bluuebunny/crossref_metadata_2025 huggingface dataset:
Education and Influence
Authors: Freer Courtney
Published: April 2018

This chapter, the first featuring original empirical data, covers the foundational periods of Brotherhood branches in the Gulf, ranging from the 1951 establishment of the Kuwaiti Muslim Brotherhood to the 1975 creation of the Qatari Ikhwan. The chapter carefully examines the agendas of these groups and traces the degree of popular support they received in their initial years. It highlights in particular the role Brotherhood groups played in developing the education sectors of the smaller Gulf states in their early years. It also critically demonstrates that, though they share similar demographic, economic, and political profiles, Kuwait, Qatar, and the UAE house different types of Brotherhood movements. The Kuwaiti Ikhwan managed to use its social standing to become a major political force, while the Qatari Brotherhood never expanded beyond the social sector. Meanwhile, the Emirati Brotherhood remained somewhat segmented, despite initially enjoying a solid relationship with the ruling elite.
The Human Right to Higher Education
Authors: Kotzmann Jane
Published: April 2018

This chapter explores the meaning of the human right to higher education. The chapter identifies the various sources of the right to higher education in international law and outlines the scope and content of the right to higher education. In particular, it focuses on the scope and content of the right to higher education as set out in Article 13 of the International Covenant on Economic, Social and Cultural Rights, including an analysis of whether the right includes a right to certification, what constitutes acceptable limitations on access to higher education, and the requirement to progressively introduce free higher education.
Prologue
Authors: Yamamoto Eric K.
Published: April 2018

This Prologue describes three stories concerning Korematsu. The first is told in late 2015 by U.S. judges. It reaches back to the Supreme Court’s 1944 ruling in Korematsu validating the World War II Japanese American removal and incarceration. And it discerns insights, maybe lessons, for America about fundamental freedoms sacrificed in the name of perceived exigency. The second story starts with Justice Jackson’s loaded weapon warning about expanding Korematsu’s principle to new purposes. In 2014, then-Supreme Court justice Antonin Scalia responded to a question about a possible U.S. mass exclusion or roundup of Muslims with a disturbing prophesy. The third story concerns Scalia’s it-could-happen-again prophesy and how the laws fall silent. That story is an amalgam of calls for mass Muslim exclusion and detention by government officials and Republican presidential candidates after the 2015 Paris and San Bernardino attacks—calls that partially coalesced in President Trump’s controversial 2017 exclusion-and-detention executive orders.
The Musical Topic of the Mass in B Minor
Authors: Melamed Daniel R.
Published: April 2018

If there is a fundamental musical subject of Johann Sebastian Bach’s Mass in B Minor, a compositional problem the work explores, it is the tension between two styles cultivated in church music of Bach’s time. One style was modern and drew on up-to-date music such as the instrumental concerto and the opera aria. The other was old-fashioned and fundamentally vocal, borrowing and adapting the style of Giovanni Pierluigi da Palestrina, his sixteenth-century contemporaries, and his seventeenth-century imitators. The movements that make up Bach’s Mass can be read as exploring the entire spectrum of possibilities offered by these two styles (the modern and the antique), ranging from movements purely in one or the other to a dazzling variety of ways of combining the two. The work illustrates a fundamental opposition in early-eighteenth-century sacred music that Bach confronts and explores in the Mass.
Military Strategy
Authors: Beer Yishai
Published: April 2018

This chapter points at a paradox related to the gap between law and reality. Since it is the strategic level of war that mostly affects war’s conduct, one might have expected that the law of armed conflict—whose stated agenda is to humanize war’s arena—would focus upon it. The current law, however, generally ignores the strategic discourse and prefers to scrutinize the conduct of war through a tactical lens. This chapter challenges the current blind spot of the law: its disregard of the direct consequences of war strategy and the war aims derived from it. Ignoring reality by disregarding military strategy carries a humanitarian price that will be demonstrated in the prevailing law of targeting. The chapter asks of those who want to comprehensively reduce war’s hazards to think strategically—indeed, to face reality—and to leverage military strategy as a constraining tool.
Conclusions
Authors: Beer Yishai
Published: April 2018

The writing of this book was triggered by a twofold desire: to bridge the unacceptable gap between the positive rules of the international law governing armed hostilities and actual state practice, and to reduce the humanitarian suffering caused by this reality. The current law does not seem to be optimal in balancing the different interests of states’ militaries and the humanitarian agenda. As summarized in this concluding chapter, in response to this challenge, this book offers a new paradigm based on reality that may elevate the humanitarian threshold by replacing the currently problematic imperatives imposed upon militaries with professionally-based, therefore attainable, requirements. The suggested paradigm may have some side benefits, as well. It will clarify the contours of the law and offer criteria for judging the belligerents’ conduct.
Forged in War
Authors: Orentlicher Diane
Published: April 2018

This chapter explores how the ICTY’s creation in the crucible of war shaped Bosnian citizens’ early expectations of Hague justice, and the early engagement of some Bosnians in establishing accountability for the crimes they survived. It revisits the “peace vs. justice” debate that played out among diplomats during the ICTY’s formative years in light of subsequent experience in Bosnia. The final section lays a foundation for later chapters by highlighting key features of the governance structures established in the Dayton Peace Agreement that have diminished the ICTY’s influence on social acknowledgment of wartime atrocities and, more broadly, on interethnic reconciliation.
Philosophizing the Real World of Human Rights
Authors: Tasioulas John
Published: April 2018

It is argued that Samuel Moyn’s critique of Tasioulas’s ‘Towards a Philosophy of Human Rights’ is undermined by an overly ambitious conception of the supposed goals of philosophical enquiry into human rights and by a serious misinterpretation of the nature of Tasioulas’s ‘orthodox’ theory of human rights as affirming that such rights apply timelessly. With these misconceptions set aside, it becomes clear that a philosophical theory of human rights, such as the orthodox account, can help us illuminate and evaluate the complex realities of contemporary human rights practice, such as the creation of a non-statist and non-legalist human rights framework through the UN’s Guiding Principles on Business and Human Rights.
Genealogies of Human Rights
Authors: Flynn Jeffrey
Published: April 2018

This commentary on essays by Koskenniemi, Brett, Moyn, and Tasioulas analyses the relations between several ways of doing the history of human rights—depending on whether they focus on the substance, range of application, or political salience of human rights—and ways of doing the philosophy of human rights. More specifically, it argues that Moyn and Tasioulas are talking past each other when debating how we should think about the function of human rights. It concludes by considering topics on which philosophers and historians might fruitfully collaborate in thinking about human rights.
Linking Self-Determination and Human Rights
Authors: Kymlicka Will
Published: April 2018

Peter Jones argues that human rights can address violations of the determination principle, but cannot address violations of the selfhood principle. In this commentary, it is argued that international human rights norms should address both violations, for two key reasons. First, these violations are continuous in their underlying ideologies and in their effects on those whose rights to self-determination are denied. Second, international law was itself complicit in creating both categories of violations, and so has a special responsibility to correct them.
Human Rights, Membership, and Moral Responsibility in an Unjust World
Authors: Levitov Alex , Macedo Stephen
Published: April 2018

International human rights instruments establish both a fundamental right to collective self-determination and a right of individuals to free movement. What principles and priorities should guide us when these two sets of claims come into conflict? When and under what conditions are political communities morally entitled to exclude those who wish to enter? And when, on the other side, do the rights of individuals seeking entry take priority? These issues are both philosophically contested and of great practical import, and this chapter seeks to illuminate them.
The Slippery Slope of Statist Cosmopolitanism
Authors: Benhabib Seyla
Published: April 2018

Statist cosmopolitanism is the view that obligations to non-members of a polity extend beyond the humanitarian minimum to general duties of assistance and to duties of reciprocity, including those of non-exploitation, non-domination, and avoidance of “free ridership.” Though this view has much to recommend it, the differentiation between strong duties towards “compatriots” and these other forms of obligation rests on anthropological, ontological, and policy premises that are not clarified. Furthermore, statist cosmopolitanism vacillates between a contractarian and identitarian account of the boundaries of the political community. It follows that we should also challenge whether states should be left free to act on their own judgement alone in balancing competing responsibilities to members and non-members.
The Challenges of Industrial Policy
Authors: Gray Hazel
Published: April 2018

This chapter examines the challenges of industrial policy in the era of liberalization in Tanzania and Vietnam. It starts by describing the major features of industrialization under socialism. Many of the challenges of industrialization related to the difficulties of adequately financing industrial expansion while maintaining effective supervision of the recipients of industrial rents. Under liberalization, important differences in the approach to industrial policy emerged. The chapter compares how the two countries approached privatization and establishing export processing and industrial zones. Vietnam retained a much larger state-owned industrial sector, while Tanzania engaged in an extensive privatization programme. The challenges of disciplining industrial policy rent recipients continued under liberalization in both countries but differed in ways that reflected the different distributions of power in the industrial sector and between the private sector and the state in each country.
Conclusion
Authors: Gray Hazel
Published: April 2018

This final chapter draws together the central arguments presented in the earlier chapters and reflects on the wider implications of the analysis for contemporary processes of economic transformation. Tanzania and Vietnam were able to maintain the stability of the political order through their relatively inclusive party institutions. In the absence of strong central monitoring, in Vietnam there was much more effective power at the local level, and a viable political relationship developed between the state and economic actors that were emerging from within the party structures. In Tanzania, the transformation of economic power under socialism had been more limited. There was a weaker institutional legacy at the local level and, more importantly, an enduring complex relationship between the private sector and the state. The book concludes by examining the implications of the analysis for the possibilities of constructing alternative paths of economic transformation.
All at Sea
Authors: Livermore Roy
Published: April 2018

According to first-generation plate tectonics, sea-floor spreading was nice and simple. Plates were pulled apart at mid-ocean ridges, and weak mantle rocks rose to fill the gap and began to melt. The resulting basaltic magma ascended into the crust, where it ponded to form linear ‘infinite onion’ magma chambers beneath the mid-ocean tennis-ball seam. At frequent intervals, vertical sheets of magma rose from these chambers to the surface, where they erupted to form new ocean floor or solidified to form dykes, in the process acquiring a magnetization corresponding to the geomagnetic field at the time. Mid-ocean ridge axes were defined by rifted valleys and divided into segments by transform faults with offsets of tens to hundreds of kilometres, resulting in the staircase pattern seen on maps of the ocean floor. All mid-ocean ridges were thus essentially identical. Such a neat and elegant theory was bound to be undermined as new data were acquired in the oceans.
The Evolutionary Dynamics of Diversified Business Groups in the West
Authors: Colpan Asli M. , Hikino Takashi
Published: April 2018

This chapter examines the historical origins, evolutionary paths, and long-term resilience of diversified business groups in the economies of Western Europe, North America, and Oceania from the nineteenth century to the present. In examining the developmental dynamics of diversified business groups in those economies, it aims to propose a new interpretation of the long-term evolution of large business enterprises in different market and institutional settings. The chapter suggests that diversified business groups are not simply transitional and second-best organizations that worked well only at the early phase of modern economic growth and will not necessarily become an obstacle for dynamic industrial development as the economies mature. Instead, as the business groups flexibly co-evolve with changing market and institutional environments, they can stay on as a viable model for business organizations even in developed markets.
Sweden
Authors: Larsson Mats , Petersson Tom
Published: April 2018

This chapter analyzes the prevalence of business groups in Sweden. The Swedish economy has since the early twentieth century been dominated by a rather small number of large and internationally oriented companies. The relations between banks and industry have been important in understanding the long-term growth of the Swedish economy. Two business groups—the Wallenberg group and the Handelsbanken group—stand out as especially resilient and dynamic. The Wallenberg and Handelsbanken groups have both developed into diversified business groups with a commercial bank in the center of each. The successful Swedish business groups have also to some extent been dependent on indirect support from the Swedish state, allowing the large groups to maintain their dominant position.
Bridging the Gap between Political and Penal Legitimacy
Authors: Henham Ralph
Published: April 2018

This chapter argues that the relationship between penal policy and the political economy provides important insights into the political and institutional reforms required to minimize harsh and discriminatory penal policies. However, the capacity of sentencing policy to engage with this social reality in a meaningful way necessitates a recasting of penal ideology. To realize this objective requires a profound understanding of sentencing’s social value and significance for citizens. The greatest challenge then lies in establishing coherent links between penal ideology and practice to encourage forms of sentencing that are sensitive to changes in social value. The chapter concludes by explaining how the present approach taken by the courts of England and Wales to the sentencing of women exacerbates social exclusion and reinforces existing divisions in social morality. It urges fundamental changes in ideology and practice so that policy reflects a socially valued rationale for the criminalization and punishment of women.
Introduction
Authors: Esler Karen J. , Jacobsen Anna L. , Pratt R. Brandon
Published: April 2018

Mediterranean-type climate (MTC) regions have long been of interest to scientists and they formed the basis for many early ecological studies. This has included comparisons of the vegetation within these regions (mediterranean-type vegetation) as well as other functional, climatic, and historical studies and comparisons. Comparing MTC regions and the species that occur within them has been used to test the evolutionary convergence hypothesis. Continuing scientific interest in MTC regions is linked to their unusually high levels of species richness and biodiversity. These regions have the highest species richness outside of the tropics, particularly in vascular plant diversity, as well as high levels of endemism. International research activities and meetings have provided the opportunity for scholars to collaborate across MTC regions and have fostered an active comparative research environment from the 1960s to the present.
Effectiveness of Medical Interventions
Authors: Stegenga Jacob
Published: April 2018

To be effective a medical intervention must improve one’s health by targeting a disease. The concept of disease, though, is controversial. Among the leading accounts of disease—naturalism, normativism, hybridism, and eliminativism—I defend a version of hybridism. This hybrid account of disease holds that for a state to be a disease that state must both have a constitutive causal basis and cause harm. The two requirements of hybridism entail that a medical intervention, to be deemed effective, must target either the constitutive causal basis of a disease or the harms caused by the disease (or ideally both). This provides a theoretical underpinning to the two principal aims of medical treatment: care and cure.
Conclusion
Authors: Stegenga Jacob
Published: April 2018

The book concludes by articulating what medical nihilism might entail for medical research, regulation, and treatment. There have been many proposed solutions to problems raised in this book, ranging from minor modifications to medical research (like requiring the registration of trials prior to data collection, and open access to trial data), to revolutionary changes (such as the complete socialization of medical research). These proposals for realigning medical research are evaluated, and proposals that are consistent with medical nihilism are articulated. These include stricter standards for detecting benefits and harms of medical interventions, a closer scrutiny of corporate research, and a shift in the research agenda away from barely effective pharmaceuticals toward projects with potential for greater impact, such as research on the importance of diet and exercise, and on neglected tropical diseases.
Kurt Waldheim, 1972–1981
Authors: Kille Kent J.
Published: April 2018

Kurt Waldheim is recognized as a subservient office-holder who bent to the will of the Great Powers. Waldheim’s individual decision-making and engagement with Security Council decisions was largely based on meeting the needs of the dictating powers and ensuring his own ongoing position as Secretary-General—to the point of almost securing the only third term in office in the history of the organization. As Secretary-General, Waldheim carefully managed his relationship with the Security Council, closely hewed to constraints placed upon his handling of the office, and often operated as an agent of the principal powers of the Security Council. This relationship steered the actions that emerged for addressing breaches of international peace and security across Waldheim’s time in office, and provides important lessons for understanding the impact of Secretary-General/Security Council interactions and relative influences on decision-making within the UN.
Kofi Annan, 1997–2006
Authors: Williams Abiodun
Published: April 2018

The decade of Kofi Annan’s tenure as Secretary-General of the United Nations (1997–2006) was a tumultuous point in world affairs, characterized by dramatic events such as the 9/11 terrorist attacks and catastrophes like the Bam earthquake in Iran and the Indian Ocean tsunami. Kofi Annan needed to overcome growing suspicions between North and South, and between the US and the rest of the membership, in order to help the UN’s governing bodies to reach decisions. This was necessary, and especially difficult, in the case of Security Council decisions on major challenges to international peace and security, such as those posed by Iraq and Kosovo. He needed to work with a Council in which there was a breakdown of consensus among the P5, and the P5 relationship was struggling to find a new equilibrium in a changing geopolitical landscape. While disposing of very little coercive authority, he needed to use his personality to help the Council direct the flow of the deep currents in the global security order. Annan was a norm entrepreneur who used the bully pulpit to shape norms, notably the Responsibility to Protect.
Ban Ki-moon, 2007–2016
Authors: Gowan Richard
Published: April 2018

During Ban Ki-moon’s tenure, the Security Council was shaken by P5 divisions over Kosovo, Georgia, Libya, Syria, and Ukraine. Yet it also continued to mandate and sustain large-scale peacekeeping operations in Africa, placing major burdens on the UN Secretariat. The chapter will argue that Ban initially took a cautious approach to controversies with the Council, and earned a reputation for excessive passivity in the face of crisis and deference to the United States. The second half of the chapter suggests that Ban shifted to a more activist pressure as his tenure went on, pressing the Council to act in cases including Côte d’Ivoire, Libya, and Syria. The chapter will argue that Ban had only a marginal impact on Council decision-making, even though he made a creditable effort to speak truth to power over cases such as the Central African Republic (CAR), challenging Council members to live up to their responsibilities.
Introduction
Authors: Anderson Amanda
Published: April 2018

Although it is widely observed that a consequential “turn to ethics” took place in the field of literary criticism beginning in the late 1980s, this book argues that a broader cultural privileging of psychological and therapeutic frameworks has led to a displacement of the importance of moral reflection and moral judgment in the literary field. Between the pervasive influence of psychology on intellectual paradigms and cultural life, and the critique of morality within ideological criticism, key elements of the moral life, and of moral experience within the time of a life, have been lost to view. This introduction maps out the recent work on ethics in literary studies, introduces the moral significance of British object relations theory (an outlier among the psychological frameworks under analysis), and concludes by discussing Kant and Nietzsche’s divergent understandings of the psychological dimensions of moral life.
Introduction
Authors: Fitzgerald William , Spentzou Efrossini
Published: April 2018

Part One of the introduction places the book within the framework of the recent spatial turn in the Humanities, engaging with key psychogeographical notions. It contextualizes the volume with reference to relevant studies on both Greek and Latin literature that have engaged with such perspectives. This part also explores how Roman writers themselves spatialize their narratives and maps how different contributors engage with the spatial element of the various narratives. Part Two engages with aspects of modern political philosophy, utilizing it in order to appreciate the ideological disputes inherent in space’s capacity to both represent and construct. This Part engages with various spatial theorists who attempt to write about space while avoiding polarized categorizations. Part Three provides an extensive and intertwined interpretation of all contributions, linking the varied discussions into a consideration of the qualities and potential of the written spaces.
Obviam
Authors: Hudson Jared
Published: April 2018

This chapter examines the construction of vehicular space in Latin literary texts, identifying two significant aspects of Roman transport’s representation. First is the set-piece depiction of roadway encounters, articulated as a physical run-in of wayfarers with clashing modes of transport. Although the moralizing thrust of such portraits is to inveigh against lavish transportation while extolling simple travel, their more powerful function is to assert the ability of (particular) mobile parties to transcend transit’s physicality. Second is such scenes’ frequent problematization of physical agency, drivers and passengers being caught between demeaning hands-on participation in travel’s means and excessively passive forms of conveyance. The aim throughout is to move beyond a view of such articulations as merely diatribes against luxurious travel, and to excavate how the underlying instrumentality of transportation—its emphatic ‘by-way-of-ness’—is rhetorically constituted, and indeed a vital part of the Roman production of space.
On Not Being in Rome
Authors: Edwards Catharine
Published: April 2018

For the Stoic wise man, Seneca argues, specific places are unimportant. The Stoic state is an abstraction, but one to which the would-be wise man owes primary allegiance. This chapter explores Seneca’s handling of the relationship between the cosmic city and a number of specific places in Seneca’s prose writings. Consoling his mother on the occasion of his exile, he suggests forced relocation may prove more conducive to a philosophical life. Might the would-be philosopher sometimes choose to make a journey? Is it advisable to withdraw from a place (Rome, perhaps?) with a potent capacity to disturb? The letters concede that certain spots may be worth seeking out for one keen to focus on locating himself within the virtual space of the cosmos. These places, situated in a distinctively literary and historical landscape, play a crucial role in Seneca’s route map to his philosophical destination.
Exiled in Rome
Authors: Bhatt Shreyaa
Published: April 2018

This chapter examines Tacitus’ writing of the spaces of home and exile. It starts by identifying the ways in which the state’s legal and political institutions worked to produce the spaces of home and exile as fixed, polar opposites. It then moves on to an analysis of Tacitus’ reproduction of the state’s space-making through focus on three episodes in the Annales: Lucius Piso’s threat to withdraw from the city at Annales 2.34, Vibius Serenus’ recall from exile and his desire to return at Annales 4.28–30, and Tiberius’ own eventual withdrawal to Capri. It argues that Tacitus challenges the notion of Rome as a space of moral superiority and freedom, as well as the view of home as one’s ‘true’ place of belonging—ideas which provided the basis for the development of Roman criminal law and imperial ideology.
Rome’s Dire Straits
Authors: Rimell Victoria
Published: April 2018

This chapter considers the poetics of Roman imperial expansion in three dimensions. It investigates the depth and density of straits and clogged waterways—paradigmatically the Hellespont—in Latin poetry from Catullus to Statius, arguing that such spaces become laboratories for the ways in which poetic and military power is amplified in imperial texts via restriction, contraction, and pressure rather than by expatiation. The aim here is to go beyond recent critical appraisals of straits on either side of the Black Sea as simply representing an ‘overcrowded literary tradition’, in which expectations are confounded, bellicose epic is mitigated or postponed, and Alexandrian principles ironically reconfirmed. By the second half of the first century CE, as Roman poetry gets to grips with and reshapes discourses of empire, the spatial metaphors that underpin its evolution are smashed apart.
The Roman Retail Revolution
Authors: Ellis Steven J. R.
Published: April 2018

Tabernae were ubiquitous among all Roman cities, lining the busiest streets and dominating their most crowded intersections, and in numbers not known by any other form of building. That they played a vital role in the operation of the city—indeed in the very definition of urbanization—is a point too often under-appreciated in Roman studies, or at best assumed. The Roman Retail Revolution is a thorough investigation into the social and economic worlds of the Roman shop. With a focus on food and drink outlets, and with a critical analysis of both archaeological material and textual sources, Ellis challenges many of the conventional ideas about the place of retailing in the Roman city. A new framework is forwarded, for example, to understand the motivations behind urban investment in tabernae. Their historical development is also unraveled to identify three major waves—or, revolutions—in the shaping of retail landscapes. Two new bodies of evidence underpin the volume. The first is generated from the University of Cincinnati’s recent archaeological excavations into a Pompeian neighborhood of close to twenty shop-fronts. The second comes from a field survey of the retail landscapes of more than a hundred cities from across the Roman world. The richness of this information, combined with an interdisciplinary approach to the lives of the Roman sub-elite, results in a refreshingly original look at the history of retailing and urbanism in the Roman world.
Processes, Activities, and Actions
Authors: Charles David
Published: April 2018

Are events or processes the ontological basis for a satisfying philosophical account of action and agency? This chapter offers some reasons for seeing particular processes as more basic than events for a proper understanding of these issues. It takes as its starting point three reputable opinions which any adequate account should consider and argues that these are best accommodated within a process-based account. In developing this argument, the chapter formulates an alternative event-based account and analyses some of the motivations which have led to its acceptance. In conclusion, the chapter compares the author’s suggestion, seen as Aristotelian in inspiration, with other ways of understanding actions and agency which have gained currency since Davidson’s seminal work in the 1960s and 1970s.
The Process of Inference
Authors: Mole Christopher
Published: April 2018

The set of entities that serves as the domain for our discourse about the mind is metaphysically heterogenous. It includes processes, events, properties, modes, and states. In the latter part of the twentieth century, philosophers started to suppose that a philosophical theory of the mind should be primarily concerned with the explanation of mental states. Those states could be mentioned in the explanations that would need to be given for mental entities of other sorts. If, for example, we had a prior explanation of belief states, then those states could figure in our subsequent explanation of inferences: inferences, on this approach, are to be identified with certain processes of belief revision. This states-first approach was not favoured by earlier theorists of the mind, who tended to suppose that mental events and processes are explanatorily more basic than mental states. The current states-first approach faces insuperable difficulties, which the earlier approach avoids.
The Debiasing Role of the Cross-Border Insolvency System
Authors: Mevorach Irit
Published: April 2018

This chapter explores what the reasons for deviating from modified universalism in practice may be. To do so, it draws on behavioural international law and economics. The chapter argues that certain decision-making biases may play a role in cross-border insolvency and can explain both negative inclinations and instances of lack of cooperation, as well as the relative success of modified universalism. The key argument here is that instead of yielding to territorial inclinations, cross-border insolvency law has a debiasing role to play. It should attempt to align choices with optimal solutions, overcoming biases, and should also close gaps in the cross-border insolvency system in line with modified universalism.
Conclusion
Authors: Mevorach Irit
Published: April 2018

This chapter provides a summary and concluding remarks regarding the future of cross-border insolvency. It argues based on the analysis in the previous chapters that a regime that fits current market conditions and increases global and local welfare is within reach, and is founded on the emerging norms of modified universalism. Persisting territorial inclinations should not cast a shadow over the desirability of modified universalism. Rather than yielding to territorialist inclinations, international actors should strengthen modified universalism by attempting to close gaps in the system to reflect agreed norms and by working to overcome negative biases in favour of positive ones. Modified universalism can crystallize into binding law in the form of customary international law (CIL), which can close gaps and overcome biases. The system can further foster compliance with the norms through a range of measures. While cross-border insolvency is already governed by proper instruments, certain gaps remain. It is suggested that there is room for additional work on the instruments and generally on strengthening the cross-border insolvency system. Future reform should continue to be multifaceted, with different roles assigned to different actors.
Implications of Food Subsistence for Monetary Policy and Inflation
Authors: Portillo Rafael , Zanna Luis-Felipe , O’Connell Stephen , Peck Richard
Published: April 2018

The chapter introduces subsistence requirements in food consumption into a simple New Keynesian model with flexible food and sticky non-food prices. It shows how the endogenous structural transformation that results from subsistence affects the dynamics of the economy, the design of monetary policy, and the properties of inflation at different levels of development. A calibrated version of the model encompasses both rich and poor countries and broadly replicates the properties of inflation across the development spectrum, including the dominant role played by changes in the relative price of food in poor countries. The authors derive a welfare-based loss function for the monetary authority and show that optimal policy calls for complete (in some cases near-complete) stabilization of sticky-price non-food inflation, despite the presence of a food-subsistence threshold. Subsistence amplifies the welfare losses of policy mistakes, however, raising the stakes for monetary policy at earlier stages of development.
On the Sources of Inflation in Kenya
Authors: Andrle Michal , Berg Andrew , Morales R. Armando , Portillo Rafael , Vlcek Jan
Published: April 2018

The authors develop a semi-structural, New Keynesian open-economy model with separate food and non-food inflation dynamics to study the sources of inflation in Kenya in recent years. They filter international and Kenyan data through the model to recover a model-based decomposition of most variables into trends (or potential values) and temporary movements (or gaps), including for the international and domestic relative price of food. The filtration exercise helps recover the sequence of domestic and foreign macroeconomic shocks that account for business cycle dynamics in Kenya over the last few years, with a special emphasis on the various factors (international food prices, monetary policy) driving inflation. The authors find that while imported food price shocks have been an important source of inflation, both in 2008 and more recently, accommodating monetary policy has also played a role, most notably through its effect on the nominal exchange rate.
Minimal Morality
Authors: Moehler Michael
Published: April 2018

This book develops a novel multilevel social contract theory that, in contrast to existing theories in the liberal tradition, does not merely assume a restricted form of reasonable moral pluralism, but is tailored to the conditions of deeply morally pluralistic societies that may be populated by liberal moral agents, nonliberal moral agents, and, according to the traditional understanding of morality, nonmoral agents alike. To develop this theory, the book draws on the history of the social contract tradition, especially the work of Hobbes, Hume, Kant, Rawls, and Gauthier, as well as on the work of some of the critics of this tradition, such as Sen and Gaus. The two-level contractarian theory holds that morality in its best contractarian version for the conditions of deeply morally pluralistic societies entails Humean, Hobbesian, and Kantian moral features. The theory defines the minimal behavioral restrictions that are necessary to ensure, compared to violent conflict resolution, mutually beneficial peaceful long-term cooperation in deeply morally pluralistic societies. The theory minimizes the problem of compliance by maximally respecting the interests of all members of society. Despite its ideal nature, the theory is, in principle, applicable to the real world and, for the conditions described, most promising for securing mutually beneficial peaceful long-term cooperation in a world in which a fully just society, due to moral diversity, is unattainable. If Rawls’ intention was to carry the traditional social contract argument to a higher level of abstraction, then the two-level contractarian theory brings it back down to earth.
Rational Choice Contractarianism
Authors: Moehler Michael
Published: April 2018

This chapter discusses Hobbes’ and Gauthier’s moral theories that, from a methodological point of view, are the most important social contract theories for the development of the two-level contractarian theory. With regard to Hobbes’ moral theory, the chapter follows the orthodox interpretation of Hobbes’ moral theory that considers Hobbes to defend a purely instrumental approach to morality, because this interpretation of Hobbes’ moral theory is most relevant for the argument developed in this book. With regard to Gauthier’s moral theory, the chapter discusses both the initial statement of Gauthier’s moral theory in Morals by Agreement as well as the most recent version of Gauthier’s moral theory that de facto rejects orthodox rational choice contractarianism.
Family Law and Legal Theory
Authors: Eekelaar John
Published: April 2018

This chapter will be about family law and legal theory. Understandably, Brian Bix baulked at the idea that a single theory of family law could be constructed, at least for the US. Given the scope of its subject matter, I also think a quest for one overarching theory for family law will prove elusive. But I will argue that there is a pervasive feature about family law which is central to understanding both how family law operates and how it should operate. It will be argued that understanding the way legal and social norms interact should be central to theorizing about family law. In fact, there may need to be a number of theories explaining, or justifying, the specific interactions in the various circumstances in which they occur. It will be seen that these invariably revolve around the issue of power: who has it and how it can be controlled.
Family and Family Law
Authors: Archard David
Published: April 2018

Much contemporary writing on ‘family’ and ’family law’ cites extensive changes to the family as evidence that the very concept of the ‘family’ is redundant, or that the family has disappeared. Conceptual questions (What counts as a family?) should be distinguished from normative ones (Is the family a good thing? Are some families better than others?). The use of the term ‘the family’ can be normatively innocent such that there are different family forms none of which should be privileged. Having distinguished ‘the family’ as an extra-legal concept and as a legal construct, I defend a functional definition of the family. This value-free definition can serve as the basis of evaluative judgments about the family. There are good reasons why law might recognize the family, consistent with law also recognizing non-familial personal relations. Nevertheless we need not accord familial status to such relations, or abandon the term ‘family’.
Are Children’s Rights Important?
Authors: Macleod Colin M.
Published: April 2018

This paper explores the nature and justificatory basis of children’s rights with a view to determining whether children’s rights are important. Although children’s rights are frequently invoked in legal and political discourse, they often generate controversy: their practical and theoretical significance is sometimes challenged. Many states acknowledge children’s rights and yet fail to secure many of the most basic interests of children putatively protected by their rights. Moreover, the suggestion that children are the bearers of genuine moral rights is sometimes met with philosophical scepticism. This chapter distinguishes different forms of scepticism about children’s rights and explores whether doubts about the theoretical and practical importance of children’s rights can be vindicated. I argue that reticence about children’s rights is not justified. Given a proper construal of children’s rights it is appropriate both to treat children as genuine bearers of rights and to view their rights as morally and politically important.
The City of Fortuna
Authors: Miano Daniele
Published: April 2018

This chapter is focused on the most famous sanctuary of Fortuna in ancient Italy, the one dedicated to Fortuna Primigenia in the Latin town of Praeneste. It is argued that the diverse contexts in which Fortuna appears point at a variety of meanings attributed to her from the earliest period, including salvation and victory in war. The chapter also explores historiographical attempts at coping with the variety of the evidence using systematizing and theologizing interpretations, arguing that these attempts tend to be overly dependent on a limited amount of evidence: inscriptions to the goddess from collegia and the local aristocracy suggest an interest in Fortuna beyond mainly mothers.
Ferrier and the Myth of Scottish Common Sense Realism
Authors: McDermid Douglas
Published: April 2018

James Frederick Ferrier (1808–64), the first notable British idealist of the nineteenth century and the greatest Scotch metaphysician since Thomas Reid, waged a ferocious dialectical war against common sense realism. This chapter examines “Reid and the Philosophy of Common Sense” (1849), an essay in which Ferrier challenges four aspects of the received view about Reid: (1) That Reid was the first noteworthy opponent of the representationalist doctrine of perception that dominates modern philosophy from Descartes to Hume. (2) That Reid vanquished representationalism, and defended a doctrine of immediate perception. (3) That Reid put paid to Berkeleyan idealism and to veil of ideas scepticism. (4) That Reid vindicated realism by appealing to the plain dictates of common sense. If Ferrier is right in thinking that Reid’s scheme is fundamentally unsound, the tradition of Scottish common sense realism represented by Hamilton has no future.
‘Scottish to the Very Core’
Authors: McDermid Douglas
Published: April 2018

This chapter describes how Ferrier had the last laugh, despite his failure to be appointed to Sir William Hamilton’s Chair at Edinburgh in 1856. For by the end of the nineteenth century, it was apparent that several of the once-unpopular causes championed by Ferrier in the 1840s and 1850s had triumphed: Thomas Reid was no longer the beau ideal of most Scottish philosophers, the old meta-philosophy of common sense was decidedly out of favour, and idealism had supplanted realism as the metaphysic of choice in many Scottish universities. Although a few grizzled defenders of Reidian-inspired realism could still be found at home and abroad, their way of thinking seemed banal and un-nuanced to a generation of Scottish students who had cut their philosophical teeth on the subtleties of German speculation.
The Rise of Investor-State Arbitration
Authors: St John Taylor
Published: April 2018

Today, investor–state arbitration embodies the worst fears of those concerned about runaway globalization—a far cry from its framers’ intentions. Why did governments create a special legal system in which foreign investors can bring cases directly against states? This book takes readers through the key decisions that created investor–state arbitration, drawing on internal documents from several governments and extensive interviews to illustrate the politics behind this new legal system. The corporations and law firms that dominate investor–state arbitration today were not present at its creation. In fact, there was almost no lobbying from investors. Nor did powerful states have a strong preference for it. Nor was it created because there was evidence that it facilitates investment—there was no such evidence. International officials with peacebuilding and development aims drove the rise of investor–state arbitration. This book puts forward a new historical institutionalist explanation to illuminate how the actions of these officials kicked off a process of gradual institutional development. While these officials anticipated many developments, including an enormous caseload from investment treaties, over time this institutional framework they created has been put to new purposes by different actors. Institutions do not determine the purposes to which they may be put, and this book’s analysis illustrates how unintended consequences emerge and why institutions persist regardless.
Supranational Agenda-Setting
Authors: St John Taylor
Published: April 2018

Chapter four sets out the context in which the World Bank proposed ICSID and analyzes the Bank’s motivation, resources, and strategy in doing so. World Bank officials had extensive access to privileged information about how governments perceived the proposals for multilateral insurance or a code. World Bank officials chose to set the agenda away from a code or insurance agency and toward arbitration. As they drafted the ICSID Convention, World Bank officials acted within parameters they believed national officials (who could stop their plans) would find acceptable and tailored their Draft Convention to be amenable to the widest possible swath of member states. Bank officials were concerned that distributional disagreements would derail the proposal, so they designed an entirely new, consultative procedure in order to make it nearly impossible for states to derail the drafting process.
The Law of Contract
Authors: Steiner Eva
Published: April 2018

This chapter examines the law of contract in France and discusses the milestone reform of French contract law. While this new legislation introduces a fresh equilibrium between the contracting parties and enhances accessibility and legal certainty in contract, it does not radically change the state of the law in this area. In addition, it does not strongly impact the traditional philosophical foundations of the law of contract. The reform, in short, looks more like a tidying up operation rather than a far-reaching transformation of the law. Therefore, the chapter argues that it is questionable whether the new law, which was also intended to increase France's attractiveness against the background of a world market dominated by the Common Law, will keep its promise.