The East of the West
Authors: Eckert Astrid M.
Published: October 2019

This chapter investigates the history of “zonal borderland aid,” a program devised to support the West German border regions. It analyzes the strategies that borderland advocates deployed to entrench this government program for good. By depicting their regions as victimized by the Iron Curtain, they inadvertently generated the perception that the borderlands were backward. Pushing beyond 1990, the chapter addresses the economic consequences of the fall of the border and the widespread hope that the erstwhile periphery would turn into the new center of Germany and Europe. The borderlands became the places where the postunification “cotransformation” was instantly felt. The toolkit of economic aid that had been employed to prop up the borderlands now moved a few miles across the former border: “zonal borderland aid” turned into Reconstruction East, the program charged with rebuilding the economic capacity of former East Germany along capitalist lines.
Getting to Adoption
Authors: Goldberg Abbie E.
Published: October 2019

Chapter 1 explores the factors that influenced couples’ decision to pursue adoption, as well as their feelings, hopes, and fears surrounding adoption. Some couples—particularly heterosexual couples—recounted years of struggling to conceive, often with the help of painful, invasive, and expensive fertility drugs and treatments. Others described genetic or medical barriers to conceiving. This chapter also addresses the kinds of circumstances, beliefs, and experiences that fostered participants’ openness to adoption as a path to parenthood. For example, having family members who were adopted enabled a basic familiarity with adoption as a family-building route, making it less “foreign” than it was to some people—and served as evidence that biogenetic ties were not prerequisites for family membership and love.
Absence and Ambivalence
Authors: Goldberg Abbie E.
Published: October 2019

This chapter addresses birth fathers—but often in the context of their absence. Many adoptive parents did not appear to view birth fathers as symbolically or relationally as “important” as birth mothers. For some, this tendency persisted throughout their children’s lives. Others, though, became increasingly curious about their children’s birth fathers. Still others did enact relationships with birth fathers over time, and in some cases these were important relationships to parents and children. This chapter discusses these different patterns, with attention to how and why birth fathers are often “invisible” in adoption narratives. It also explores how adoptive parents talk about birth fathers and how this varies depending on whether parents adopted privately and domestically versus through foster care, and how it varies over time.
Revelation
Authors: Goodman Lenn E.
Published: October 2019

Chapter 8 addresses the nexus of God’s perfection to the Torah’s charge. Since prophecy is inevitably poetic, it demands hearers who are intellectually alive and can see that God’s perfection invites emulation, through a union of moral strength with intellectual depth. Jewish sages find a key to such wisdom in God’s Anokhi, the “I” that opens the Decalogue, or even in the opening aleph of that word, read as a sign for God since aleph stands for singularity. One sage read that aleph as a kind of mandala, its form suggesting a face made up of two yods, a traditional marker of God’s name, the two letters facing each other like two eyes, as if to remind us that we find God when we find ourselves—and to suggest a thought as old as Socrates and as fresh as Levinas: that we find ourselves when we discover one another.
“Some Choice of Means”
Authors: Schwartz David S.
Published: October 2019

Progressive-era constitutionalists who believed that problems of industrialization required increasing governmental intervention in economic life debated the meaning of McCulloch v. Maryland against conservatives who claimed that such interventions violated a supposedly constitutional principle of laissez faire. Progressives’ pro-imperialism views morphed into advocacy of domestic social reform as thinkers like James Bradley Thayer, Theodore Roosevelt, and Albert Beveridge interpreted McCulloch to maintain that the Constitution was sufficiently expansive and adaptable to accommodate both imperialism and reform. Meanwhile, the conservative judicial activism of this period, known as the Lochner era from the Supreme Court decision in Lochner v. New York (1905), led the Supreme Court to invalidate key federal laws, like the 1916 Child Labor Act, which was struck down in Hammer v. Dagenhart (1918). Notwithstanding McCulloch, the Court denied Congress the power to regulate labor and productive activities, even when necessary and proper to regulating interstate commerce.
Conclusion
Authors: Schwartz David S.
Published: October 2019

McCulloch v. Maryland’s nationalizing potential has not been fully realized, having been reined in by the Supreme Court for most of the years since it was written in 1819. Had McCulloch’s logic of implied powers been applied fully to the Commerce Clause, it would have been difficult to deny recognition of congressional powers to pursue internal improvements, to restrict slavery and child labor, and to regulate the areas of economic life now deemed within Congress’s authority under the Commerce Clause. Despite McCulloch’s importance, the claims that it made law or built the nation can all be traced to times when participants in constitutional politics felt the need to give a historical gloss to a contemporary argument. But liberals’ canonizing of John Marshall and McCulloch is not effective to make Supreme Court justices overcome their strongly held judicial views. McCulloch is simply too ambiguous to mandate a particular result in most contested cases.
Leaving the Movement and Life in the Aftermath
Authors: Kruglanski Arie W. , Webber David , Koehler Daniel
Published: October 2019

The first part of Chapter 9 continues the examination of how the interviewees ultimately decided to separate themselves from the extremist movement. The authors identify the most typical routes of leaving and analyze the role of social support and disengagement programs in navigating this process. The latter part of the chapter explores the lives of the interviewees after leaving the movement, an aspect of the extremists’ journey that until now received sparse research attention. Overall, the authors’ find that upon leaving, the experience of hardships is significantly reduced. But feelings of insignificance skyrocket as former extremists cope with the challenges of cutting ties with their previous social network, search for a new purpose in life, and experience self-condemnation in light of their prior actions as an extremist. Finally, the authors explore the extent to which participating in a systematic disengagement program mitigated the interviewees’ negative experiences.
EpilogueThe neo-Nazi Experience and the Psychology of Radicalization
Authors: Kruglanski Arie W. , Webber David , Koehler Daniel
Published: October 2019

Chapter 10 provides further comment on some of the important findings and implications of those findings. The chapter begins with a discussion of the 3N framework that guided the authors’ interpretations and informed the hypotheses tested in the earlier chapters. The authors discuss whether these insights speak to universals of the human condition or are unique to the German context and the historical experience with social nationalism. Further discussion is given to the role of emotions and music within the milieu, as well as to the hardships experienced within the extremist environment that breed disillusionment and disengagement from right-wing organizations. The chapter ends by exploring the implications of our findings for helping these individuals reintegrate into the mainstream society.
Gurye
Authors: Choi Suhi
Published: October 2019

The term “Yŏsun Killings” refers to a prewar atrocity in which the US-allied South Korean forces killed numerous civilians who were accused of being either communists or communist sympathizers in the cities that had been occupied by rebels in the southwestern part of South Korea. As one of the sites of these atrocities, Gurye became the first town in South Korea to erect a public memorial in 2006 for the victims of the Yŏsun Killings. Gurye presents a case that demonstrates how democratized South Korea has continued to negotiate a strong legacy of anticommunism, even at its subversive memorial sites. In a land that has long muted the memories of an old atrocity, suppressed mourners in Gurye are still struggling to reclaim their fundamental yet long-deprived rights to mourn the loss of their loved ones.
Epilogue
Authors: Choi Suhi
Published: October 2019

How would the reunification of two Koreans impact the case of memorializing the Korean War? The unified land of Korea itself will present a unique memorial site of the Korean War that is filled with cacophonous sets of objects, rituals, and bodies. Such a site will provoke us to witness many ironic puzzles of memories: one’s oppressive ideology could be another’s legitimate saga; victims at a memorial on one side could be recalled as perpetrators in a memorial on the other side; and heroes of one site could be villains of the other. Surely, the unified land of Korea will increase the chances that we will see not only the enmeshed lines among victims, heroes, and perpetrators of both war realities, but also our acts of remembering themselves. It will become a revived palimpsest that invites us to uncover complex layers of memories that conflict with one another and thus are not wrapped up merely with the narrative in hegemony. In these ways, the reunification of the two Koreas potentially will transform the Korean Peninsula from a topography of terror into a subversive platform of empathic mourning.
The Politburo’s Holy of Holies
Authors: Kontorovich Vladimir
Published: October 2019

The military sector was the most successful part of the Soviet economy, and the most important one from the point of view of its rulers. It owed this success to its unique place in the Soviet economic and political system and its non-standard internal organization. Defense industry was not only separate from the rest of industry; it also had different management practices and was home to institutions unseen elsewhere in the economy. It was guided by the highest levels of political authority, and the rulers’ interest in the sector translated into generous allocations of inputs. USSR maintained a wartime level of military expenditures during the four decades of peace. Such a large and privileged claimant on the nation’s resources strongly influenced the performance of the civilian sectors. With all these characteristics, the military sector should have interested Sovietologists for its own sake, quite apart from Western security concerns.
The Missing Sector
Authors: Kontorovich Vladimir
Published: October 2019

This chapter surveys books and articles on the Soviet economy published in 1948-1991 and finds that Sovietologists afforded the military sector little attention, both relative to its importance and relative to the attention lavished on the other, lower-priority sectors. Literature on Soviet economy contains few chapters, articles, and books on the military sector, compared to other sectors. Thus, textbooks on the Soviet economy have 136 chapters on civilian sectors, and only eight on the military sector. Disproportionately many of those appeared in the final years of the USSR, and few of the military economy publications have been produced by American Sovietologists. Post mortem writings on Sovietology have not detected this gap in the scholarship. A survey of comparative systems and introductory economics textbooks shows that Sovietologists failed to persuade other economists that the military sector was merited a mention in popular treatments of the Soviet economy.
Conclusion
Authors: Kontorovich Vladimir
Published: October 2019

The conflict identified in this book between academic incentives and the needs of national security has broad relevance. The fields of social science that are important for national security are those that study other societies. They are likely to be peripheral in their academic disciplines, where the mainstream deals with American, or at any rate Western, problematics, and sets the research agenda accordingly. Practitioners in peripheral fields may be expected to seek professional respectability by adopting topics and approaches from the mainstream of their discipline, even if ill-fitting to the task at hand. The case of Sovietology shows the professional and political incentives operating in academia to be stronger than the government’s power of the purse in determining the direction of research. This casts a doubt on the strain of “Cold War science” writing that argues that government funding of university research deformed, and perhaps corrupted, academic disciplines.
The Alternative Augustan Age
Authors: Mitchell Hannah , Morrell Kit , Osgood Josiah , Welch Kathryn
Published: October 2019

“The Augustan Age” is a dominant term in historical, literary, and cultural scholarship, not to mention teaching. This introductory chapter highlights some of the limitations of thinking of a period of many decades and constant change in terms of a single “Augustan age.” It makes the case for looking beyond conventional “key dates” and the figure of Augustus himself to recover the alternative contemporary perspectives and processes of negotiation and compromise. Doing so (as the following chapters demonstrate) reveals the resilience of Roman (republican) culture and the extent to which individuals other than Augustus were able to shape the Augustan principate.
Acting “Republican” under Augustus
Authors: Goldman-Petri Megan
Published: October 2019

A long-standing republican institution, the mint at Rome, had been inactive for two decades before Augustus revived it. The precious metal coinage it produced from 19 bce has been understood as a symbol of the tension between the ambition of individual Roman aristocrats and the ideological program of the Augustan principate. C. Antistius Vetus and C. Antistius Reginus are regarded as the last moneyers to pursue traditional strategies of gentilician promotion. Through an examination of their coin types, this chapter challenges scholarly views of the relationship between “republican” and “Augustan” image making. Rather than treating these modes as a binary, it considers the ways in which images of Augustus could serve “republican” ends and how aristocratic self-interest could give rise to “Augustan” images.
Gauls on Top
Authors: Herbert-Brown Geraldine
Published: October 2019

Of the select scenes encapsulating Roman history on Vergil’s shield of Aeneas (Aen. 8.652–62), it is the Gallic siege of the Capitol which presents the greatest difficulty for Vergilians wishing to accommodate it to any detailed scheme. As a result, it has become scholarly commonplace to consult the history of Livy as an aid to interpreting Vergil, and to reach a conclusion based upon it. This chapter aims to show that interpreting Vergil through Livy is a flawed approach. It analyzes Vergil’s Gallic siege independently of Livy, considers the ramifications for interpreting the shield as a whole, and offers an alternative vantage point from which to contemplate the Aeneid and the early Augustan period which produced it.
Introduction
Authors: Fletcher George P.
Published: October 2019

This introductory chapter provides an overview of the basic concepts of international criminal law. To understand the international legal order in the field of criminal law, one needs to ask three elementary questions. What is international law? What is criminal law? And what happens to these two fields when they are joined together? International law is about the legal obligations that arise between and among states. Meanwhile, the concepts of crime and criminal law are more complex than meets the eye. The chapter then considers the Dogmatik of international criminal law and the relevance of the law of war. The most significant contribution of the Dogmatik for criminal law was the invention of the tripartite system, namely the three levels of analysis that determine the structure of every criminal offense.
Substance and Procedure
Authors: Fletcher George P.
Published: October 2019

This chapter discusses the procedure for prosecuting international crime. Being guilty of an international crime is one thing; being prosecuted and convicted is quite another. Being guilty in principle requires the following: first, an identification of a norm under which the suspect would be guilty if the norm applied to them; second, the application of the norm to the offender to conclude that the particular person is guilty. Initially, this two-stage procedure might take place in the minds of observers, and then, in the minds of people capable of bringing to bear the procedures of the International Criminal Court (ICC) or other international-national tribunals in order to effectuate a conviction. In either case, the notion of liability or guilt requires reasoning in a syllogism. The major premise is the substantive law, and the minor premise consists of the facts that appear to be provable at trial.
Offenses and Defenses
Authors: Fletcher George P.
Published: October 2019

This chapter addresses the distinction between offenses and defenses in criminal cases. The Rome Statute draws a clear line between the four crimes subject to the jurisdiction of the Court and the grounds for excluding criminal responsibility in Article 31. The significance of the distinction between these offenses and defenses should not be underestimated. For example, the principle of nullum crimen sine lege, which applies to the former but not the latter, as evidenced by Article 31(3) permits the recognition of new defenses at trial. The four classic defenses of insanity, intoxication, self-defense, and duress spelled out in Article 31 are subject to controversy. Among the major legal systems of the world, there is considerable divergence in approaching these issues. Meanwhile, there are two reasons for the nullum crimen principle. One is to warn defendants of their possible liability. The other is to control the discretion of judges.
Intention vs. Negligence
Authors: Fletcher George P.
Published: October 2019

This chapter explores the role of mental state in criminal cases, considering the concept of negligence. Lawyers trained in the common law tradition are familiar with the concept of mens rea and the maxim actus non facit reus nisi mens sit rea. Literally this means that there is no criminal (or guilty) act without a criminal (or guilty) mind. The problem is that there are both descriptive and normative interpretations of mens rea and of the maxim. The normative or moral interpretation of mens rea holds that the term equivalent to a guilty mind, for example, a basis for blaming the actor for their conduct, is something not possible in the face of the defenses considered in the last chapter. Meanwhile, negligence is based, as in the classic definition from the law of torts, on the conduct of “a reasonable person under the circumstances.” The important point is that negligence is based on the fault of not knowing.
Law vs. Justice
Authors: Fletcher George P.
Published: October 2019

This concluding chapter looks at the concepts of law and justice. There are two concepts of law: law as principle and law as rule or regularity. The former is normative, while the latter is descriptive. The chapter then considers the concept of justice. In the philosophical theory of justice, one must distinguish among relevant areas of private and criminal law. Retributive justice applies in criminal law, corrective justice in torts, and distributive justice in property law. In all of these areas, the claims of justice face challenges from utilitarian and economic considerations and based on efficiency, for example, deterrence in criminal law, searching for the cheapest cost avoider in tort law, and stability in property law.
Humean Objective Chance
Authors: Hoefer Carl
Published: October 2019

In this chapter, Humean objective chance (HOC) is laid out and discussed using a number of examples. The theory can be summarized as follows: Chances are constituted by the existence of patterns in the mosaic of events in the world. These patterns are such as to make the adoption of credences identical to the chances rational in the absence of better information, if one is obliged to make guesses or bets concerning the outcomes of chance setups. The full set of objective chances in our world is a Best System composed of many kinds of chances, at various levels of scale and with varying kinds of support in the Humean base. What unifies all the chances is their ability to play the role of guiding credence, as codified in the Principal Principle. The Best System(s) involved in HOC are, as with Lewis, determined by a balance of simplicity and strength and fit; through examples, the right way to understand these notions is sketched. HOC is explicitly pragmatic and is tied to the needs and capacities of limited rational agents.
Humean Chance in Physics
Authors: Hoefer Carl
Published: October 2019

Some of the most compelling examples of the existence of truly objective probabilities come from physics, in particular quantum physics and statistical mechanics. So it is crucial to the overall success of HOC that it be compatible with the objective probabilities found in these theories. First, objective probabilities in classical (Boltzmannian) statistical mechanics (SM) are discussed. It is shown that HOC does capture the central probabilistic postulates of SM, and indeed that it may do so in two distinct ways. Second, objective probabilities in standard, non-relativistic quantum mechanics (QM), the context in which the notion that fundamental physics is at bottom chancy first became widely accepted, are discussed. It is shown that HOC is especially apt for capturing the probabilities of QM; other accounts may do equally well (though some clearly do not), but none can do the job better.
Who Gets the Joke?
Authors: Young Dannagal Goldthwaite
Published: October 2019

Using humor scholar Salvatore Attardo’s criteria for humor appreciation as a framework, this chapter describes the kinds of people who might be expected to have the greatest appreciation of humor. It explores joke difficulty, the level of threat a joke may activate in a listener, the available knowledge in the minds of the audience, and their processing motivation as factors that affect humor appreciation. The chapter links the traits of tolerance for ambiguity and need for cognition to humor appreciation, as both enhance an individual’s motivation and ability to process and appreciate a joke. It also includes a deep dive into the strange case of irony (with reference to All in the Family and The Colbert Report), which audiences can appreciate even when their interpretation is the opposite of the intended meaning of the joke’s producer.
The Psychology of the Left and the Right
Authors: Young Dannagal Goldthwaite
Published: October 2019

Chapter 6 summarizes the research on the psychological predictors of aesthetic and artistic preferences, revealing how two characteristics—tolerance for ambiguity and need for cognition—shape one’s preference for abstract versus realistic art and for stories with ambiguous versus clear endings. It also summarizes the literature on the psychology of political ideology, which shows that political psychologists have found extensive evidence that people who are socially and culturally conservative exhibit significantly lower tolerance for ambiguity and need for cognition than liberals. This chapter serves as the foundation for the main argument advanced in the book: that liberals versus conservatives create and appreciate different forms of political programming (irony v. outrage) because of their different psychological profiles, which contribute to their different aesthetic tastes and needs.
Satire and Outrage
Authors: Young Dannagal Goldthwaite
Published: October 2019

Chapter 9 summarizes decades of research on the functions and impact of exposure to outrage programming and satire programming to make the case that these two different genres do serve parallel functions for their viewers. It first explores the reasons why viewers consume outrage and satire, then shifts to explore what happens to them when they do. The chapter argues that the roles of both of these genres in the lives of their viewers are quite similar: contributing to political knowledge and beliefs, influencing viewers’ issue agendas, shaping trust in leaders and institutions, and motivating political discussion and participation.