bluuebunny/crossref_metadata_2025 huggingface dataset:
Depoliticizing Diaspora in Mexico and the Philippines
Authors: Burgess Katrina
Published: August 2020

Chapter 6 compares the cases of Mexico and the Philippines, both of which have below-average turnout in homeland elections by their citizens abroad. In each case, the prevalence of economic objectives has interacted with weakly transnationalized parties to encourage political leaders to depoliticize their diasporas. The chapter also identifies some critical differences between the two cases. First, diaspora-making in the Philippines has been both more proactive and less unifying than in Mexico because of the distinction between permanent settlers, mostly in the United States, and temporary workers on state-regulated contracts. Second, the administrative tentacles of the Philippine state have more thoroughly penetrated extraterritorial spaces, making it less reliant on the disciplinary function of loyalty but also more likely to become a target of migrant claims-making. These differences help explain why extraterritorial turnout in the Philippines, while still very low, is somewhat higher than in Mexico.
Introduction: The Transnational Path Toward Corporeal Fascism
Authors: Franko Mark
Published: August 2020

This chapter begins by outlining the meaning of the classical in French cultural production since the seventeenth century as a way to situate neoclassicism in ballet with modernism itself. The situation of ballet differs from other arts in that neoclassicism cannot be considered a betrayal of modernism but actually furnishes the condition for modernization. This prompts the question of the political engagements of neoclassicism in dance given that it is often considered to be politically conservative. The growth of interest in folk dance and folk arts more generally in interwar France places the historical component in popular culture in a comparative perspective with neoclassicism. Serge Lifar’s position within the interwar dance field is sketched out and differing critical discourses on the neoclassical are introduced.
Oliver Hart and the Rise of Baptist America
Authors: Smith Eric C.
Published: August 2020

Oliver Hart was arguably the most important evangelical leader of the pre-Revolutionary South. For thirty years the pastor of the Charleston Baptist Church, Hart’s energetic ministry breathed new life into that congregation and the struggling Baptist cause in the region. As the founder of the Charleston Baptist Association, Hart did more than any single person to lay the foundations for the institutional life of the Baptist South, while also working extensively with evangelicals of all denominations to spread the revivalism of the Great Awakening across the lower South. One reason for Hart’s extensive influence is the uneasy compromise he made with white Southern culture, most apparent in his willingness to sanctify rather than challenge the institution of slavery, as his more radical evangelical predecessors had done. While this capitulation gained Hart and his fellow Baptists access to Southern culture, it would also sow the seeds of disunion in the larger American denomination Hart worked so hard to construct. Oliver Hart and the Rise of Baptist America is the first modern biography of Oliver Hart, at the same time interweaving the story of the remarkable transformation of America’s Baptists across the long eighteenth century. It provides perhaps the most complete narrative of the early development of one of America’s largest, most influential, and most understudied religious groups.
Introduction
Authors: Smith Eric C.
Published: August 2020

Oliver Hart (1723–1795) was one of the most important evangelical leaders of the pre-Revolutionary South. Practicing a singular and understated style of leadership, Hart is also a central figure in the story of eighteenth-century Baptist development in America from small, scattered sect to a large and unified denomination. This book explores Hart’s life as a window into that broader story, as his life spanned the critical years of Baptist progress, and was connected to almost all the major figures and events of the period.
Cost-Benefit Analysis as an Expression of Liberal Neutrality
Authors: Heath Joseph
Published: August 2020

The past few decades have seen an expansion in the use of cost-benefit analysis as a tool for policy evaluation in the public sector. This slow, steady creep has been a source of consternation to many philosophers and political theorists, who are inclined to view cost-benefit analysis as simply a variant of utilitarianism and consider utilitarianism to be completely unacceptable as a public philosophy. The chapter shows that this impression is misleading. When construed narrowly, cost-benefit analysis does look a lot like utilitarianism. However, when it is seen in its broader context, in the way that it is applied, and the types of problem to which it is applied, it is better understood as an attempt by the state to avoid taking sides with respect to various controversial conceptions of the good.
The Modes of Ottomanism
Authors: Yavuz M. Hakan
Published: August 2020

This chapter examines the origins, meaning, and failure of Ottomanism as a state-centric identity. The initial questions include, What are the key causes of the longing for the Ottoman Empire? What are the social implications of nostalgia for the past? What explains the current wave of Ottoman romanticism? This chapter argues that nostalgia in this instance is a bottom-up phenomenon. It traces the changing meaning of Ottomanism by exploring its historical origins in the second half of the 19th century. The chapter follows the Tanzimat Reforms of 1839 and the inevitable decline of the Ottoman Empire. The idea of Ottomanism as a new state-centric identity to unify diverse ethnic and religious groups was promoted by a small Westernizing elite, known as the Young Ottomans. The chapter’s closing question is, What was the purpose of creating a new state-centric Ottoman identity?
Turgut Özal’s Neo-Ottomanism
Authors: Yavuz M. Hakan
Published: August 2020

The chapter examines the multidimensional conceptualization of neo-Ottomanism, including its strategic deployment from the early 1980s into the post–Cold War period, and Turgut Özal’s neoliberal economic policies. The chapter follows these developments that strengthened the elite in reconstructing neo-Ottomanism to respond to the decade’s challenges. The ethnic cleansing of Bulgarian Muslims in 1989, the deportation and genocidal campaign against Bosnian Muslims, and the forced exile of Azeri Turks from Karabakh compelled the masses to confront their suppressed memories in the Balkans and the Caucasus. Meanwhile, Özal inadvertently created the space for cultivating a counter-identity and ideology. The formation of a new Anatolian bourgeoisie with its support for alternative chronicles of history played an important role in reconstructing neo-Ottoman discourse.
The Neo-Ottomanism of the Nakşibendis and the Welfare Party
Authors: Yavuz M. Hakan
Published: August 2020

The chapter examines the Nakşibendi Sufi orders, Necmettin Erbakan, and their roles in reconstructing Islamic political identity and memories of the Ottoman Empire. The debate about the politics of identity is analyzed, as based on the experience of the Islamic parties of the National Outlook Movement (Welfare Party and the Virtue Party) between 1994 and 2001. The Welfare Party’s local election victory in 1994 resulted in its controlling nearly every municipal government in Turkey. Thus, the elected officials used the resources of the municipalities to criticize the Kemalist project by promoting Ottoman history, culture, and practices as an alternative. Rather than directly promoting Islamism due to legal constraints, they preferred to frame Ottomanism as a surrogate identity and ideology to criticize Kemalism.
The Neo-Ottoman Foreign Policy of the AKP
Authors: Yavuz M. Hakan
Published: August 2020

This chapter explores the extent of contemporary neo-Ottomanism’s influence in Turkey’s foreign policy and the political infrastructure for implementing it. It examines the dynamic of the mutually constitutive relationship between Islamization and Ottomanization within three stages of Turkish foreign policy: Europeanization (2002–2010); Arab Spring and Islamicization (2010–2013); “Splendid Isolation” (2013–present). The focus of the chapter is Ahmet Davutoğlu, who provided the ideological framework for neo-Ottoman foreign policy. The analysis probes Davutoğlu’s understanding of Ottomanism as Islamist, anti-Western, adventurist, and ideological. This leads to exploring why many pundits and critics of Turkey’s foreign and domestic politics use this specific term as an epithet to signal the gradual Islamicization of domestic politics and the growing presence of Islamic irredentism in foreign policy.
The Balkan and Arab Responses to Neo-Ottomanism
Authors: Yavuz M. Hakan
Published: August 2020

The chapter summarizes reactions to neo-Ottomanism in the former Ottoman territories of the Balkans and the Middle East. After a brief recap of the region’s Ottoman legacy, the chapter traces how Balkan countries (Serbia, Greece, Albania, and Bosnia) responded to neo-Ottomanism in their respective foreign policy discourses. The chapter also reviews how Arab societies remember the Ottoman period by distilling the secular-nationalist appropriation of the Ottoman Empire as backward, alien, and defined by Turkish colonial rule. In response to this secularist-nationalist reading of the Ottomans, Islamic-oriented segments of the population consider the Ottoman Empire as part of their history. They regard it as the vanguard of anti-colonial rule protecting Muslims against European colonialism. The chapter’s final section summarizes how Erdoğan became a popular figurehead for Muslim groups in the region amid the backdrop of the Arab Spring and Turkey’s growing isolation from its traditional partners in the global community.
Dial M for Murder, Rear Window, To Catch a Thief, The Trouble with Harry, The Man Who Knew Too Much
Authors: Callahan Dan
Published: August 2020

In three films, Hitchcock drew out and glorified the young blonde Grace Kelly. In Dial M for Murder (1954), the Master put her through an ordeal and began to get her to relax on camera, and then in Rear Window (1954), he emphasized all of Kelly’s non-naturalistic strengths while allowing James Stewart to do some of the most nuanced acting in all of Hitchcock as the voyeuristic photographer L.B. Jefferies. Finally, Hitchcock presented Kelly as the sexiest of ice blondes in To Catch a Thief (1955), where she pursued Cary Grant along the French Riviera. Hitchcock got understated work from his cast in the macabre comedy The Trouble with Harry (1955), and then he probed the persona of Doris Day in a remake of The Man Who Knew Too Much, with results that were both genuinely painful and just slightly “too much.”
The Wrong Man, Vertigo, North by Northwest, Psycho, The Birds, Marnie
Authors: Callahan Dan
Published: August 2020

In the six masterpieces in a row that Hitchcock made from 1957 to 1964, the Master drew extraordinary work from every actor in his casts. He carefully molded the performance of Vera Miles as a wife who succumbs to depression in The Wrong Man (1957), rehearsing with her over and over again so that the scale of her work would be exactly right, and he let Henry Fonda “do nothing” in this picture in a super-controlled way that ranks with Judith Anderson’s Mrs. Danvers in Rebecca for ambiguous expressiveness under a tightly unyielding surface. Kim Novak gave perhaps the ultimate tensile and contrasting Hitchcockian performance in a dual role in Vertigo, and Novak was matched in that film by James Stewart and Barbara Bel Geddes, both of whom cleanly plumbed the deep pain of their respective characters. Hitchcock worked one more time with Cary Grant for North by Northwest (1959) and brought the Grant persona to its latter-day apotheosis, especially in the love scenes with a somber and very carnal Eva Marie Saint. The Master patiently and closely directed Janet Leigh in Psycho, even sitting off camera and reading the lines her character Marion Crane was supposed to be thinking as she drove to her doom at the Bates Motel. And then Hitchcock controlled the work of Tippi Hedren in The Birds and Marnie, and they both achieved his ideal of maximum expressiveness with minimal means before he crossed a line off screen and their working relationship deteriorated.
Torn Curtain, Topaz, Frenzy, Family Plot, AFI Award
Authors: Callahan Dan
Published: August 2020

Hitchcock’s last four films do not contain much in the way of acting excellence, alas. But in his last appearance at the American Film Institute’s Life Achievement Award in his honor in 1979, the Master did “nothing” for the camera until Ingrid Bergman came down to his table and embraced him, at which point their mutual emotion was clear as a white-haired Cary Grant looked on and smiled and lied to the camera. This was a final Hitchcockian image with two key collaborators that perfectly expresses what the camera can see and what it cannot.
Grace and Freedom
Authors: Muller Richard A.
Published: August 2020

Grace and Freedom addresses the issue of divine grace in relation to the freedom of the will in Reformed or “Calvinist” theology in the late sixteenth and early seventeenth century with a focus on the work of the English Reformed theologian William Perkins, and his role as an apologist of the Church of England, defending its theology against Roman Catholic polemic, and specifically against the charge that Reformed theology denies human free choice. Perkins and his contemporaries affirmed that salvation occurs by grace alone and that God is the ultimate cause of all things, but they also insisted on the freedom of the human will and specifically the freedom of choice in a way that does not conform to modern notions of libertarian freedom or compatibilism. In developing this position, Perkins drew on the thought of various Reformers such as Peter Martyr Vermigli and Zacharias Ursinus, on the nuanced positions of medieval scholastics, and on several contemporary Roman Catholic representatives of the so-called second scholasticism. His work was a major contribution to early modern Reformed thought both in England and on the continent. His influence in England extended both to the Reformed heritage of the Church of England and to English Puritanism. On the Continent, his work contributed to the main lines of Reformed orthodoxy and to the piety of the Dutch Second Reformation.
Conclusions
Authors: Muller Richard A.
Published: August 2020

Perkins’s work has been shown to stand at the intersection of the strongly traditionary and catholic defense of the Church of England against Roman polemics with the early Reformed orthodox appropriations of scholastic argumentation. Early orthodox Reformed theology, in the works of William Perkins and his contemporaries, developed a highly nuanced understanding of human free choice and divine grace, distinguished according to the four states of human nature. His resolution of the issue of divine grace and human freedom drew eclectically on arguments from the Thomist tradition and from patterns in late medieval voluntarism. At the same time, it reinforced and refined the heritage of the Reformation on the doctrine of salvation by grace alone. The Reformed orthodoxy represented by Perkins and his contemporaries insists that God guarantees the free choice of free creatures, who always must act according to their natures.
Cognitive Skills You Need for the 21st Century
Authors: Reed Stephen K.
Published: August 2020

Cognitive Skills You Need for the 21st Century begins with the Future of Jobs Report 2018 of the World Economic Forum that describes trending skills through the year 2022. To assist with the development of these skills, the book describes techniques that should benefit everyone. The 20 chapters occupy 6 sections on acquiring knowledge (comprehension, action, categorization, abstraction), organizing knowledge (matrices, networks, hierarchies), reasoning (visuospatial reasoning, imperfect knowledge, strategies), problem-solving (problems, design, dynamics), artificial intelligence (data sciences, explainable AI, information sciences, general AI), and education (complex systems, computational thinking, continuing education). Classical research, recent research, personal anecdotes, and a few exercises provide a broad introduction to this critical topic.
Visuospatial Reasoning
Authors: Reed Stephen K.
Published: August 2020

Visual thinking has aided many scientific discoveries and is also useful in everyday reasoning. The Animation Tutor provides animation feedback to help students improve their ability to estimate and calculate answers to problems. Examples include calculating the average speed of a round trip and using spatial relationships as a substitute for deriving algebraic solutions. Computer simulations of human thinking have emphasized rule-based reasoning, but these simulations now include a visual buffer to model visuospatial reasoning. It is often difficult to discover new information in visual images such as reinterpreting an ambiguous figure although people are more successful in mentally combining figures to create useful objects. Applications of research on cognitive geography include improving spatial information, geographic education, map design, urban planning, and landscape design.
Design
Authors: Reed Stephen K.
Published: August 2020

Many design problems are ill-structured in which the start state, the goal state, and intermediate states are incompletely specified. They do not have right or wrong answers, only better or worse ones. They require decomposition into smaller parts that are revisited as the design progresses. Scientists also confront design problems as they search for nature’s design, such as the structure of DNA. The success of Watson and Crick in discovering its double-helix structure was influenced by their access to X-ray diffraction pictures, ability to interpret these pictures, utilize the relative amounts of bases in the molecule, and recognize that two strands of a molecule provide a mechanism for replication. The Geisel Library on the University of California, San Diego, campus illustrates the combination of function and beauty in designing a building. The Salk Institute in La Jolla, California, is widely acclaimed as a magnificent achievement by Louis Kahn. The addition of the East Building is an example of the challenges encountered in making modifications.
Data Sciences
Authors: Reed Stephen K.
Published: August 2020

Machine learning is a highly influential field that has made major contributions to the increased effectiveness of artificial intelligence. Machine learning utilizes different methods, four of which have been particularly effective. The Analogizers classify patterns based on their similarity to other patterns. Multidimensional scaling provides support. The Bayesians revise the probability of hypotheses based on new evidence. The Connectionists adjust the strength between layers of “neurons.” Deep leaning based on many layers of connections has proven particularly successful. The Symbolists use rules that combine pieces of pre-existing knowledge. Hybrid systems combine these methods to create systems that are more effective than individual methods.
The Role of Confucianism in Defusing Tension with the Social and Political Environment
Authors: Billioud Sébastien
Published: August 2020

In areas where most of the research for this book was carried out, a high amount of tension between Yiguandao and the state existed or still exists. This was the case in Taiwan during the martial law era and this is still the case in China, where the group has been banned by the Communist regime since 1949. The main argument defended in chapters 5 is that in contexts where the Yiguandao is in a situation of high tension with the authorities, Confucianism plays a pivotal role to defuse or decrease this tension. In so doing, it facilitates the group’s expansion. Chapter 5 proposes a brief retrospective on Yiguandao’s Confucianization and discusses the situation in Taiwan both before and after 1987, a date that marks both the end of martial law and the legalization of the group.
The Political Tech Glass Ceiling
Authors: Kreiss Daniel , Adams Kirsten , Ciesielski Jenni , Fernandez Haley , Frauenfelder Kate , Lowe Brinley , Micchia Gabrielle
Published: August 2020

The introduction conveys how political technology lies at the intersection of two male-dominated fields—politics and technology—and has grown significantly in electoral importance in the 21st century. It relates how campaigns have increasingly organized dedicated divisions for technology, digital media, data, and analytics operations and have turned to a growing field of specialized political practitioners and the tech industry itself to staff them. The introduction previews the key findings and details the plan of the book. It also makes three primary arguments about the importance of gender diversity for campaigns in terms of messaging, technological design, and the functioning of campaign organizations. The introduction further argues that gender diversity matters for equity and fairness in the workforce and political culture more broadly.
Political Technology as a Field
Authors: Kreiss Daniel , Adams Kirsten , Ciesielski Jenni , Fernandez Haley , Frauenfelder Kate , Lowe Brinley , Micchia Gabrielle
Published: August 2020

This chapter discusses how political technology grew into the field it is today. Political technology lies at the intersection of two male-dominated fields, and it also has a number of unique features for politics. The ever-shifting nature of technology requires campaigns and political parties to garner significant amounts of knowledge and expertise from the technology and commercial sectors. This means fluid careers as staffers move into and out of commercial, technology, and political jobs, seeding campaigns with new skills, knowledge, and ways of seeing the world. There are also rapid and continual changes in the technologies that are at the center of how contemporary politicians connect with the public, from social media platforms to political databases. For political tech staffers, this means continual learning and adapting to changes in how the electorate receives political information and communicates about politics. And it means many new opportunities for entrepreneurial ventures to bring talent, tools, and practices down-ballot and across election cycles.
Constitutional Review in Finland
Authors: Tuori Kaarlo
Published: August 2020

This chapter takes a look at how constitutional review is conducted in Finland. Here, the Finnish model has managed to ward off at least some of the dangers of which critics of judicial review and the ensuing tendency towards a ‘jurisdictional state’ have warned. This model is based on a combination of abstract parliamentary ex ante review and judicial ex post control. Clear emphasis has lain on ex ante monitoring, and courts seem to have accepted the role that the last resort theory of judicial review assigns to them. Moreover, an integral part of the present balance between parliamentary and judicial control consists of the ‘evident conflict’ requirement established by article 106 of the Constitution.
The Portuguese Constitutional Court
Authors: Amaral Maria Lúcia , Pereira Ravi Afonso
Published: August 2020

This chapter covers the Portuguese Constitutional Court. The Portuguese system of constitutional review developed to a great extent independently from the European experience and its issues. The origin of the Portuguese model of constitutional review is rather to be found in the deeply rooted tradition of a general power of review and disapplication. To grasp the current Portuguese system with all its peculiarities, the chapter scrutinizes the beginnings of the courts’ general power of review and disapplication. It shows that the development itself was an isolated one, and to this day its doctrinal classification remains problematic. After an overview of the role and functions of constitutional adjudication in Portugal, the chapter considers several aspects for evaluation. These are: the public perception of the Constitutional Court, constitutional adjudication in national constitutional scholarship, and the understanding of the role within the European legal space.
Introduction
Authors: Cobb Hannah , Croucher Karina
Published: August 2020

This chapter introduces the context of research, teaching, learning, practice, and pedagogy in archaeology, connecting this with changing trends in global higher education, and demonstrating how pedagogy and teaching have been seen as less valuable than research. A history of pedagogic research in archaeology is then presented to demonstrate how this has emerged, and which offers a series of arguments about why pedagogy should be revalued in the discipline. Specifically, we argue four key points: that our students are tomorrow’s practitioners; that pedagogy is fundamentally connected to sociopolitics; that the impact of good pedagogic practice is affective across multiple scales; and that archaeology needs its own pedagogic solutions. In the latter we argue that establishing our own disciplinary pedagogic solutions contributes to broader non-archaeological pedagogic research. In making these arguments we set the scene for the rest of the volume.
Becoming Archaeologist
Authors: Cobb Hannah , Croucher Karina
Published: August 2020

Throughout this volume are a series of semi-fictional assemblages of learning as a means to illustrate the nuances of the arguments made. These merge the experiences of authors, students, and others who have shared their many learning and life assemblages with us. In turn, the semi-fictional accounts both structure debate and illuminate the learning assemblages that pervade archaeological practice. In Chapter 3, Student X is introduced. Their experience highlights the financial and social pressures of completing a degree, and introduces the challenges they face in their multiple environments, partly as a consequence of the marketization of higher education and broader neoliberal agendas. Chapter 3 also begins to introduce the diversity of student identities through accounts of their daily experiences.
Becoming Archaeologist
Authors: Cobb Hannah , Croucher Karina
Published: August 2020

This chapter returns to the semi-fictional narrative of Student X, who is now attending her first excavation. Student X’s experiences on the excavation are a mixture of elation and increasing frustration, and they are compounded by her experiences of off-site dynamics, which in turn feed into her learning experience when she returns to the campus after the field school. This semi-fictional narrative demonstrates how learning assemblages do not exist in a politically neutral vacuum; teachers and learners alike bring a multitude of socio-political differences to the archaeological process, and the intersection of these with the materiality of the site, lab, or classroom creates and reproduces a microcosm of social relations and political inequalities.
Becoming Archaeologist
Authors: Cobb Hannah , Croucher Karina
Published: August 2020

Chapter 9 returns the reader to the semi-fictional narrative of Student X. Spoiler alert: Student X has a happy ending! The chapter follows Student X’s development over her degree and into her career beyond, exploring how she addressed the issues of discrimination and marginalization that are presented in Chapters 3 and 5 , and how this process of becoming extends into her professional life as she becomes Graduate X. One of the turning points in Student X’s learning experience (although there are many others that we do not cover here) is a lecture in which a piece of cake is used as a device to highlight the interconnected material assemblages of modern western capitalism.
Seven Ways of Escaping a Rule
Authors: Viñuales Jorge E.
Published: August 2020

The purpose of this chapter is, first, to identify seven legal techniques through which certain situations that could otherwise fall within the scope of a rule or a set of rules are excluded from it (scope clauses, carve-outs, flexibilities, derogations, exceptions stricto sensu, excuses, and circumstances precluding wrongfulness) and, secondly, to clarify the implications (technical and practical) of using such techniques and the terminology that comes with them. Using the term ‘exception’ rather than other terms such as ‘carve-out’ or ‘exemption’ may have significant legal implications as regards matters such as (i) the burden of proof, (ii) the interpretative approach, (iii) the degree of deference accorded to a respondent under a provision, or (iv) the interplay with certain referral clauses.
Defences and the Burden of Proof in International Law
Authors: Pauwelyn Joost
Published: August 2020

The burden of proving a defence is said to be on the party invoking it. As trite as this proposition may sound, in international law it hides a far more complex litigation reality. Distinctions must be made both in terms of types of claims in defence, and types of burdens this may impose on the respondent. This chapter distinguishes six different claims in defence: (i) objections to jurisdiction, (ii) objections to admissibility, (iii) exemptions, (iv) absence of breach, (v) exceptions, and (vi) defences under secondary rules. For each of these six claims in defence, five types of burdens are identified: (i) burden of raising a claim in defence, (ii) burden of production of evidence, (iii) burden of persuasion, (iv) quantum of proof, and (v) standard of review. Although for some claims in defence some types of burden are on the defendant, this is certainly not the case for all.
Doing Semiotics
Authors: Oswald Laura R.
Published: August 2020

Structural semiotics is a hybrid of communication science and anthropology that accounts for the deep cultural codes that structure communication and sociality, endow things with value, move us through constructed space, and moderate our encounters with change. Doing Semiotics: A Research Guide for Marketers at the Edge of Culture, shows readers how to leverage these codes to solve business problems, foster innovation, and create meaningful experiences for consumers. In addition to the basic principles and methods of applied semiotics, the book introduces the reader to branding basics, strategic decision-making, and cross-cultural marketing management. The guide can be used to supplement my previous books, Marketing Semiotics (2012) and Creating Value (2015), with practical exercises, examples, extended team projects and evaluation criteria. The work guides students through the application of learnings to all phases of semiotics-based projects for communications, brand equity management, design strategy, new product development, and public policy management. In addition to grids and tables for sorting data and mapping cultural dimensions of a market, the book includes useful interview protocols for use in focus groups, in-depth interviews, and ethnographic studies. Each chapter also includes expert case studies and essays from the perspectives of Marcel Danesi, Rachel Lawes, Christian Pinson, Laura Santamaria, and Laura Oswald.
The Origin of the Judges’ Rules
Authors: McConville Mike , Marsh Luke
Published: August 2020

The point at which the liberty of the subject can be subject to interference by force of the law is a critical issue and one reliant on the integrity of judicial oversight. Focusing on the start of the twentieth century, this chapter addresses the discontinuities in the then existing rules relating to the interrogation of suspected persons (embodied by the Judges’ Rules of 1912, whose obscure origins are discussed) and the divergent responses of different police forces to the cautioning and questioning process. From this it explores how the need for closer formal regulation arose and the role of Home Office officials (the very same as those involved in the Adolph Beck case) in drafting the first revision of the Judges’ Rules in 1918 which were to remain in force for almost fifty years. These inapt and inexpertly drafted Rules thereafter laid the foundations for policing regulation in jurisdictions around the world.
The Aftermath
Authors: McConville Mike , Marsh Luke
Published: August 2020

Chapter 4 traces the aftermath of the formulation of the Judges’ Rules over the period 1918–60 including their reissue and additional interpretations of 1930, 1946, and 1947. In this account the technical disarray over the meaning of the Rules is analysed and the consequences for policing practices. There is an emphasis both upon the impact upon police culture, particularly within the Criminal Investigation Department (CID) from its origins in 1878, and the emergence and intensification of various forms of police deviance and corruption. The chapter links these developments to the experiences of suspects subjected to police questioning practices alongside, in the age of capital punishment, accounts of early cases of miscarriages of justice including that of Timothy Evans for murders committed by John Reginald Christie. In the face of Home Office resistance, public pressure eventually forced the establishment of a Royal Commission on the Police (1962) and a separate review of the Judges’ Rules (1964).
The War of Attrition and the Vanquishing of the Judges
Authors: McConville Mike , Marsh Luke
Published: August 2020

This chapter reveals how the judiciary succumbed to executive pressure in regard to subsequent drafts of the Judges’ Rules. This occurred in a manner which directly contests the constitutional principle that nothing should be said or done to shake confidence in the good sense and freedom from bias of those who have to administer justice, a principle earlier set out by the Home Office itself. The analysis shows the relevance of contemporaneous occurrences in criminal justice (including, but not limited to, the Sheffield Rhino Whip affair—where police officers assaulted prisoners not suspected of crimes; the Challenor incidents—in which bricks were planted on innocent people; and the Stephen Ward/Christine Keeler/John Profumo scandal—in which the police engaged in dubious arrest, detention, and interrogation practices at the behest of the executive) as it uncovers the constitutional struggle between the executive and the judiciary in which the judges were forced into a climb-down by political threats that went to the heart of British constitutional arrangements and the associated notion of judicial independence.
The Legacy of the 1964 Rules
Authors: McConville Mike , Marsh Luke
Published: August 2020

This chapter discusses the aftermath of the executive–judicial conflict through an analysis of the impact of the 1964 version of the Judges’ Rules. This includes scrutiny of the technical-legal implications of the Rules, the impact upon police culture and police practices, and consistent failure of the Home Office to deal with police malpractices. It also examines the extraordinary turnaround in the stance of the judiciary, the long-term effects of which have since unfolded in an anti-adversarial culture exemplified in the form of so called ‘culture-change’ within the criminal justice system, now enshrined by the Criminal Procedure Rules (CrimPR). The discussion covers judicial decision-making as well as notorious miscarriages of justice and explains the deficiencies of the modern role assumed by judges, both under the auspices of the CrimPR, and in policy-making in the arena of criminal justice. The chapter shows how, over this period, the senior judiciary became transformed from guardians of individual liberty to architects of state policy.
Rule of Law and Common Law
Authors: McConville Mike , Marsh Luke
Published: August 2020

This chapter argues that the conflict earlier described between the executive and the judiciary should reset the debate about the meaning of the ‘rule of law’. To this end, it explores the implications that the history of the Judges’ Rules has for both the ‘Rule of Law’ and the role of judges in relation to the common law. By shedding light on the ambiguous nature of the Rules, it first questions whether they were ‘law’, and if so, whether judges could be said to legitimate authors of them—itself a controversial and heavily contested notion. In this regard, it examines the principal justifications for judicial law-making, and questions how these might relate to other major judicially created or endorsed features of the modern criminal justice landscape, namely, state-induced guilty pleas and the Criminal Procedure Rules (CrimPR). Additionally, it challenges the locus classicus of Tom Bingham as to the meaning of the ‘Rule of Law’. By focusing on the ignored value of adversarial proceedings, it demonstrates how Bingham’s celebrated analysis of the Rule of Law is flawed and its list of ‘ingredients’ left wanting. In consequence, it argues that those transformative initiatives conceived outside formal adversary structures (including the Judges’ Rules, state-induced guilty pleas, and the CrimPR) cannot meet the tests of legitimate policy-making or the rule of law. The chapter ends by looking beyond the debate on judicial law-making in order to address a related deep-seated problem that arises from judges’ involvement in setting criminal justice policy: their entrenched homogeneity.
Who Will I Become?
Authors: Paul L. A.
Published: August 2020

This chapter argues that life-changing experiences like having a child are hard to evaluate within standard models of rational decision-making, given the extent of the change they bring about in our preferences and the subjective inaccessibility of the phenomena that they center on. This is not a barrier that can be overcome by relying on testimony from others who have undergone changes of the sort in question. In making a transformative choice a person must navigate between alternative understandings of who she is—and the upshot of transformative change is to have one’s current self replaced with a different one.
How Personal Theories of the Self Shape Beliefs about Personal Continuity and Transformative Experience
Authors: Molouki Sarah , Chen Stephanie Y. , Urminsky Oleg , Bartels Daniel M.
Published: August 2020

This chapter summarizes experimental work exploring how individual beliefs about the personally disruptive character of transformative experiences are influenced by intuitive theories of what a self fundamentally is, at the current moment and over time. Judgments of disrupted personal identity are influenced by views of the causal centrality of a transformed trait to a person’s self-concept, with changes in more central features perceived as more disruptive to self-continuity. Furthermore, the type of change matters: unexpected or undesirable changes to personal features are viewed as more disruptive to self-continuity than changes that are consistent with a person’s expected developmental trajectory. The degree to which an individual considers a particular personal change to be disruptive will affect how he or she makes decisions about, reacts to, and copes with this experience.
Transformative Experience and the Knowledge Norms for Action
Authors: Pettigrew Richard
Published: August 2020

In this chapter, Richard Pettigrew continues his defense of the Fine-Graining Response to L. A. Paul’s critique of decision theory, arguing that it meets a new challenge from Sarah Moss’s probabilistic knowledge framework. The strategy of the Fine-Graining Response is to treat uncertainty about one’s post-transformation preferences just like decision theory standardly treats uncertainty about the world. After reviewing the dialectic between himself and Paul, Pettigrew examines Moss’s argument that the potential for transformation blocks the kind of probabilistic knowledge she claims is necessary for rational decision. He distinguishes ways in which Moss’s argument both comports with and diverges from Paul’s. Finally, he defends the possibility of forming the kinds of justified credences needed for the Fine-Graining Response, and that this is sufficient for rational choices regarding transformation.
What Is It like to Have a Crappy Imagination?
Authors: Arpaly Nomy
Published: August 2020

This chapter argues that our inability to anticipate what our future selves, including future selves brought about by?transformative decisions, would be like can often be explained by the same failures of imagination that impede our ability to understand other people. A common sort of such imaginative failure results from our excessive tendency to simulate other people’s subjective perspectives by imagining ourselves in their situation – a strategy easily overused, given our peculiarities and theirs. We have the same tendency with regard to future selves, and so we are forever surprised when our subjective perspective changes significantly – even when we should have known better.
What Imagination Teaches
Authors: Kind Amy
Published: August 2020

This chapter considers the use of imagination in transformative decision-making. While there may be some cases where an experience is so qualitatively different from those one has had that it is impossible to imagine what it would be like, in the majority of cases it is possible to adequately grasp the character of unfamiliar experience by means of imaginative scaffolding. There are people who develop extraordinary imaginative abilities, calling into question the reliability of prima facie judgments about what can be done via imagination. This means that there is no in-principle barrier to using imagination to project oneself into a subjectively transformed possible future and making rational choices on that basis.
Paramilitarism’s Long Twentieth Century
Authors: Üngör Uğur Ümit
Published: August 2020

How did paramilitarism develop into the modern age? The twentieth century has seen forms of paramilitarism ranging from the Freikorps in Germany early on in the century, to the Sudanese Janjaweed militias a century later, and a myriad of armed groups in between. Although these militias all originated under differing conditions and in different societies, their functions, logics, and dynamics demonstrate compelling similarities and instructive differences. This chapter traces the historical context of modern paramilitarism by developing an explicitly global review of these scenarios. The chapter begins with a short overview of paramilitarism in the first half of the twentieth century, before it moves on to the postwar era and looks at the construction of Soviet-led paramilitary infrastructures by the new communist regimes in Eastern Europe, and the US-supported paramilitarization of Latin America in the same period. Paramilitary units also appeared in several European conflicts in the 1990s and committed widespread violence against civilians. Although paramilitarism operated differently in various international political, historical, and ideological contexts in this period, there were both structural and phenomenological similarities between the cases.
Introduction
Authors: Fifield Peter
Published: August 2020

This introduction argues that physical illness is an important category for literary modernism. Through a close reading of Virginia Woolf’s ‘On Being Ill’ (1926), the author argues that the altered, often intensified forms of embodied experience in illness, constitute an important subject, method, and manner of writing. Self-consciously ‘new’, Woolf’s proposal for a canon of illness writing resembles a voyage of self-discovery, a linguistic experiment, and a phenomenological study. Requiring innovative stylistic effects, physical illness reveals a world at once strange and familiar, in a manner central to modernism’s own distinctiveness. The emphasis on physical illness is clarified with regard to current and historical categorization, as is the relationship between illness, disability, and their attendant terminology. It also explains the predominant focus on textual rather than authorial illness, and on illness rather than medicine.
‘You ought to be supported by the state!’
Authors: Fifield Peter
Published: August 2020

Richardson’s Pilgrimage uses illness to examine the operations of sympathy and the structures of care and responsibility. Pilgrimage is, in part, a realization of the aspiration to write a ‘dental novel’, where the surgery setting allows the depiction of a rich and distinctive social world. Consequently, the chapter shows the meaning of illness to be socially and politically determined. Analysis of the mechanisms of sympathy, empathy, and narrative method in the surgery leads to a discussion of public healthcare policy. Pilgrimage reflects the contemporary debate between sociological and moral models of healthcare, exemplified by the Fabian Society and the Charity Organisation Society. Pilgrimage balances, therefore, individual, sympathy-driven care against systematic, disinterested care.
Introduction
Authors: Toropova Anna
Published: August 2020

In the wake of the cultural revolution (1928–32), the medium long held to be uniquely attuned to the feelings of the masses became Soviet power’s key ally in building the emotional landscape of a new historical epoch. The development of Soviet cinema’s repertoire of genres became vital to this task of emotional education. The belief that film genres gave form to the ‘psycho-ideology’ of a specific historical period pushed the Soviet film industry towards the creation of genres that could articulate the unique emotional values of the Stalin era. Soviet cinema’s ambitions in the sphere of emotional education are explored in this Introduction with reference to debates over Soviet laughter, whilst the limitations of this project are highlighted in sections on the critical disputes over Sergei Gerasimov’s 1948 film The Young Guard. The Introduction concludes by using the case of Stalinist emotional management to explore the questions that have dominated critical theory since the affective turn. Psychoanalytic theory’s conception of affect and discourse as co-entangled, the Introduction shows, offers a means of accounting for the role of emotions in securing the hold of Stalinism’s ideological agendas without nullifying their capacity to shift and expand official models of ‘Sovietn ess’.
Emotional Education
Authors: Toropova Anna
Published: August 2020

Soviet cinema’s ‘affective turn’ in the 1930s took shape in the context of far-ranging scientific debates about emotion and perceptual management. The Soviet film industry’s attention to emotional appeal and push to develop its genre repertoire at the end of the 1920s were closely linked, this chapter shows, to a broader re-evaluation of emotional life in Soviet psychology, as well as to a new scientific interest in the effects of cultural production on audiences. At the end of the 1920s, psychologists including Lev Vygotsky and Aleksandr Luria began to discredit the physiological reading of emotion that had held sway over the human sciences. Alongside its integration into the processes of the mind by the 1930s, emotion was rendered inextricable from the social environment and thereby amenable to cultivation and direction. The setting forth of ‘emotional education’ as a crucial cultural agenda spurred a wave of enquiries into the emotional impact of Soviet cinema. I explore how these sociological and psycho-physiological investigations not only re-conceptualized film viewing as predominantly an emotional experience, but established a correlation between the spectator’s emotional engagement and a film’s use of familiar narrative structures and clear genre markers. The chapter concludes by discussing Stalinist cinema’s commitment to increasing genre variety as both the corollary of an increased audience mindedness, and a symptom of its desire to better manage and guide audience response.