bluuebunny/crossref_metadata_2025 huggingface dataset:
Law Through an Economic Lens
Authors: Silber Norman I.
Published: December 2022

This chapter explores Guido’s initial forays into Law and Economics. Deciding to pursue an academic career, Guido joined the faculty of Yale Law School in fall 1959. He resumed his earlier investigations of the interplay between law and economics, with special attention to tort law; his first major article, “Some Thoughts about Risk Distribution and the Law of Torts” (1960) quickly became a controversial and significant contribution to the field. Along with work by Ronald Coase that pointed in a similar direction, Guido’s approach fostered greater appreciation than ever before for the interrelationship between economic theory, lawmaking, and judicial decision making. Over the following decades he explored a wide range of law and policy through his chosen lens, explaining how tort law both shaped and reflected assumptions about economic welfare and the imperatives of social justice. His first two books, The Cost of Accidents (1970) and Tragic Choices (1978); and his many articles, especially “Property Rules, Liability Rules, and Inalienability: One View of the Cathedral” (1972), discussed in the next chapter, established his stature and helped to define the nature of early Law and Economics.
Deep Structures in the Law
Authors: Silber Norman I.
Published: December 2022

Guido talks about the development of his ideas concerning property rules, liability rules, and entitlements, and their exposition in the classic article Property Rules, Liability Rules, and Inalienability: One View of the Cathedral. Finding logical consistencies in apparently unrelated phenomena is prized in every discipline. In law, the systematizers and model builders have been especially admired. Wesley Newcomb Hohfeld, for example, constructed models that clarified ambiguous aspects of legal rhetoric; Karl Lewellyn located common purposes in disparate parts of contract law; Herbert Wechsler identified gradients of criminal culpability; H.L.A. Hart identified elemental rules for legal systems; and Grant Gilmore created a common vocabulary to rationalize hundreds of previously discrete commercial transactions. In a comparably synthetic fashion, Guido, together with Douglas Melamed, modeled legal entitlements and investigated their correspondence with remedies and liability rules, which might be employed to protect them. The resulting schema pointed to previously underappreciated moral and logical correspondences that would be investigated by others in hundreds of journal articles that would themselves undergird decisions in tort law, property law, contract law, and other fields.
Subterfuges and Tragic Choices
Authors: Silber Norman I.
Published: December 2022

In 1978, Guido and Philip Bobbitt published Tragic Choices, a book investigating why and how societies including the United States reject market pricing mechanisms to address many agonizing “life-or-death” problems, and instead use special entities and non-market legal norms to allocate extraordinary privileges or obligations. The definition of which choices are “tragic” was imprecise by design, but the authors explored several: control over access to a limited number of life-saving kidney dialysis machines; control over the obligation to enter life-threatening military service in wartime; and control over the ability of some but not others to procreate. The book shows how inadequate is even the modified market approach to such crises. As part of the analysis, Calabresi and Bobbitt explored the advantages and disadvantages to using traditional markets, nontraditional markets, political agencies, lotteries, and other methods for these and resource allocations. Tragic Choices eschewed assumptions about the superiority of pure markets in matters of life or death, and favored approaches that would try to promote efficiency, reduce tragedies, embrace egalitarian values, and handle the irreducible minimum of tragedy humanely. The book emphasized that these objectives could not be completely satisfied simultaneously—and that the correct communication of difficult decisions sometimes required the deployment of rhetoric, opaqueness, and “subterfuge.” Some readers discerned despair and dishonesty in this approach: one reviewer asserted that “much of the time, the book gives the impression that … it is about not how societies cope with tragic choices but how they attempt to deny their existence.”
Hydrocarbon Citizens
Authors: Mazaheri Nimah
Published: December 2022

Hydrocarbon Citizens tells the story of how the discovery of oil has transformed politics and societies in the Middle East. It argues that the creation of oil-dependent economies gave birth to a new type of citizen in the region: the “hydrocarbon citizen.” These citizens hold attitudes, values, and beliefs about their governments and national politics that are very different from what is observed among citizens in the countries that do not produce oil. Hydrocarbon citizens are more likely to view their governments as highly effective, generous, helpful, and responsive to the needs of society. They also tend to be more skeptical about the merits of democracy and more likely to believe that democratic governments are ineffective, unstable, and full of problems. These arguments and findings are explored through rich histories of Middle Eastern countries, in-depth analysis of public opinion data, and original surveys from Saudi Arabia and the United Arab Emirates. Hydrocarbon Citizens challenges the understanding of the puzzling “resource curse” observation that paradoxically links oil wealth to negative outcomes for nations. It provides a new way of thinking about contemporary politics and society in the Middle East, a region currently defined by upheaval and reinvigorated authoritarianism.
Introduction
Authors: Mazaheri Nimah
Published: December 2022

The Middle East is a region defined by the word “oil.” Although oil has helped to facilitate many positive outcomes, such as economic development, better infrastructure, and generous public services, it is also linked to negative outcomes like autocracy, corruption, and conflict. Scholars describe this as the “resource curse” phenomenon. While most of the research on the resource curse centers on leaders, national economies, and elites, the role played by ordinary citizens is generally ignored. This introductory chapter gives an overview of the book’s theory about how oil has transformed the attitudes, values, and beliefs of Middle Eastern citizens regarding their government and national politics. It provides a road map of the book and outlines the main findings.
A Gush of Oil and a Trickle
Authors: Mazaheri Nimah
Published: December 2022

Citizens of the United Arab Emirates (UAE) tend to hold exceptionally positive attitudes about their government’s performance across economic, social, and oil-related policy areas. These findings emerge from an original survey of 550 Emiratis in 2018. However, the influence of age and education play a different role among Emiratis than among Saudi Arabians. Emiratis’ attitudes are also influenced by their occupation: government ministry employees tend to hold more positive attitudes about government performance compared to non-ministry employees. Subnational variation in attitudes occurs, which is explained by the country’s federal political structure and regional economic disparities. Patterns in public opinion in Jordan, an oil-poor country with a large public sector, contrasts with what is found in the Middle East’s oil-rich states. Jordanian government employees hold attitudes about their government’s performance that are no different from other occupational groups or are uniformly negative.
Muddling Through
Authors: Berman Greg , Fox Aubrey
Published: December 2022

Chapter 1, “Muddling Through,” addresses the widely held perception that the political polarization has crippled American government and resulted in endless congressional gridlock in Washington. The chapter argues that Congress, while by no means perfect, continues to work more or less as it always has. This is no accident: the founders of American democracy deliberately created a system of government with multiple veto points and checks and balances. This design makes radical change difficult to achieve. Nevertheless, under the radar, Congress still routinely passes important legislation. And contrary to conventional wisdom, it often does so on a bipartisan basis, with support from both Democrats and Republicans.
The Practitioner Veto
Authors: Berman Greg , Fox Aubrey
Published: December 2022

Chapter 2, “The Practitioner Veto,” examines the belief that electoral victories can be easily translated into changes in government practice on the ground. The reality is more complicated. As President Trump discovered to his chagrin, there is an underappreciated brake on even the most powerful of elected officials: government workers are not automatons. They can and will subvert new programs and new policies that have been imposed on them without their consent. Public policy comes down to implementation. And implementation on the ground is almost always more complicated than it seems. Even the best, most well-written laws, are not foolproof. The real-world challenges of implementation will almost always end up tilting government away from radical change and toward incrementalism.
What the Public Wants
Authors: Berman Greg , Fox Aubrey
Published: December 2022

Chapter 3, “What the Public Wants,” takes on the claim, often made by advocates on both sides of the political aisle, that the American public is hungering for bold change. The chapter makes the case that social media, and Twitter in particular, sends misleading signals about public opinion, heightening the influence of “conflict entrepreneurs” on both the left and the right. There is often a significant gap between elite views, which are disproportionately represented on Twitter, and the views of the general public. Reviewing the data from dozens of public opinion polls, including one commissioned specifically for this book, the authors come to the conclusion that there is little evidence of public support for the transformation of American government or society. In general, the American public is more interested in incremental reform than in radical change. Encouragingly, while certain kinds of political polarization have increased in recent years, there is nonetheless fairly broad public support for a range of substantive reforms that have the potential, if enacted, to address important social problems.
Ratchet Down or Ramp Up?
Authors: Corn Geoffrey S.
Published: December 2022

An especially perplexing issues in international legal regulation of non-international armed conflict is the relationship between international humanitarian law (IHL) and international human rights law (IHRL). While most experts and states now recognize the complementary applicability of these two branches of law, translating this complementarity to operational practice remains difficult. This is exacerbated by characterization of military operations against transnational non-state organized armed groups transnationally. The challenge is most significant regarding authority to employ force. Neither body of law provides an ideal solution to this question in operations against non-state groups. On one hand, IHL provides expansive authority under status-based targeting, but in many situations this is too permissive. On the other hand, IHRL relies on more restrictive conduct-based targeting, but this can be ineffective in some cases in meeting a threat. This chapter asks whether operational practice has provided a practical response to this challenge. It suggests that the common practice of restricting IHL with rules of engagement that reflect IHRL principles indicates that outside the context of inter-state hostilities, IHRL provides the operational default use of force setting. This “setting” is subject to mission-specific expansion pursuant to international humanitarian law principles, but should be understood as more of a legal obligation than a purely policy-based constraint on conduct of hostilities authority.
Human Rights Law as an Alternative to Jus in Bello
Authors: Fuller Christopher J.
Published: December 2022

This chapter addresses the United Kingdom’s adoption of targeted killing by drone strike as a counterterrorism policy. It compares the domestic costs of America’s application of a war paradigm in its counterterrorism efforts over the past two decades to the United Kingdom’s less disruptive retention of a crime paradigm, before demonstrating the ways in which the British government has gradually adopting aspects of America’s approach, including a reliance upon the laws of war to justify lethal action against terrorist targets abroad. The chapter then challenges this shift toward a war paradigm to defend the UK homeland by urging that Britain retain its recognition of terrorists as criminals not combatants, instead utilizing human rights law, in particular Article 6 of the International Covenant on Civil and Political Rights and Article 2 of the European Convention on Human Rights, to provide an adequate and less domestically fractious model for the application of lethal force when absolutely necessary against terrorists plotting imminent attacks from foreign safe havens.
Finding Peace in the Law of War
Authors: Brown Bailey
Published: December 2022

As the United States navigates what appear to be the closing stages of operations in Iraq and Afghanistan and continues to support domestic counterinsurgency forces in conflict zones, it becomes increasingly important to consider when the lex specialis recedes and domestic civil law, the lex generalis, becomes the governing jurisprudence. This chapter examines whether these standards that define the start of armed conflict, such as in Article 2 of the 1949 Geneva Conventions and the standard expressed in the case of Prosecutor v. Tadic, from the International Criminal Tribunal for the Former Yugoslavia, simply can be reversed to define the end of the law of armed conflict (LOAC) and a return to civil law. The chapter concludes that they do not, in the inverse, define the conditions for transition from the law of war to the law of peace. Next, the chapter examines experiences from two recent armed conflicts to derive from them insights into the transition to civil law. Afghanistan’s and Columbia’s ongoing difficulties with the transition to peacetime law provide informative case studies and offer potential policy factors that may contribute to the success, or failure, of policy framework supportive of successful transition to civil law. Examination of these two countries will show that LOAC and civil law can apply simultaneously, with separate legal regimes supporting efforts gradually to reduce armed conflict and to encourage civil order. These examples show that a return to peacetime law depends on multiple legal, practical, and political factors.
Counting the Ripples
Authors: Seamone Evan R.
Published: December 2022

In an inherently global economy, increasing virtual and physical attacks on the hubs of international trade and commerce raise questions of a state’s jurisdiction to prosecute non-state actors when only the indirect impact of a terrorist attack has traveled across borders. Non-state actors who seek engagement with foreign forces often conduct terrorist attacks in their own jurisdictions with the hope of implicating distant interests. While courts have rejected a principle of universal jurisdiction over terrorist acts, American jurists have recognized and applied the protective (or “security”) principle as a more viable customary international law of criminal jurisdiction. Among other elements, the principle permits a state to punish a “limited class of offenses committed outside its territory by persons who are not its nationals” when the crimes are “directed against the security of the state or other offenses threatening the integrity of governmental functions.” American courts have adopted this principle when attacks “were intended to affect the United States and to alter its foreign policy.” This chapter examines the manner in which courts have essentially counted the ripple effects of offenses sufficient to meet the threshold requirements for the effective assertion of the protective principle.
US Military Prosecutions during Non-International Armed Conflict
Authors: Jenks Chris
Published: December 2022

Through the enactment of the Uniform Code of Military Justice (UCMJ) following World War II, the US codified a requirement that the military was required to prosecute captured enemy belligerents through a process identical in all but name to that used to prosecute its own service members. This equivalency requirement was conditioned on a presidential determination of practicability. Following the September 11 terrorist attacks, President George W. Bush determined the equivalency requirement was not practicable, thus diverging internal and external prosecutions. Internal prosecution refers to the United States prosecuting its own service members at a court-martial for wartime misconduct, which violates the UCMJ. External prosecution refers to the United States prosecuting enemy belligerents at a military commission for wartime misconduct, which violates the Military Commissions Act of 2009. This chapter compares how the US military has conducted internal versus external military prosecutions over the last twenty years. Ultimately, this chapter concludes that while removing the equivalency requirement has not yet yielded maximum disparities between external and internal prosecutions, relying solely on individual discretion for punishment is ill-advised.
Conclusion
Authors: Ohlin Jens David , Regan Mitt
Published: December 2022

The chapters in this volume describe how states might respond to organized non-state violence by drawing on elements of the paradigms of crime and war, rather than confining themselves to an absolute commitment to one paradigm. This has the potential to calibrate state responses more sensitively to specific contexts in which relying on either paradigm alone would be problematic. At the same time, the move from a categorical to a contextual approach raises the question of how to discipline state flexibility and limit its abuse. This issue underscores the need for a principled contextualism that relies on the underlying values and assumptions of each paradigm as the basis for determining which features should be combined in a given setting. Decision makers might also proceed in a principled fashion by using presumptions to structure decisions, relying on policy that is more restrictive than available legal permissions, or remaining within the crime paradigm while interpreting its requirements more expansively than in ordinary law enforcement operations. These and other approaches may provide assurances that discretion remains guided by legal and moral principles in a world in which the prominence of hostilities with non-state organized armed groups strains the boundaries of a legal framework established with different forms of violence in mind.
Pressure as Propaganda
Authors: Gruffydd-Jones Jamie J.
Published: December 2022

This chapter investigates how Chinese state and commercial media has historically dealt with international condemnation of human rights in the country, from Mao’s 1959 crackdown in Tibet, through the Tiananmen Square crackdown, to its aftermath of sanctions and UN resolutions in the 1990s and 2000s. The chapter shows the dilemmas of foreign pressure. State media has heavily censored external condemnation immediately after major instances of repression but reported it to a surprising degree and level of detail at other times, framing it as an attack on China from hostile and hypocritical rivals. The chapter illustrates how authorities’ censorship and rhetoric in response to pressure developed over time, as they became used to periodic condemnation from the international community.
Pressure in Real Time
Authors: Gruffydd-Jones Jamie J.
Published: December 2022

This chapter uses the convenient implementation of a China-wide survey around the time of President Obama’s widely broadcast meeting with the Dalai Lama in 2011 to explore how real-life instances of international pressure—official meetings with dissidents have been common ways of putting pressure on dictators since the Cold War—affect people’s beliefs about their country’s respect for human rights and democracy. In the aftermath of the meeting, patriotic Chinese people were significantly more likely to believe that their country was democratically ruled and that it had freedom of speech and a better economy. The chapter shows that by widely publicizing the international community’s activism over their country’s human rights, authoritarian governments can successfully strengthen public support for their rule.
Precedents in Earlier Roman Poetry
Authors: Freudenburg Kirk
Published: December 2022

This chapter begins by looking at the visual rhetoric of Lucretius, whose Epicurean agenda in the De rerum natura essentially required him to produce proofs of a visual kind. The visual practices of the De rerum natura help contextualize and make sense of Virgil’s own highly crafted manipulation of vision in the Aeneid. Numerous connections are drawn between the visual rhetoric of individual passages from one epic to the next, especially in the matter of “zoom” effects that are put into play by both authors, and the ways that spatial “highs” and “lows” are encoded by both to tell stories about perspective and power. The chapter concludes with a close visual reading of Aeneas’ account of the sack of Troy in book 2 of the Aeneid, where the standard vertical codes are deliberately criss-crossed in order to produce strong effects of helplessness and pathos, as well as to figure the events taking place as flipped versions of things remembered from Homer.
Imagery as Understory
Authors: Freudenburg Kirk
Published: December 2022

This chapter visits one of the less-traveled corners of the Aeneid, providing a full-scale visual analysis of the magnificent feast that Dido lays out for Aeneas near the end of Aeneid book 1. Covering more than sixty lines at the end of the epic’s first book, the feast is rich in visual details, but it does not seem to “do” much, qua finale, other than set a dazzling backdrop for the story-telling of book 2. Here it is argued that the visual details are not mere decorations: they are what happens at the feast. Taken for the darker images they evoke, the visuals of the feast tell a story of their own that runs counter to the glossy surface that they create. Demonstrating this is the main project of the chapter, but in the process of making these demonstrations the chapter includes a related study of the feast’s realization in visible form over time, by artists who represented the scene in their own ways, for their own purposes. The study of these images makes clear that no two artists have ever “seen” Virgil’s story in anything like the same way; that no matter how rich and detailed this text is in what it gives us to see, most of what we end up visualizing “from” the text is the product of our own imaginations: artwork of our own conjuring, made for our own purposes, in collaboration with Virgil’s text.
Imagery as Counternarrative in the Death of Camilla
Authors: Freudenburg Kirk
Published: December 2022

This chapter studies the narrative function of brightly colored objects and clothing in the death of Camilla near the end of Aeneid 11. Through a careful analysis of the “death throes” passage, it is argued that here again we are being cued to imagine our way forward with Camilla, invited to feel what she feels by taking things in through her eyes. The emphasis on bright clothing and flashes of color takes readers into the world of her desires, and it lets us see how her story is spun from both that of Penthesilea, the Amazon whom she resembles, and that of Penthesilea’s killer, Achilles. In the course of the chapter’s visual analysis, it is demonstrated that the imagery of Camilla’s death runs counter to the fact of her death by evoking all the happiest moments of a life that the young girl might have lived, but never had the chance to live. These moments are sequentialized inside the visual narrative of her death. But why, and to what end? The chapter ends by emphasizing the importance of such findings both here, in Camilla’s particular case, and throughout the Aeneid more generally. By criss-crossing messages and building such complexity into his characters and their stories, Virgil enacts the poem’s capacity to scrutinize Roman readers by showing them the personal investments that they must make in order to decide the undecidable, and to make the Aeneid mean whatever they take it to mean.
Domesticating the Sixties
Authors: Fidelis Malgorzata
Published: December 2022

By the early 1970s, the state, under the leadership of Edward Gierek, had proved successful in absorbing many elements of youth culture into the official culture, including hippie fashion, rock music, and more relaxed personal lifestyles. The state also promoted its own version of global engagement in which Poland served as the epitome of the modern socialist country, a champion of détente, open to the world and to the global market economy. For the time being, communist leaders had domesticated the sixties culture as part of “consumer socialism.” This book ends in 1974, arguably the heyday of “consumer socialism” in Poland, before the rise of the anticommunist opposition in the second half of the 1970s. Such an ending point allows us to see the collapse of communism in 1989 less as a breakthrough moment and more as a continuation and expansion of previous trends, from new cultural styles to globalization.
Residential Care Across Jurisdictions
Authors: Thoburn June
Published: December 2022

The author, a pioneer in cross-national out-of-home care surveys, enumerates pitfalls and fruitful pathways for obtaining valid and reliable data and “lessons learned” from prior research that yields meaningful cross-national child welfare comparisons. Historical, cultural, economic, and political factors are among key themes explored in influencing the context within which residential care is provided. Differing methods for determining the number of children and youth in residential services are also described.
Residential Care for Children and Youth in Ireland
Authors: Gilligan Robbie
Published: December 2022

The author describes the virtual collapse of residential care as a form of provision in the child welfare system in Ireland in response to two major factors: (1) the results of a longstanding policy intention to prioritize family placement with a new phalanx of public sector social workers and (2) a strong push for deinstitutionalization of the child welfare system accompanied by the steady withdrawal by Catholic religious orders as the main providers of residential care. Longstanding institutional abuse and neglect, including sexual abuse and inadequate monitoring, were also factors. The resultant utilization rate for residential care in out-of-home care, 6.3%, was among the lowest reported in the 16 countries surveyed in the volume. The chapter concludes with the matrix used throughout this volume, providing information about the current policy context, key trends and initiatives, characteristics of children and youth served, preparation of residential care personnel, promising programmatic innovations, and present strengths and challenges.
The CARE Program Model
Authors: Holden Martha J. , Sellers Deborah E. , Smith Elliott G.
Published: December 2022

This chapter describes the Children and Residential Experiences (CARE) program model, which challenges the notion that effective residential intervention is simply the result of an additive process, as for example in the adoption and integration of ever-greater numbers of evidence-based components. The whole is indeed seen as more than the sum of its parts. To achieve the desired outcomes, children need to have a consistent, congruent experience regardless of the individual staff member or activity. The organization itself must provide the culture, climate, and underlying philosophy that creates the motivation to engage and stay engaged even when it is difficult. Children and staff alike need to feel cared for and about, and appropriately challenged to grow, develop, and thrive.
Harnessing the Power of Families in Residential Child and Youth Care
Authors: Sweeney Millie
Published: December 2022

This chapter covers what is perhaps the most widely shared essential element in revitalization of residential care: vital and robust family engagement and ongoing partnership with families. The author shows how family engagement takes many different forms at different phases of the residential experience. At its core, family engagement envisions new partnership roles between families and staff that complement parallel efforts to bring “youth voices” to key decision-making issues in residential placement, resulting in more responsive and relevant residential service provision. This chapter highlights how family involvement in residential care can be operationalized and how the potential of families is being harnessed in residential care programs in the United States.
The Changing Character of Residential Care for Children and Youth in Spain
Authors: Bravo Amaia , Martín Eduardo , del Valle Jorge F.
Published: December 2022

This chapter details the progression of Spanish residential care through a period of civil war followed by 40 years of dictatorship, when large institutions prevailed. The arrival of a democratic government in the late 1970s marked the beginning of a period of transformation in child welfare, including the introduction of family foster care and the expansion of family support services, the evolution of standards for residential care, and the development of research alliances with Spanish universities to identify effective strategies for residential staff training. Spain’s residential care population includes a high percentage of unaccompanied minors who, along with youth who present with severe behavioral and emotional problems, are a present focus of concern. The chapter concludes with the matrix used throughout the book, which provides information about the current policy context, key trends and initiatives, characteristics of children and youth served, preparation of residential care personnel, promising programmatic innovations, and present strengths and challenges.
Residential Care for Children and Youth in Denmark
Authors: Lausten Mette
Published: December 2022

This chapter documents the shift from residential to foster family care in Denmark over the period from 1982 to 2020, a shift that has resulting in higher acuity for those children and youth who find their way into residential care. Changes in national policy and the legal framework for child welfare are noted, culminating in a new Children’s Law that will take effect in 2023. Also noted is the fact that approximately one third of children in out-of-home care continue to be served in residential care. Strengths and continuing challenges in staff preparation are described, as is the centrality of social pedagogy in the Danish system. The chapter concludes with the matrix used throughout the book, which provides information about the current policy context, key trends and initiatives, characteristics of children and youth served, preparation of residential care personnel, promising programmatic innovations, and present strengths and challenges.
Creating Safe and Welcoming Residential Care Placements for LGBTQIA+ Youth
Authors: López Mónica López , Mallon Gerald P. , Wieldraaijer-Vincent Leo
Published: December 2022

This chapter examines the special needs and challenges faced by LGBTQIA+ youth in residential child and youth care settings. The authors review data about LGBTQIA+ youth in care and describe two European programs that are striving to provide a secure, welcoming, and affirming living environment for LGBTQIA+ youth in child welfare systems. The Audre Project probed perspectives of LGBTQIA+ youth in residential and foster care placement as well the views of practitioners. Cornerstones Youth Care has been implementing an LGBTQIA+ focus within its Raising the Village model. The Raising the Village model is a framework for improving the quality of out-of-home care to young people through focusing decision-making around the individual young person and the carers and professionals involved.
Doncel and the Leaving Care Law in Argentina
Authors: Incarnato Mariana , Borzese Dana
Published: December 2022

This chapter offers insight into how Argentina addressed the critical area of preparing youth for transitions from care through legislation and through the creation (2005) of a model service agency, Doncel. The three main strands of Doncel’s work are (1) training teams from the public sector, nongovernmental organization, and alternative services in strengthening the conditions for youth to develop autonomy through independent living; (2) directly working with young people in care in building the skills and supports necessary for independent living; and (3) conducting research and advocacy, most notably in Doncel’s leadership in bringing about the passage of Law 27.364, In Support of Leaving Care (2017). The authors discuss the impact the law has had on youth making the transition from care.
Future Prospects and Challenges for Residential Care for Children and Youth
Authors: Whittaker James K. , Holmes Lisa , del Valle Jorge F. , James Sigrid
Published: December 2022

This final chapter synthesizes the main findings from the 16-country cross-national review of residential care for children and youth. Major topics include differing rates of use for residential care, characteristics of children and youth served, contextual elements and policy developments, quality factors in residential care, and education and training strategies. The authors conclude with some general recommendations for future improvement of residential child and youth care, including policy initiatives, research, and promising pathways for innovation. The authors urge a more nuanced and better specified conceptualization of residential care. They make the case for continued and expanded cross-national analysis of residential care provision in future.
Realism and International Relations
Authors: James Patrick
Published: December 2022

This book puts forward a point of view about advancement for International Relations in general and realism in particular. If borne out, the arguments contained in this study could have far-reaching consequences for International Relations and even beyond. Effective debate among realists and those who identify with other schools of thought has diminished dramatically over time. International Relations scholars have become dissatisfied with results from exchanges in words alone. Translation of the vast amount of information in the field into knowledge requires a greater emphasis on communication beyond the use of text. Given the challenges posed by existing and intensifying information overload, a call is made in this book for a new vision of progress, with a solid foundation in the philosophy of inquiry, through graphic representation of cause and effect. Realist scholarship in the post–World War II era is the natural domain for application of systemism, a graphic form of expression with straightforward rules for portrayal of cause and effect within theories. Systemism offers a visualization technique borrowed and adapted from the philosophy of science. Systemist graphics reveal the shortcomings, contributions, and potential of realism, the embattled “canary in the coal mine” for International Relations. These visualizations, which focus on realist theories about war, are intended to bring order out of what critics describe as chaos. In sum, a graphic turn for realism in particular and International Relations in general is essential in order to achieve the scientific progress that otherwise is likely to remain elusive.
Units
Authors: James Patrick
Published: December 2022

Units are conveyed in detail in Chapter 5. Two units are included. The first concerns rationality. Actors within the metatheory are assumed to follow self-interest, that is, instrumental rationality. This contrasts to normative rationality, which would assess behavior on the basis of a moral standard. The second type of unit is the system of explanation, which refers to encompassing entities such as paradigms or research programs that provide an organizing principle for a given discipline. After a review of existing options regarding systems of explanation, a synthesis is developed: the research enterprise. The concept of a research enterprise brings together the best aspects of (i) inductive and sociological and (ii) deductive and rationalist predecessors among systems of explanation. Creation of the research enterprise as an amalgam of positive features from systems of explanation that have found significant application in IR reflects a commitment to analytic eclecticism.
Methods
Authors: James Patrick
Published: December 2022

Chapter 6 presents the two methods—identification of axioms for a research enterprise and systemism—entailed within the metatheory. The first focuses on how assumptions are designated to create the foundation for a given research enterprise within IR. Axioms are selected through a process that includes deductive and inductive reasoning. In this way, rigorous standards for designating assumptions are combined with a realistic description of how members of a research community see themselves. The other method, systemism, is a visual technique for conveying theories in a way that facilitates comparison and criticism. Systemism emphasizes completeness and logical consistency regarding cause and effect within and across levels of analysis, along with recognition of how a system and its environment are linked to each other. The chapter also introduces Systemist International Relations (SIR), which includes a method for graphic portrayal of expositions on an individual basis and in combination with each other.
Predation
Authors: James Patrick
Published: December 2022

Chapter 18 introduces predation theory, the most recent among realist expositions on the causes of war. This theory puts forward an explanation for war that focuses on the dynamics of relative capability between and among the great powers. Predation theory assumes, with justification, that leaders rarely possess fully accurate information about the distribution of power. Policies among rising states therefore will vary by context; there is no deterministic pathway to either peace or war under conditions of strategically significant change in relative capabilities. Predation theory seeks to “understand and account for a rising state’s predatory or supportive policies toward its declining peers.” The focus is on the politics associated with power shifts. Predation theory seeks to explain the degree of conflict observed during times of significant change in relative capabilities. War becomes more likely under such circumstances.
Realism and Progress in International Relations
Authors: James Patrick
Published: December 2022

Chapter 20 reflects on the project as a whole and gets underway with a review of specific accomplishments from Parts I–IV and Chapter 19. This final chapter assesses realism in an overall sense in light of an extensive graphic review of its theories in the context of the causes of war. Is realism a scientifically viable research enterprise? This question is answered affirmatively, but tentatively. Potential exists but remains unrealized for realism, which must meet rather than eschew scientific standards in order to move forward. Accomplishment of that goal through adoption of a systemist graphic approach to communication, in turn, would facilitate comparison to any other research enterprise that subsequently is identified in the same way as for realism within this volume. The chapter also offers several ideas about future research, and its final thoughts are on the prospects of realism as a scientific research enterprise.
Dark Secrets of the Crystal Maiden
Authors: Pauketat Timothy R.
Published: December 2022

The transition from to the warmer and drier conditions of the medieval period in the Yucatan Peninsula of southern Mexico saw the end of the Classic Maya civilization. That earlier civilization was based around the exclusive rights of elites to intercede with cosmic forces on behalf of ordinary Maya farmers. Classic jungle cities such as Tikal, with its tall white pyramids, were grand theaters for royalty to commune with the gods, especially Chahk, the lord of water and rain. But the aristocratic ways were undermined by medieval climate change, and new religious and political movements fomented, pulling people and their beliefs away from the cities of Classic-period rulers and toward the caves, natural pools, and springs where ordinary people traveled to worship inside the dark interiors of circular shrines. Marine shells and human sacrifices left in such places bespeak the intimate relationships between people and the forces of climate change.
Across the Chichimec Sea
Authors: Pauketat Timothy R.
Published: December 2022

The religious movements of Mesoamerican inspiration extended well up into the Great Plains of North America, where a young man named Black Elk in the late 1800s would continue the worship of gods he knew as Thunderers. The Sun Dance and sweat lodge ceremonialism there were rooted in medieval-era Mesoamerica. The Mesoamerican practices, in turn, emerged from an even earlier worship of storms, clouds, and volcanoes coeval with the great imperial city of Teotihuacan. These places included Cuicuilco, all but its tallest circular pyramids buried in lava 1600 or more years ago. And they included Los Guachimontónes, circular pyramids that were the bases for early pole-flying ceremonies.
The Other Corn Road
Authors: Pauketat Timothy R.
Published: December 2022

Circular platforms of earth connect the Caddo peoples of Texas, Oklahoma, Arkansas, and Louisiana with the Huastecs of northeastern Mesoamerica in the 900s. They shared with Chaco and the soon-to-appear city of Cahokia a fascination with lunar calendrics, alignment, the ceremonial use of hallucinogenic drugs, and the elaborate decoration of certain pottery vessels. All are evident at Formative Caddo sites such as Crenshaw and the George C. Davis site. With Mesoamerica, the Caddo people also shared the practice of human sacrifice. Some early Caddo people probably migrated to Cahokia and may have been conduits for the introduction of such practices, along with the all-important Mesoamerican and Southwestern maize plant, into eastern North America.
The Quinean Legacy
Authors: Stalnaker Robert
Published: December 2022

This chapter provides an interpretation of W. V. Quine’s methodology and metaphysical theory, in order to provide a background for the neo-Quinean theory of propositions that will be developed later in the book. It emphasizes Quine’s naturalism (his rejection of a transcendent a priori perspective from which to do philosophy) and his way of characterizing the project of regimentation (the construction of a formal language for representing one’s philosophical and scientific commitment). It discusses Quine’s distinctions between ontology and meta-ontology, and between the commitments of logic and the substantive commitments of a specific regimented theory. In the discussion of Quine’s views about logic, it considers the logical status of identity theory and of set theory, and the role of singular terms.
Possible Worlds and Possible Individuals
Authors: Stalnaker Robert
Published: December 2022

While this book endorses an ontological commitment to propositions, properties, and relations, it rejects a commitment to the existence of merely possible worlds or merely possible individuals. The aim of this chapter is to reconcile the rejection of these ontological commitments with a model theory for modal logic that seems to require them. It is argued that a model structure of a Kripke model that is intended to represent some aspect of reality should be regarded as a representational device that may contain artifacts that do not correspond to anything in the reality being modeled. The role of the artifacts is to represent a relational structure that is realized in the domains of entities being modeled. The modeling strategy is a generalized supervaluation strategy that uses refinements of models to facilitate the compositional semantics for domains with relational structure that is not grounded intrinsic properties.
Forests
Authors: Seligson Kenneth E.
Published: December 2022

This chapter focuses on Classic Maya forest-management practices. The forest was more than a living pantry for the Classic Maya—it was also a living hardware store, pharmacy, and recreation center, all rolled into one. The modern forest compositions of the Maya lowlands have been heavily shaped by generations of knowledgeable agroforesters who promoted the growth of the most useful plants for food, lumber, fuel, medicine, and many other purposes. Researchers use paleoenvironmental analyses including pollen, charcoal, and erosion analyses, as well as ethnohistoric and ethnographic analogies to understand how ancient Maya communities exploited and conserved their resources. Classic Period communities developed forest-management practices that included shaping and tending the young forests that sprung up from fallowed fields as well as conserving valuable sapodilla and other trees in old growth forests. Despite careful maintenance, fallow periods likely grew increasingly truncated toward the end of the Classic Period to allow communities to sustain continuous population growth. The socio-ecological symbiosis established among city, forest, and field over the course of the Early and Middle Classic Periods gave way to an increasing proportion of land being used for agriculture. The difficulty of maintaining the forest-conservation strategies that had worked so well for centuries was compounded in the eighth and ninth centuries by climatic and socio-political crises. Paleoenvironmental data indicate that many communities addressed the challenges of that turbulent era by adapting their forest exploitation practices to focus on different fuel sources and regenerating certain species.
Stone
Authors: Seligson Kenneth E.
Published: December 2022

This chapter explores how the production of burnt lime and salt by Classic Maya communities intersected with forest-resource-management strategies. Stone-processing techniques and trajectories varied greatly across the Classic lowlands. Communities with larger civic-ceremonial complexes and populations like Tikal and Caracol required much more lime and salt on an annual basis than smaller polities like Copan or Aguateca. Frequencies of masonry architecture construction likewise varied between communities and subregions. There were likely pronounced differences in production and procurement of lime between urban and rural contexts. Although some sites were able to manage their natural resources better than others, it is clear that communities throughout the lowlands adapted new lime-production practices over the course of the Classic Period to meet the challenges of changing environmental, socio-political, and climatic conditions. Like lime production, the bulk of the salt production (at least in the southern lowlands) would have required significant amounts of wood fuel. Producers in the interior and along the coasts developed methods to maximize their fuel efficiency and exhibited a capacity to adapt their fuel use when circumstances required it. Increasingly detailed investigations of Pre-Colonial lime and salt production are contributing to a more nuanced understanding of Classic Maya communities as proactive and successful natural resource managers.