bluuebunny/crossref_metadata_2025 huggingface dataset:
Keeping a Firm and Certain Faith in the Inspired Word
Authors: Van Raalte Theodore G.
Published: September 2018

This chapter surveys all of De Verbo Dei Scripto (i.e., Concerning the Written Word of God) in some detail. Significant translated sections are provided. The careful structure followed by Chandieu in this treatise of 1580 will be utilized by him in five further “theological and scholastic” treatises of that decade, and thus this structure is uniquely important. Besides Chandieu’s close adherence throughout to this intricate disputational structure, one also notices his predominant use of the hypothetical syllogism. While the disputational structure is a finely honed arrangement that very likely grows out of classroom disputations with their long medieval history (to be examined in chapter 8), the use of hypothetical syllogisms is a highly unusual element in Chandieu’s works that will be set within the history of the hypothetical syllogistic to determine how “Aristotelian” was its use (in chapter 9).
Wisdom in Classical and Biblical Tradition
Authors: Legaspi Michael
Published: September 2018

The roots of modern culture lie in ancient soil. On this fertile ground grew a two-sided tradition, a dialectical relation between the legacies of ancient Greek civilization on the one hand and theological perspectives based on the Jewish and Christian scriptures on the other. Later periods—the late antique, medieval, and early modern—attest to the fact that, despite essential differences, Greek philosophy and biblical interpretation formed a lasting cultural synthesis. Part of what made this synthesis possible was a shared outlook, a common aspiration toward wholeness of understanding that refused to separate knowledge from goodness, virtue from happiness, cosmos from polis, divine authority from human responsibility. As that which names this wholeness, wisdom features prominently in both classical and biblical literatures as an ultimate good. In its traditional form, wisdom was understood to govern a variety of endeavors. It was a program for human flourishing that accorded with a holistic understanding of reality in its metaphysical, cosmic, political, and personal dimensions. This book explores wisdom and the way it was presented in seminal works: in Greek texts, such as the epics of Homer and the writings of Plato and Aristotle, and in biblical books as well, including Genesis, Proverbs, Ecclesiastes, Job, Wisdom of Solomon, the Gospels, and the letters of Paul. In doing so, it aims to illuminate the modern legacy of classical and biblical tradition and its distinctive pursuit of wisdom.
What Is It Like To Be Dead?
Authors: Schlieter Jens
Published: September 2018

This book offers a modern genealogy of “near-death experiences,” outlining the important functions of these experiences in the religious field of Western modernity. Emerging as autobiographical narratives in the legacy of Christian deathbed visions, narratives of near-death experiences were used in Western religious metacultures (Christian, Esoteric, and Spiritualist–Occult) as substantial proof for the survival of death. In its historical part, the study demonstrates how certain features of near-death experiences, for example, the panoramic life review or autoscopic out-of-body-experiences, emerged in Occult and Esoteric circles in the 19th and 20th centuries, experimenting with astral projection, drugs, and “clairvoyant” states. It was only in the 1970s, however, that Raymond Moody, popularizing the generic term “near-death experience” that had been introduced by John C. Lilly, could declare the different features to be elements of a single phenomenon. Other factors that paved the way were discussions on “brain death,” coma, and the increase of hospitalized dying, the crisis of traditional religious institutions in the 1960s and early 1970s, and the claim of individual religious experiences. In its systematic part, the study discusses the religious relevance of these experiences for the experiencers themselves, but also for the growing audience of such testimonies. These functions encompass ontological, epistemic, intersubjective, and moral aspects. Most central is the reassurance that in modernity, religious experience is still possible, and that near-death experiences may initiate a new spiritual orientation in life. In addition, they are held to offer evidence for the transcultural validity of afterlife visions.
The Theosophical Discovery of the Tibetan Book of the Dead (1927)
Authors: Schlieter Jens
Published: September 2018

The first Western translation of the Tibetan Book of the Dead by Walter Y. Evans-Wentz (1927) played a central role for the emerging belief that experiences near death are prevalent in non-Western cultures too. Especially noteworthy is the Tibetan Buddhist description of “Clear Light of Pure Reality,” but also frightening experiences of consciousness in the afterlife realm, and the necessity of a “guide.” The chapter describes how Theosophical preconceptions led to a view that Tibetan Buddhism corroborates premortal and postmortal out-of-body experiences or rebirth doctrines. As such, it became highly influential for C.G. Jung and other scholars of the “psyche,” paranormal experiences, and religion, allowing them to argue for a transcultural dimension of experiences near death, and experiences after death.
Pushing Near-Death Experiences (I)
Authors: Schlieter Jens
Published: September 2018

This chapter focuses on a long-term development in Western societies addressed as “privatized death,” namely, the assignment of the dying into hospitals and other institutions. This trend, mirrored in the works of French historian Philippe Ariès and psychologist Elisabeth Kübler-Ross, so the chapter argues, served as a “push factor” for articulating near-death experiences. Near-death experiences can be in part read as a “spiritual protest” against alienated, anonymous dying in institutions and the “materialist” take of modern biomedicine of merely prolonging life. This protest is also present in criticizing the “denial of death.”
The Imperative of “Individual Experience”
Authors: Schlieter Jens
Published: September 2018

It was especially in radical reformist, to a lesser extent in modernist, and only occasionally in conservative religious circles, that near-death experiences were held to harbor significant religious meaning. This chapter identifies some major trends of the “religious crisis” (McLeod) of the 1960s, such as the deinstitutionalization of church religiosity, the rise of alternative spiritualities, and the imperative of resorting to the privileged, first-person experience, that contributed to the growing importance of near-death experiences.
The Survival Value of Narratives?
Authors: Schlieter Jens
Published: September 2018

Mark Fox and others have theorized that near-death experiences may have a “survival value” as narratives on their own in life-threatening situations. However, to describe the arrival at the “border” (as some reported) as a point of no return in parallel to the person’s real survival would, however, imply that consciousness is somehow able to decide over the matter of life or death. To speak of a survival value of the narratives themselves is therefore highly speculative. This chapter argues that it is more likely to assume that the “border” topos is connected to postexperiential consciousness making sense of the fact that it survived the threat.
The Struggle for Freedom from Fear
Authors: Brysk Alison
Published: September 2018

One out of three women in the world has suffered gender-based violence. Yet from #metoo to Malala to Maria da Penha, women are rising up and pushing back. The purpose of this book is to show how to transform fear to freedom through a combination of international action, legal reform, public policy, mobilization, and value transformation. The Struggle analyzes drivers of violence and strategies for resistance in the semi-liberal countries at the frontiers of globalization. These hot-spots of violence represent the highly unequal middle-income countries, with declining citizenship and surging social conflict that now host two-thirds of the world’s population. The book profiles struggles against femicide, rape, trafficking, and related abuses in Brazil, India, South Africa, Mexico, the Philippines, Egypt, and Turkey in detail, with contrast cases beyond. Using the dual lenses of human rights and feminist theory of “gender regimes,” the book argues that different repertoires of abuse require distinct dynamics of change. Thus, The Struggle profiles strategies for transforming gendered power relations through multi-level campaigns on access to law and impunity, rights-based public policy, promotion of women’s agency, transforming violent masculinity, and reproductive rights. This study of campaigns to end gender violence at the frontiers of globalization expands our understanding of human rights reform pathways worldwide, and the interdependence of women’s rights with all struggles for justice.
The Right to Bodily Integrity
Authors: Brysk Alison
Published: September 2018

In Chapter 7, we profile the global pattern of sexual violence. We will consider conflict rape and transitional justice response in Peru and Colombia, along with the plight of women displaced by conflict from Syria and Central America, and limited international policy response. State-sponsored sexual violence and popular resistance to reclaim public space will be chronicled in Egypt as well as Mexico. We will track intensifying public sexual assault amid social crisis in Turkey, South Africa, and India, which has been met by a wide range of public protest, legal reform, and policy change. For a contrasting experience of the privatization of sexual assault in developed democracies, we will trace campus, workplace, and military rape in the United States.
Norm Change
Authors: Brysk Alison
Published: September 2018

Changes in attitudes, values, and beliefs about the many manifestations of violence against women are a necessary complement to globalizing rights standards, law enforcement, public policy, and grassroots empowerment. In Chapter 10, we will analyze the requisites and results of campaigns for norm change in women’s agency, masculine identities, and sexual self-determination. Communication campaigns aim to reshape community consciousness of gender regimes in South Africa, India, and Brazil. Global programs adopted by local movements promote women’s agency and empowerment to resist violence in India and Pakistan. Both global programs and transnational coalitions work to engage men and transform violent masculinities in India, South Africa, and Brazil. Finally, we will trace a variety of civil society cultural initiatives asserting sexual self-determination in Mexico, Pakistan, Russia, Ukraine, and China.
Kant and the Science of Logic
Authors: Lu-Adler Huaping
Published: September 2018

This book is both a history of philosophy of logic told from the Kantian viewpoint and a reconstruction of Kant’s theory of logic from a historical perspective. Kant’s theory represents a turning point in a history of philosophical debates over the following questions: (1) Is logic a science, instrument, standard of assessment, or mixture of these? (2) If logic is a science, what is the subject matter that differentiates it from other sciences, particularly metaphysics? (3) If logic is a necessary instrument to all philosophical inquiries, how is it so entitled? (4) If logic is both a science and an instrument, how are these two roles related? Kant’s answer to these questions centers on three distinctions: general versus particular logic, pure versus applied logic, pure general logic versus transcendental logic. The true meaning and significance of each distinction becomes clear, this book argues, only if we consider two factors. First, Kant was mindful of various historical views on how logic relates to other branches of philosophy (viz. metaphysics and physics) and to the workings of common human understanding. Second, he first coined “transcendental logic” while struggling to secure metaphysics as a proper “science,” and this conceptual innovation would in turn have profound implications for his mature theory of logic. Against this backdrop, the book reassesses the place of Kant’s theory in the history of philosophy of logic and highlights certain issues that are still debated today, such as normativity of logic and the challenges posed by logical pluralism.
Kant and a Philosophical History of Logic
Authors: Lu-Adler Huaping
Published: September 2018

This chapter discusses certain exegetical challenges posed by Kant’s logic corpus, which comprises the Logic compiled by Jäsche, Kant’s notes on logic, transcripts of his logic lectures, and remarks about logic in his own publications. It argues for a “history of philosophical problems” method by which to reconstruct a Kantian theory of logic that is maximally coherent, philosophically interesting, and historically significant. To ensure a principled application of this method, the chapter considers Kant’s conception of history against the background of the controversy between eclecticism and systematic philosophy that shaped the German philosophical discourse during the early eighteenth century. It thereby looks for an angle to make educated decisions about how to select materials from each of the periods considered in the book and builds a historical narrative that can best inform our understanding of Kant’s theory of logic.
Logic and the Demands of Kantian “Science”
Authors: Lu-Adler Huaping
Published: September 2018

This chapter examines Kant’s account of logic in the Critique, analyzing his claim that pure general logic is formal, properly scientific, and complete. It distinguishes three aspects of formality, in virtue of which this logic differs from particular logic, applied logic, and transcendental logic and thereby satisfies one necessary condition of a proper science, namely having a unique subject matter. The chapter then explicates the completeness claim as a philosophical claim about logic qua strict science. Drawing on Kant’s account of what it takes to prove a system of pure concepts of the understanding as complete and his caution against the dialectical illusion of using formal logic as an organon, the chapter argues that, to avoid begging questions, he needs a sort of transcendental critique to establish his logic as complete in content and restrict its use to that of a mere canon for the formal assessment of our cognitions.
The Human Peacock
Authors: Hogh-Olesen Henrik
Published: September 2018

Chapter 5 focuses on the human need for embellishment and artistic expression through song, dance, and music. Why do we do these things? Is it due to sexually selected behavioral traits, whereby those who stand out and flaunt their special qualities are selected as partners and thus further their genetic heritage because the artistic energy they exhibit is reliable evidence of fitness, which lets the world know that these are good, strong genes exactly like the peacock’s tail? Or is it, rather, that we must understand these exertions through their collective value as social markers that unite us and inform the world that we are dealing with a close-knit group united by a shared mind-set? None of these functions need be mutually exclusive.
Perception
Authors: Bruno Nicola , Pavani Francesco
Published: September 2018

Perception: A Multisensory Perspective examines multisensory interactions as the key process behind how we perceive our own body, control its movements, perceive and recognize objects, respond to edible objects, perceive space, and perceive time. In addition, the book discusses multisensory processing in synaesthesia, multisensory attention, and the role of multisensory processing in learning. Multisensory phenomena in these domains are used to identify general principles, to introduce formal models, to present experimental methods, to discuss pathologies, and to illustrate applications within the domain of multisensory processing. The book is written to be understandable to the educated non-specialist and will be of interest to professionals who need to take into account multisensory processing in domains such as, for instance, physiotherapy and neurological rehabilitation, human–computer interfaces, or marketing. As the chapters address topics that are mostly left out of standard perception or medical textbooks, this book will also serve as a useful reference for the specialist perception scientist and for clinicians specialized in the treatment of sensory deficits.
Object Perception and Recognition
Authors: and Bruno
Published: September 2018

Perceived objects are unitary entities that enter our consciousness as organized wholes distinct from other entities and from empty parts of the environment, that are amenable to bodily interactions, and that possess several features such as a three-dimensional structure, a location in space, a colour, a texture, a weight, a degree of rigidity, an odour, and so on. In this chapter, we will discuss perceptual processes responsible for forming such units within and between sensory channels, typically for the purpose of recognition. Our discussion of multisensory interactions in object perception will provide a useful domain for illustrating the key notion of optimal multisensory integration and for introducing Bayesian models of perception. These models provide important novel ways of addressing classical problems in the philosophy of perception, in influential historical approaches such as the Gestalt theory of perception, and in applications to rehabilitation based on sensory substitution.
Classical Attica
Authors: Lewis David M.
Published: September 2018

This chapter analyses the contribution of slave labour to Athens’ citizenry during the classical period. It shows how slaves were distributed across the wealth spectrum and the role of market exchange in providing ready access to slaves at low prices. The second part of the chapter analyses the contribution of slave labour to the liturgical class and shows that although slavery was indispensable to elite income, it played a less dominant role for the Athenian elite than for the Spartan elite. The third part of the chapter explores sub-elite slave ownership, and provides a critique of E. M. Wood’s view that slaves played little role in sub-elite agriculture.
Labour Services and Peasant Obligations in Twelfth- and Thirteenth-Century Southern Italy
Authors: Loud G. A.
Published: September 2018

The south Italian agrarian economy in the central Middle Ages was based upon a system in which lords leased lands to peasants in return for rent, and largely upon the mezzadria—rents in kind of a proportion of the crops. Under such a system issues such as serfdom were largely irrelevant. However, this chapter calls attention to instances in southern Italy, and especially in the Campania region, where labour services were still exacted, often in addition to rents in kind or cash, and asks what these may tell us about the structure of the countryside and the status of south Italian peasants.
The Damnatio Memoriae of Pope Constantine II (767–768)
Authors: McKitterick Rosamond
Published: September 2018

The Liber Pontificalis’s account of the four-day Synod of Rome in April 769 convened by Pope Stephen III is a remarkable scene of histrionic recrimination and the condemnation of Stephen’s predecessor Pope Constantine II. At a basic level, the Synod of Rome is a dramatic instance of the politics of legitimation in action. The winning faction not only created a favourable historical record for their candidate (Stephen III) by the long-recognized process of damnatio memoriae but claimed to form ‘new rules’. How political manoeuvres become law, and how law and narrative history overlap in terms of acquiring authority, therefore, are the major preoccupations of this chapter. Further, the subsequent uncritical acceptance of the Roman Synod of 769, of its agenda, the context in which it was convened, and stance adopted, in both the Liber Pontificalis and conciliar acta, to the method by which Constantine II came to occupy the throne, have all overlooked the position of Constantine himself. He was pope for nearly thirteen months, not an ‘antipope’. This chapter explores the case of Pope Constantine II in the texts relating to the Synod of Rome as well as in the light of two extant letters from Constantine II which escaped the conflagration of his Register in Rome in 769.
Fame and its Vagaries in the Middle Ages
Authors: Sennis Antonio
Published: September 2018

One of the many new avenues of research that Chris has opened up for us in the past decades is the study of fama in medieval contexts. In his important work on twelfth-century Tuscany, Chris considered fama as a form of superior hearsay, derived from gossip and talk, which could involve every member of the social group and to which some credibility could be given in court. This chapter attempts to develop this line of enquiry in a cultural perspective. I seek to show how the way in which the members of a social group bestow fame and celebrity (or their opposites) on some individuals can reveal a lot of the cultural context in which they operate; in other words, how the fame of certain individuals can, within their lifetime and after their death, alternate dramatically according to the way in which some members of future generations view the world in which they had lived. In this perspective, particularly revealing is the case of Theodoric, an individual who, in his lifetime, was famous almost in a modern sense, carving for himself a major role in the geopolitics of Late Antiquity. But Theodoric also become a paradigm, and the vagaries of his fame reveal a lot of the battle of memories and texts that took place in Italy, and more broadly in Europe, between the sixth and the ninth centuries.
Archives and Social Change in Italy, c.900–1100
Authors: Costambeys Marios
Published: September 2018

Chris Wickham’s chapter on ‘Land disputes and their social framework in Lombard- Carolingian Italy’ set the tone for a generation of scholarship, revealing, like other chapters in the same book, the utility of dispute records for writing the social history of early medieval Europe. Societal changes are nowhere more obvious than in the disputes to which they give rise. It is no accident, therefore, that documents generated by law courts have been central to historiography concerned with the nature and sharpness of social change in the post-Carolingian West, to which Chris has also contributed significantly. Increasingly after c.800, however, Italian law court records look to become less useful as social documents because they come to follow a very limited number of formulaic templates, which erased any points in dispute and cast claims in court as undefended. This chapter argues that social changes can still be detected in such documents, though less through their texts than through their patterns of preservation. It shows how in two cases—the abbey of Monte Amiata and the ecclesiastical institutions in Piacenza—the shape of archives of law court documents mirrors and is related to the crystallization of local power into the hands of restricted elite groups focused on single families. In doing so it addresses the current debate, arising largely out of French examples, about the appearance and reality of a ‘transformation’ in Western society around the year 1000.
The ‘Life Aquatic’ on Athos in the Tenth and Eleventh Centuries
Authors: Morris Rosemary
Published: September 2018

Many of the surviving documents from the monastic archives of Mt. Athos deal with water. This chapter deals not only with fresh water in the form of rainfall and streams, but also with the seas surrounding the Holy Mountain. The effect of permanent and non-permanent water courses on the development of the monastic communities is discussed as are matters such as ‘ownership’ of water sources, disputes over water rights and the exploitation of water-based resources such as mills. Water supply to monastic houses and features such as cisterns and fountains are also investigated. The second part of the chapter deals with the sea: issues of access to it, landing stages, boats, boat-houses, and exploitation of fishing rights. Given the professed ‘love of solitude’ expressed by Athonite founders, how and why did some monasteries gain privileges and exemptions for their ships and how did they wish to exploit them? How could such economic activity be reconciled with the ‘self-sufficiency’ promoted by such figures as St Athanasios. Much has been written recently about water in Constantinople, where the water supply, the provision of fish, and organization of fisheries and, more recently, fountains have all been the subjects of study. This chapter aims to examine aquatic matters in a provincial and far more rural setting.
Comparing Medieval Iceland with other Regions
Authors: Callow Chris
Published: September 2018

One of the hallmarks of the honorand’s research has been its breadth, its active attempts to compare how different medieval societies worked, and its awareness of how different academic communities think about their subjects. In different places Iceland has figured as a frame of reference. This chapter aims to consider briefly how Iceland serves as a comparator now, some thirty years after a growth in anglophone scholarship helped develop interest in the country. In that period Icelandic archaeology has developed significantly and international scholarly trends have influenced the literary and historical scholarship related to Iceland. It briefly considers ways in which Iceland’s socio-political structures might be considered differently to how they were thirty years ago, and how recent views of other medieval Western societies suggest some new similarities and differences between Iceland and elsewhere.
Cursing and Curing, or the Practice of Christianity in Eighth-Century Rome
Authors: Smith Julia M. H.
Published: September 2018

Early medieval Rome is commonly presented as a city of in which ‘power’ flowed through bureaucracy or political factionalism or, in more purely religious terms, through Christian ideology promulgated by the papacy. This chapter explores very different forms of religious power that are usually absent from the ways scholars construct their understanding of the city: those of miracle-working and of cursing. First, it presents an analysis of a detailed eighth-century account describing how a jilted lover sought revenge by throwing a ligature (a curse of the typical, ancient Mediterranean variety) at the feet of his beloved on the streets of Rome, how, as a result, she was possessed by the devil, and how, finally, she was released from the curse by exorcism at an extramural relic shrine. It will then seek to contextualize these two forms of holy power in a wider understanding of lived religion in early medieval Rome.
A Topological Conception of Bodies
Authors: Pfeiffer Christian
Published: September 2018

The chapter deals with the distinction between continuity and contact. Two objects are in contact if they have their boundaries in the same place. Two parts of a single object are continuous if they share a boundary. The topological difference between continuity and contact‐‐the number of boundaries involved‐‐‐is grounded in the ontological difference between ontologically independent objects and parts of a single object that are not ontologically separate. Continuity is thus connected to the unity of an object. The spatial wholeness and continuity of an object is explained by its form. The chapter provides an account of how the study of bodies relates to an overarching analysis of physical substances.
Contact and Continuity
Authors: Pfeiffer Christian
Published: September 2018

The chapter deals with the distinction between continuity and contact. Two objects are in contact if they have their boundaries in the same place. Two parts of a single object are continuous if they share a boundary. The topological difference between continuity and contact‐‐‐the number of boundaries involved‐‐‐is grounded in the ontological difference between ontologically independent objects and parts of a single object that are not ontologically separate. Continuity is thus connected to the unity of an object. The spatial wholeness and continuity of an object is explained by its form. The chapter provides an account of how the study of bodies relates to an overarching analysis of physical substances.
Adjusting to Financial Instability in the Interwar Period
Authors: Piluso Giandomenico
Published: September 2018

The chapter provides a reconstruction and analysis of adjustment processes in the Italian financial system after the major cleavage of the First World War. It considers how pressures exerted by external factors entailed a progressive adaptive strategy to a changing international environment. Financial and monetary instability called for a more intensive regulation reallocating responsibilities and powers from the private sector to the public sphere. Accordingly, financial elites changed their contours and boundaries. As the demand for technical competences and bargaining abilities rose, Italian governments and central monetary authorities tended to co-opt competent representatives from the private sector onto special committees at home, at international conferences, or in bilateral negotiations. A telling tale of such processes is represented by changes within the composition of the Italian delegations at major international economic and financial conferences from the Brussels Conference in 1920 to the London Economic and Monetary Conference in 1933.
Times of Transition and Stability
Authors: Flynn Shawn W.
Published: September 2018

Chapter 3 gathers times in a child’s life that are either stable or transitory. Breast-feeding and scribal training demonstrate extensions of a child’s domestic cultic value. Adoption may also be an institution ensuring those with disabilities are found a place in society. Thus the value of children in the domestic cult is echoed in the legal and institutional structures of the ancient world. Breast feeding, scribal training, and adoption practices of the ancient Near East are reading lenses for the birth and adoption of Moses in Exodus 1–2, which is argued to be structured off an adoption contract in narrative form, as an introduction to YHWH’s eventual adoption of Israel. What we learn of scribal education from Mesopotamia is applied to Psalm 78:1–9. Finally 1 Samuel 1–3 is recovered as a text that reinforces the cultic value of children rather than being a text of childhood abandonment.
Fitness for Criminal Adjudication
Authors: Bonnie Richard J
Published: September 2018

This chapter addresses the emerging significance of decisional competence in the United States. The practice of assessing and adjudicating fitness to plead developed largely without assistance from the United States Supreme Court or other appellate courts for most of the nineteenth and twentieth centuries. However, the need for appellate guidance became evident in the 1980s, especially regarding the significance of mental or emotional conditions that can impair capacity for rational decision making without impairing the defendant’s capacity to understand the proceedings and communicate coherently with counsel. During the past twenty-five years, some governing principles have come into view, but important issues remain unsolved. The chapter then evaluates the current state of the law in the United States, focusing on two recent decisions by the United States Supreme Court, and offers some suggestions for future development.
Conclusion
Authors: Mackay Ronnie , Brookbanks Warren
Published: September 2018

This concluding chapter offers a synthesis of the law around fitness to stand trial drawn from the different jurisdictions surveyed in the book. While individual jurisdictions have crafted their own solutions to questions of definition, procedure, and disposition, a range of specific issues have come to the fore requiring further analysis and resolution. These include the permissibility or otherwise of compulsorily medicating incapacitated defendants to restore competence, the desirability of disaggregating the unitary test for fitness, the movement from cognition to decision-making capacity as the focus of unfitness, the utility of the decisional competence construct, and the parameters of effective participation. While no single jurisdiction offers an entirely satisfactory way of dealing with the unfit to plead, what the differing approaches show is how important it is to endeavour to find approaches to the problems in the law and procedure in this complex area.
Exaggeration and Invention
Authors: Bach Kent
Published: September 2018

In Imagination and Convention Lepore and Stone make two sweeping claims about language, convention, and communication. One is that linguistic communication is of what is conventionally encoded. The other, complementary, claim is that when speakers use language in nonconventional ways, their intention is not to communicate some specific thing but rather to invite the hearer into a bit of “imaginative engagement.” So understanding an utterance requires no more than disambiguating it; insofar as imaginative interpretation is required, its aim is distinct from understanding the utterance. I agree with L&S that linguistic convention is much more comprehensive than traditionally supposed and that language is often used figuratively without specific communicative intentions, but their two claims go implausibly further. Both are subject to counterexample and counterargument, and rely on reasoning that downplays some distinctions and disregards others, as abetted by casual use of such key terms as “meaning,” “interpretation,” “convention,” and “Gricean.”
Socializing Pragmatics
Authors: Starr William B.
Published: September 2018

Lepore and Stone (2015) focus on two theoretically useful notions of meaning: conventional meaning and speaker meaning. For Lepore and Stone (2015, ch.14), the former consists of our mutual expectations about how language is used—conventions—to make ideas public. The latter consists in ideas that are made public by virtue of the speaker’s basic intentions in speaking (Lepore and Stone 2015, ch.13). This essay argues that there is a third, more basic notion of meaning I call significance. The significance of an utterance is not reducible to the content it makes mutual, because it is partly based on the private commitments speakers have when they make utterances and the private commitments hearers form on the basis of utterances. More specifically, significance is the private speaker commitments and hearer effects, which explain why utterances of a given type are reproduced in a population of agents (Millikan 2005). This leads to an approach that differs from Lepore and Stone (2015) in the treatment of non-conventional interpretive effects, speech acts, and deception.
Taking Perspective
Authors: Arseneault Madeleine
Published: September 2018

This essay argues that the specificity Lepore & Stone demand of accounts of metaphors and other cases can be made compatible with the Gricean framework. It is argued that the Cooperative Principle and principles of rationality must be presupposed in order to embark on the coordinated activities of language use described by Lepore & Stone and that specific interpretive strategies enter into the picture when the hearer is trying to reconstruct the point of the speaker’s saying what she did. Lepore & Stone are correct that there need not be a proposition meant by a metaphor. Instead, the point of uttering a metaphor of the form x is y is to implicate a perspective of x as y. Many of Lepore & Stone’s objections can be handled by this revised proposal. This essay also explores how Lepore & Stone’s framework might illuminate the case of idiomatic phrases.
The SADC Tribunal
Authors: Achiume E. Tendayi
Published: September 2018

This chapter uses the trajectory of the Southern African Development Community (“SADC”) Tribunal to chart sociopolitical constraints on international judicial lawmaking. It studies the SADC Tribunal backlash case, which paved the way for a curtailment of the Tribunal’s authority, stripping the Tribunal of both private access and its jurisdiction over human rights. Showing how jurisprudential engagement with sociopolitical context plays a significant role in explaining the Tribunal's loss of authority, the chapter introduces the concept of sociopolitical dissonance. Sociopolitical dissonance is a state that results when a legal decision contradicts or undermines deeply held norms that a given society or community forms on the basis of its social, political, and economic history. Sociopolitical resonance, on the other hand, describes the quality of affirming or according with a given society's norms as informed by its sociopolitical history.
The Court of Justice of the European Union
Authors: Kelemen R. Daniel
Published: September 2018

This chapter focuses on the European Court of Justice (ECJ). Like any court, the ECJ has faced constraints in its external context, including constraints imposed by national governments and national courts. But overall, the ECJ has benefitted from a remarkably benign external environment. The ECJ has found much support from key actors including national governments, national courts, and members of the European legal field. In recent years the ECJ faces contextual challenges in its relationship with member governments, national courts, and the European legal field. New member governments with fragile democracies and questionable commitments to the rule of law may increasingly test the extent to which they can defy or evade EU law without incurring a robust response. Moreover, the growth and diversification of the European legal field and the encroachment of EU law on increasingly sensitive policy areas is likely to provoke more intense criticism of the Court.
Authority of International Courts
Authors: Marmor Andrei
Published: September 2018

This chapter focuses on the relations between the four main stages of de facto authority laid out in this book’s framework, and the respective legitimacy of the international courts (ICs) in question. It also shows that interesting questions about moral legitimacy are brought to light by the transitions from narrow to intermediary and to the extensive and perhaps popular authority of ICs. The chapter then acknowledges that the realities of the development of ICs, and the fascinating ways in which they gain—or sometimes fail to gain—practical authority, put some pressure on established ways of thinking about matters of legitimacy of practical authorities. As in much else in the domain of international law, both the realities on the ground and the theorizing about them are very much works in progress.
“When We Were Just Giving Stuff Away Willy-Nilly”
Authors: Stanley Liam
Published: September 2018

The aim of this chapter is to contextualize the British population’s willingness to pay tax within the political and social upheaval of recent decades. These social and institutional changes—often characterized, rightly or wrongly, as neoliberal—have led to a shared sense that British taxpayers are getting less bang for their buck. So although tax compliance is relatively high due to the organization of revenue collection, tax morale is declining. The chapter seeks to historicize this declining tax morale by highlighting how there is—on the one hand—an increasing gap between prudent normative expectations about how tax and spending ought to be organized, and—on the other hand—the actual lived experiences of engaging with the uses and abuses of “taxpayers’ money.”
Visual communication
Authors: O’Hanlon James C. , White Thomas E. , Umbers Kate D.L.
Published: September 2018

The diverse ecological niches that insects occupy have led to the immense variation we observe in the structure of their compound eyes and the visual signals that insects can produce. The modular structure of the compound eye, through which insects receive visual information, is a highly adaptable structure capable of impressive feats of image resolution, colour perception, and motion detection, in a range of varying light environments. Additionally, the insect exoskeleton, through which insects produce visual signals and cues, is a dynamic canvas producing a diversity of shapes, textures, pigments, and structural colours. This chapter attempts to present the diversity resultant from millennia of selective pressure in a variety of contexts, including conspecific assessment, prey capture, and predator avoidance.
Mind Outside Brain
Authors: Heylighen Francis , Beigi Shima
Published: September 2018

We approach the problem of the extended mind from a radically non-dualist perspective. The separation between mind and matter is an artifact of the mechanistic worldview, which leaves no room for mental phenomena such as agency, intentionality, or experience. We propose to replace it by an action ontology, which conceives mind and matter as aspects of the same network of processes. By adopting the intentional stance, we interpret the catalysts of elementary reactions as agents exhibiting desires, intentions, and sensations. Autopoietic networks of reactions constitute more complex super-agents, which exhibit memory, deliberation and sense-making. In the case of social networks, individual agents coordinate their actions via the propagation of challenges. The distributed cognition that emerges cannot be situated in any individual brain. This non-dualist, holistic view extends and operationalizes process metaphysics and Eastern philosophies. It is supported by both mindfulness experiences and mathematical models of action, self-organization, and cognition.
Practical Knowledge and Acting Together
Authors: Blomberg Olle
Published: September 2018

This chapter explores a problem that joint action raises for an influential philosophical view of the nature of intentional action. According to this view, an agent is intentionally -ing if and only if she has a special kind of practical and non-observational knowledge that she is -ing. It is here argued, however, that this view faces serious problems when extended to make sense of the possibility of an intentional action performed by several agents together. Since a general theory of intentional action should be applicable to both singular and joint intentional action, this suggests that practical and non-observational knowledge is not essential to intentional action as such.
Getting Out
Authors: Guiney Thomas
Published: September 2018

Getting Out explores the evolution of early release in England and Wales between 1960 and 1995. In the past three decades crime has become a highly contested political issue with implications for the humanity, fairness, and effectiveness of the criminal justice system. This book seeks to turn current crime debate on its head and examine the circumstances in which politicians and policy-makers have found it desirable to reduce the custodial element of a prison sentence and encourage the rehabilitation offenders in the community. Drawing upon a period of detailed archival research this book considers three critical moments of reform which have helped to shape the historical evolution of this secretive and little understood area of public policy. It argues that early release has always been bound up with prevailing societal justifications for punishment and the appropriate use of imprisonment within our liberal democratic system. It draws attention to the uneasy constitutional balance of power between the judiciary and the executive, and reflects upon the administrative task of governing large captive populations where the hopes and expectations of inmates do not always align with the interests of prison authorities or the community at large. This book challenges widespread assumptions about policy change and shows how the historical evolution of parole in England and Wales was shaped, to a significant degree, by the legacy of past political choices and the fluid balance of power within government.
Early Release in Comparative Historical Perspective
Authors: Guiney Thomas C.
Published: September 2018

The chapter outlines the central concerns of this book. It builds the case for the study of early release in comparative historical perspective and highlights the important, but often overlooked, role early release has played within the criminal justice apparatus of the liberal democratic state. It goes on to locate the evolution of early release within a wider context of policy change and, using a case study approach, identifies three critical periods of reform that exemplify the evolving ideas, trade-offs, and political controversies that marked the evolution of early release in England and Wales between 1960 and 1995.
A Very British Compromise
Authors: Guiney Thomas C.
Published: September 2018

The chapter explores the impact of Roy Jenkins’ appointment as Home Secretary and the detailed legislative planning that resulted in the complex system of parole given legal effect by the Criminal Justice Act 1967. It goes on to examine the administrative steps taken in 1968 to establish the new parole system and limit the damage of a small number of high profile crimes committed by the first cohort of parolees. The chapter concludes by reflecting on the idiosyncratic operation of parole in England and Wales at this time; a very British compromise that would exert a significant influence over the trajectory of early release policy and practice in the subsequent thirty years.
Future Prospects
Authors: Himanshu  , Lanjouw Peter , Stern Nicholas
Published: September 2018

This chapter attempts to draw on the analysis of seven decades of data and evidence from Palanpur to indicate some predictions for the future. It suggests that all-India trends of expanding non-farm, informal, employment will continue to exert an influence in Palanpur. The central role of caste and landholding in driving distributional outcomes is predicted to gradually diminish over time. However, a critical question relates to the potential role that the currently high, and rising, inequality might play in locking-in the forces that perpetuate inequality. The chapter argues that there is an intense need for improvement in the public supply of education and health services. Given the still weak state of education outcomes and also still poorly developed availability of financial services, it argues that for the foreseeable future entrepreneurship will continue to draw primarily on households’ own resources and initiative.
Civil Society
Authors: Barber N. W.
Published: September 2018

Civil society is the interface between the public and the private: the rules and dispositions that define the relationships between the state and other social institutions, shaping both the state and these private entities. The first part of this chapter considers the apparent tension between the public and the private. The chapter then argues that, in contrast, the state should see the private realm as a necessary and beneficial counterpart to the public. This section invokes the idea of ‘invisible hand’ systems. It is an argument from the invisible hand that allows us to reconcile the restricted concern that is characteristic of the economic and social realms with the broader concern of the state, showing these to be complementary rather than set in tension. The chapter concludes by examining the constitutional structures needed to facilitate success in the private realm.