bluuebunny/crossref_metadata_2025 huggingface dataset:
The Privy Council: The Umpire of the British Empire
Authors: Calabresi Steven Gow
Published: May 2021

This chapter describes the history and workings of the Privy Council, which was the Supreme Court of both the First and Second British Empires from 1607 until the present day. The Judicial Committee of the Privy Council (JCPC), as it came to be called in 1833, provided vertical federalism judicial review in all British Imperial cases arising outside of England and Wales to ensure that English colonies were not adopting laws that were repugnant to English law. The British Empire from 1607 to the present day was and is a constitutional federal entity with centralized federalism judicial review vested in what is now called the JCPC. The JCPC, which still exists, does not have the power of horizontal judicial review, either over acts of the U.K. Parliament, or of the prime minister. The Privy Council between 1607 and 1776 reined in the thirteen North American British colonies when they enacted laws or decided cases in ways that were repugnant to the laws of England. The JCPC decided Canadian and Australian federalism and separation of powers case from 1867 on thereby habituating those countries to the practice of federalism and separation of powers judicial review, which both countries have followed since gaining independence.
Canada: From Privy Council to Supreme Court
Authors: Calabresi Steven Gow
Published: May 2021

This chapter assesses the emergence of judicial review in Canada. Canadian judicial review emerged as a direct result of federalism and separation of powers umpiring by the Judicial Committee of the Privy Council (JCPC), which was Canada’s highest court from the adoption of the British North America Act in 1867 until Canada ended appeals to the JCPC in 1949. There was also, as Ran Hirschl would argue, an element of elite hegemonic entrenchment by imperial British colonial elites in the retention of the JCPC as the highest court of appeals in Canada from the creation of the Supreme Court of Canada in 1875 until Canada abolished appeals to the JCPC in 1949. Some Canadian elites tried and failed to end JCPC judicial review in Canadian cases in 1875. Canadian judicial review from 1867 to 1982 was exclusively concerned with federalism and separation of powers judicial umpiring because Canada had no constitutional Bill of Rights until 1982. There are thus two founding moments in the judicial review of legislation in Canadian history: firstly, the period from 1867 to 1982 when Canadian federalism and separation of powers law took shape as a result of federalism and separation of powers umpiring; and, secondly, the period from 1982 to the present, when the Supreme Court of Canada began vigorously enforcing the Canadian Charter of Rights and Freedoms. The emergence of judicial review from 1982 down to the present day is partly a rights from wrongs phenomenon, and it is partly the result of constitutional borrowing from the United States’s Warren Court.
The State of Israel
Authors: Calabresi Steven Gow
Published: May 2021

This chapter studies the emergence of judicial review in Israel, which is a rights from wrongs reaction to the Holocaust, Nazism, and Fascism. Israeli judicial review did not arise to fulfill a need for a federalism or separation of powers umpire, since Israel is a unitary nation-state without a separation of powers system. Israeli judicial review emerged in weakened form as a consequence of the Zionist mass mobilization, which led to the creation of Israel and to the issuance of Israel’s Declaration of Independence, as is explained by Professor Ackerman. Israeli adoption of written constitutionalism and of judicial review was probably, in part, a function of borrowing. I consider, and reject, Professor Ran Hirschl’s argument that Israeli judicial review originated as a power grab by a fading Ashkenazi Israeli elite. I think that proportional representation has resulted in so many political parties holding seats in the Knesset that the Supreme Court has much more power relative to the legislature than is the case in a G-20 nation with a parliamentary, unitary with an electoral system like Japan’s. I also think Israel’s common law heritage contributed to its adoption of judicial review.
Conclusion The American and Westminster Models
Authors: Calabresi Steven Gow
Published: May 2021

This concluding chapter identifies the four major causes of the growth and origin of judicial review in the G-20 common law countries and in Israel. First, the need for a federalism umpire, and occasionally a separation of powers umpire, played a major role in the development of judicial review of the constitutionality of legislation in the United States, in Canada, in Australia, in India, and most recently in the United Kingdom. Second, there is a rights from wrongs phenomenon at work in the growth of judicial review in the United States, after the Civil War; in Canada, with the 1982 adoption of the Canadian Charter of Rights and Freedoms; in India, after the Indira Gandhi State of Emergency led to a massive trampling on human rights; in Israel, after the Holocaust; in South Africa, after racist apartheid misrule; and in the United Kingdom, after that country accumulated an embarrassing record before the European Court of Human Rights prior to 1998. This proves that judicial review of the constitutionality of legislation often occurs in response to a deprivation of human rights. Third, the seven common law countries all borrowed a lot from one another, and from civil law countries, in writing their constitutions. Fourth, and finally, the common law countries all create multiple democratic institutions or political parties, which renders any political attempt to strike back at the Supreme Court impossible to maintain.
Texts after Terror
Authors: Graybill Rhiannon
Published: May 2021

It is widely recognized that the Hebrew Bible is filled with rape and sexual violence. However, feminist approaches to the topic remain dominated by Phyllis Trible’s 1984 Texts of Terror, which describes feminist criticism as a practice of “telling sad stories.” Pushing beyond Trible, Texts after Terror offers a new framework for reading biblical sexual violence, one that draws on recent work in feminist, queer, and affect theory and activism against sexual violence and rape culture. In the Hebrew Bible as in the contemporary world, sexual violence is frequently fuzzy, messy, and icky. Fuzzy names the ambiguity and confusion that often surround experiences of sexual violence. Messy identifies the consequences of rape, while also describing messy sex and bodies. Icky points out the ways that sexual violence fails to fit into neat patterns of evil perpetrators and innocent victims. Building on these concepts, Texts after Terror offers new feminist strategies and approaches to sexual violence: critiquing the framework of consent, offering new models of sexual harm, emphasizing the importance of relationships between women (even in the context of stories of heterosexual rape), reading biblical rape texts with and through contemporary texts written by survivors, and advocating for “unhappy reading” that makes unhappiness and open-endedness into key feminist sites of possibility. Texts after Terror also discusses a wide range of biblical rape stories, including Dinah (Gen 34), Tamar (2 Sam 13), Lot’s daughters (Gen 19), Bathsheba (2 Sam 11), Hagar (Gen 16 and 21), Daughter Zion (Lam 1 and 2), and the Levite’s concubine (Judg 19).
Fuzzy, Messy, Icky
Authors: Graybill Rhiannon
Published: May 2021

This chapter introduces a new approach to rape and sexual violence in the Hebrew Bible, asserting that sexual violence and rape are frequently fuzzy, messy, and icky. Fuzzy identifies the ambiguity and confusion that often surround experiences of sexual violence. Messy describes the consequences of rape, while also describing messy sex and bodies. Icky points out the ways that sexual violence fails to fit into neat patterns of evil perpetrators and innocent victims. Taking seriously these features of sexual violence, the chapter also proposes four new interpretive tactics: refusing to claim a position of innocence (drawing on Donna Haraway’s work), resisting paranoid reading positions (borrowing from Eve Kosofsky Sedgwick), tracing sticky affect (adapted from Sara Ahmed), and reading through literature. The chapter then applies these tactics to a rape text in Nahum 3.
A Grittier Daughter Zion
Authors: Graybill Rhiannon
Published: May 2021

Daughter Zion (Lam 1–2) is often read as a rape victim. Furthermore, and unlike most biblical victims of sexual violence, she has a voice in the text. As a result, there is a pronounced tendency in the scholarship to treat Daughter Zion as an ideal and praiseworthy victim/survivor. However, this representation is both problematic and contradicted by Daughter Zion’s own speech in Lamentations 1–2. In response, this chapter argues for Daughter Zion as a “gritty” survivor with a fuzzy, messy, and icky survival story. Her story is further illuminated when read together with other survivor texts, including Queering Sexual Violence (edited by Jennifer Patterson), Leah Lakshmi Piepzna-Samarasinha’s Care Work: Dreaming Disability Justice, and Carmen Maria Machado’s In the Dream House. Together, these stories form a “survivor archive,” building on Ann Cvetkovich’s description of queer and affective archives.
Introduction
Authors: Paga Jessica
Published: May 2021

This chapter provides an historical summary of the events in Athens in the Archaic period, including the rise and fall of the tyranny of Peisistratos and his sons, the period of aristocratic stasis that followed, and the eventual passage of the Kleisthenic reforms. Attention to the historical record reveals the tremendous degree of transformation in all aspects of Athenian society during the sixth and early fifth centuries B.C.E. It is this deep contextualization that facilitates a robust understanding of the changes in the built environment that occurred simultaneously with the changes in the sociopolitical structure of the polis. The chapter also outlines the rest of the book.
The Agora
Authors: Paga Jessica
Published: May 2021

This chapter focuses on the Athenian Agora, the civic center and marketplace of the polis. At the heart of this chapter is the issue of when the government buildings and functions shifted from the older Archaic Agora to this new area, and how the new buildings articulated the changed political landscape of the polis. This chapter progresses monument by monument. Three buildings in particular are highlighted—the Old Bouleuterion (Council House), the Stoa Basileios (magistrate’s office), and the Southeast Fountain House—due to their unique forms and decoration, their important functions for the polis as a whole, and their siting within the Agora. This chapter also considers the role of movement and sight lines within and around the Agora.
Becoming Jewish, Believing in Jesus
Authors: Carpenedo Manoela
Published: May 2021

This book investigates a growing religious movement fusing beliefs and rituals deriving from Charismatic Evangelicalism and Judaism. Unlike analogous phenomena found in the West, such as Messianic Judaism (where Jewish-born people identify as believers in Jesus) or Christian Zionism (Evangelicals who emphasize the role of the Jews living in Israel by embracing Zionist activism), it addresses a different dimension of this trend emerging from the Global South. Based on an ethnography conducted during 2013–2015 within a religious community in Brazil, this book explains why former Charismatic Evangelicals (with no Jewish background) are adopting Jewish tenets and lifestyles. Focusing particularly on women’s conversion narratives, it investigates the reasons why Brazilian Charismatic Evangelicals are embracing rules derived from Orthodox Judaism, such as strict dress codes, eating kosher food, and observing menstrual taboos, while believing in Jesus as the Messiah. The analysis indicates that Judaizing Evangelical communities should be understood as a revival seeking to restore Christianity. The incorporation of Jewish elements aims to rebuild the authenticity of Christianity while distinguishing them from Charismatic Evangelicalism and its perceived scriptural inaccuracy, moral permissiveness, and materialism. This revival also involves recovering a collective past. References to a hidden Jewish heritage and a “return” to Judaism are mobilized for justifying strict adherence to Jewish practices. Drawing upon a sociocultural analysis, this study examines the historical, theological, religious, and subjective reasons behind this emerging Judaizing trend in Charismatic Evangelicalism. This book also engages with the literature of religious conversion, cultural change, and debates examining religious hybridization processes.
Gender and Moral Transformation
Authors: Carpenedo Manoela
Published: May 2021

This chapter focuses on the gender dimension of the Judaizing Evangelical change in the lives of female converts. By focusing on women’s moral transformation processes through their adherence to Judaizing Evangelical ethos—modesty rules, menstrual taboos, ritual roles, and more—it describes how women’s agency is articulated in their transformation. In a context where religious rules are not inherited or socially enforced, the chapter explores the ways in which Judaizing Evangelical women are willing to be the bearers and creators of this new religious identity. The chapter also discusses the cultural assemblages and the “moral torment” involved in the dramatic religious change project of Judaizing Evangelical women.
Charlie Brown's America
Authors: Ball Blake Scott
Published: May 2021

Charles Schulz’s Peanuts was an unexpectedly political comic strip. While many people have come to identify Charlie Brown, Linus, Lucy, Peppermint Patty, and Snoopy with childhood and innocence, Peanuts regularly commented on the politics and social turmoil of Cold War America. From nuclear testing to the civil rights movement, from the Vietnam War to the feminist revolution, Peanuts was an unlikely medium for Americans of all stripes to debate the hopes and fears of the era. Charlie Brown’s America is the story of how the creation of one Midwestern man became one of the most influential pop-culture properties of the twentieth century and what its popularity reveals about the character of the United States.
You’re a Good Man, Charles Schulz
Authors: Ball Blake Scott
Published: May 2021

Charles Schulz’s early life in St. Paul, Minnesota shaped the world of Peanuts. Playing sports, doodling in class, and reading newspaper comic strips dominated his childhood. His life took an unexpected turn, however, as a young adult. His mother died from cancer and he was drafted to go fight in Europe during World War II. It was an intensely lonely period of his life. During this time he experienced a spiritual awakening and became an active participant in the emerging evangelical revivalist movement. Through practice and persistence, Schulz worked his way from local cartoonist to national phenomenon in a surprisingly short time.
Crosshatch Is Beautiful
Authors: Ball Blake Scott
Published: May 2021

In 1968, Charles Schulz made pop-culture history when Peanuts became the first national comic strip to racially integrate. This event was a long time in the making. Even in Schulz’s earliest works he experimented with racial commentary. But in 1968 a California teacher and mother wrote to Schulz to persuade him to introduce a black character in his comic strip. Through a series of passionate letters, Schulz finally created Franklin to honor the memory of Martin Luther King Jr. Franklin made a major splash in American culture, especially when he integrated the school classroom. Despite his best efforts, though, Schulz struggled to find a unique personality for Franklin and he ultimately failed to make the lasting difference in Peanuts that some fans had hoped.
Conclusion
Authors: Marx Heidi
Published: May 2021

Sosipatra’s life helps us to understand important facets of elite women’s lives in the late ancient world in general. The wealth of both Christian and non-Christian women allowed them a range of opportunities for being cultural and intellectual leaders. However, by the end of the fourth century, non-Christian women had to be more careful about their philosophical views and their leadership activities, as we see in the case of Hypatia of Alexandria. Similarly, diversity in Christian theologizing was also subject to critique and persecution. Sosipatra is one of the last female Platonists we have record of from the ancient world.
Poorly Understood
Authors: Rank Mark Robert , Eppard Lawrence M. , Bullock Heather E.
Published: May 2021

Few topics are surrounded by as many myths, stereotypes, and misperceptions as that of poverty in America. The poor have been badly misunderstood since the beginnings of the country, with the rhetoric intensifying in recent times. Our current era of fake news, alternative facts, and media partisanship has led to a breeding ground for all types of myths gaining traction and legitimacy. The time appears right to set the record straight. Poorly Understood is the first book to systematically address and confront many of the most widespread myths pertaining to poverty. It powerfully demonstrates that the realities of poverty are much different than the myths. In many ways, they are more disturbing. The book is divided into six sections. The first five sections examine a wide range of poverty myths, including who is at risk of poverty, why poverty exists, the costs of poverty, issues surrounding the welfare system, and the wider topic of economic inequality. Armed with the latest cutting edge research, Poorly Understood not only challenges the myths of poverty and inequality but also explains in the final section why these myths continue to exist, as well as providing an innovative blueprint for how the nation can move forward to effectively alleviate American poverty.
Poverty Spells Are Short but Frequent
Authors: Rank Mark Robert , Eppard Lawrence M. , Bullock Heather E.
Published: May 2021

Chapter 4 examines the dynamics of poverty spells. The time spent living in poverty tends to be of fairly short duration, generally less than 3 years. Poverty entrances and exits are most often caused by changes in employment status and financial resources, as well as changes in family structure and health status. While spells of poverty tend to be short, the likelihood of returning to poverty at some point during adulthood is high. In addition, the use of a social safety net program tends to be of short duration but frequent.
Along the Border
Authors: Cassibry Kimberly
Published: May 2021

A series of colorfully enameled metal vessels name forts along Hadrian’s Wall in Britain. They preserve creative responses to one of the empire’s most ambitious construction projects, a complex fortification system that was never represented in official art. Three well-preserved vessels have been recorded in England and northern France, and more fragmentary examples continue to be registered with England’s Portable Antiquities Scheme. The designs of this expanding corpus draw on six key elements: a vessel shape popular throughout the empire; enameling technology associated with the Celtic peoples of the empire’s northern lands; letters of the Latin alphabet; place names in the Celtic language; a fortified wall motif with precedents in Hellenistic court mosaics; and a triskel motif common in Celtic metalwork. These intricate portrayals conjure a place that was far more than a wall, while illustrating the entangled aesthetics of an evolving borderland.
By the Sea
Authors: Cassibry Kimberly
Published: May 2021

The Bay of Naples boasted not only a leading Mediterranean port, Puteoli (Pozzuoli), but also the imperial court’s favorite spa, Baiae (Baia). About a dozen glass bottles bear labeled images of these two waterfront cities. These cityscapes are unprecedented in the empire’s portable arts. As documents, they have proven useful to archaeologists parsing terrain disrupted by ongoing seismic activity and continuous occupation. This chapter connects their innovative designs to the empire’s broader visual culture, and then tracks their circulation beyond the bay to documented findspots in Ostia, Populonia, Emerita (Mérida), Asturica (Astorga), and Colonia Ara Claudia Aggripinensium (Cologne). The bottles’ complex communication facilitated urban comparisons: they are one way that people in one place might come to know another. They therefore gave viewers abroad a new sense of their own place in Rome’s globalized empire.
Introduction
Authors: Grint Keith
Published: May 2021

This chapter opens the debate about mutiny by considering the relationship between mutiny and leadership. Before considering the omnipresence of civil dissent, and the nature of power in military organizations, it explores leadership as a relational activity, rather than an individual competence, and suggests that, although the cases discussed are primarily historical, mutiny remains a permanent possibility. The rest of the chapter outlines the structure of the book, starting with a theoretical review of mutiny, followed by the various case studies: mutinies in revolutionary times; mutinies in the First and Second World Wars; mutinies after the First and Second World Wars; mutinies in Civil Wars; mutinies and ethnicity; dystopian and utopian mutinies; and mutinies against austerity. The final chapter reflects on the nature of the moral economy that underpins organizations and finishes by considering the role of individuals in mutinies.
Rethinking Mutiny
Authors: Grint Keith
Published: May 2021

This chapter begins with defining mutiny and exploring its origins. It considers the nature of military relationships across time before focusing upon the British Army Act (1955) and the American Uniform Code of Military Justice. The issues of mutiny as a collective act, and the active or passive role of those involved in mutinies, are used to illustrate the intricacies of the legal framework which then flows into using cases of mutiny on slave ships to highlight the importance of the historical context. The nature of sovereign power is then used to illustrate both the coercive control over military subordinates and the fragility of that very same coercion. This leads into the way the act of mutiny is socially constructed—in other words, what counts as ‘mutiny’ is a subjective not an objective construction. The chapter concludes with two sections, the first of which lists the ‘Refrains of Mutiny’: the patterns that recur across space and time, from the social construction of mutiny to the importance of establishing who the enemy is, the role of antecedence, the default response of the authorities, the importance of scapegoating, the omnipresence of the phenomena, the role of the heroic leader, the impact of serendipity, the relational nature of leadership, and finally the role of enthralment. The final section focuses on various explanations of mutiny, using material drawn from political revolutions and industrial relations to highlight the similarities and differences between these and mutinies, and relates such disputes to the difference between agonism and antagonism.
Dystopian and Utopian Mutinies
Authors: Grint Keith
Published: May 2021

Whilst most mutinies relate to wages, conditions, and discipline, some are rooted in far more radical ideas. The leaders of the Batavia mutiny in 1629 were as close to psychopaths as we are likely to meet in this book, and the events that occurred under their rule—and afterwards in their punishments—are positively vile. This in itself says something about the more conventional dreams of most mutineers across time, but some were much closer to a utopian idyll than a dystopian nightmare, and the mutineers on the Bounty in 1789 were surely in this category, choosing to abandon their captain and his supporters in the middle of the ocean and sail away to what they saw as a utopian island. That is not how the British Admiralty saw it, and, once Captain Bligh had undertaken his extraordinary feat of navigation and endurance, they hunted down the mutineers and meted out what they saw as justice. The final mutiny of this chapter, on the Soviet ship the Storozhevoy in 1975, is almost a replay of the Potemkin from seventy years earlier, in that the mutineers assume they will be the spark to a wider revolution, but they also completely misread the political situation and end up being extinguished.
Mutinies against Austerity
Authors: Grint Keith
Published: May 2021

The last empirical chapter considers mutinies under times of austerity, starting with the Chilean Navy and ending with the Invergordon mutiny of the British Royal Navy; both occurred in 1931. The first mutiny, called in response to drastic cuts in wages, terminates with Chilean attacks upon their own fleet, and there were calls to follow that lead in Invergordon. In the event the latter mutiny, also generated by wage cuts, is defused by reducing the cuts to wages and by dividing up the fleet—a classic tactic of the establishment that effectively separated the problems into individual ship’s cases that were much easier to discipline. And whatever the promises made to the various crews in Invergordon, the reality was that many ‘marked men’ were singled out and removed from the navy to prevent the spread of the political ‘contagion’.
The Divergence Argument
Authors: Ehring Douglas
Published: May 2021

In Chapters 1 through 4, the Divergence Argument is refined and assessed. According to this two-step argument, it can be demonstrated that identity does not matter in fission and from fission cases, and, perhaps, other “divergent” cases, we can generalize to all cases of survival. In Chapters 1 through Chapter 3, it is argued that identity does not matter in fission since all mappings of identity onto fission seem clearly to lead to this result. In Chapter 1 itself, four such mappings are examined: (1) the fissioner is identical to both fission products; (2) the fissioner is identical to neither fission product; (3) the fissioner is identical to the fusion of the fission products; and (4) the fissioner is identical to one, but not the other of the fission products. Given each of these options, the result is the same—identity does not matter in fission.
Generalizing from Fission
Authors: Ehring Douglas
Published: May 2021

In Chapter 4, the second step of the Divergence Argument is assessed. This second step consists in generalizing from fission, and, perhaps, other divergent cases, to the conclusion that identity never matters. Various positive rationales offered in support of this inference are examined. One such rationale involves positing cases of identity both without a certain relevant psychological/physical relation (Parfit’s M relation) and without what matters. But it is suggested that there no uncontroversial basis for positing the possibility of cases fitting this pattern. It is also argued that a rationale that appeals to simplicity does not take us to this general result. In addition, it is demonstrated that a further rationale that depends on the claim that the constitution relation between facts about identity and facts about psychological continuity is sufficient to ground this final inference is based on a principle that is subject to counterexamples. It is concluded that it is not plausible to think that the Divergence Argument for the claim that identity never matters is successful.
The Triviality Argument
Authors: Ehring Douglas
Published: May 2021

In Chapter 5, a line of argument for the thesis that identity never matters in survival that does not require the generalizing step of the Divergence Argument is developed. This is the “triviality argument” and it depends on the Non-Triviality Principle that dictates that the important cannot depend on the trivial. This argument successfully leads to the result that identity does not matter, but only as a component of a more far-reaching result, Survival Nihilism. It is demonstrated that various candidates for the relation that matters in survival are either highly implausible or do not satisfy the Non-Triviality Principle whether or not one adopts a reductionist and a non-reductionist account of personal identity.
Shifty Speech and Independent Thought
Authors: Simion Mona
Published: May 2021

This is an essay in epistemology and the philosophy of language. It concerns epistemology in that it is a manifesto for epistemic independence: the independence of good thinking from practical considerations. It concerns philosophy of language in that it defends a functionalist account of the normativity of assertion in conjunction with an integrated view of the normativity of constative speech acts. The book defends the independence of thought from the most prominent threat that has surfaced in the last twenty years of epistemological theorizing: the phenomenon of shiftiness of proper assertoric speech with practical context. It does four things: first, it shows that, against orthodoxy, the argument from practical shiftiness of proper assertoric speech against the independence of proper thought from the practical does not go through, for it rests on normative ambiguation. Second, it defends a proper functionalist knowledge account of the epistemic normativity of assertion, in conjunction with classical invariantism about knowledge attributions. Third, it generalizes this account to all constative speech. Last, it defends detailed normative accounts for conjecturing, telling, and moral assertion.
Introduction
Authors: Gasbarri Lorenzo
Published: May 2021

The introductory chapter presents the relevance of the topic in the framework of the practice of international organizations and existing legal scholarship. In particular, it describes how scholars and practitioners do not share a common understanding of what an international organization is and the consequences of this absence of agreement. The main claim is that in order to conceptualize international organizations we have to look at the characteristics of the legal systems they develop and the legal nature of their rules. Four main theses are presented: functionalism (international nature), constitutionalism (internal nature), exceptionalism (only some organizations develop internal rules), and informalism (only some rules have an internal nature). Finally, it sets up the aim of the book: to analyse different conceptualizations, to assess the existence of a general regulatory framework, and to provide a definition of the concept of an international organization in international law.
Functionalism
Authors: Gasbarri Lorenzo
Published: May 2021

Functionalism is conventionally considered the mainstream paradigm of the law of international organizations: organizations are agents of their member states by the means of a contractual relationship; the law created by international organizations is purely international law; the institutional veil is characterized by a crystallin transparency; the autonomy of the organization is minimal and only granted by a rigid conferral of competences and few implied powers; the conduct of member states acting in the institutional forum is relevant as a matter of international law. This chapter introduces the historical roots of this conceptualization and elaborates why under this perspective the rules of the organizations are purely international law. It describes the flaws of this theory, discussing the breach of institutional rules by the organization and the adoption of countermeasures against a wrongful act committed by a member state.
Poets, Patronage, and Print in Sixteenth-Century Portugal
Authors: Park Simon
Published: May 2021

Portugal was not always the best place for poets in the sixteenth century. Against the backdrop of an expanding empire, poets struggled to articulate their worth to rulers and patrons. Many of their works considered what poetry could do and what its value was. The answers that poets like Luís de Camões, Francisco de Sá de Miranda, António Ferreira, and Diogo Bernardes offered to these questions ranged from lofty ideals to more practical concerns of making ends meet. This book articulates a ‘pragmatics of poetry’ that combines literary analysis and book history with methods from sociology to explore how poets thought about themselves and negotiated the value of their verse. Poets compared their work to that of lawyers and doctors and tried to set themselves apart as a special group of professionals. They threatened their patrons as well as flattered them and tried to turn their poetry from a gift into something like a commodity or service that had to be paid for. While poets set out to write in the most ambitious genres, they sometimes refused to spend months composing an epic without the prospect of reward. Their books of verse, when printed, were framed as linguistic propaganda as well as objects of material and aesthetic worth at a time when many said that non-devotional poetry was a sinful waste of time. This is therefore a book about how poets, metaphorically and more literally, tried to turn poetry and the paper it was written on into gold.
Introduction
Authors: Allison Mark A.
Published: May 2021

The original goal of socialism in Britain was to supersede “politics” and achieve a non-governmental form of collective life. This Introduction argues for approaching the period between 1817 and 1918 as a “socialist century,” demarcated, respectively, by Robert Owen’s introduction of his first socialist “Plan” and the Labour Party’s adoption of its first constitution and party program. Adopting this approach brings into view a tradition of anti-political socialist activism that spans the century. But the particular purpose of Imagining Socialism is to disclose and elucidate the role the aesthetic concepts and modalities play in subtending the heterogeneous anti-political experiments it investigates. In so doing, this study reveals unexpected commonalities between what are often treated as discontinuous and even antithetical stages of socialist activity. The Introduction also elucidates this study’s central theoretical terms and defines its central object of study by distinguishing socialism from several adjacent traditions (including liberalism, civic republicanism, and Marxian communism). Finally, it argues that socialism is best conceived as a goal to be imagined, rather than a readymade ideological program to be imposed.
Self-Consuming Socialism
Authors: Allison Mark A.
Published: May 2021

This chapter provides a comprehensive reassessment of the most vocal advocates of socialism in Britain at midcentury, the Christian Socialists. In the revolutionary year 1848, a group of young professionals and clergymen resolved to address working-class discontent. Inspired by the egalitarian theology of their leader, the Anglican Divine Frederick Denison Maurice, they set out to “Christianize Socialism.” Refuting the oft-repeated claim that the movement was inauthentic because it discouraged working-class political engagement, this chapter’s analysis contextualizes Christian Socialist doctrine in light of scholarship on the diversity—and, in many cases, religiosity—of nineteenth-century socialism. Moreover, it reveals that the group’s signature anti-political undertaking, the sponsorship of cooperative workshops, the “Working Men’s Associations,” owes a quiet debt to Samuel Taylor Coleridge’s aesthetic philosophy. While maintaining that the Christian Socialists deserve to be taken seriously qua socialism, this chapter nevertheless identifies several deep-seated antinomies in their project. Through a reading of Charles Kingsley’s influential social problem novel Alton Locke: Tailor and Poet (1850), it explores the fundamental incongruities between not only the group’s Anglican Christianity and its socialism, but also its militant affect and resolutely moderate intentions. These contradictions doomed the movement to be a “self-consuming socialism”—an outcome eerily prefigured by Kingsley’s predilection for the topos of cannibalism. Finally, a brief coda considers the group’s legacy and impact on Britain’s “socialist revival” at the fin de siècle.
Utopian Socialism, Women’s Emancipation, and the Origins of Middlemarch
Authors: Allison Mark A.
Published: May 2021

This chapter demonstrates that George Eliot’s investigation of the early, “utopian” socialists catalyzed the writing of perhaps the most iconic of all Victorian novels, Middlemarch (1871–2). The utopian socialists (as Robert Owen, Charles Fourier, Henri de Saint-Simon, and their followers were increasingly known) frequently suggested that the transition to a new, nongovernmental social order hinged upon the emancipation of women. Their untimely calls for female liberation became newly salient with the coalescence, in the 1860s, of Britain’s first national campaign for women’s suffrage. This chapter’s reading of Middlemarch shows that socialist discourse provides Eliot a rich symbolic vocabulary with which to conduct her own novelistic investigation of the “Woman Question”—and to engage in a clandestine meditation on the claims of the suffragists. By incorporating socialist elements into her novel, Eliot could unobtrusively position herself in relation to the ideals and activities of this burgeoning movement—a movement in which a number of her closest friends were involved. Attending to Middlemarch’s socialist motif demystifies the novel’s shrouded origins and decodes a hitherto illegible record of Eliot’s proto-feminist aspirations which, like the early socialists’ own, were inextricably intertwined with skepticism about institutional politics. This chapter also provides a genealogy of “utopian socialism,” a category that has exerted a distorting influence on scholarship since Marx and Engels tarred their rivals with it in The Communist Manifesto.
The Mystery of Reference and Objective Representational Content
Authors: Taylor Kenneth A.
Published: May 2021

This chapter introduces the main themes and ambitions of the book and gives an overview of the content and organization of subsequent chapters. One of those ambitions is to explain how it is possible, for the vehicles of both language and thought, to be “semantically answerable” to the world—or, equivalently, to have objective representational content. In this chapter the problem, or mystery, of objective representational content is set out in some detail. The proposed explanation (“two-factor referentialism”) is outlined and contrasted with a fundamentally different rival approach. Various concomitant problems to be addressed are also articulated—e.g., concerning the relation between language and thought, the role of causation in the constitution of reference, the place of intentionality in the natural world, and the possibility of meta-cognition.
Prologue
Authors: Hayashi Brian Masaru
Published: May 2021

Did the OSS have a Trojan Horse in their midst? Joe Koide, a Japanese American recruit writing propaganda for Morale Operations of the agency, might have been a triple agent for the United States, Japan, and the Soviet Union. Kunsung Rie, a former employee at a Japanese consulate officer prior to the war, was now part of the Korean American team code-named Napko, in training to penetrate Japanese-occupied Korea in the summer of 1945. Lincoln Kan, a suave Chinese American, was a Secret Intelligence agent sent to Macao to gather intelligence prior to the Allied invasion of southern China. But he went missing for six months, only to fail to properly authenticate his identity to his superior officers at the headquarters. Had Kan been captured by the Japanese and turned?
Knowing Your Enemies and Allies: Research & Analysis and Secret Intelligence
Authors: Hayashi Brian Masaru
Published: May 2021

Asian Americans in Secret Intelligence had the right stuff. They were knowledgeable of the language, terrain, and local culture—skills necessary for the production of accurate intelligence assessments of the enemy, the local population, and the physical terrain. Some used open source materials; others gathered strategic and tactical intelligence behind enemy lines; a few in the Eastern Research Institute monitored radio traffic. Asian Americans also provided information on sites for aerial bombing or invasion during interviews, while others in Hawai’i were unaware that their correspondence with people in East Asia was recorded and given to the OSS to shed light on political factions surrounding the Chinese National government and the Korean independence movement. Penetration of Japan proper proved difficult; their network in Southeast Asia proved invaluable to the point that General Albert Wedemeyer made Secret Intelligence the pivotal agency for all intelligence in East Asia.
Countering Enemy Spies, Rescuing POWs, and Dealing with Collaborators
Authors: Hayashi Brian Masaru
Published: May 2021

Asian Americans joined X-2 (the counterintelligence branch) and were involved in spy hunts. They were not always successful, as the Japanese Mata Hari’s spy ring eluded capture. Yet Asian American like John Kwock were nevertheless effective in securing OSS facilities from penetration by Japanese and Chinese Nationalist agents under Tai Li. Their greatest contribution, however, came with the Allied POWs rescue operations for missions code-named Cardinal and Pigeon. They also took up war crimes investigations immediately after the cessation of hostilities. They looked into alleged collaborationist activities of their ethnic cohorts such as Nazi Germany and Imperial Japan’s radio propaganda broadcaster Herbert Moy, and others whose alleged activities were deemed treasonous by European American investigators such as Frank Farrell. With their expert knowledge of the local context in East Asia as well as the alleged traitors’ Asian American background, this provided them with a unique ability to assess these cases.
Epilogue
Authors: Hayashi Brian Masaru
Published: May 2021

Each of the three Asian American suspects were considered and then dismissed as the Trojan Horse within the OSS. The suspicion that the double agent was someone with a short family history in the United States was proven incorrect. Instead, the foreign agent inside the OSS was one whose family heritage traced back to the American Revolutionary War and whose ancestor signed the Declaration of Independence. Yet blame for the intelligence leakage to a foreign power ultimately rests on the FBI, the State Department, and the director of the OSS itself for their inadequacies in securing classified documents and ineptitude at counterintelligence.
Measuring Drug Value
Authors: Peter J. Neumann , Joshua T. Cohen , Daniel A Ollendorf
Published: May 2021

As healthcare costs increased around the world in recent decades, countries incorporated health technology assessment (HTA) into their decisions about which new technologies to pay for and how much they should pay. This chapter describes approaches for drug value assessment that are part of the HTA procedures in these countries, highlighting England and Wales’ National Institute for Health and Care Excellence, perhaps the world’s most visible HTA body. We then describe efforts since the 1980s to introduce HTA in the United States, including Oregon’s Medicaid experiment and the federally funded Office of Technology Assessment. The chapter explores the roots of resistance to these efforts, including the notion of American exceptionalism—the belief that personal and economic freedom is paramount and deep resistance to the idea of healthcare rationing. The resistance, explained at least partly by these factors, ultimately led to a scaling back of HTA in the United States.
Aligning Prices With Value
Authors: Peter J. Neumann , Joshua T. Cohen , Daniel A Ollendorf
Published: May 2021

Value-based pricing aims to optimize incentives for pharmaceutical companies making drug development investment decisions. To promote alignment of prices and value, this chapter recommends that Medicare, Medicaid, and commercial insurers build value assessment into their coverage decisions. Before doing so, it explores alternatives that purport to make this alignment unnecessary. The first, cost-recovery pricing, reimburses drug companies for only their costs, rather than for value. While cost-recovery prices can be low, they reward high internal costs rather than better drugs. Prizes and subscription plans pay a lump sum, rather than paying for each treated patient, but they still require value assessment to set the size of the prize or subscription fee. Radical alternatives suggest having the government develop new drugs. Whether the government would be effective remains unknown. Nonetheless, it would, like private companies, have to prioritize investments, requiring something like value assessment to do so.
Introduction
Authors: Martin Peter
Published: May 2021

Chinese diplomats play a crucial role as the face of the world’s second largest economy. They have become more assertive and even aggressive in recent years, leading some to dub them “wolf warriors.” This chapter explains how their recent behavior has deep roots in China’s political system, especially the desire of the PRC’s founding leaders to model the country’s diplomatic corps on the People’s Liberation Army. “Wolf warrior” behavior represents a recurring response to political tensions at home, which has manifested itself again and again during the history of the PRC. The chapter also introduces the book’s source base of the memoirs of more than a hundred retired diplomats and dozens of interviews.
Ambition Realized
Authors: Martin Peter
Published: May 2021

Within hours of the 9/11 terrorist attacks, China’s diplomats moved to improve ties with the United States. Spotting an opportunity to improve their country’s international image and influence as the United States became distracted by the Middle East, Beijing established important bilateral dialogues with countries around the world and invested in its soft power. China’s previous efforts to woo its neighbors after Tiananmen and especially after the 1996 Taiwan Straits also paid off. The period culminated with China hosting the 2008 Summer Olympics—the most significant moment of international validation for the regime since its founding. Beijing’s improved reputation was damaged, however, when it began to act assertively in the wake of the Global Financial Crisis.
Gendered Survival and Status
Authors: Hass Jeffrey K.
Published: May 2021

With men in the army or succumbing more quickly to starvation, women’s efforts were vital to the war effort and city survival. In large part this was due to pre-war skills and dispositions instilled in women: caregiving and breadseeking (finding scarce food). That women bore burdens of family survival also challenged dependency vis-à-vis men. Women also observed men succumbing to starvation, leading them to believe they were the stronger sex. Women also framed caregiving as patriotic duty, enhancing their sense of self-worth. Yet caregiving also reinforced their sense that they fulfilled themselves vis-à-vis an Other. Men sensed this shift in status; while many felt indebted to women, others belittled their efforts and characters. One manner in which Leningraders confronted shifts in gender statuses was commenting on resexualization after the peak of starvation had passed. In sum, gender shaped experiences of survival, which in turn reinforced the traditional gender order.
Valence of the Dead
Authors: Hass Jeffrey K.
Published: May 2021

Death was a Blockade constant, the dead a new anchor of valence. Perceptions and practices of the meaning of the dead, and of proper disposal, depended on social distance between the dead and an actor’s habitus (dispositions) and field. In the field of power (state and Party), officials perceived the dead as threats to the political order to be counted and disposed of expediently. In the field of labor and implementation, cemetery workers coded the dead opportunistically and entrepreneurially as commodities and objects of gain: e.g. negotiating prices (in money or kind) for disposal and commemoration. In the field of intimacy (kith and kin), actors close to the dead were guided by a moral economy of a dignified subject. Yet this logic faced a brutal contradiction: providing a dignified farewell required resources that could be invested in survival. This contributed to a sense of powerlessness and passive resistance to dehumanization.