bluuebunny/crossref_metadata_2025 huggingface dataset:
Physical Health—Te Taha Tinana
Authors: Beaumont David
Published: August 2021

The Māori model of health considers physical health as the cornerstone of Western medicine. Maslow’s understanding of homeostasis. Seligman’s PERMA model and vitality. The relationship between vitality and ageing, and the author’s experience after a heart attack: ‘You look like an old man.’ Telomeres, stress, and ageing—‘you are only as old as you feel’. Professor Elizabeth Blackburn (and her PhD student Carol Greider)’s Nobel Prize-winning research on telomerase. The concept of healthspan. Lifestyle choices and optimum health and wellbeing. Epigenetics and Dr David Sinclair’s book, Lifespan: Why We Age – and Why We Don’t Have To. Sir Harry Burns on the role of the environment and Glasgow effect. Tertiary prevention and the author’s experience. The science of nutrition and diet. The work of Professor Grant Schofield, author of What the Fat? and What the Fast?, who promotes a healthy fat, Mediterranean diet, with low carbohydrates and intermittent fasting. The science of sleep and its role in obesity.
The belated emergence of the customary international law of human rights
Authors: Schabas William A.
Published: August 2021

The drafters of the Universal Declaration of Human Rights and of the treaties it spawned did not refer to customary law as a source. Only in the 1960s and 1970s did jurists start to speak of human rights as customary law, largely out of frustration with the slow pace of ratification of the human rights treaties. Lawyers in the United States were especially enthusiastic, especially after courts began applying custom to the Alien Torts Act, and in 1987 the American Law Institute issued an authoritative statement. A major study by Theodor Meron followed. The United Nations Human Rights Committee produced a list of customary norms in the General Comments. Writers contended that State practice was less significant in the identification of custom.
Wrongdoing and the Moral Emotions
Authors: Pereboom Derk
Published: August 2021

This book provides an account of how we might address wrongdoing given challenges to anger and retribution that arise from ethical considerations and from concerns about free will. It contends that we should dispense with basically deserved pain and harm, and with associated retributive sentiments. Without such desert, how might we understand blame? Blame can be conceived as taking on a non-retributive stance of moral protest, whose function is to secure forward-looking goals such as moral reform and reconciliation. Is it possible to justify effectively dealing with those who pose dangerous threats if they do not deserve to be harmed? Wrongfully posing such a threat, by contrast with deserving harm for posing the threat, is proposed as the core condition for the legitimacy of defensive harming. An account is then provided for addressing criminal behavior without a retributive justification for punishment, one in which the right of self-defense provides justification for measures such as preventative detention. How might we forgive if wrongdoers don’t basically deserve the pain of being resented, which forgiveness would then renounce? Forgiveness might instead be conceived as the renunciation of the stance of moral protest. But how might personal relationships function without retributive anger having a role in responding to wrongdoing? The stance of moral protest, together with non-retributive emotions, is argued to be sufficient. The book closes with a consideration of attitudes regarding the fate of humanity in a deterministic universe replete with wrongdoing, and defends the rationality of a transcendent hope for humanity.
The Stance of Moral Protest
Authors: Pereboom Derk
Published: August 2021

Chapter 2 sets out a conception of blame without the notion of deserved pain or harm. To blame is instead to take on a non-retributive stance of moral protest. The reasons for taking on this stance are forward looking: moral formation or reconciliation in a relationship that has been impaired as a result of the wrongdoing, protection from wrongdoing, and restoration of the integrity of its victims. Regret, a painful response to one’s own wrongdoing which by contrast with guilt (by stipulation) does not involve the supposition that the pain it involves is basically deserved, may appropriately accompany self-blame. The pain of guilt, an attitude distinct from regret, conceptually involves basic desert since it involves the supposition that it would be prima facie permissible for those who are suitably situated to intentionally impose it on a wrongdoer for a non-instrumental reason. The pain of regret does not involve this supposition.
Love and Freedom
Authors: Pereboom Derk
Published: August 2021

Chapter 6 contends that love and relationships need not be compromised if we, motivated by ethical considerations and skepticism about free will, relinquished the retributive emotions. When we are wronged in relationships, there are non-retributive emotions available to us, whose expressions can play the relevant roles. These emotions include feeling hurt or shocked or disappointed about what the offending agent has done, and sadness or sorrow and concern for him, and taking on the stance of moral protest against him. Personal relationships might presuppose free will due to being structured by moral obligations, and, by way of the ‘ought implies can principle,’ moral obligations presupposing the ability to refrain from wrongdoing. Two responses are offered, one compatibilist about the relevant ability to do otherwise, and the other invoking a sense of ‘ought’ that does not imply ‘can’ in the threatening sense.
The Concept and Scope of Abusive Constitutional Borrowing
Authors: Dixon Rosalind , Landau David
Published: August 2021

This chapter elaborates the book’s concept of abusive constitutional borrowing, which is defined as the use of designs, doctrines, and concepts associated with liberal democratic constitutionalism for anti-democratic ends. All forms of abusive borrowing decouple the form of a norm from its substance, but in different ways. The chapter develops a typology of four subtypes of abusive borrowing—(1) sham borrowing, which takes the form of a norm without its substance; (2) selective borrowing, where borrowers use only part of a norm or package of norms; (3) acontextual borrowing, where a norm is intentionally transplanted into a context with different background conditions; and (4) anti-purposive borrowing, where an anti-democratic norm is repurposed to achieve the opposite of its intended purpose. Changes in the form and substance of norms are common with all borrowing, but the hallmark of abusive borrowing is that it undertakes these mutations to maximize anti-democratic impact.
The Abuse of Constitutional Rights
Authors: Dixon Rosalind , Landau David
Published: August 2021

This chapter shows how constitutional rights, which have become a nearly universal hallmark of liberal democratic constitutionalism, can be abused for anti-democratic ends. It offers a series of examples, running across different forms of rights and contexts. It shows how hate speech and ‘memory’ laws have been abused in Rwanda, Poland, and Russia, how voting rights were turned to authoritarian ends in Hungary and Fiji, how gender quotas advanced anti-democratic agendas in Rwanda, and how a sham commitment to environmental rights helped to shore up support for an authoritarian agenda in Ecuador. Examples of the abuse of constitutional rights in fact show up in many other chapters of this book, reflecting the centrality of modern rights discourse to liberal democracy.
The Abuse of Constituent Power
Authors: Dixon Rosalind , Landau David
Published: August 2021

This chapter explores the abusive borrowing of ideas related to constituent power—the concept that all power ultimately stems from the people, and which thus reserves power to the people to replace their constitution, while limiting the ability of ‘constituted’ institutions to make fundamental changes. It shows how constituent power theory has been abused to legitimate anti-democratic Constituent Assemblies, including twice in recent years in Venezuela. It also demonstrates how the unconstitutional constitutional amendment doctrine has been wielded throughout Latin America to eradicate presidential term limits, on the argument that they are infringements of the human rights of both voters and elected officials. Finally, it explores the anti-democratic use of international law doctrines related to constituent power: the abuse of ‘unconstitutional government’ norms to justify a military coup in Fiji, and the wielding of the European Union’s constitutional identity doctrines for illiberal or anti-democratic ends in Hungary and Poland.
A Theory of African Constitutionalism
Authors: Gebeye Berihun Adugna
Published: August 2021

This book asks and seeks to answer why we need a theory for African constitutionalism and how this could offer us better theoretical and practical tools with which to understand, improve, and assess African constitutionalism on its own terms. By locating constitutional studies in Africa within the experiences, interactions, and contestations of power and governance beginning in precolonial times, the book presents the development and transformation of African constitutional systems across time and place, along with the attendant constitutional designs and practices ranging from the nature and operation of the African state to its vertical and horizontal government structures, to its constitutional rights regime. It offers both a theoretically and comparatively rich, historically and contextually informed, and temporally and spatially extensive account of the nature, travails, and incremental successes of African constitutionalism with detailed case studies from Nigeria, Ethiopia, and South Africa on important themes like federalism, executive power, and women’s rights. The book aims to bring a new global conversation with a richly African experience as a comparative resource in reimagining the purpose, substance, and scope of constitutions and constitutionalism.
Introduction
Authors: Gebeye Berihun Adugna
Published: August 2021

This introductory chapter situates the research questions of this book: why we need a new theoretical framework for African constitutionalism and how this could offer us better theoretical and practical tools with which to understand, improve, and assess African constitutionalism on its own terms within the broader scholarship. After demonstrating the gap in the existing scholarship, the chapter then outlines the arguments, methods, objectives, and plans of the book.
The Transformation of African Constitutionalism
Authors: Gebeye Berihun Adugna
Published: August 2021

This chapter investigates how legal syncretism as a process can explain the African constitutional transformations and developments from precolonial times to the present. Through the lens of legal syncretism, the chapter explores and examines the idea and practice of constitutionalism in precolonial Africa, traces the transformation of precolonial constitutionalism brought about by the introduction of colonial constitutionalism, and shows how postcolonial constitutionalism builds on, and departs from, the previous constitutional systems. This investigation illustrates how the encounters and interactions between international law, colonial law, indigenous constitutional systems, and the liberal constitutional norms that have been prevalent since the late nineteenth century have all contributed to the establishment of the territorial, political, and theoretical contours of African constitutionalism.
Federalism
Authors: Gebeye Berihun Adugna
Published: August 2021

This chapter demonstrates—using Nigeria, Ethiopia, and South Africa as comparative case studies—how federalism in Africa shares the forms, structures, and discursive practices of classic federal theory, while, at the same time, it also differs from classic federal theory in its normative articulations and institutional frameworks due to its syncretic configurations. To identify and illuminate the syncretic features of federalism in these countries, the chapter first presents the original logic, formation, and fundamental elements of federalism, as well as the reasons for its successes and failures, as developed in classic federal theory; explores how federalism takes new pathways—in both its original purpose and formation—in Nigeria, Ethiopia, and South Africa; and examines how the fundamental elements of federalism in these countries are a blend of syncretic convergences, adaptations, and innovations. And building on this, the chapter argues why it is necessary to rethink the classic standards for assessing the successes and failures of federalism and proceeds to discuss how this can help to improve the performance of federalism in fostering constitutional democracy in these countries. The chapter concludes by suggesting that if federalism is to ensure the practice of constitutional democracy in Africa, then democratic values, human rights, and constitutionalism should all animate its normative and institutional underpinnings of self-rule and shared rule, as they do in classic federal theory.
Women’s Constitutional Rights
Authors: Gebeye Berihun Adugna
Published: August 2021

This chapter explains how legal syncretism influences and manifests itself in the design and practice of constitutional rights—with a particular focus on women’s rights—in the constitutional systems of Nigeria, South Africa, and Ethiopia. The chapter demonstrates how the interaction between the liberal and indigenous conceptions of rights in a constitutional space produces unique regimes of women’s rights in these countries. The chapter first presents a brief theory of women’s rights as a standard of comparison and evaluation; this is done through a more general investigation of women’s rights in international law. This is then followed by a more focused discussion of women’s constitutional rights in Nigeria, South Africa, and Ethiopia. Such discussion explores the substantive content and the way in which women’s rights are constitutionalized, as well as their practical and judicial applications. The syncretic nature of women’s rights in these countries sheds some light on the importance of looking beyond the universalism versus cultural relativism debate when trying to enforce human rights in Africa.
The Future of African Constitutional Design and Practice
Authors: Gebeye Berihun Adugna
Published: August 2021

Building on the theses and analyses of the previous chapters, this chapter attempts to bring the elements of legal syncretism to the attention of future African constitutional design and practice. With this objective, the chapter discusses why African constitutional design should take sovereignty seriously and underscores why sovereignty is—and must be—an important aspect of any African constitutional theory; presents some of the major limits or shortcomings of postcolonial constitutional reforms and draws attention to possible future constitutional reform areas; and highlights the potential of some aspects of African constitutional design and practice that can mediate and operationalize the practice and application of plural constitutional values—something that future constitutional design and practice should attempt to consolidate.
Indecipherable Lostness
Authors: Morrison Benedict
Published: August 2021

This chapter explores the play with genre in Kelly Reichardt’s Meek’s Cutoff (2010), a film which troubles the relationship between many familiar signifiers of the western genre—including its mute characters—and their customary significations. The film does not simply rearrange meanings; binary Manichaeism is not replaced by an alternative ethical system, female characters do not become active narrative drivers, and the Native American character does not become heroic. Instead, meaning is complicated, as inarticulate silence disrupts the settlers’ sense of identity and the Native American becomes an inscrutable signifier for both salvation and destruction. This chapter argues that genre is used as a critical (rather than textual) apparatus for marshalling films into pre-arranged significance that relies on the seamless operation of genre signifiers. Meek’s Cutoff makes visible the complications at work in all westerns, invites a reappraisal of these eccentric films, and critiques genre as an ideological knowledge system.
Rethinking our Assumptions about Moral Status
Authors: Clarke Steve , Savulescu Julian
Published: August 2021

Recent technological developments and potential technological developments of the near future require us to try to think clearly about what it is to have moral status and about when and why we should attribute moral status to beings and entities. What should we say about the moral status of human non-human chimeras, human brain organoids, artificial intelligence, cyborgs, post-humans, and human minds that have been uploaded into a computer, or onto the internet? In this introductory chapter we survey some key assumptions ordinarily made about moral status that may require rethinking. These include the assumptions that all humans who are not severely cognitively impaired have equal moral status, that possession of the sophisticated cognitive capacities typical of human adults is necessary for full moral status, that only humans can have full moral status, and that there can be no beings with higher moral status than ordinary adult humans. We also need to consider how we should treat beings and entities when we find ourselves uncertain about their moral status.
Moral Recognition and the Limits of Impartialist Ethics
Authors: Schuklenk Udo
Published: August 2021

‘Moral status’ is simply a convenient label for ‘is owed moral consideration of a kind’. This chapter argues that we should abandon it and instead focus on the question of what kinds of dispositional capabilities, species memberships, relationships etc., constitute ethically defensible criteria that justifiably trigger particular kinds of moral obligations. Chimeras, human brain organoids, and artificial intelligence do not pose new challenges. Existing conceptual frameworks, and the criteria for moral consideration that they trigger (species membership, sentientism, personhood) are still defensible and applicable. The challenge at hand is arguably an empirical challenge that philosophers and ethicists qua philosophers and ethicists are ill equipped to handle. The challenge that needs addressing is essentially whether a self-learning AI machine, that responds exactly in the same way to a particular event as a person or sentient being would, should be treated as if it was such a person or sentient being, despite doubts about its de facto lack of dispositional capabilities that would normally give rise to such responses.
Making a Virtue of Necessity
Authors: Crès Hervé , Tvede Mich
Published: August 2021

The Pareto principle can be read as a positive hypothesis, reconciling theory with reality, or as a normative hypothesis, standing for a behavior that might be nudged or not, depending on the desirability of its consequences. The behavioral underpinnings of the Pareto principle are reviewed, together with its ethical foundations. In particular, the thesis of adaptive preferences is critically examined, and an axiomatic characterization of such preferences is proposed. Their likeliness is explored in light of the duality between persons and groups, a classic notion of theoretical sociology. Finally, a contribution to the reflection on group agency and corporate social responsibility is provided. It is argued that environmental and social responsibility can emerge from collective decision-making of selfish individuals depending on the governance adopted.
Authoritarianism and the Evolution of West European Electoral Politics
Authors: Tillman Erik R.
Published: August 2021

The book provides a novel explanation of rising Euroscepticism and right-wing populism in Western Europe. The changing political and cultural environment of recent decades is generating an ongoing realignment of voters structured by authoritarianism, which is a psychological disposition towards the maintenance of social cohesion and order at the expense of individual autonomy and diversity. High authoritarians find the values and demographic changes of the past several decades a threat to social cohesion, which has created an opportunity for populist radical right (PRR) parties to gain their support by campaigning against these perceived threats to national community posed by immigration, values change, and European integration. The result is a worldview evolution in which party conflict is shaped by the rival preferences of high and low authoritarians. Drawing on national and cross-national survey data as well as an original survey experiment, this book demonstrates how the relationship between authoritarianism and (1) attitudes towards the EU and (2) voting behaviour has evolved since the 1990s. In doing so, this book advances these literatures by providing an explanation for why certain voters are shifting towards PRR parties as electoral politics realigns.
The Evolving Relationship between Authoritarianism and EU Attitudes
Authors: Tillman Erik R.
Published: August 2021

This chapter examines the evolving relationship between authoritarianism and EU attitudes from the early 1990s until 2017. Up until the early 1990s, EU attitudes were structured primarily by economic concerns. The economic ‘winners’ of European integration (e.g. professionals) supported the EU more than the ‘losers’ (e.g. unskilled workers). With the debate over the EU centred increasingly on socio-cultural issues, the structure of EU attitudes has shifted—activating the perception of threat among high authoritarians. In the 1990s, there is no relationship between authoritarianism and EU attitudes, but a negative relationship emerges in the twenty-first century. Moreover, this relationship is stronger in those countries that had more national-level party conflict over the EU. Because this conflict resulted from the emergence of anti-EU parties, this result indicates that high authoritarians became more likely to oppose the EU in those countries where Eurosceptical parties were more successful in advancing the message that the EU threatens national community. These results suggest that the evolution of EU attitudes reflects the growing perception of threat to national community and sovereignty—and this evolution has been strongest where Eurosceptical political elites have been more influential.
Genre and Extravagance
Authors: Rasula Jed
Published: August 2021

This chapter outlines the theme running through the book as a whole: hybrid form and extravagant execution of narrative designs have accompanied the novel throughout its history. The canonical “great novels” have therefore been exceptions to any presumed rule that would define the parameters of the novel as genre. These exceptions equivocate between history and fiction, fantasy and reality, and by so doing establish the sui generis as a paradoxically normative venture within the literary domain of the novel. As a relatively late development in literary history, the novel lacks the defining parameters set out for other genres in antiquity. It has therefore thrived by assimilating material from any and all other genres, blending them into hybrid examples that become canonical by being unrepeatable.
Textual Indigence in the Archive
Authors: Rasula Jed
Published: August 2021

Beginning with a profile of encyclopedic aspirations in Don DeLillo’s novel Underworld, this chapter extends the analysis through Moby-Dick by Herman Melville and The Magic Mountain by Thomas Mann. These are among numerous instances of cultural and intellectual audacity characterized as the encyclopedic novel after the publication of Gravity’s Rainbow by Thomas Pynchon. The analysis expands by recounting the history of the encyclopedia as a form emerging from the earlier genre of the anatomy. This legacy, pioneering the cross-referencing system familiar from reference works in general, is now thoroughly integrated into our computational search engines. The novels characterized as encyclopedic, however, turn out to resist the sense of instantaneity and rapidity evident in digital platforms, going so far as to find value in indigence, revealed as the art of non-compliance with compulsory forms of “progress.”
Vessels of Consciousness
Authors: Rasula Jed
Published: August 2021

The modern turn to psychological inwardness in the novel has often been discussed with reference to William James’s phrase, “vessel of consciousness.” Much of this chapter concerns his brother, Henry James, and his theorization of perspectivally delimited states of consciousness as a primary medium for the novel. James’s theories make a point of gendering this delimitation, claiming that female consciousness, historically constrained by lack of access to masculine vocations, actually possesses an awareness of the world advantageously enlarged by the exercise of imagination. James’s theory is placed against the backdrop of the novel’s gradual turn from epistemological to psychological veracity, from chronicling the material and social world to anatomizing the vicissitudes of consciousness as such—a transition from “character” to “psychology,” a transition made evident in Stendhal’s novel The Red and the Black. Once the twentieth-century novel establishes the vessel of consciousness as a primary component of its generic toolkit, the fragility of the vessel became apparent, and a technical gain in verisimilitude (refinement of character psychology) turned out to be discordant with the generically contracted principle of reality in previous fiction. The vessel of consciousness could no longer be confined to the novel itself, but became contingent on the participatory immersion of the reader’s consciousness as well.
Ruminant Curiosity
Authors: Rasula Jed
Published: August 2021

The two subjects of this chapter are writers of German who did not live in Germany: Franz Kafka and W. G. Sebald (a self-proclaimed devotee of Kafka). Kafka’s fiction has achieved the distinction of having generated a category that far exceeds its literary basis: the “Kafkaesque.” Maurice Blanchot’s theoretical investigations of literature in its ontological foundation is consistently worked out with reference to Kafka, under the telling phrase “literature and the right to death.” Perspectives by other theorists (Adorno, Benjamin, Deleuze and Guattari, Calasso) help refine Blanchot’s case, revealing that the “seasickness on dry land” of Kafka’s work takes on a life of its own apart from any particular work—precisely enabling the Kafkaesque to escape or exceed the thematic parameters articulated by the writer Kafka. Sebald then become the carrier of this viral affliction, portraying himself in peregrinations that hover indeterminately amidst various genres, from the premodern anatomy to the postmodern essayism evident in his Rings of Saturn. Sebald, like so many before him, finds that the engagement with history (World War Two and the Holocaust in his case) can only be truly undertaken by fictive means.
Nietzsche in the Nursery
Authors: Rasula Jed
Published: August 2021

The concluding chapter addresses ways in which the novel as genre has provoked and stimulated cognate activities outside its normative parameters as literary genre. These are registered most recently in the exorbitant rise of the “graphic novel.” This chapter goes back more than half a century to an earlier graphic format, the comic book, particularly the transformational treatment of novels in the Classics Illustrated publishing series from 1941 into the 1960s. The focus is on debates about mass culture in the Cold War setting of congressional committee investigations of juvenile delinquency and the comic book craze. A conspicuous feature of cultural preoccupations was with the status of the classic, on the one hand (epitomized in the Great Books publishing enterprise), and lowbrow dissemination of existing “classics” in comic book format. A full-scale assault on comics by psychiatrist Fredric Wertham was instrumental in chastening the industry into self-censorship. Ironically, the pedagogic claims behind Classics Illustrated were highlighted as a threat to the supposedly innocent “mind of the child,” revealing an abiding split between the cultural eminence accorded the classic and the aptitude of the target audience. The audience as consumer had been the commercial engine behind the rise of the novel, but the specter of the innocent child now conflated cultural symbolism with political agendas. We’ve inherited the trauma of that moment in the form of “political correctness” and “cancel culture,” with old (and new) novels continuing to be singled out as affronts to public decency, malignant records of bygone traumas, or obstreperous reminders of an imaginative fertility in the human imagination that won’t go away.
Introduction
Authors: Dingwall Joanna
Published: August 2021

The introduction provides an initial account of the deep seabed beyond national jurisdiction and its mineral resources, addressing the impetus towards commercialisation of this area and the increasing role of private corporations therein. It offers a summary of the key features of the deep seabed mining regime in the United Nations Convention on the Law of the Sea (UNCLOS). It introduces the important role of the International Seabed Authority (ISA) within the UNCLOS regime as custodian, regulator and enforcer, including through development of the Mining Code. The introduction explains the purposes of the study and provides an outline of its scope. It addresses the reasons why the success or otherwise of private-sector involvement may have some bearing on the future feasibility of the deep seabed mining industry and the implications that this may have for the common heritage.
The Deep Seabed beyond National Jurisdiction and the Rise of Mining Activities within it by Non-state Actors
Authors: Dingwall Joanna
Published: August 2021

Chapter 2 addresses the importance of the deep seabed beyond national jurisdiction and charts the rise in mining activities within it, drawing on scientific, geological and technological analysis, where appropriate, to place deep seabed mining in its broader context. In order to do so, Chapter 2 assesses the scope of the deep seabed beyond national jurisdiction (in contrast to the maritime zones under national jurisdiction, including the continental shelf). The chapter then examines the types of mineral resources that the deep seabed contains (including the potential for rare earth elements). Thereafter, the chapter explores the likely viability of deep seabed mining, both in terms of its impact on the marine environment, and in light of technological challenges and market prospects. Chapter 2 also provides an overview of the current extent of mining activities authorised by the International Seabed Authority (ISA).
Does the Regime Secure the Common Heritage’s Benefit-sharing and Marine Environmental Protection Components?
Authors: Dingwall Joanna
Published: August 2021

Chapter 6 considers whether the continuing development by the International Seabed Authority (ISA) of the regulatory framework for deep seabed mining beyond national jurisdiction is on course to secure the common heritage’s main material components of benefit sharing and marine environmental protection, in the face of increasing corporate activity. It addresses the emerging regulatory regime provided in the Draft Exploitation Regulations in relation to the planned payment mechanism and the protection of the marine environment. As Chapter 6 explains, a key measure of the regime’s ability to secure the common heritage in these respects will be the extent to which it retains regulatory flexibility to adapt to new challenges. Chapter 6 also considers the existing framework for implementation, responsibility and enforcement, as underpinned by binding dispute resolution options. It concludes by assessing the position of corporate actors in terms of each of these aspects, as robust implementation options will be vital for achievement of the common heritage.
Epistemic Intuition and Disagreement
Authors: Bergmann Michael
Published: August 2021

This chapter examines skeptical objections to epistemic intuition that are based on disagreement. Section 1 distinguishes internal from external rationality in order to facilitate our understanding and analysis of the epistemology of disagreement. Section 2 lays out a variety of kinds of disagreement with respect to epistemic intuition. Section 3 explains why disagreement gives rise to a defeater in cases where it is not rational to view the one disagreeing with you as a person with worse evidence than you or as a person who is worse than you at responding well to evidence. Section 4 considers, in light of the previous sections, whether the intuitionist particularist anti-skeptic’s beliefs based on epistemic intuition can withstand disagreement-based skeptical objections in a way that is compatible with the requirements of intellectual humility. Section 5 works through the implications of disagreement about the proposed response (in Section 4) to disagreement about epistemic intuition.
Differential object marking in Modern Romanian
Authors: Hill Virginia , Mardale Alexandru
Published: August 2021

Chapter 4 focuses on DOM in Modern Romanian, for both direct and indirect objects. The data are organized according to the type of DOM mechanisms, with separate sections for CD, DOM-p, and CD+DOM-p. The pragmatic effects noticed for Old Romanian DOM are re-assessed, considering that the contrasting interpretation of CD versus DOM-p is neutralized. The major changes concern the loss of CD with direct objects and its recycling in conjunction with DOM-p. While DOM-p declines and becomes more specialized for the end of the specificity scale, CD+DOM-p turns into the default option for DOM with direct objects, as opposed to CD, which becomes the default option for DOM with indirect objects. Increased productivity for CD+DOM-p coincides with the parallel expansion of Clitic Left Dislocation in the language, which completely replaces the constituent fronting through Topicalization.
A formal approach to Romanian DOM
Authors: Hill Virginia , Mardale Alexandru
Published: August 2021

Chapter 7 adopts a cartographic representation of nominal phrases that provides the basis on which a formal analysis is developed for Romanian DOM. The gist is that the triggers for DOM operate within the nominal domain in Romanian (as in Sardinian and unlike Spanish), which accounts for the insensitivity of Romanian verbs to marked versus unmarked direct objects in the derivation of verb argument structures. Any additional processing of the DOM-ed DP on the verb spine responds to side-effect requirements for feature checking (e.g., the secondary licensing in Irimia 2019). This is in contrast with Spanish DOM, where the main trigger for DOM is merged on the verb spine, and it acts as a probe for a certain type of DP (i.e., those with an extra-layer at the left periphery).
Introduction
Authors: Posner Eric A.
Published: August 2021

Antitrust law has very rarely been used by workers to challenge anticompetitive employment practices. Yet recent empirical research shows that labor markets are highly concentrated and that employers engage in practices that harm competition and suppress wages. These practices include no-poaching agreements, wage-fixing, mergers, covenants not to compete, and misclassification of gig workers as independent contractors. This failure of antitrust is due to a range of other failures—intellectual, political, moral, and economic. Until recently, economists assumed that labor markets are usually competitive when in fact recent studies reveal that they are usually not competitive. Commentators and politicians also seems to have assumed—falsely—that employment and labor law adequately addresses inequality of bargaining power and the resulting risk of wage suppression. The impact of this failure has been profound for wage levels, economic growth, and inequality.
Labor Monopsony in the United States
Authors: Posner Eric A.
Published: August 2021

Most labor markets are monopsonistic, meaning that employers have market power and can suppress wages below the competitive rate. Among the various sources of market power is concentration: the usually small number of employers who compete to offer a type of job to workers. At one time, economists assumed that labor markets were competitive, and largely ignored the phenomenon of labor market concentration. Recent empirical work, relying on newly available databases, has established that labor market concentration is a serious problem in the United States and may account for a wide range of pathologies, including low wages, inequality, and stagnant economic growth.
Noncompetes
Authors: Posner Eric A.
Published: August 2021

Employee covenants not to compete, which bar workers who leave their jobs from working for a competing employer for a period of time, should be subject to heightened antitrust enforcement. While noncompetes may serve legitimate purposes, they also create entry barriers and reduce labor market competition. The threat to competition has been highlighted by new research, which suggests that employers overuse noncompetes and that noncompetes reduce labor market competition. A likely explanation is the inadequacy of the existing legal regime. Antitrust law nominally applies to noncompetes, but courts have eviscerated it by imposing an excessive burden of proof on plaintiffs who challenge noncompetes. An appropriate doctrinal framework for evaluating noncompetes under antitrust law would shift the burden of proof to employers. Employers would be permitted to rebut challenges to their noncompetes only by showing that the noncompetes raise wages for their own workers and workers in the broader labor market.
The Gig Economy and Independent Contractors
Authors: Posner Eric A.
Published: August 2021

In recent years, a controversy has erupted over the distinction between employees and independent contractors. Commentators have argued that in the modern “gig economy,” many people traditionally classified as independent contractors are as vulnerable as employees and should be granted the legal protections that employees alone normally enjoy. However, the distinction between the two categories remains inescapable, and the theoretical basis for it has not been identified. A better approach derives the distinction from market structure. Employees are workers who, because they must make relationship-specific investments in a single firm, are subject to labor monopsony. Independent contractors do not make such relationship-specific investments, and hence normally operate in a competitive labor market. Employment and labor law may be explained as a method for protecting workers from labor monopsony; because independent contracts are not subject to labor monopsony, they do not require such protection.
Conclusion
Authors: Posner Eric A.
Published: August 2021

Many people are worried about the fragmentation of labor markets, as firms replace employees with independent contractors. Another common worry is that low-skill work, and ultimately nearly all forms of work, will be replaced by robots as artificial intelligence advances. Labor market fragmentation is not a new phenomenon and can be addressed with stronger classification laws supplemented by antitrust enforcement. In fact, the gig economy has many attractive elements, and there is no reason to fear it as long as existing laws are enforced. Over the long run, artificial intelligence may replace much of the work currently performed by human beings. If it does, the appropriate response is not antitrust or employment regulation but policy that ensures the social surplus is fairly divided.
The Jewish Liturgical Music Printing Revolution
Authors: Seroussi Edwin
Published: August 2021

Orality is the hallmark of all Jewish music cultures, and most especially of their liturgical music. Orality is not simply a technique of music mnemonics and transmission among Jews through the generations; it became, as Judit Frigyesi puts it, an aesthetical ideal, and this principle applies not only to the East European Jewish traditions studied by her but to all Jewish traditions....
“Fit to Sacrifice on the Altar of Print”
Authors: Nizri Yigal S.
Published: August 2021

In an approbation letter to Minḥat Yehudah, a volume of exegetical texts, sermons, and commentary on rabbinic texts written by R. Yehudah ibn Danan (1875–1961) of Fes, signed on 11 Elul 5695 (9 September 1935) by the tribunal rabbinique of Fes,1 Matityahu Siriro, Aharon Abutbul, and Moshe ibn Danan wrote the following:...
Tal Dekel, Transnational Identities: Women, Art, and Migration in Contemporary Israel. Detroit: Wayne State University Press, 2016. 171 pp.
Authors: Dekel Tal
Published: August 2021

Transitional Identities: Women, Art and Migration in Contemporary Israel, translated from the original Hebrew (the name of the translator is not given), focuses on the experiences of three different groups of migrant women artists living in Israel. Dekel, who herself migrated to Israel as a 12-year-old from the United States, is interested in the double perspective that immigrants bring to their lives in the new country: both as outsider and insider, Israeli and/or “other.” Dekel, who lectures both in the department of art history and in the women and gender studies program at Tel Aviv University, has a particular interest in gender and transnationalism in contemporary art and visual culture. Her first book, ...
Social Science Biases and Collective Knowledge
Authors: Grossmann Matt
Published: August 2021

Understanding, investigating, and adapting to the biases inherent in social science research is the best path toward accumulating and advancing social science knowledge. Social science faces many categories of bias, from those stemming from unrepresentative researcher demographics to those based on research practices and incentives. Each has implications for research practices, but none makes social science impossible. Scholars face inherent challenges larger than those of natural scientists, with more disagreement on the most important biases to address and the kinds of research necessary to do so. But there are important advances in scholars’ self-understanding that can serve as the basis for our future progress.
The Quiet Resolution of the Science Wars
Authors: Grossmann Matt
Published: August 2021

The “science wars” were resolved surprisingly quietly. Throughout the 1980s and 1990s, critics of science from humanities disciplines fought with scientists over the extent to which science is a social and biased process or a path to truth. Today, there are few absolute relativists or adherents of scientific purity and far more acknowledgment that science involves biased truth-seeking. Continuing (but less vicious) wars over Bayesian and frequentist statistics likewise ignore some key agreements: tests of scientific claims require clarifying assumptions and some way to account for confirmation bias, either by building it into the model or by establishing more severe tests for the sufficiency of evidence. This sedation was accompanied by shifts within social science disciplines. Debates over both simplistic models of human nature (especially over rational choice theory) and over what constituted proper quantitative and qualitative methods died down as nearly everyone became theoretically and methodologically pluralist in practice. I herald this evolution, pointing to its benefits in the topics we cover, the ideas we consider, the evidence we generate, and how we evaluate and integrate our knowledge.
Me-Search All the Way Down
Authors: Grossmann Matt
Published: August 2021

The most commonly cited distinct difficulty of social science compared to science in general is that researchers are studying ourselves. But most thinkers have evolved toward a contemporary scientific realism on this point: there are biases, but they can be managed with close attention. Beyond perennial difficulties of self-knowledge, scholars tend to study their own time period, countries, and social groups, introducing additional biases while enabling research on how they affect our questions, methods, and interpretations. This often leads to accusations of “me-search,” especially by underrepresented minorities. But many of the same considerations that drive those critiques and their responses apply to scholars studying their own countries and time periods, and to all of us studying our own species. I argue that the successful history of racial and gender studies shows that progress requires acknowledgment of biases and diversification of viewpoints.
Multiple Levels of Analysis and Time Scales
Authors: Grossmann Matt
Published: August 2021

Explanations for human behavior often involve factors operating at multiple levels of analysis (from individuals to organizations to nations) and across different time scales (immediate, developmental, and evolutionary). Continuing debates over methodological individualism within the social sciences ignore the growing consensus within philosophy of social science that influences on social life are present across individual and collective units, each with influential histories. Even if models of individual interaction offer useful templates, they do not imply that any social process started anew at any particular point in time or that individuals created social structures without being influenced by prior institutions. Using a comparison of traffic and weather, I find that these difficulties are no worse for social than natural science, once we welcome both simple patterns and complex multilevel processes. In both cases, much progress is made simply through observational generalization and many complaints involve our ability to change the world, not understand it.
Popularization and Consilience
Authors: Grossmann Matt
Published: August 2021

Social science makes its way into public debate, raising concerns about publicity-seeking scholarship but also opening up potential benefits for engagement across disciplines and society. Social science debates are no longer, if they ever were, confined to universities and obscure journals; they are now central parts of popular media and political debate. Associated scholarly motivations for public influence drive research, then popular discussion of research findings feeds back into scholarship. The increasing role of media attention, popular nonfiction, and think tanks changes the incentives and the practices of social scientists. Popularized scholarship not only (mis)informs the public and policymakers, but also shapes interdisciplinary debates. This enables integration by concentrating diverse minds on public concerns. Sociobiology shows that scholars with very different views of human nature have put forward popular accounts, responded to one another, and created an ongoing space for advancing knowledge.
Reasons for Cautious Optimism
Authors: Grossmann Matt
Published: August 2021

The explosion of data collection and availability, the expansion of academia and the spread of ideas, and innovations in theory and method all suggest bright days ahead for social science. Addressing human collective challenges such as climate change, poverty, and public health depends on the advance of social science. I revisit the benefits of accounting for human bias in advancing these efforts and for the further understanding of ourselves. I embrace reforms, but as pieces of a pluralist landscape rather than strictures. Descriptive inferences of generalized patterns, causal inference, and qualitative explorations will all remain important to the advance of social knowledge.