bluuebunny/crossref_metadata_2025 huggingface dataset:
The Future of the Slovenian Welfare State and Challenges to Solidarity
Authors: Filipovič Hrast Maša , Rakar Tatjana
Published: August 2017

Social provision in Slovenia has pursued a gradual path of development towards a post-socialist model. The country faced a pronounced recession after the 2008 economic crisis, with a second recession in 2012. This was further exacerbated by political instability with a restructuring of left and right political coalitions. These pressures, coupled with an emphasis on austerity, led to structural reforms of the welfare system, which resulted in a step change in the reform process. This chapter considers future directions in welfare in Slovenia, using data from attitude surveys and analysing policy documents in order to examine current patterns of solidarity and division in support for different aspect of welfare state provision.
Modernization, Globalization, and Satisfaction with Democracy
Authors: Aarts Kees , van Ham Carolien , Thomassen Jacques
Published: August 2017

This chapter tests the validity of the major propositions of modernization and globalization theories. Modernization theory attributes legitimacy decline to the socioeconomic and cultural transformation of advanced industrial societies after the Second World War, leading to value change and cognitive mobilization among citizens, while globalization theory attributes legitimacy decline to the negative consequences of (economic) globalization for citizens of lower socioeconomic status in advanced industrial societies. This chapter evaluates the empirical evidence for the effects of individual modernization and of economic globalization on political support, differentiating between citizens of lower and higher socioeconomic status. Using Eurobarometer data on political support from 1973 to 2015, the authors show that political support in most countries has increased among both the higher educated and lower educated. To the extent that there is support for the globalization thesis, the increase in satisfaction with democracy has been less pronounced among the lower educated, generating a widening “satisfaction gap.”
Social Capital and the Development of Political Support in Europe
Authors: Hooghe Marc , Kern Anna
Published: August 2017

This chapter evaluates the claim that the decline of legitimacy is due to a decline of social capital. The idea that voluntary associations play an important role in establishing social cohesion and political support is a traditional insight in the field of political sociology. The basic assumption is that voluntary associations function as a training ground for democracy, where citizens involved acquire democratic norms and skills that they subsequently apply in their relation with the political system. If this argument is correct, political support should be at least partly influenced by citizens’ participation in civil society organizations. Using European Social Survey data from 2006 and 2012 the authors demonstrate that there is a clear and significant correlation between social involvement on the one hand and satisfaction with the working of democracy and political trust on the other, which largely survives the introduction of a range of control variables.
The Upright Posture: Its Current Standing
Authors: Gallagher Shaun
Published: August 2017

This chapter continues to develop the enriched conception of embodiment that fits an enactivist approach to cognition. It discusses recent biological and evolutionary theory concerning the upright posture and the role of human hands, which are free not only to reach and grasp, but also to contribute to the shaping of human rationality. The notion of affordance space can help to discriminate between what changes (of brain, body, environment) belong to evolution as opposed to development or culture, or individual experience. This analysis relates to the pragmatic concept of manipulatory area (Mead), which contributes to an understanding of the roles of tools, technology, and intersubjectivity in cognition.
What Is Grey about the “Grey Market” in Antiquities?
Authors: Mackenzie Simon , Yates Donna
Published: August 2017

The global market in antiquities has been described as a grey market. We provide a breakdown of the meanings and implications of this greyness. Usually the term refers to the mixing of recently looted antiquities with those that can be sold legally, thus the antiquities market is grey because illicit objects are sold via a public and purportedly legitimate network of dealers and auction houses. This is supported by a second form of greyness: the ethically grey status of individual looted objects after time and their passage through jurisdictions via multiple trades obscures or overwrites their illicit origins. It is also supported by a greying of ethical judgment, achieved through a discourse that permits the purchase of illicit objects in constructed circumstances of “saving” or “preserving” artifacts.
Shoddy, Fake, or Harmful
Authors: Endres Kirsten W.
Published: August 2017

In the late 1980s, after more than ten years of hostility, Vietnam and China resumed normal relations and reopened their border for trade. New livelihood opportunities opened up, drawing many lowland settlers to the region. This chapter details the illegal, semi-legal, and informal flow of goods across the Vietnam–China border and how Kinh small-scale traders and market vendors in Lào Cai City perceive and legitimize their smuggling and selling of contraband. It argues that the “illegal” economic pursuits of Lào Cai small traders must be seen as deeply entrenched in the imperatives of systemic corruption through which local state officials feel invested with the discretionary power to grant exceptions to the law in exchange for bribes. These arrangements ultimately trap traders within a “grey space” of uncertainty between the “light” of free trade, economic opportunity, and self-advancement, and the “darkness” of illegality, corruption, and arbitrary exercise of power.
The Inviolability of Diplomatic Agents in the Context of Employment
Authors: Rodgers Lisa
Published: August 2017

‘Ordinary’ employment contracts—including those of domestic servants—have been deemed to attract diplomatic immunity because they fall within the scope of diplomatic functions. This chapter highlights the potential for conflict between these forms of immunity and the rights of the employees, and reflects on cases in which personal servants of diplomatic agents have challenged both the existence of immunity and the scope of its application. The chapter examines claims that the exercise of diplomatic immunity might violate the right to a fair trial under Article 6 of the European Convention on Human Rights and the way in which courts have dealt with these issues. The chapter analyses diplomats’ own employment claims and notes that they are usually blocked by the assertion of immunity, but also reflects on more recent developments in which claims had been considered which were incidental to diplomatic employment (eg Nigeria v Ogbonna [2012]).
Contemporary Developments Relating to the Inviolability of Mission Premises
Authors: Falconi Puig Juan E
Published: August 2017

This chapter addresses some of the controversial issues relating to the inviolability of mission premises. The Yvonne Fletcher incident of 1984 led to debates about the need to upgrade or reform the VCDR in that regard; and the United Kingdom, as a direct consequence of the incident, adopted the ‘Diplomatic and Consular Premises Act 1987’ to be able to adopt unilateral measures to remove premises immunity where threats to national security, to public integrity and/or the need of urban planning exist. Domestic legislation of this kind, however, also provides ground for conflicts with the VCDR. This chapter explores conflicts between property immunity and issues such as access to justice, human rights, and terrorism and examines ways of overcoming such difficulties through mechanisms which safeguard diplomatic privileges and immunity to allow the pursuit of diplomatic functions.
The Non-Customary Practice of Diplomatic Asylum
Authors: Kovács Péter , Ádány Tamás Vince
Published: August 2017

This chapter focuses on the grant of diplomatic asylum. It provides an overview of the development of this legal institution in Latin American law and its consideration in the Haya de la Torre case, but it also reflects on incidents from the rich history of diplomatic asylum, reaching from the case of Cardinal Mindszenty to Julian Assange. The authors analyse legal arguments which were advanced on the various controversies surrounding diplomatic asylum, including the possible distinction between asylum on the one hand and shelter or refuge on the other, but also the impact of potential ‘extraordinary’ circumstances on the legality of asylum. This chapter also offers conclusions on the question whether the grant of asylum is to be considered an abuse of immunities or embraced by diplomatic tasks, and whether there are possible grounds precluding responsibility, if it were found to be the breach of an international obligation.
Legal Duties of Diplomats Today
Authors: Duquet Sanderijn , Wouters Jan
Published: August 2017

While scholarly discussion on diplomatic law tends to focus on privileges and immunities, the VCDR has also codified provisions on duties incumbent on individual diplomats—most notably in Article 41, which includes the duty to respect local laws and obligations, the duty of non-interference, and the duty not to use mission premises ‘in any manner incompatible’ with diplomatic functions. This chapter traces the development of the scope of individual responsibility since the entry into force of the VCDR. It investigates the nature of diplomatic duties and their significance on the basis of diplomatic law, but also local law and human rights law. It also assesses options available to receiving States to hold diplomatic agents to account and to increase respect for local regulations outside the field of judicial enforcement. Examples from State practice are used to illustrate the sanctions adopted by receiving States in this context.
The Duty of Non-Interference
Authors: Behrens Paul
Published: August 2017

The duty not to interfere in the internal affairs of the receiving State was not included in the original draft by the ILC’s Special Rapporteur, but was introduced through a later amendment. Given the significance which incidents of (alleged) interference had attained even then, this is a somewhat surprising development. In contemporary diplomatic relations, such charges play an important role and affect a wide variety of fields, ranging from criticism of the receiving State, human rights monitoring, support given to factions in that State, etc. This chapter explores the concept of interference, but it also reflects on legitimate interests on the side of the sending State which may allow (and even compel) a diplomatic agent to take measures which his hosts may consider interference. The chapter also suggests mechanisms, including the employment of proportionality, which are capable of mediating between the interests advanced on both sides of the divide.
Diplomatic Law Today
Authors: Behrens Paul
Published: August 2017

The last chapter examines the question whether the VCDR is indeed an unmitigated success story. It acknowledges the popularity of the instrument and the clarification it brought to several points of diplomatic law, but it also analyses difficulties that have arisen within its lifetime. These are based partly on the wording of the VCDR itself, but partly also on the need for a co-existence of diplomatic law and rules from other fields of international law, and partly also on technological and sociological developments which manifested themselves only after the entry into force of the Convention. The chapter concludes with a reflection on solutions which international law may offer to the current problems even today, but also on solutions whose adoption with effect for the future may protect some of the most important objectives of the VCDR, including the furthering of international peace and understanding.
Conflicts between Human Rights and the ECtHR
Authors: Smet Stijn
Published: August 2017

This chapter proposes a structured balancing test for the resolution of human rights conflicts. The chapter first critiques the European Court of Human Right’s ad hoc balancing approach to human rights conflicts. Analysis of a pair of concrete judgments—Obst v. Germany and Schüth v. Germany—illustrates the shortcomings of that approach. The chapter then proposes an alternative, structured balancing test. The structured balancing test, composed of a limited set of seven balancing criteria, relies on comparison of the relative strength of reasons in favour of conflicting human rights to determine which right should prevail in a given conflict. By doing away with contested balancing notions, such as ‘weight’ and ‘scales’, the structured balancing test also aims to overcome the incommensurability challenge to balancing. The test is finally applied to Obst and Schüth to illustrate how its use could improve the Court’s adjudicatory practice.
The Pope and His Electors
Authors: Pattenden Miles
Published: August 2017

This chapter explains who the cardinals were and how their priorities for the papacy evolved over the course of the early modern period. It is organized around discussions of how the cardinal developed as a concept and of the cardinals’ key relationships: with the pope himself, with their own families, with the Catholic faith, and with secular powers. The chapter explains how Italian elites colonized the papacy from the fifteenth century onwards, adapting it to serve their own political ends, and how this changed profiles and priorities within the Sacred College in the process. It discusses the impact of religious changes, in particular the spread of Protestantism, on cardinals and their spiritual mission, and shows how changes in the papacy’s international position impacted the cardinals’ perceptions of their role.
Conclusion
Authors: Pattenden Miles
Published: August 2017

This chapter summarizes the findings of the work as a whole and suggests some of the more general implications of those findings: for reassessing the papacy’s identity as an oligarchic regime, for rethinking how political elites approach decision-making and manage risk, and for re-evaluating the efficiency of elective monarchy as a form of government. It reiterates that the papacy’s elective system created problems that were collective rather than merely individual. Moreover, the cardinals, collectively or individually, could not always solve either kind of problem to their own satisfaction. The chapter’s final contention is that constitutions, however fluid and dynamic, do matter. Historians should always invest further in studying them and their effects on the behaviour of those who take part in political life.
Honours versus Money
Authors: Frey Bruno S. , Gallus Jana
Published: August 2017

Honours fulfil one of the most fundamental desires of human beings, to be recognized and held in esteem by others. There are thousands of awards in all areas of society: the state (orders), arts and media, sports, religion, the voluntary sector, academia, and business. The book presents empirical evidence using modern statistical techniques to argue that awards affect the motivation of recipients. They can significantly raise performance in different contexts (e.g. in academia, the voluntary and for-profit sectors)—even if they are purely symbolic. Overall, honours are shown to be a useful intervention, above and beyond monetary incentives in the form of pay-for-performance or bonuses. The book makes the case for reorienting our focus—away from the monetary or material dimensions of work and private life, and towards the symbolic dimensions to celebrate and shine a light on merit and achievement. This is the first book on the Economics of Awards; it integrates insights from economics, psychology, management, and political science.
Types of Awards
Authors: Frey Bruno S. , Gallus Jana
Published: August 2017

Awards serve to honour and motivate performance that goes ‘beyond the call of duty’ and thus indicates extra-role behaviours. Recipients may be persons, organizations, or even cities. Awards establish a special relationship between the recipient and the donor. Confirmatory awards are given based on clearly defined and observable achievements. They are similar to bonus pay. In contrast, discretionary award givers enjoy leeway in deciding whom to honour. This type of award acknowledges laudable behaviour ex post and is not a reward individuals normally expect to receive. Discretionary awards allow the givers to respond to the unexpected. Awards are highly appreciated by most recipients and, under most circumstances, are therefore in high demand. They signal appreciation and recognition, and may provide social status and entail material advantages. Awards may also raise the prospect of a more successful career and higher future income. There is an almost limitless demand for honours.
Honours as Signals
Authors: Frey Bruno S. , Gallus Jana
Published: August 2017

Awards are non-material and symbolic rewards, and do not necessarily have to go with money. Award givers may emit signals of quality, of intent, and of their beliefs. Managers can use the signalling functions of awards to subtly steer the behaviour of (present and future) employees, without having to recur to control through explicit, conditional incentives. Awards can also give rise to signalling failures. They have to be used with moderation, and they can rarely be substituted for money where money is already in place. If well designed, awards can raise intrinsic motivation, as the recipients are explicitly lauded when they receive the award. In comparison to money, awards tend to raise loyalty to the giver and avoid crowding out intrinsic motivation; moreover, they have a more sustainable effect on behaviour. They also remain visible in the future, creating a trophy value that maintains the awards’ salience and their signalling functions even over the medium and long term.
Meditation on the Move
Authors: Cooper David E.
Published: August 2017

Chapter 2 relates a mode of meditation with walking in natural environments. This mode is identified by drawing on texts from Coleridge, Bashō, Rousseau, and Thoreau. The style of meditation is a spontaneous, supple, and responsive mindfulness of the world through which one moves. The connection is noted between such meditation, in which Coleridge too engaged, and the ‘rambling’ or ‘wandering’ kind of thinking encouraged by the Daoist master, Zhuangzi. Relevant considerations of why walking in natural environments seems to be especially conducive to such meditation include rhythmic calm, and an ‘unselfing’ whereby, as Coleridge puts, it, ‘individuality is lost’ when immersed in the environments through which one walks. Finally, it is argued that meditation on the move is hospitable to certain conceptions of reality. In particular, it encourages a sense of the world as an integral whole that comes to presence for walkers as a mysterious ‘gift’.
Imagination and Truth
Authors: Scruton Roger
Published: August 2017

Chapter 5 reflects on Coleridge’s famous fancy–imagination distinction, which inspired the author’s own distinction between fantasy and imagination. The continuing relevance of Coleridge’s distinction lies in recognizing imagination as essentially truth-directed. Importantly, we can venture into the unreal with two quite different intentions—to become lost there, or to find ourselves. We can see the unreal world as a place of escape, fulfilling dreams in cost-free ways that set up channels of reward which so often lead to addiction and psychological enslavement (as in pornography). Or, we can see the world of the unreal as an imaginative construct for deeper epistemological purposes, to know through sympathy the varieties of human life, as life that could be ours. The term ‘imagination’ is reserved for this second approach. This imaginary is the unreal called to judgement by the real, in contrast with the pretence of reality in clichéd, sentimental, or kitsch fantasy.
Coleridge and Chemical Philosophy
Authors: Knight David
Published: August 2017

Chapter 6 begins the section on Coleridge’s contemplative worldviews, and chronologically follows Coleridge’s lifetime fascination with medicine as its focus shifted from anatomy, the analysis of structures, towards physiology, elucidating the processes of life. He believed that all sciences should progress from a static to a dynamic worldview, making them worthy of contemplation, feeding Reason rather than just understanding. Coleridge met Humphry Davy, whose dynamical researches on laughing gas and electrochemistry delighted him. Coleridge became a critic of science as well as literature, rejoicing as Davy isolated new metals, cast light on acidity, and invented the miners’ safety lamp. But after 1820 Davy turned haughty, and Coleridge deplored chemists’ empire-building as science became a professional career; while in medicine French materialism threatened the dynamic vitalism of John Hunter that Coleridge and his host James Gillman favoured. Sadly science, once so promising, looked decreasingly suitable for his kind of philosophical contemplation.
Contemplation and Philanthropy
Authors: Oishi Kaz
Published: August 2017

Chapter 8 assesses contemplation in Coleridge’s philanthropic thought in the 1810s. Even after his disillusionment with the French Revolution, Coleridge remained preoccupied with welfare issues such as destitution and the condition of labourers. His new stance towards national ‘well-being’ emphasizes the contemplative power of the human mind both in religious and secular spheres. The author describes how Coleridge developed contemplation in response to Robert Owen’s welfare and educational programmes as manifested in New View of Society (1813). Coleridge’s The Statesman’s Manual (1816) and A Lay Sermon (1817) can be read as a critique of Owen’s secular and empiricist notion of philanthropy. It is also significant that this contemplative ideal of ‘well-being’ serves as an antithesis to the Utilitarian concept of wealth under a laissez-faire economy. Coleridge’s contemplation as ‘a total act of the soul’ distinguishes itself as a unique politico-religious virtue in the context of the 1810s.
Coleridge and Conservatism
Authors: Hamilton Andy
Published: August 2017

Coleridge’s place in conservative and liberal traditions of thought is assessed in Chapter 9. In the decades after his death, Coleridge was regarded as a conservative. Mill saw him as a ‘Tory philosopher’; he viewed Coleridgean conservatism as some have seen Burke’s, as a Second, not Counter-, Enlightenment view. Burke does not figure as a conservative in Mill’s discussion. However, late nineteenth-century constructors of an ideology of English conservatism preferred to appeal to Burke’s scepticism about reason, while Coleridge’s philosophical prestige was waning. Coleridge’s affiliation with Continental-style ‘rational conservatism’ is also assessed. Competing conceptions of reason condition his rationalism. The picture is similar when one considers the relation between his conservatism and his radicalism. With every major conservative thinker—Burke, Coleridge, Oakeshott—this question of progressiveness versus conservatism arises.
The ‘Soul steady and collected’
Authors: McGhee Michael
Published: August 2017

Religion passes beyond the ken, the horizon, of reason, with faith its continuation, Coleridge tells us. Chapter 15 reflects on Coleridge’s illuminating metaphor of twilight, night, and the starry heavens to see how the experiential forms it draws on can affect our understanding of terms like ‘reason’ and ‘faith’. Tentatively suppressing those terms, it concentrates on the metaphor and the experience, to see where they lead without the leash of orthodox doctrine controlling the interpretation. Preserving ‘the Soul steady and concentered in its Trance of inward Adoration’ is the crucial experience. Twilight stealing into darkness and into night suggests progressing stillness, its associated concentration opening up a real prospect, the starry heavens, ordinarily concealed by the light of day and quotidian clamour. A reflection on Buddhist meditational traditions is included; concentration or samadhi as a condition of awakening, seeing things as they are, associated with ‘compassion’ or karuna.
The Will to Faith
Authors: Naohara Noriko
Published: August 2017

Chapter 16 explores Coleridgean contemplation as ‘an inward Beholding having a similar relation to the Intelligible or Spiritual, as sense has to the Material or Phenomenal’. Though the development of his religious thinking involves much conflict between rationalism and faith, Coleridge retained Christian spirituality and this definition of Reason indicates his confidence about the human mind intuiting God as spiritual substance. His idea of language is similar to St Augustine’s, and he thinks that human speech could denote the divine Word as Augustine shows in The Trinity. Coleridge suggests that the generative process of human language is guided by the Will longing for redemption by Christ. Reason will return towards God supported by the aspiring Will that would move towards the divine Word, or Reason in its objective sense. His theology is that of waiting on God and it shows us a significant guide to faith in a post-Kantian era.
The grammatical representation of commands and prohibitions in Aguaruna
Authors: Overall Simon E.
Published: August 2017

Aguaruna (Chicham) has a clear set of grammatical categories that are required for a verb to form part of an independent clause. These include aspect, tense, person, and mood. The formal marking of commands and prohibitions interacts with the tense and mood paradigms, and some of the imperative markers have clearly grammaticalized from the same source as a future tense marker. This chapter describes the formal markers of commands and prohibitions, their grammatical properties, and their extended functions in interaction. It also points out some formal features that commands and prohibitions share with interrogative and vocative marking, with the suggestion that such ‘addressee-oriented’ forms would be a fruitful area for future study.
Commands in Zenzontepec Chatino (Otomanguean)
Authors: Campbell Eric W.
Published: August 2017

This chapter presents Zenzontepec Chatino (Otomanguean, Zapotecan) data from naturally occurring discourse and describes the linguistic resources that speakers draw from to express a wide range of command types. Canonical imperatives, addressee-directed commands of basic force, are morphologically complex and display many forms for one category, determined by the inflectional class of the verb. In contrast, all non-canonical directives, those targeting first or third persons or the negative second person directives, are formally simple, all being expressed with Potential Mood inflection (one category for many functions). The full range of command forms and strategies is a reflection of Zenzontepec Chatino grammar more broadly, which has idiosyncratic and prodigiously complex inflectional morphology but formally simple and fluid syntax in discourse. The Imperative Mood category has been previously little studied in Zapotecan languages, and it offers insight into other aspects of the inflectional system and its history.
On the heterogeneity of Northern Paiute directives
Authors: Thornes Tim
Published: August 2017

The formal encoding of directive speech in Northern Paiute (W. Numic, Uto-Aztecan) is quite heterogeneous, despite the simplicity of bare verb stem, addressee-directed command forms. The language employs a range of grammatical constructions both to colour the force of a canonical imperative and to form non-canonical imperatives. This chapter addresses formal strategies that express directive speech in Northern Paiute with attention to pragmatic context in naturally occurring speech, in addition to preliminary comparisons with related languages and hypotheses around historical developments in Numic and beyond, placing the data in the context of a general typology of commands in the world’s languages. The use of aspect marking, deontic modality, and subordinating morphology is common. The ways in which aspectual morphology is deployed in Northern Paiute directives do not always follow patterns found in other languages. Of further interest is the evidence for a biclausal origin in the grammar of directive speech acts.
Conclusion
Authors: Stewart-Kroeker Sarah
Published: August 2017

This is a concluding reflection on how beauty and moral formation are integrally linked in Augustine’s pilgrimage image, as well as an exploration of the implications for interpreting Augustine’s moral theology. The book uses the peregrinatio image as its guiding lens. This reading of the peregrinatio image drew on Augustine’s understanding of the Platonists, of Christ, of moral formation, beauty, ecclesiology, and the order of love. The central bonds developed are between beauty, moral formation, Christ, and neighbor-love. The peregrinatio image draws these together by portraying the moral formation in Christ as a journey to the homeland initiated and sustained by relationships with beautiful beloveds—Christ and his members—sheltered within the tent of the church.
The Constitution of European Democracy
Authors: Grimm Dieter
Published: August 2017

Europe is in crisis. With rising unrest among citizens of European Union Member States exemplified by the UK’s decision to leave the European Union (EU), and the growing popularity of anti-EU political parties, this book presents the argument that Europe has to change its method of further integration or risks failure. The book asserts that currently the EU does not have enough sources of legitimation to uphold itself, surviving solely on the legitimation provided by Member States. One popular remedy is the suggestion of ‘parliamentarization’ of the EU, giving the European Parliament the powers typically possessed by national parliaments as a means of heightening its legitimation. This is criticized by the book as expanding the Parliament’s powers would not change the effects of over-constitutionalization as the Parliament is inferior to the constitution. In order to reduce the EU’s legitimacy deficit, the book makes several recommendations, including the re-politicization of the decision-making processes, which can be achieved by reducing treaties to the capacity necessary for their constitutional function; the reinvigoration of European Parliament elections, by having ‘Europeanized’ parties to increase engagement with European society and give voters the opportunity to more immediately influence European politics; and a new division of powers based on subject matter to restrain European expansionism, reserving particular areas of policy to the responsibility of Member States even if this affects the common market.
In Search of Acceptance
Authors: Grimm Dieter
Published: August 2017

This chapter argues that the European Union suffers from a legitimacy deficit and explains how it can gain acceptance from its citizens. In the beginning, there were good reasons for European integration. Approval was high, but that high approval has been lost. With respect to integration, the 1992 Maastricht Treaty marked the beginning of the EU’s weak acceptance. In the long run it fostered the spread of anti-European political parties. This chapter considers the various proposals aimed at bringing the EU closer to its citizens, including a full parliamentarization of the EU, before making its own recommendations: first, the European Parliament must be brought closer to the public; second, there must be clearer limits on communalization; and third, decisions with significant political implications must be re-politicized. The point is not to abandon constitutionalization, but to draw proper conclusions from the constitutionalization that has already taken place.
On the Status of the EU’s Democratic Legitimacy after Lisbon
Authors: Grimm Dieter
Published: August 2017

This chapter examines the status of the EU’s democratic legitimacy after Lisbon: the treaty, which forms the legal foundation of the EU, and the 2009 judgment of the German Federal Constitutional Court, which declared that the German law ratifying the treaty was compatible with the Basic Law, Germany’s constitution. One of the Lisbon Treaty’s declared goals is to strengthen European democracy. This chapter first considers the levels of creating and organizing European public authority and the exercise of European public authority before discussing the European Parliament’s limited role in terms of approving decisions. It then asks whether the notion that EU is democratically deficient is accurate, suggesting that the necessary degree of democratization in the EU depends on the scope of its powers and on the extent of its autonomy from the Member States. Finally, it explores the question of de-legitimation through Europe’s democratic deficit.
The Basic Law as a Barrier against a Transformation of the EU into a State
Authors: Grimm Dieter
Published: August 2017

This chapter examines how Germany’s Basic Law can prevent the transformation of the European Union into a state. It begins with a discussion of the German Federal Constitutional Court’s (Bundesverfassungsgericht) 2009 decision on the compatibility of the Lisbon Treaty with the Basic Law. In particular, it highlights the message of the Bundesverfassungsgericht’s judgment: that European integration will not be hindered by Germany but finds it limits in the Basic Law. It then explains why, on the side of the EU, the German Court puts so much weight on the treaty character of the EU’s legal basis and why, on the side of the Member States, much emphasis is placed on sovereignty. It also considers the question of whether Germany would be allowed to join a federal European state if its democratic legitimacy were at the level required by Article 79(3) Basic Law.
The Puzzle of Backbench Assent
Authors: Willumsen David M.
Published: August 2017

This chapter introduces the two aims of the book. First, how to measure the role played by policy preferences for achieving party unity in floor votes, that is, to what extent parliamentary parties are united because legislators in them agree with each other and disagree those from other parties. Second, how to explain the gap between the parliamentary floor voting unity expected based on preferences alone, and what is observed. In other words, why do MPs do not always vote their pure preferences? The chapter introduces the key question: Does this happen because of a desire for re-election and promotion, or because of the long-term benefits of belonging to the united party? The chapter then discusses the benefits, costs, and sources of party unity, and the insights that can be gained from studying attitudes to party unity.
Theoretical Framework
Authors: Willumsen David M.
Published: August 2017

This chapter sets out the theoretical framework of the book, and develops the hypotheses to be tested. It argues that the attitudes of MPs to party unity will be shaped by the career, electoral, and other political incentives they face, and so reflect the extent to which MPs’ experiences of the expectation to maintain party unity is positive or negative. It then develops three measurements of policy incentives to dissent in floor votes in multiparty legislatures, each corresponding to a different assumption about how MPs approach floor voting. Further, the chapter discusses the case selection and the quality of the data used in the book.
The Acceptance of Party Unity in Sweden, 1985 to 2010
Authors: Willumsen David M.
Published: August 2017

Analysing six waves of parliamentary surveys in Sweden, this chapter discusses the variation in the extent to which MPs have a reason to vote against their party based on policy preferences alone, and how this varies over time. The chapter argues that while preference homogeneity within parties consistently across time explains a substantial share of unity in Sweden, the parliamentary parties are not ideologically homogeneous enough to explain the voting unity observed, confirming the findings of the previous chapter. Analysing the drivers of attitudes to party unity, and confirming the findings of the previous chapter, the chapter finds that the most credible explanation of the very high levels of unity in the Riksdag is that MPs voluntarily choose to vote the party line due to the long-term benefits of doing so. The chapter then analyses around 200 answers to an open-ended survey question, confirming the findings from the quantitative analysis.
Introduction
Authors: Shoemaker David
Published: August 2017

This introduction to the fourth volume of Oxford Studies in Agency and Responsibility briefly discusses each of the new essays being published. The essays cover a wide range of topics relevant to agency and responsibility: free will, strength of will, the nature of intentions, practical necessity, shared agency, partial responsibility, criminal attempts, the forward-looking role of blame, responsibility for implicit bias, epistemic skepticism, forgiveness, regret, and protest. Approximately half the essays are on agency, and the other half are on responsibility, with different methodological approaches and emphases in the various essays. They represent some of the best cutting-edge work being done in the field.
Strong-willed Akrasia
Authors: Yao Vida
Published: August 2017

To act akratically is to act, knowingly, against what you judge is best for you to do, and it is traditionally assumed that to do this is to be weak-willed. Some have rejected this identification of akrasia and weakness of will, arguing that the latter is instead best understood as a matter of abandoning one’s reasonable resolutions. This paper also rejects the identification of akrasia and weakness of will, but argues that this alternative conception is too broad, and that weakness of will is best understood in relation to certain kinds of pain and pleasure. Moreover, the phenomenon of strong-willed akrasia, cases in which a person must exhibit strength of will to do precisely what she judges she should not do, suggests that strength of will is an executive virtue, and that being weak-willed is just one way (among others) in which a person can fail to manifest this virtue.
Entitlement to Reasons for Action
Authors: Roth Abraham Sesshu
Published: August 2017

The reasons for which I act are normally my reasons; I represent goal states and the means to attaining them, and these guide me in action. Can your reason ever be the reason why I act? If I haven’t yet taken up your reason and made it mine by representing it for myself, then it may seem mysterious how this could be possible. Nevertheless, the paper argues that sometimes one is entitled to another’s reason and that what one does is to be explained in terms of it. The case for this draws on aspects of the interplay between reasons and intentions in individual agency that have not received the attention they deserve. The paper closes by exploring the limits of interpersonal entitlement to reasons by formulating a hypothesis about which reasons one might be entitled to, and by considering how defeaters can undermine entitlement.
Responsibility, Regret, and Protest
Authors: Pereboom Derk
Published: August 2017

Is morality viable without the notions of desert, moral demand, and moral obligation, notions threatened by possible limitations in human abilities? This essay contends that it may well be. Instead of invoking desert, blame can be largely forward-looking, recast as appropriate moral protest, and aiming at protection, moral formation, and reconciliation. Moral demands in relationships can be re-envisioned as commitments deriving from care, and failure to act in accord with one’s commitments can be conceived as wrong in the sense that they are appropriately protested. Moral obligations can be reconfigured as axiological recommendations. Revision of morality poses risks, but it is argued that the changes envisioned are practically viable.
Explaining Away Epistemic Skepticism about Culpability
Authors: Björnsson Gunnar
Published: August 2017

Recently, a number of authors have suggested that the epistemic condition on moral responsibility makes blameworthiness much less common than we ordinarily suppose, and much harder to identify. This paper argues that such epistemically based responsibility skepticism is mistaken. Section 2 sketches a general account of moral responsibility, building on the Strawsonian idea that blame and credit relates to the agent’s quality of will. Section 3 explains how this account deals with central cases that motivate epistemic skepticism and how it avoids some objections to quality of will accounts recently raised by Gideon Rosen. But an intuitive worry brought out by these objections remains. Section 4 spells out this remaining worry and argues that, like traditional metaphysical responsibility skepticism, it has its source in a non-standard explanatory perspective on action, suggesting that strategies for explaining away the intuitive pull of traditional skepticism are applicable in this case too.
Greek and Egyptian Associations in Egypt
Authors: Paganini Mario C. D.
Published: August 2017

This chapter provides a critical analysis of Demotic and Greek sources concerning private associations of Hellenistic Egypt, putting them into perspective in order to overcome the traditional divide into Greek and Egyptian associations. Apart from language choice—which in the case of Greek does not necessarily imply specific cultural identity—associations in Egypt display no fundamental features to uphold the traditional view, which should therefore be discarded. This chapter argues that instead of being forcefully segregated into Egyptian and Greek, associations should simply be treated as ‘associations of Egypt’: they were embedded in the local society and culture, while at the same time also drew elements—exclusively or inclusively—from various cultural and associative traditions (Greek, Egyptian, as well as others besides).
Medicine between Cultures in the Hellenistic Fayum
Authors: King Daniel
Published: August 2017

This paper looks into the relationship between Greek medicine and Egyptian culture in Tebtynis. Cultural interaction in this context has often been interpreted from a perspective that privileges the status of Greek culture: Hellenistic medical treatises (and other texts) were imported to Tebtynis to ‘improve’ the local community and local health-care. This paper looks at two aspects of Greek medical culture at the site: theoretical Hippokratic treatises and pharmaceutical recipes. These medical documents were associated with the Egyptian community in the village, especially the famous sanctuary of Soknebtynis. Analysis suggests that these documents were part of a medical culture that transcended cultural or ethnic divides; there is, this paper argues, considerable evidence for the co-existence of Greek medicine and Egyptian religious practice and ritual life.
Aquinas on the Individuation of Substances
Authors: Brower Jeffrey E.
Published: August 2017

Aquinas has much to say about individuation over the course of his career. Although certain aspects of his views appear to undergo development, there is one aspect that remains constant throughout—namely, his commitment to assigning both prime matter and quantity an essential role in the individuation of substances. This paper examines the vexed issue of how either prime matter or quantity, as Aquinas understands them, could have any role to play in this context. In the course of doing so, the author attempts to put to rest a number of longstanding worries about the coherence of Aquinas’s views about individuation, as well as to draw out some of his broader commitments in metaphysics and natural philosophy that have yet to be fully appreciated.
Expertise as Trans-Situated
Authors: Nicolini Davide , Mørk Bjørn Erik , Masovic Jasmina , Hanseth Ole
Published: August 2017

The chapter contributes to the emerging understanding of expertise as social, relational, and material. The authors examine current views on expertise building in the study of an innovative medical procedure called Transcatheter Aortic Valve Implantation (TAVI). They find that expertise occurs in many locales concurrently—each with its own trajectory and history—and that expert activity feeds upon the connections established and maintained between locales. Accordingly, expertise is not so much distributed or relational as it is trans-situated. Being an expert implies not only being socialized and becoming versed in the local way of doing things, it also implies participating in, learning to navigate, and exploiting alternative potentially competing circuits of knowledge.
On Expertise and Embodiment
Authors: Dreyfus Hubert L.
Published: August 2017

This chapter discusses the role of the body in the constitution and development of expertise. It begins by briefly presenting the five-stage model of expertise, developed by Dreyfus and Dreyfus. The main argument here is that we acquire our everyday coping skills in five stages, going through which we develop increasingly refined discriminations in our everyday experience. The chapter then seeks a better understanding of the role of embodiment in skill acquisition and, for this purpose, turns to phenomenological thinkers like Heidegger, Merlau-Ponty, and Todes. Heidegger has very little to say about embodiment, while Merlau-Ponty accords the body an important role in perceiving and dealing with the world. The phenomenological account is concluded with exploring the work of Todes, for whom the particular structure and capacities of the human body provide culturally invariant conditions for the intelligibility of human forms of life.
The Embodied versus Embedded Versions of Expertise
Authors: Ribeiro Rodrigo
Published: August 2017

There is a long and unsettled debate between Hubert Dreyfus and Harry Collins regarding embodiment and its connection to expertise. On the one hand, Dreyfus—as an existentialist philosopher—puts emphasis on the phenomenological aspects of the human body and its implications. On the other hand, Collins—as a sociologist of scientific knowledge—stresses the sociological aspects underlying human expertise. To Collins, Dreyfus’ phenomenology is “asociological” while to Dreyfus, Collins’ sociology is phenomenologically “disembodied.” The purpose of this chapter is to disentangle the differences between the two positions and offer a solution to the debate. To this end, the author analyzes the attempt of automating human perceptual skill in industry through a “case study”: the automation of a ball mill. If automation is successful in replacing human beings and their bodies, the sociological view is correct and the phenomenological is wrong—and vice versa.
Body and Soul
Authors: Image Isabella
Published: August 2017

This chapter discusses Hilary’s dichotomous body–soul anthropology. Although past scholars have tried to categorize Hilary as ‘Platonic’ or ‘Stoic’, these categories do not fully summarize fourth-century thought, not least because two-way as well as three-way expressions of the human person are also found in Scripture. The influence of Origen is demonstrated with particular reference to the commentary on Ps. 118.73, informed by parallels in Ambrose and the Palestinian Catena. As a result, it is possible to ascribe differences between Hilary’s commentaries to the fact that one is more reliant on Origen than the other. Nevertheless, Hilary’s position always seems to be that the body and soul should be at harmony until the body takes on the spiritual nature of the soul.