bluuebunny/crossref_metadata_2025 huggingface dataset:
Introduction
Authors: Zeidman Lawrence A.
Published: June 2020

Despite knowledge since the postwar period and the efforts of neurologist Leo Alexander, the neuroscience community has been slow to recognize its involvement in the racial hygiene policies of the Third Reich. Part of this has been denial, but part of it protective of past perpetrators. However, since the popularization of medicine in the Nazi era in the 1980s, the fall of the Berlin Wall making previously unavailable patient data in the 1990s, and some astute articles in the neurology literature, neuroscience in the Nazi era has emerged as a scientific topic. Pioneering works by Shevell and Peiffer highlighted the unethical involvement of even famed German neuroscientists such as Julius Hallervorden. In the 2000s a growing body of literature has begun to show common threads between the exile of persecuted neuroscientists and the rise of increasingly destructive policies toward neurologic patients, and the exploitation of these patients for scientific research.
Close Reading as Performance
Authors: Howarth Peter
Published: June 2020

Rather than see close reading as just a means to protect the hypostasized text from its social mediation, this chapter proposes that we see it as one of the many ways in which, over the course of the twentieth century, art has moved from an affair of objects towards one of events, whose modus operandi is performance. In fostering this change, unintentionally or deliberately, close reading is actually moving in the same direction as the contemporary historicists, blurring the borders between art and its contextual medium. Returning close reading to its beginnings as the companion to a theory of modernist poetry may not help it sound less elite. But it will, as the chapter argues, make clearer how modernist poetry was partly aware from the start of the material conditions and social mediations of its reception.
Composing Peace
Authors: Bove Vincenzo , Ruffa Chiara , Ruggeri Andrea
Published: June 2020

The book explores how diversity in United Nations’ peace mission composition affects peacekeeping effectiveness. It identifies four key dimensions of composition: Blue Helmets’ field diversity, top mission leadership diversity (between Force Commander and Special Representative of the Secretary General), vertical leadership distance (Leadership-Blue Helmets), and horizontal distance with the local population. Each dimension of diversity of mission is measured as linguistic, geographical, and religious distance. Our book conceptualizes original mechanisms—i. resolve commitment; ii. informative trust; iii. informative communicability; iv. skilled persuasion—through which diversity can shape mission effectiveness such as trust, communicability, deterrence, and persuasion. It then evaluates each dimension separately through three pathway case studies—the UN missions in Lebanon, in Mali, and in the Central African Republic—and quantitative analyses based on a global dataset of peacekeeping operations deployed since the end of the Cold War. The book finds that diversity of Blue Helmets and diversity of top leadership may increase the mission’s capacity to reduce battle-field violence and civilian victimization. At the same time, the effects of diversity are contextual and contingent. In fact, looking at the relation between peacekeepers and Force Commanders, proximity between them is generally associated with better performances. Furthermore, homogeneity between local populations and peacekeepers, or low distance between them, is also related to low levels of hostility and casualties. This book crucially demonstrates why diversity of mission composition is a key variable to consider when trying to enhance peacekeeping effectiveness.
Diversity within Mission Leadership
Authors: Bove Vincenzo , Ruffa Chiara , Ruggeri Andrea
Published: June 2020

This chapter explores the issue of diversity within mission’s leadership: between the Special Representatives of the Secretary-General (SRSG) and the Force Commanders (FC). It asks how this affects operational performances. In three case studies, UNIFIL II, MINUSMA and MINUSCA, the chapter finds the presence of communication and coordination problems, mainly related to personalities rather than diversity. Occasionally, the problem was a lack of experience of leadership. Another issue that emerges is the difficulty of SRSGs to act as the principal in relation to security issues. Yet, with learning and expert advisors these dimensions can easily be overcome. The chapter then introduces new data on SRSGs and FCs for all the operations in the post-Cold War period. The quantitative analysis shows a negative correlation between diversity within a mission’s leadership and the level of civilian victimization and battle deaths. As such, diversity seems to have beneficial conflict reduction effects.
Diversity between Blue Helmets and Locals
Authors: Bove Vincenzo , Ruffa Chiara , Ruggeri Andrea
Published: June 2020

This chapter turns to the external dimension of mission composition and explores to what extent similarity between the peacekeepers and the local population matters for mission’s effectiveness. In the qualitative part, it finds that smaller cultural distances might imply the existence of shared norms, practices, and languages, and these qualities might simplify day-to-day interactions. Cultural proximity also affects the perception of impartiality and unbiasedness of the Blue Helmets. Turning to a large-N analysis, the chapter shows that greater diversity between the peacekeeping force and the host country’s population correspond to higher levels of violence against civilians and higher battle-related deaths. Therefore, optimizing peacekeeping deployments at lower levels of cultural distance seems to be beneficial in terms of mission performance.
Doris Lessing’s Evolutionary Epic
Authors: Hanson Clare
Published: June 2020

Chapter 1 reads Doris Lessing’s space fiction sequence Canopus in Argus: Archives as a critical response to the sociobiology controversy of the 1970s. It argues that Lessing deploys the Sufi theory of cosmic evolution to challenge the atomism and reductionism of neo-Darwinian sociobiology and draws attention to the parallels between Lessing’s reflections on the encounter between subject and world and the philosophy of A.N. Whitehead. It also argues that Lessing’s fiction undermines the stereotypes of race and sex which are associated with sociobiology’s genetic determinism. It is suggested that The Marriages between Zones Three, Four and Five offers a close analysis of the biosocial formation of gendered dispositions while the Canopus sequence as a whole underscores the co-implication of genetics, race, and empire, in the colonial past as well as in the intergalactic future.
Clone Lives
Authors: Hanson Clare
Published: June 2020

Chapter 4 focuses on fiction which responds to the prospect of human cloning following the birth of Dolly the sheep. Eva Hoffman’s novel The Secret deploys the trope of the clone to figure the sense of inauthenticity experienced by many second-generation Holocaust survivors and goes on to examine cloning’s potential to dislodge sexual reproduction as the cornerstone of the social order. Drawing on the work of Catherine Malabou, the chapter follows Hoffman’s representation of the clone as a figure portending the disruption of genealogy. Kazuo Ishiguro’s Never Let Me Go is read in the light of Giorgio Agamben’s theorization of ‘bare life’ and ‘states of exception’ and the novel’s clones are seen to represent those who are relegated to the category of bare life in contemporary global biopolitics, notably refugees and asylum seekers. The clones are also linked with Agamben’s understanding of the enigmatic relationship between the human and the animal and his concept of indifference and emphasis on a subjectivity which precedes the construction of identity and difference.
Postgenomic Histories
Authors: Hanson Clare
Published: June 2020

Chapter 5 explores literary texts which develop postgenomic perspectives. Margaret Drabble’s novel-memoir The Peppered Moth mobilizes neo-Lamarckian theories to challenge neo-Darwinian views of inheritance. In tracing the experience of social defeat and its impact across generations, it invokes a process close to transgenerational epigenetic inheritance, opening up questions about the biological transmission of social disadvantage. Jackie Kay’s memoir Red Dust Road also pushes against the limits of neo-Darwinian theory, demonstrating that nurture as well as nature can be somatically inscribed, anticipating research in epigenetics which demonstrates that experience can act as a cue for the modification of gene expression. It contrasts the love Kay receives in early life, which builds an enduring resilience, with the experience of racism associated with her brother’s adoption, which generates lasting insecurity. Catherine Malabou’s work on positive and negative plasticity illuminates these divergent trajectories.
Equity Is Not a Single Thing
Authors: Smith Lionel
Published: June 2020

In this chapter, I ask whether it is possible to identify the philosophical foundations of Equity as it was defined by Frederic Maitland: the body of rules and principles that were developed over the centuries by the Court of Chancery. My answer is that there is no single purpose, approach, philosophy, or norm that characterizes Equity so defined. What is characteristic about Equity is a unique manner comprehending the juridical nature of some obligations, which grew out of Equity’s regulation of uses and trusts. This approach reveals three dimensions. First, Equity requires that one who owes such an obligation perform it, if necessary by substitution; there is no option of breaching and paying compensation for loss caused. Secondly, these obligations are understood by Equity in a manner that has the effect of depersonalizing the burden of these obligations. In the civil law tradition and in the common law (in the narrow sense that excludes Equity), an obligation is a bilateral relationship. Equity’s unique philosophy in relation to some obligations turned them into something like property rights and created the office of trusteeship. Finally, Equity understood some obligations not as freestanding particles but as elements of a particular kind of relationship, and this relationship is capable of itself generating new primary obligations. All these elements taken together facilitated the creation of an enduring conceptual toolkit for the juridical apprehension of relationships in which one person acts for and on behalf of another.
Equity and Institutions
Authors: Harding Matthew
Published: June 2020

This chapter discusses the significant facilitative role that equity occupies. Among equity’s main concerns are institutions, understood as arrangements or frameworks for human action that have some distinctive normative identity and are oriented to some purpose or goal. The key example is the trust. Many core trust doctrines have been developed to ensure the integrity of the institution of trusts themselves, rather than to bring about remedial justice in the setting of adjudication. Moreover, in developing new forms of trust, courts in equity do not remedy but rather facilitate, making possible more options through which donors can express their intentions. In this way, equity serves a compelling view of liberalism, according to which a measure of the justification of state action lies in its contribution to a social, economic, and political order in which people are able to live autonomous lives. One mode of autonomy-enhancing state actions is the multiplication of institutional options from which persons can chose.
The Equity of the Statute
Authors: Edelman James
Published: June 2020

This concluding chapter focuses on the doctrine of the ‘equity of the statute’, according to which courts can go beyond the literal meaning of a statute—either narrowing or broadening—in order to avoid perverse results. It distinguishes between two versions of the equity of the statute: an older one in which some external standard of morality is brought to bear to override the normal operation of a statute; and a more modern version of the equity of the statute in which statutory language is interpreted in a contextual manner and construed with a view to its purposes. Famous examples of the equity of the statute, in both versions, can be found in courts’ treatment of the Statute of Frauds. Although traces here and there of the older—independently moral—version of the equity of the statute can still be found, the chapter argues on grounds of separation of powers, rule of law, and judicial legitimacy, that the modern view is defensible and desirable, whereas new applications of the older version would be neither. Similar issues of equity arise with respect to all other instruments, notably including contracts, wills, and treaties.
Lachish
Authors: Melman Billie
Published: June 2020

Focusing on one archaeological mound, Tell ed-Duweir, in the lowland region of Palestine, in the vicinity of Hebron, identified as biblical Lachish, the fortress city in the kingdom of Judah, Chapter 4 moves between London, the Tell, and its neighbouring villages. The chapter is a history of a landmark excavation, which uncovers the variety of its archaeological, biblical, anthropological, social, and political layers. Drawing on a wealth of written and visual materials at the Wellcome Institute, the British Museum Archives, the Israel Antiquities Authority, the National Archives, as well as on the press and archaeologists’ records, the chapter relates the identification of the Tell as Lachish, the discovery of the famous Lachish Letters (in pre-Exilic Hebrew), and their effect on Biblical Archaeology and epigraphy, to the rise of new fields of knowledge such as physical anthropology and anthropometrics. The chapter argues that the excavation project was regarded by archaeologists as a means of modernizing rural Palestine and the lives of Palestinian peasants and labourers. It recovers the modernizers’ daily life on the Tell and their representations of it in writing, photography, and documentary films. It also recoups the process of the Tell’s expropriation, as a historical monument, by the mandate authorities. Alongside the reports of archaeologists like James Leslie Starkey (who was murdered on his way from the Tell to the opening of the new Rockefeller museum in Jerusalem), Olga Tufnell, and Charles Inge, the chapter recovers the voices of villagers as they are heard through their petitions to the government about their denied access to the excavated land.
The Homer of Romancy-Writers
Authors: Moore Helen
Published: June 2020

This chapter’s title quotes Margaret Cavendish’s description of Amadis and it explores the return to prominence post-1660 of Amadis’s relationship to French, rather than Spanish, literary culture. Don Quixote’s ‘witty abusing’ of chivalric romance is tempered from the 1650s by the importation of heroic romance from French and the development of ‘serious’ romance which defines itself in opposition to its Iberian forebears. Amadis became part of the Restoration refashioning of antebellum literary culture partly thanks to English writers’ experience of exile in France and the Low Countries. After the Restoration, Amadis continued to be a popular reference point in comedies, as the archetypal text of ‘amour and adventure’ and a window onto the lost world of Caroline theatre. Behn’s Luckey Chance (1686) and Farquhar’s The Inconstant (1702) are representative of this refashioning of the literary past, while D’Urfey’s Don Quixote plays of the 1690s look back to Jacobean stage satire.
Demetrius the Besieger
Authors: Wheatley Pat , Dunn Charlotte
Published: June 2020

Demetrius the Besieger is a historical and historiographical biography of Demetrius Poliorcetes ‘The Besieger of Cities’ (336–282 BC), an outstanding, yet enigmatic figure who presided over the disintegration of Alexander the Great’s empire after 323 BC. His campaigns, initiatives, and personal life bestride the opening forty years of the so-called ‘Hellenistic’ age, and are pivotal in its formation. Son of Antigonus Monophthalmus ‘The One-Eyed’, who fought alongside Alexander, Demetrius is the most fascinating and high profile of the Diadochoi, or Successors to Alexander the Great, and he became the first of the Hellenistic kings. This work provides a detailed account of Demetrius’ life set in the historical context of the chaotic period following Alexander’s unexpected death. It examines his career as a general, a king, and a legendary womanizer, presenting both the triumphs and disasters experienced by this remarkable individual. Demetrius was especially famous for his spectacular siege operations against enemy cities, and gained his unique nickname from his innovation in building gigantic siege engines, which were engineering wonders of the ancient world. However, his life was a paradox, with his fortunes oscillating wildly between successful and catastrophic ventures. His intrinsic qualities were hotly debated by the ancients, and remain controversial to this day. What is indisputable is that his endeavours dominated a formative period marked by great flux and enormous change, and his dazzling persona supplies a lens through which we can understand Hellenistic history.
Evolutionary Consequences of the Urban Heat Island
Authors: Diamond Sarah E. , Martin Ryan A.
Published: June 2020

As humans continue to modify the climatic conditions organisms encounter, downstream effects on the phenotypes of organisms are likely to arise. In particular, the worldwide proliferation of human settlements rapidly generates pockets of localized warming across the landscape. These urban heat island effects are frequently intense, especially for moderate to larger sized cities, where urban centres can be several degrees Celsius warmer compared with nearby non-urban areas. Although organisms likely ameliorate the effects of warming through phenotypic plasticity, the evolution of thermally sensitive traits may be an important yet underappreciated means of survival. Recent work suggests the potential for contemporary evolutionary change in association with urban heat islands across a diverse suite of traits from morphology to physiological tolerance, growth rate, and metabolism. This chapter reviews and synthesizes this work. It first develops a comprehensive set of predictions for adaptive evolutionary changes in morphology, physiology, and life-history traits driven by urban heat islands. It then evaluates these predictions with regard to the burgeoning literature on urban evolution of thermally sensitive traits.
The Indo-Roman Pepper Trade and the Muziris Papyrus
Authors: De Romanis Federico
Published: June 2020

This book offers an interpretation of the two fragmentary texts of the P. Vindobonensis G 40822, now widely referred to as the Muziris papyrus. Without these two texts, there would be no knowledge of the Indo-Roman trade practices. The book also compares and contrasts the texts of the Muziris papyrus with other documents pertinent to Indo-Mediterranean (or Indo-European) trade in ancient, medieval, and early modern times. These other documents reveal the commercial and political geography of ancient South India; the sailing schedule and the size of the ships plying the South India sea route; the commodities exchanged in the South Indian emporia; and the taxes imposed on the Indian commodities en route from the Red Sea to the Mediterranean. When viewed against the twin backdrops of ancient sources on South Indian trade and of medieval and early modern documents on pepper commerce, the two texts become foundational resources for the history of commercial relationships between South India and the West.
Fragmentation in East Central Europe
Authors: Richter Klaus
Published: June 2020

The First World War led to a radical reshaping of Europe’s political borders like hardly any previous event. Nowhere was this transformation more profound than in East Central Europe, where the collapse of imperial rule led to the emergence of a series of new states. New borders intersected centuries-old networks of commercial, cultural, and social exchange. The new states had to face the challenges posed by territorial fragmentation and at the same time establish durable state structures within an international order that viewed them at best as weak and at worst as provisional entities that would sooner or later be reintegrated into their larger neighbours’ territory. Fragmentation in East Central Europe challenges the traditional view that the emergence of these states was the product of a radical rupture that naturally led from defunct empires to nation states. Using the example of Poland and the Baltic States, it retraces the roots of the interwar states of East Central Europe, of their policies, economic developments, and of their conflicts back to deep in the First World War. At the same time, it shows that these states learned to harness the dynamics caused by territorial fragmentation, thus forever changing our understanding of what modern states can do.
Yet Another Wire Entanglement
Authors: Richter Klaus
Published: June 2020

This chapter looks at the effect of territorial fragmentation, starting from the level of the local economy. Subsequently, it traces its repercussions to international politics, which led to the formation of a new international image of East Central Europe as inherently fragmented and particularistic. The chapter assumes a multi-dimensional approach to the creation of new borders between Silesia and Estonia through military developments, through bilateral, multi-lateral, or international dynamics, and puts a strong focus on local agency, e.g. in the case of merchants, who were among the most important agents to mitigate the impact of borders and re-establish severed networks. Moreover, the chapter explores how the proliferation of borders and scepticism concerning territorial size shaped a highly normative and pessimistic international discourse about the survivability of the new ‘small states’, which many regarded to be merely provisional states sooner or later to be reintegrated into recovering Germany and Russia
Dig Peat!
Authors: Richter Klaus
Published: June 2020

The chapter examines national policies to economically empower the titular nations and thus establish a national merchant class. It argues that these policies bore rather different results: the marginalization of minorities and the creation of states that were major economic agents. It explores how attempts of foreign powers to exploit the new Polish and Baltic states economically interacted with the emerging governments’ efforts to take control of the region’s raw materials from the disintegrating commercial monopolies of the German occupation. Using the example of timber and flax trade, the chapter retraces how territorial fragmentation spurred distinct policies that shaped states within East Central Europe, but also an international image of the region: the collapse of sovereignty spurred the commercial engagement of outside powers, which in turn contributed to domestic efforts to secure sovereignty, seal off the territory, and organize commerce within the titular nations.
The Land of the Enemy
Authors: Richter Klaus
Published: June 2020

This chapter focuses on policies to overcome the effects of fragmentation at a domestic level. It takes German wartime practices of expropriation as a point of departure to investigate forms of property redistribution over the course of the 1920s. Land reform acts formed the most comprehensive and successful policy to empower the titular nations and structurally integrate the different parts of the states’ territories. It traces the interaction of local experiences of expropriation with the League of Nation’s Minority Section and with broader international discussions about the changing nature of property norms and the relationship of property and territory. Disenfranchised ethnic Germans relied on German nationalists, who used the case of land reform to promote a revision of the East Central European territorial order. Yet National Socialism, the land laws of which surpassed their counterparts in Poland and the Baltics regarding their radical character, ultimately made this support impossible.
Frame setters and microvariation of subject-initial Verb Second
Authors: Greco Ciro , Haegeman Liliane
Published: June 2020

The chapter focuses on V3 patterns in West Flemish in which a subject-initial non-inverted V2 clause is preceded by an adverbial adjunct which modifies temporal or modal coordinates of the associated clause, in apparent violation of the V2 constraint. The pattern is not available in many other varieties of Dutch, including Standard Dutch. The chapter summarizes the main distributional and interpretive properties of the initial constituent, focusing on, among other things, the fact that for its interpretation, the initial adjunct cannot be reconstructed to a clause-internal position. On the basis of the distributional and interpretive properties of the initial constituent, it is argued that these V3 patterns are in line with V2 syntax because the initial constituent is extrasentential. The chapter develops the discourse syntax for main clause external constituents and argues that the micro-variation observed can be captured by the hypothesis that there is micro-variation between Standard Dutch and West Flemish in terms of the derivation of subject-initial V2 root clauses.
Multiple Feature Inheritance and the phase structure of the left periphery
Authors: Branigan Phil
Published: June 2020

Left-peripheral cartographic structures pose a challenge to phase theory models incorporating Feature Inheritance. This chapter effects a reconciliation of the different approaches that is based on the idea that Feature Inheritance can apply multiple times from the same phase head. A new model of Germanic Verb Second word order results, in which the displaced verb always occupies a phase head position, but the position itself may vary in different syntactic contexts. The model derives the strong Verb Second island effect in Germanic languages from phase theoretic principles. It is thereby shown that phase theory complements, rather than conflicts with, cartographic theory.
Reconstructing the rise of Verb Second in Welsh
Authors: Meelen Marieke
Published: June 2020

Verb Second orders are only found in the Middle Welsh period: Old and Modern Welsh mainly exhibit verb-initial patterns. This chapter shows how the V2 orders developed by carefully reconstructing their syntactic history from earlier patterns with hanging topics and focused cleft constructions in Old Welsh and related Celtic languages. It provides a syntactic reconstruction of the V2 structures with preverbal functional particles a and y. These C-particles played a pivotal role in relative clauses as well and can be traced back to pronominal elements in Proto-British, the predecessor of Welsh, Breton, and Cornish. It is argued that these relative particles in the C-head are the result of Spec-to-Head reanalysis of pronominal phrases and that a similar reanalysis of the adverbial phrase *ed ëthusí yielded CVSO orders. During the next stage, the relative clauses in clefts were reanalysed as matrix clauses with V2 order and a process of rebracketing integrated hanging and dislocated topics followed by CVSO into the matrix CP with V2 order as well. These developments resulted in the extension of IS functions for the sentence-initial constituents (beyond original contrastive focus) and a generalized on the C-head.
Verb Second in Norwegian: Variation and acquisition
Authors: Lohndal Terje , Westergaard Marit , Vangsnes Øystein A.
Published: June 2020

This chapter provides an overview of the micro-variation in Norwegian when it comes to Verb Second (V2) word order, both in the various dialects and in the two standard written varieties of Norwegian. The variation is dependent on a number of factors, including clause type, type of initial element, and information structure. This overview demonstrates a rich inventory of micro-systems, raising the question of how children come to acquire such fine-grained patterns. The chapter addresses this question by providing findings from acquisition research and discusses what this considerable micro-variation and coexisting grammars tell us about the architecture of the human language faculty.
Europe's Passive Virtues
Authors: Zglinski Jan
Published: June 2020

This book investigates the phenomenon of deference to Member State authorities in EU free movement law. It enquires into the decision-making latitude which the European Court of Justice grants national institutions by means of two deference doctrines: the margin of appreciation and decentralized judicial review. At the same time, it sheds light on a number of broader developments in European law. These include changes in the intensity of judicial review, the relationship between centre and periphery, the interaction between political and adjudicative processes, and the division of powers between EU and Member State courts. Drawing on an original data set of free movement cases from 1974 to 2013, the book examines how and which decisions the Court defers to national institutions. It tests the impact of twelve variables on the practice of judicial deference. The results reveal that free movement law and the internal market have substantially changed over the past four decades. The Court has scaled down its involvement in and reduced its control over Member State affairs. The book argues that these new-found ‘passive virtues’ are linked to the legal, political, and institutional changes that have taken place in the EU.
Accountability in EU Security and Defence
Authors: Moser Carolyn
Published: June 2020

This book offers the first comprehensive legal analysis and empirical study of accountability concerning the EU’s peacebuilding endeavours—also referred to as civilian crisis management. Since 2003, the EU has launched more than twenty civilian missions under the CSDP in conflict-torn regions in Eastern Europe, the Western Balkan, sub-Saharan Africa, the Middle East, and South East Asia with the aim of restoring stability and security. Mission mandates cover a broad range of multidimensional tasks, such as border monitoring, rule of law support, police training, law enforcement capacity building, and security sector reform. In light of these numbers and tasks and given (recent) alarming insights from practice, it begs the question who is accountable (to whom) for the EU’s manifold extraterritorial peacebuilding activities. With a view to answering this question, this book combines tools of legal scholarship with insights from political science research, both in analytical and conceptual terms. The thorough analysis of the law and practice of political, legal, and administrative accountability in civilian CSDP leads to the following conclusion: when scrutinizing the institutional and procedural framework set out by law, the accountability assessment is sobering, but when approaching it from a practice angle, the verdict is promising—in particular as regards accountability at the EU level.
Unpacking the Civilian Dimension of EU Security and Defence
Authors: Moser Carolyn
Published: June 2020

This chapter introduces the policy context (international security architecture) and the policy area (EU foreign affairs, security, and defence) of civilian CSDP, and moreover provides an in-depth study of the policy tool of EU peacebuilding (civilian crisis management). The chapter explores in particular the delegation dynamics at work, which have produced the distinctive legal, institutional, and operational environment of the CFSP and CSDP. The analysis demonstrates that civilian CSDP is intergovernmental in conception, but Europeanized through practice. Next to unravelling the idiosyncratic governance features of civilian CSDP, the chapter provides a detailed overview of the main actors in EU civilian crisis management. Moreover, peacebuilding activities are demarcated from other external activities of the EU (ie development and AFSJ activities). The chapter closes with legal arguments and pragmatic considerations that highlight the importance of accountability in EU civilian crisis management.
Accountability: A Complex Concept for a Compound Policy Tool
Authors: Moser Carolyn
Published: June 2020

This chapter unpacks the conceptual and analytical framework of this book on accountability in EU security and defence. Accountability is first delineated as a corollary to holding (public) power and conceptualized as a three-stage mechanism. In a further step, accountability is contextualized in the particular setting of international relations, characterized by executive governance, which is the habitat of EU peacebuilding activities. The chapter then turns to accountability catalysts and inhibitors, namely institutional design, the accountability architecture, and information-sharing modes. Subsequently, the chapter offers a taxonomy of accountability in civilian CSDP by mapping actors and potential fora, both at the strategic and operational level. Prior to outlining the overall research agenda of this study, the chapter addresses analytical and practical challenges for (studying) accountability in the subject area, notably the restrictive information disclosure policy regarding EU security and defence matters.
Administrative Accountability: Separate but Complementary Fora
Authors: Moser Carolyn
Published: June 2020

This chapter is dedicated to administrative accountability regarding the civilian dimension of EU security and defence. It first decorticates the administrative environment of civilian CSDP. The scrutiny covers institutional, legal, and procedural components (reporting lines and attribution schemes, disciplinary arrangements, etc). The chapter then outlines the small role national authorities play in administrative accountability. Thirdly, the assessment concentrates on the role of the European Ombudsman as a quasi-judicial accountability forum for both individual complaints and overall administrative questions. The evaluation of the Ombudsman’s role is followed by a study of the dual function of the European Court of Auditors, which simultaneously fulfils an auditing and a consultative function. Finally, the chapter discusses the complementarity of the Ombudsman and the European Court of Auditors.
Civilian Crisis Management in an Accountability Crisis?
Authors: Moser Carolyn
Published: June 2020

This chapter brings all the findings of this volume together. The point of departure was the finding of a de jure–de facto discrepancy regarding peacebuilding activities carried out under the CSDP: while the formal institutional and procedural features of EU peacebuilding are fundamentally intergovernmental, its administrative and operational realities have become Europeanized. This development prompts the question to what extent the transfer of powers by Member States to Brussels-based EU civilian crisis management structures has been matched with the establishment of appropriate accountability mechanisms at the European level. With a view to answering this interrogation, the chapter provides a concluding overview of existing accountability arrangements—political, legal, and administrative in nature—from both a de jure and a de facto perspective. The core finding is that while there is a considerable accountability deficit existing in law, this deficit has incrementally been countered by practice. As a result of this de facto readjustment of accountability, checks and balances are stronger at the EU than at Member State level, and individuals have de facto better—even though not perfect—judicial and administrative redress options at the supranational level. The conclusions further sketch out lessons learned, both for theory and practice, and provide an outlook on accountability in (civilian) CSDP.
The EU Automated State Disassembled
Authors: Curtin Deirdre
Published: June 2020

The use of automated personal information collection systems by states has gradually succeeded more traditional and ad hoc ways of collecting, storing, and processing information. At the same time, interoperability as a system of relations between different state authorities at different governance levels in the European Union and involving data collected for different purposes cumulates and exacerbates problems of accountability and transparency. This chapter goes beyond a discussion of how accountability has evolved for certain distinct institutions and actors, such as, for example, Europol, to highlight the fuzziness and disconnection with accountability mechanisms that result from the collection, sharing, and use of shared data both at the European level and at the joined-up national level. Shoehorning interoperable databases into existing forms of individual legal protection is unlikely to provide a satisfactory and permanent solution. In making visible the missing link between information and existing accountability forums, a conversation can hopefully begin among public lawyers on how to link information provision within the contours of more assembled accountability structures in the future.
The Non-Existence of the Real World
Authors: Westerhoff Jan
Published: June 2020

The book is concerned with the existence of the real world, that is, with the existence of a world of objects that exist independent of human interests, concerns, and cognitive activities. The main thesis defended is that we have good reason to deny the existence of such a world. The discussion is concerned with four main facets of assuming a real world: (a) the existence of an external world of physical objects in space and time; (b) the existence of an internal world, comprising various mental states congregated around a self; (c) the existence of an ontological foundation that grounds the existence of all the entities in the world; and (d) the existence of an ultimately true theory that provides a final account of all there is. I argue specifically that: (a) we should reject the postulation of an external world behind our representations; (b) the internal world is not as epistemically transparent as is usually assumed, and there is no substantial self acting as central unifier of our mental lives; (c) there are good reasons for adopting an anti-foundational account of ontological dependence; and (d) ontology, and philosophy more generally, must not be conceived of as providing an ultimately true theory of the world.
Introduction
Authors: Mangham Andrew
Published: June 2020

An outline of the way in which the nineteenth century invented the idea of hunger as a physiological and material phenomenon whose radical epistemological powers were constructed across literature, medicine, and physiology, this Introduction seeks to offer an outline of how the book’s reading of the social-problem novel will draw on the methodologies associated with literature and science, new materialism, and somatic (bodily) or anthropological realism. It also introduces how the social novels of Kingsley, Gaskell, and Dickens promoted the development of knowledge and sympathy through both an emphasis on the material sufferings of the starving and a detailed analysis of what it means to go hungry, and to observe and to write about it in a way that seeks to be truthful.
Defining the Scope of the Hearsay Rule in Criminal Cases: A Comparative Perspective
Authors: Choo Andrew L-T
Published: June 2020

This chapter offers, from a comparative perspective, a consideration of possible approaches to defining the scope of the hearsay rule in criminal cases. In The Principles of Criminal Evidence (1989), Adrian Zuckerman called for a more flexible approach to criminal hearsay doctrine than that prevailing in England and Wales at the time. Some three decades later, the major common law jurisdictions retain rules that have the effect, broadly speaking, of presumptively excluding hearsay evidence in criminal cases. There has been considerable judicial and academic focus in recent times on issues associated with the exceptions to such exclusionary rules. This chapter examines a related question that, although fundamental, has attracted far less attention and remains relatively under-explored: what is, and what should be, the precise scope of the rules that presumptively exclude hearsay evidence in criminal cases? It is noted that the decision of the Supreme of Court of Canada in R v Baldree (2013) offers a radically different approach to this question from that taken in the Criminal Justice Act 2003 (England and Wales), the US Federal Rules of Evidence, the Australian uniform evidence legislation, or the Evidence Act 2006 (New Zealand). In the light of a consideration of the approaches taken in various jurisdictions and the implications of these approaches, the chapter concludes that the Canadian approach provides the most sensible basis for possible reform. Some suggestions on the way in which the relevant law in England and Wales might be reformed are also offered.
Common Law Principles and the Expression and Use of Forensic Evidence in Criminal Cases
Authors: Ligertwood Andrew
Published: June 2020

The presentation of expert forensic science evidence in rigorous statistical terms raises the question of how lay fact-finders (judges and jurors) might employ such evidence to prove events in issue. Can this simply be left to the common sense of fact-finders or should the law provide further guidance about how they should reason in applying the criminal standard of proof? Should courts demand that witnesses who give statistical evidence express that evidence in a particular form? This article examines the non-mathematical nature of common law fact-finding and its embodiment in the presumption of innocence principle underlying the criminal standard of proof. It argues that forensic scientists present evidence in a form that makes transparent the risks of error so that, in determining satisfaction of the accused’s guilt having regard to all the evidence before it, the fact-finder considers the reasonable possibility of doubts necessarily left open by statistical evidence.
Controlling Recoverable Costs
Authors: Jackson Rupert
Published: June 2020

The chapter reviews the system of fixed recoverable costs in Germany, noting its obvious benefits although that system cannot be transplanted to England and Wales. The chapter argues that in the English context the best we can do is to fix recoverable costs in lower value cases. The chapter summarizes the author’s recent work in this field and sets out his proposals for introducing fixed recoverable costs in lower value cases in England and Wales. Those proposals are currently under consideration by the government, following a recent consultation.
Inherent Jurisdiction and the Limits of Civil Procedure
Authors: Sime Stuart
Published: June 2020

This chapter considers the modern scope and limitations on the use of the court’s inherent jurisdiction in common law jurisdictions. It considers the underlying juridical basis for the jurisdiction, and the underlying theories, namely that residuary powers were vested in the High Court in England and Wales by the Judicature Acts, and that all courts have inherent powers to prevent abuse of process. It considers the ramifications of the distinction between inherent jurisdiction and inherent powers. Changes in the legal landscape since the seminal articles by Master Jacob and Professor Dockray, including the codification of civil procedure in many common law jurisdictions, and modern understanding of the rule of law and the separation of powers, are considered. It is argued that while existing applications of the inherent jurisdiction should be retained, it is no longer acceptable for the English High Court, and equivalent courts in other jurisdictions, to generate new procedural law by resorting to the inherent jurisdiction.
Asymmetric Violence and the State of the Field
Authors: Renic Neil C.
Published: June 2020

This chapter reviews the literature addressing the challenge of radical asymmetry, with a particular focus on gaps in the research. The most significant of these is the consistent failure of existing sources to engage the principle of reciprocal risk in a theoretically and historically rigorous way. This chapter then outlines the methodological response of this book. It will first determine the extent to which—amidst the change and variance of the history of war—a thread of reciprocal risk has endured as an underpinning assumption in both the warrior ethos and Just War Tradition. Alongside this, the book will undertake a more specified analysis of the asymmetry-challenges of military sniping, manned aerial bombing, and UAV-exclusive violence.
Conclusion
Authors: Renic Neil C.
Published: June 2020

This concluding chapter revisits the main contentions of the book. This will commence with an overview of the significance and implications of the moral challenge of radical asymmetry. The broader relevance of these findings for ongoing debates within the Just War Tradition and laws of war will then be detailed. This will include analysis of the likely impact of the widening gap between what is morally justifiable on the battlefield and what is the legally permissible. The chapter will conclude by assessing how the challenge of radically asymmetric violence is most likely to develop from this point onwards, as the technology that enables it proliferates globally.
Branding and Consolidation in the Global Beer Market
Authors: Madsen Erik Strøjer
Published: June 2020

The liberalization of trade turned on a wave of cross-border M&A after the turn of the century that dramatically increased the concentration of ownership in the global beer market, where the four largest breweries now serve close to 60 percent of the market. The chapter looks at the motivation behind these changes in corporate ownership and the pay-off to the breweries and their owners. The breweries spend a large amount of money promoting some of their lager beer as premium beer, and as consumers perceive it as high-quality beer, they are willing to pay a high price premium for the branded beer. We estimate the price premium for branded beer and relate it to the rapid change in the ownership structure in the beer market.
Educating Palestine
Authors: Furas Yoni
Published: June 2020

Educating Palestine tells the story of an emergent educational and historical discourse in Mandate Palestine as a space of negotiation between colonial administrators, pedagogues, teachers and students, one of essential importance to the formation of the Palestinian and Zionist (imagined) national self-portrait. It traces and delineates a genealogy of Palestinian pedagogic and historical knowledge through a combination of oral history, students’ journals and extensive archival work in the Zionist, Israeli State and Hagana archives. It intimately portrays its protagonists, teachers and students, emphasizing the encounter between them and the written text and the encounter between them and the national Other.Through an analysis of history textbooks, history syllabi and the history lesson, Educating Palestine investigates the way in which the old-new politics of identity in turbulent Palestine wrote itself into the past and literally change history. The incorporation of Arabic and Hebrew sources and a juxtaposition of the two education systems allows to highlight the reciprocal relations between the two. The book explores the continuous scrutiny and imagination of the national Other of both Hebrew and Palestinian pedagogues and its role in the crystallization of their national pedagogy. It argues that the evolution of education in Palestine stems from this interdependency.