bluuebunny/crossref_metadata_2025 huggingface dataset:
Fair and Equitable Treatment
Authors: Ostřanský Josef
Published: December 2023

This chapter asks how fair and equitable treatment (FET)—a legal standard that played, at best, a supporting role for much of history—has become foreign investors’ most popular weapon in investment treaty arbitration. FET is the most controversial and far-reaching standard under investment treaties, comprised of language that is particularly indeterminate. It is also the standard most often invoked by arbitral tribunals to find states in violation of an investment treaty. The chapter revisits the debates about the origins of the standard and outlines how current arbitral practice related to FET and the protection of foreign investment is guided by a value framework that projects suspicion towards state intervention going beyond market inducement and correction of market failures. Recent debates are highlighted on the standard’s elements that have proven controversial in scholarship, practice, and policy-making: legitimate expectations, legal stability, arbitrariness, and transparency. The chapter concludes with an analysis of related trends in treaty-making and arbitral practice. It is argued that treaty-making and ISDS practice should change with respect to FET, but that such change has been minimal and is unlikely to develop as needed due to the existing dispute settlement model.
Umbrella Clauses
Authors: Odumosu-Ayanu Ibironke T.
Published: December 2023

This chapter provides a critical reading of the origins and purpose of umbrella clauses. Its analysis of contemporary arbitral jurisprudence highlights conflicting interpretations of umbrella clauses. The chapter demonstrates that such clauses serve as a mechanism for the depoliticization of investment law with a view to bringing contracts into the framework of investment treaties. The process serves to legitimize often-problematic domestic arrangements and facilitates engagement with those contracts outside of the domestic spaces of contestation. After tracing their origins and examining the conflicting arbitral jurisprudence, the chapter argues for a reimagination of international investment law without umbrella clauses. It is also acknowledged that the elimination of umbrella clauses does not fully respond to the marginalization of local communities. Ultimately, the chapter advocates a turn to a more robust contract regime which can respond to the complex relationship between states, investors, and affected communities.
Conclusion: Containing the Pernicious Regime of Investment Arbitration
Authors: Sornarajah M.
Published: December 2023

If multinational corporations and their home states lack the ability to use force to conquer, as their predecessors did, they can still exercise control over the economies of other states by other means. International investment law serves this purpose by maintaining norms that favour these actors. Dispute settlement based on investment arbitration lacks the requisite neutrality to adjudicate investment claims impartially. Instead, investment arbitration has fostered a culture of investment protection. Even with so-called ‘balanced’ treaties, the new factors that are supposed to be considered rarely limit arbitral discretion. Instead, as the Eco Oro v Colombia award illustrates, environmentally unsound development can be used to justify damages for the investor. Tinkering with the regime will not address its main flaws. As long as its standards of treatment and current means of dispute settlement are intact, the regime will continue to produce suffering.
Racist Dogwhistles
Authors: Saul Jennifer Mather
Published: December 2023

This chapter explains how racist dogwhistles allow politicians to play on voters’ racial resentments in a stealthy manner, which is necessitated by widespread acceptance of the rather woolly Norm of Racial Equality. Overt Code dogwhistles function like a secret code, transmitting a norm-violating message to a group that is happy to receive this message and a norm-compliant cover message to the group that would be alienated by norm violation (e.g. neo-Nazis using “88” as code for “Heil Hitler”). Covert Effect dogwhistles play on their target audience’s racial resentments without their awareness, affecting them unconsciously (e.g. the term “government spending” is known to activate White Americans’ racial attitudes outside their awareness). The chapter also takes up further issues, such as unintentional dogwhistles, and dogwhistles that have become widely known. It argues that dogwhistles play an important role not just in transmitting racist messages, but also in magnifying division and distrust between groups.
Figleaves, Dogwhistles, and Falsehood
Authors: Saul Jennifer Mather
Published: December 2023

In this chapter, I explore the role that figleaves and dogwhistles play in the spread of falsehood and wildly implausible conspiracy theories. I begin from the Norm of Truthfulness, a woolly norm that is widely accepted, which functions in a manner similar to the Norm of Racial Equality. I show how dogwhistles and figleaves are used to provide deniability for violations of this norm. This allows blatantly false claims to remain circulation, and provides cover for political figures who might otherwise see their careers ended by their support for wild falsehoods.
Dogwhistles, Figleaves, and the Fight against Racism and Blatant Falsehood
Authors: Saul Jennifer Mather
Published: December 2023

This chapter takes up the question of what to do about dogwhistles and figleaves, which I have argued are so effective in spreading blatantly racist and false discourse. It canvasses a variety of possible solutions, arguing both against the simplistic solution of simply pointing out the norm violation; and against the simplistic solution of simply ignoring it. It shows that dogwhistles and figleaves pose important additional challenges for existing interventions like social media moderation and accuracy nudges. Instead, it argues that we need to institute a program of inoculation—but that this must be based in good empirical evidence about what will work, evidence that we don’t (yet) have. At this point the best we can do is to raise awareness and begin research on how to intervene most effectively. And we must do so with the awareness that this is only a small part of a much larger battle.
The Role of International Law in Development: An Introduction
Authors: McCorquodale Robert
Published: December 2023

This chapter introduces the role of international law in development. It explains that international law and the rule of law are the foundations of the international system, where the rules are essential preconditions for lasting peace, security, economic development, and social progress. The sustainable development goals (SDGs) and social and environmental frameworks of key institutions determine the degree of influence international law has within development. The chapter considers how international law significantly changed its scope and depth over the past decades. It clarifies that SDGs are not legally binding, but they are soft laws intended to change behaviours through implementation in policies and activities and increase international trade.
The Case for International Law Due Diligence in the Development Context
Authors: McInerney-Lankford Siobhán
Published: December 2023

This chapter explores the idea that public international law is of central importance to sustainable development. It considers the relevance and applicability of international law norms to particular sectors and issues implicated in development activities. Treaties offer a binding accountability standard grounded in existing international legal obligations. International legal accountability derived from treaties can add value to sustainable development. The chapter discusses the challenge of regime interaction and the fragmentation of international law in the context of development and development law. It also looks into the nature and complexity of the interaction between development law and other international law regimes.
The Role of International Law in Development Practice
Authors: Pronto Arnold N
Published: December 2023

Why are the lawyers here? This is a refrain sometimes heard in the corridors and meeting rooms in which ‘big-picture’ policy discussions on matters of global concern, such as sustainable development, are held. There is value in taking the time to ponder the answers to that question. This chapter will limit itself to two modest assertions. First, that law does have a role to play, and that such role is rooted in the regulation of societal complexity. Second, building on the first, that there is strength in diversity of thought and experience. In order to make a meaningful contribution, international law (and international lawyers) should embrace the multidisciplinary approach and engage with others already occupying the space. This might also mean on occasion letting go of the traditional guardrails and adapting the legal technique with a view to finding novel solutions to novel problems.
International Investment Law
Authors: Kriebaum Ursula
Published: December 2023

This chapter elaborates on the development of international investment law within the broader context of international law. It mentions that sustainable development considerations are increasingly present in foreign investment law. International investment law deals with the protection of foreign investment while aiming to promote development and protect foreign investments. The chapter cites the importance of tribunals using methods provided for in the Vienna Convention on the Law of Treaties that took sustainable development-related concerns into account. It notes that recent investment awards offer elaborate criteria on how to deal with regulatory measures, referencing the usage of the fair and equitable treatment standard and questions of expropriations.
The Relevance of International Law to Sustainable Development
Authors: McInerney-Lankford Siobhán , McCorquodale Robert
Published: December 2023

This chapter tackles the relevance of international law to sustainable development. It notes that regime interaction and fragmentation present fundamental challenges to how different elements of international law, sustainable development, and governance interact. A range of factors influence the form, content, and operation of sustainable development and development law. One underemphasized factor is public international law. This book demonstrates the relevance and applicability of international law rules to a variety of policy areas and issues. This chapter analyses the relationship of international law to sustainable development and makes a proposal for international law due diligence as a means to ensure that relevant and applicable rules of international law are assessed, analysed, and taken into account by development actors, including states and non-state actors.
Newman and Justification
Authors: Holtzen T. L.
Published: December 2023

This book examines John Henry Newman’s via media ‘doctrine of the justifying Presence’ in the Lectures on Justification. It contends that Newman put forth his via media doctrine of the justifying presence by employing a trinitarian grammar of divine inhabitation in which the Holy Spirit is the formal cause of justification as a solution to the Reformation debate over justification. Newman sets his via media of justification between the extremes of justification by ‘mere imputation’ in ‘popular Protestantism’ and that of justification by works-righteousness in ‘English Arminianism’ and ‘Romanism’. The word ‘justification’ means both being declared and being made righteous because the eternal Word is spoken into the soul by the Holy Spirit in justification. Newman identifies this with ‘the gift of righteousness’ (Rom 5:17) and calls it the ‘doctrine of the justifying presence’. The justifying presence is an imparted righteousness, in distinction from both the Protestant notion of imputed and Roman Catholic idea of inherent righteousness. The justifying presence comes through the sacraments, creates faith in the human soul, and begins a renewal in good works, all of which in different ways justify. The divine inhabitation of the Holy Spirit in the soul is the formal cause of justification by causing a duplex iustitia of both Christ’s imputed righteousness and by beginning an actual righteousness in renewal. Newman’s via media ‘doctrine of the justifying presence’ has great ecumenical promise because it shows how the trinitarian grammar of justification necessarily causes renewal through divine inhabitation.
Newman’s Lectures on Justification
Authors: Holtzen T. L.
Published: December 2023

Chapter 2 examines the historical reason for the Lectures on Justification. Newman wrote them in reply to a controversy caused by Pusey’s Tract 67, ‘Scriptural Views of Holy Baptism’. At issue was the opposition of justification by faith to baptismal regeneration. Following Pusey, Newman thought the two were compatible, and so justification cannot be separated from renewal. He identified a tendency in evangelical Anglicanism to separate justification by faith from renewal as justification by ‘mere imputation’. Newman wrongly called this ‘Lutheran’ because of its historical affinity with Lutheran antinomianism in the Majorist controversy. Yet, Newman thought that Melanchthon agreed with Anglicanism because he did not separate justification from renewal. The Lectures are part of Newman’s larger attempt to construct an Anglican via media. To create his via media doctrine of the justifying presence, Newman relies on the patristic and trinitarian grammar of union with Christ by the Holy Spirit.
Newman’s Via Media of Justification
Authors: Holtzen T. L.
Published: December 2023

Chapter 3 shows how Newman sets his via media of justification between two extremes present in the life of the English Church. One extreme is justification by mere imputation, which Newman associates with evangelical Anglicanism or ‘popular Protestantism’, while the other is justification by obedience, which is found in English Arminianism and in ‘Romanism’. Newman opposes both extremes with their accompanying erroneous tendencies toward antinomianism and Pelagianism. Neither teaching is problematic by itself. However, when either are treated ideologically as ‘a leading idea of a theology’, then it truncates the gospel. Newman believed Lutheranism did this with its teaching that justification sola fide is ‘the article by which the church stands or falls’. Most attempts to understand Newman’s via media of justification have wrongly concluded that it is a historical via media not an ideological or conceptual one between the extremes present in the life of the English Church.
‘The Doctrine of the Justifying Presence’
Authors: Holtzen T. L.
Published: December 2023

Chapter 5 examines Newman’s teaching that the justifying presence consists in ‘the gift of righteousness’ (Rom 5:17). Unlike Luther’s separation of the grace of Christ from the gift of the Holy Spirit in his interpretation of Rom 5:15–17, for Newman there is a single gift in justification—Christ’s righteousness given to the soul through the Spirit’s inhabitation. Through the Spirit the soul receives Christ’s imparted righteousness, which differs from the Roman Catholic idea of grace as a created quality, because it causes a subsequent renewal in actual righteousness. Newman describes actual righteousness as ‘adherent’ since it adheres to the divine presence as its origin and source. Justification belongs to the mission of the Spirit who brings Christ’s atonement to the soul through the sacraments. As Christ is justified by the Spirit in his bodily resurrection, so too the human is justified by the Spirit through a resurrection in holiness.
Justifying Faith, Sacraments, and Works
Authors: Holtzen T. L.
Published: December 2023

Chapter 6 examines in what sense faith, sacraments, and works all justify. The Homilies teach that faith has a unique ‘office’ in justification as both the internal hand that receives the grace given outwardly by the sacraments and as a symbol of justification by Christ alone. In distinction from both Lutheranism and Roman Catholicism, the Homilies teach justifying faith is ‘lively’, that is, a ‘faith working through love’. What differentiates justifying faith from that of the devils’ is not the fact of belief, but how faith subsists. Since justifying faith cannot be separated from love or other virtues, in different ways the sacraments, faith, and good works all justify. Creeds, rituals, and good works are not forms of pseudo-Jewish legalism, but the means for acts of faith done by God’s prior grace. Popular Protestantism is guilty of legalism by replacing faith subsisting in the virtues with conversion experience.
Ecumenical Prospect
Authors: Holtzen T. L.
Published: December 2023

Chapter 8 examines the ecumenical prospect of the Lectures of Justification in light of four recent developments in the theology of justification which share Newman’s concern that justification is inseparable from renewal: the New Perspective, Rahner’s soteriology, the Joint Declaration, and McCormack’s transformative forensic justification. Newman, like the New Perspective, holds that good works are not antithetical to justification by faith, but necessary for salvation. Similar to Newman’s teaching that the divine presence causes actual righteousness, Rahner thinks that the priority of uncreated over created grace through the Spirit’s inhabitation means justification causes renewal. Newman, like the Joint Declaration, asserts that union with Christ by the Holy Spirit in baptism means justification causes renewal. Sharing Newman’s concern that forensic justification is a legal fiction, McCormack argues for a transformative forensic justification by effective divine imputation in which justification causes renewal. Each development thus shares Newman’s concern that justification causes renewal.
Contract and Unjust Enrichment
Authors: Swain Warren
Published: December 2023

This chapter suggests that supporters of unjust enrichment may have adopted an unduly narrow view of contract law which is at odds with the historical narrative. The term ‘quasi-contract’ is commonly equated with a fictious implied contract. In fact, liability brought about by contractual incapacity, failed and unenforceable contracts, and quantum meruit can be justified by real rather than fictitious contracts. The reason that contractual reasoning was squeezed out was not so much because these claims cannot be regarded as contractual in character, but because of the influence of the classical model of contract.
Doctrinal Design in Unjust Enrichment
Authors: Jansen Nils
Published: December 2023

In a former paper on the history of claims for unjust enrichment in Germany (‘Farewell to Unjustified Enrichment?’ [2016] 20 Edin LR 123–48), the author of the present chapter presented a reflection on the history of claims for unjust enrichment in Germany. Jurists from common law jurisdictions, such as South Africa, Scotland, and England, have read and criticized that paper from the perspective of present debates in their legal systems. Reflecting on these responses and criticisms, this chapter clarifies where the German experiences may be relevant for other legal systems. The focus of the chapter is on typical entanglements between unjust enrichment and other parts of the legal system, such as the rules on performance or basic legal principles and policies of contract law. On this basis, the chapter then asks whether lessons can be drawn from the German experience, as far as the doctrinal design and mapping of claims for restitution are concerned.
Embracing Private Law’s Miscellany?
Authors: Letelier Pablo
Published: December 2023

This chapter explores the recent evolution of the notion of quasi-contract in French private law, focusing on the reasons behind its inclusion in the recent reform of the Civil Code. It shows that modern French law does not conceive the quasi-contract category as a mere collection of situations giving rise to entirely different obligations. On the contrary, the reform seems to have chosen to preserve this category out of a belief that some coherence would exist among the rules governing quasi-contractual obligations. The chapter suggests that the French experience might help to identify some of the challenges of abandoning a unified approach to obligations beyond contracts and wrongs in common law jurisdictions.
The Jesuit School
Authors: Lynch, O.P. Reginald M.
Published: December 2023

This chapter examines the contributions of three influential early modern Jesuits and one Dominican: Robert Bellarmine, Francisco Suárez, Gabriel Vásquez, and John of St. Thomas. As the earliest of these thinkers, Bellarmine considers Aquinas in the context of the continued polemics with second- and third-generation Protestant Reformers he encountered at Louvain. As later sixteenth-century approaches to Eucharistic sacrifice, the writings of Suárez and Vásquez are in dialogue with a variety of previous contributions to this subject, particularly those of Spanish origin. However, both of these thinkers also represent new and innovative approaches to the question of Eucharistic sacrifice that would prove influential for subsequent interpretations of Aquinas. Initially a student at the Jesuit school at Coimbra, John of St. Thomas critically engages Suárez and other members of the Jesuit school, developing the connections made by Suárez between sacrifice, moral act, and sign in continued dialogue with Aquinas’ Summa theologiae. In this regard, John’s understanding of the relationship between sign and moral act allows him to describe the sacrificial aspect of the Eucharistic liturgy in a way that intersects with the work of previous thinkers, such as Cajetan and the Salamancans.
Sufi Rituals and Practices
Authors: Ghani Kashshaf
Published: December 2023

Spiritual practices constitute an integral way of religious expression among Sufi communities across the world. Many of these practices are centuries old, yet they form the most recognizable aspect of Sufism even today. This book is an in-depth study on the history of Sufi rituals in South Asia. It explores the practices of sama (listening to poetry and music) and zikr (remembrance of God) through the careers of the earliest Sufi orders in the region—Chishti and Suhrawardi. The period covered in this book coincides with the early history of Sufi orders in South Asia, which also marks the beginning of a complex phase of institutionalization of the Islamic spiritual tradition. Important facets of this development were the consolidation of the Sufi orders, formalization of the master-disciple relationship, establishment of Sufi lodges, observance of specific rituals and practices, and eventually the codification of spiritual teachings imparted by Sufi masters. Sufi Rituals and Practices allows the reader an insight into issues that are important for the historical understanding of Sufi spiritual exercises—the meaning, structure, and performance of sama, the long debate on its legality as a religious practice, the opinion of Chishti masters on questions around the permissibility of sama, the practice of zikr as a core Sufi exercise, the practice of sama and zikr across orders, and the importance of etiquette in Sufi traditions. Scholars, students, specialists, and general readers will benefit from the translation of treatises on Sufi practices made available for the first time to the English-reading audience.
Introduction
Authors: Ghani Kashshaf
Published: December 2023

After beginning with a brief definition and explanation of what Sufism is, the Introduction lays down the structure of the work which focuses on rituals and meditative practices as integral to the Sufi experience. It argues for an understanding of Sufism through distinct regional experiences rather than as an unchanging universal phenomenon. South Asia represents one such region on which the research focuses through the spiritual practices of Chishti and Suhrawardi orders. The historical background and origins of sama are briefly mentioned, along with its questionable position as a religious practice, since poetry and music are seen as contentious practices in the eyes of Islam. After briefly describing the individual chapters, the rest of the Introduction takes up the early debates on the legality of the Sufi practice of sama, in order to bring forth to readers a detailed analysis on how sama came to be defended by early generations of Sufi masters. The discussion of these debates sets the context for understanding Sufi rituals in South Asia.
Far from Delhi
Authors: Ghani Kashshaf
Published: December 2023

Deccan rose as a major seat of Chishti Sufism with the migration of Burhanuddin Gharib, a senior disciple of Nizam al-din Awliya, to Khuldabad. The current chapter discusses the practice of the ritual of sama against the historical context of the rise of Chishti Sufism in the Deccan. The discussion brings into focus the complexities of establishing the Chishti order in an unknown region along with the practice of sama as an integral spiritual practice of the order, all the while taking care to uphold the legality of the ritual in the eyes of religious law. The discussion analyses the individual positions of the important Chishti masters in the Deccan until Gisu Daraz with regard to the ritual of sama, through a close study of their sayings and works. The practice of sama as a private exercise is also discussed with regard to the shrine of Gisu Daraz. The issue of allegory while listening to mystical poetry is also discussed, along with the importance of the singer and the contentious role of musical instruments.
Conclusion
Authors: Ghani Kashshaf
Published: December 2023

The Conclusion highlights the major findings of this book, which begin with the issue of what is a Sufi ritual and its importance and relevance in the history of Sufism as it spread across various regions of Asia. The next issue of concern is the rise of Sufi orders in South Asia and the formalization of major Sufi practices like sama and zikr by Chishti and Suhrawardi orders in a particular regional context. The historical context for the rise of Sufi rituals and practices in South Asia is the core of this research, where the layers of behaviour and conduct of individual Sufi masters have been analysed vis-à-vis their approach to Sufi rituals like sama and zikr. Sufi rituals are not sealed entities; rather under no circumstances can the goals of sama and zikr be considered separate. Finally, the work takes up the important issues of behaviour, manner, and conduct as integral to the Sufi experience.
Agreement between arguments in Andi
Authors: Kaye Steven
Published: December 2023

Andi (Nakh-Daghestanian; Daghestan) presents a striking pattern of agreement in which nominals in the affective case agree with the absolutive argument of their clause. Agreement between arguments is observed with verbs of perception and cognition which require affective case on the experiencer and absolutive case on the stimulus argument. Agreement between the arguments of a predicate is at best unexpected, and accordingly attempts have been made to demonstrate that apparent instances of this behaviour have an alternative explanation. The behavioural properties of agreeing nominals in Andi are explored to elucidate the syntactic status of the item expressing the experiencer. A robust set of evidence is presented (including the results of tests on imperative clauses, control structures and reflexive clauses) to establish that in Andi the experiencer is a genuine argument of the verb and has a range of subject properties.
Victims
Authors: Goltermann Svenja
Published: December 2023

This book reveals a fundamental shift in perceptions of harm by reconstructing the emergence of the figure of the “victim” over a long period of time, stretching from the late 18th century to the present. It insists on the historicity of victimhood; therefore, its central question is how it became plausible – and perhaps even necessary – in the course of the 19th and 20th centuries for individuals and groups to describe themselves as victims. It argues that major historical events were not the decisive reasons for this shift. Rather, new knowledge, especially in medicine and law, and new power relations fundamentally changed the perception and interpretation of death and suffering, of legitimate and illegitimate violence. Thus, the book is grounded in the still-nascent field of the history of knowledge, bringing together various sources and methodologies in order to examine the complex genealogy of the modern concept of victimhood. Central to this project is the claim that the predominant focus on victims of violence today, including their self-description as victims, was and is linked to the production, dissemination, and establishment of knowledge, above all legal and medical knowledge. The geographical focus is on Europe, but international developments and transnational interactions are taken into account in various ways. Thematically, the work touches on and weaves together a wide range of topics ranging from changing perceptions of death, narratives of suffering, and the history of humanitarian law to discourses on trauma and human rights.
Introduction: On the Historicity of Victimhood
Authors: Goltermann Svenja
Published: December 2023

This short introduction provides an overview of the shifts in the perception of who constitutes a victim and addresses recent criticism of victim attributions. It explains why a historical perspective on the history of victimhood is necessary, arguing that the figure of the victim emerged due to historically contingent attributions of self and others, linked to the production, distribution, and establishment of knowledge, especially legal and medical knowledge. Three recent examples from different contexts are presented to introduce the book’s central theme: the death of a child refugee, a UN report on humanitarian aid, and a trial held at the International Criminal Court. This introduction highlights its two key arguments: First, that there is no universally fixed interpretation of death and suffering, and second, that the figure of the victim needs to be historicized to grasp its non-linear, ambiguous, and contested genealogy.
Efforts in International Law
Authors: Goltermann Svenja
Published: December 2023

This chapter focuses on the impact of international law on shifting perceptions of who constitutes a victim. It argues that the figure of the victim served as a rationale for various political actions. It was also instrumentalized for propaganda purposes, as the example of the Nazis shows. The chapter contends, first of all, that the emergence of the victim figure was linked to changing perceptions of legitimate and illegitimate violence. These shifts were linked to medical knowledge, new legal concepts, and the subsequent establishment of international legal norms that sought to “humanize” warfare during the latter half of the 19th century. Second, the chapter highlights the way in which changing knowledge of international law gradually transformed the discourse around violence and what was classified as an unlawful act of war or war crime. Referring to individuals as victims in public and political discourse became increasingly common; the victim became a symbol of acts of illegitimate violence. However, the shift in perceptions of legitimate and illegitimate violence was uneven. Rooted in racist concepts of difference, colonial violence was largely exempted from these efforts to “humanize” modern warfare. Finally, the chapter highlights the historical roots of contemporary fact-finding commissions: as international regulations on warfare became codified, fact-finding commissions to investigate violations of international law gained salience.
The Digital as Infrastructure
Authors: Zayani Mohamed , Khalil Joe F.
Published: December 2023

The digital turn is the latest phase in an ongoing process of modernization enabled by information and communication technology (ICT) infrastructure. This chapter goes beyond the narrow focus on the enabling role of technology to explore the complex dynamics that impel the Middle East’s drive for modernization. Recognizing the full complexity of the region’s pursuit of modern ICTs requires paying attention to historical junctures, geopolitical dynamics, supranational ideologies, and strategic (inter)national interests. It also reveals how various actors, economic systems, international policies, and a constellation of enabling factors have shaped infrastructural choices. Significantly, a historical longue-durée approach reveals a tenuous balance between different poles: the local and the global, competition and cooperation, national agendas, and regional dynamics.
Emerging Digital Economies
Authors: Zayani Mohamed , Khalil Joe F.
Published: December 2023

This chapter explores how digital economies emerge as the harbingers of more comprehensive changes to business practices and ecosystems in the Middle East. Three cases of trailblazing ventures are illustrative examples: the e-shopping platform Souq, the ride-hailing app Careem, and the music-streaming service Anghami. Despite these ventures’ success, the digital economy in the region remains subject to conflictual pulls. As some of the inherent contradictions associated with the introduction of the Internet of Things (IoT), artificial intelligence (AI), and cloud computing suggest, the nature of this emerging economy is intricate, and its supporting ecosystem is precarious. While the digital represents the next frontier in the region’s economy, its development is neither uniform nor analogous to more established digital economies associated with the network society, which calls into question discourses that elevate the region to be “the next Silicon Valley.”
Translating the Law to Kichwa
Authors: Limerick Nicholas
Published: December 2023

What happens when state politics becomes central to Indigenous language translation? This chapter examines a major advance in the naming of Indigenous languages as “official”: the translation of legal documents to languages rarely used in state-authorized texts. In contrast to scholars’ focus on translation as primarily reproducing a source text in another language, translators of an education law to Kichwa prioritized consistency in written norms across the small corpus of published Kichwa-language state documents. Translators ultimately supported cohesion and standardization, arguing for uniformity in how Kichwa is written, even as others lamented that many readers would not understand the translation. While official translations indicate remarkable gains made by historically marginalized peoples, they come with dissent from those who speak those languages differently or do not identify with standardized language use, as well as political peril in how other state agents can exacerbate disagreements about writing to encourage dissent across social movements.
A Formula for Triumph
Authors: Frolova-Walker Marina , Walker Jonathan
Published: December 2023

Chapter 5 is devoted to the compositional history and reception of the finale in particular. A number of intriguing parallels are brought to bear on the controversy over this movement. In his film score for The Great Citizen, Shostakovich used material that was almost identical to the symphony’s coda, and this had important political ramifications. The symphony and the film score were created and released almost simultaneously, which requires the very precise analysis of the order of events that is employed in this chapter. Later examples of passages resembling the coda are examined, showing that Shostakovich chose to create mocking parodies of the original. Lastly, an investigation of Shostakovich’s approach to sonata form in the finale uncovers a strange maneuver that could have jeopardized the “triumph” narrative of positive Soviet reviews Shostakovich needed. Mravinsky’s speech to the Composers’ Union shows that he was well aware of the problem and carefully obscured the matter, diverting attention to other, safer aspects.
Malik’s Journey from Heroin to Neuroscience-Informed Psychotherapy
Authors: Youdin Robert
Published: December 2023

Chapter 10 takes readers on a journey with Malik, a person of color living on an estate where his parents are the estate owner’s chauffeur and chef. Due to the generosity of the estate owner, Malik attends a private prep school, where he is one of two Black students and relatively poor compared to the White students. Malik’s acceptance to a 6-year medical program at Howard University was the start of his dream of becoming a physician. After failing an organic chemistry class, his dream came to an end. This caused Malik to start abusing Oxys (oxycodone), which led to heroin abuse, multiple stays in rehabs, and multiple recovery failures. Eventually, Malik initiated psychotherapy with a therapist who had a neuroscience-informed orientation for treating psychoactive substance abuse. The conclusion of this chapter details Malik’s struggle to achieve recovery, experiencing many slips, until he finally extinguishes the three-stage neurocircuitry of psychoactive substance abuse. His struggle ends when he achieves a state of recovered and reenters Howard’s 6-year medical program.
A Convex Mirror
Authors: Segala Marco
Published: December 2023

Schopenhauer is acknowledged as “the philosopher of pessimism” and author of a system that teaches how art and morality can help humans navigate life in “the worst of all possible worlds.” This dominant image has cut off an important branch of Schopenhauer’s tree of philosophy—metaphysics of nature and its constant dialogue with the sciences of the time. Beginning with a reappraisal of Schopenhauer’s system as a whole—which he defined as a “single thought”—this book interprets his metaphysics as a knowledge that brings value and meaning to our lives. More specifically, Schopenhauer’s writings show that he saw science as adding value to metaphysical knowledge. Understanding Schopenhauer’s metaphysics therefore requires both an understanding of the dialogue he maintained with the natural sciences and an appreciation of the role of the natural sciences in his philosophical project. And exploring the relationship between science and metaphysics provides a new perspective on his metaphysics and its development between the first edition of The World as Will and Representation (1819) and 1844, when Schopenhauer added a second volume of Supplements to his work. In 1819, he valued Schelling’s philosophy of nature as a model for establishing a link between metaphysical speculation and science. In the years that followed, he assessed the implications for metaphysics of the transformation of scientific research into a practice increasingly independent of philosophy. Such an assessment also affected his metaphysics, and even the will and Ideas underwent a process of revision.
Philosophy of the Sciences
Authors: Segala Marco
Published: December 2023

During the twenty-five years (1819–44) that separated the first and second volumes of The World as Will and Representation, Schopenhauer filled several notebooks, which are a privileged source for assessing his intellectual activity during this period. This chapter focuses on a series of manuscripts that would establish a new ground for Schopenhauer’s thinking about the will, nature, and the sciences. They questioned philosophy of nature, introduced philosophy of science, and rejected the view of Platonic Ideas as objectivations of the natural forces. Ultimately, these major transformations led him to revise some of the central concepts of the Second Book of The World as Will and Representation. In particular, he acknowledged the mutual independence of science and metaphysics, the possibility that the former could confirm the latter, and the great importance of physiology for philosophy.
Grappling with the Sciences
Authors: Segala Marco
Published: December 2023

This chapter examines the philosophical role of the sciences in Schopenhauer’s writings after 1819, showing that their presence became increasingly relevant and significant. They encouraged modifications, new interpretations, the mending of previous problems, and a new approach to metaphysics as the ‘science of experience as a whole’ that would affect the very definition of the will. Commentators have often been silent about this role, or have failed to appreciate the importance of the sciences in modifying some of the tenets of his philosophy. Schopenhauer’s aim, on the contrary, was to restructure the system in such a way that science and philosophy would be more coherently and satisfactorily integrated. This chapter presents and discusses how science stimulated new approaches to philosophical topics like logic (and especially syllogism), reductionism, teleology, the hierarchy of natural forms, representation and the realism–idealism opposition, and will and the dynamics of nature.
Life 24x a Second
Authors: Walker Elsie
Published: December 2023

Life 24× a Second: Cinema, Selfhood, and Society is about the life-sustaining and life-affirming power of cinema. In confronting the devastating reality of the COVID-19 pandemic, the obligation to explain the value of all artistic expression and pedagogical practice has surely never been greater. This book adopts multiple perspectives on why films matter within and beyond the classroom, with special attention to hearing the sound tracks that move through bodies and that can be carried into the world at large. Drawing on work by authors across disparate fields of literature, business, psychology, biological science, autobiography, history, and cultural studies, this book makes the case for cinema as a life force on the biggest emotional, personal, and social terms, and in ways that can resonate for any reader. The book zeroes in on cinema that offers hope in relation to the Black Lives Matter movement (Imitation of Life (1959) and BlacKkKlansman (2018)); contemporary feminism (Nobody Knows (2004)); the teachings of Heartmath (Dancer in the Dark (2000)); realities of grief and mourning (Life of Pi (2012), Ikiru (1952), and A Star Is Born (2018)); and personal experiences of loss (Call Me By Your Name (2017) and Portrait of a Lady on Fire (2019)). Life 24× a Second: Cinema, Selfhood, and Society draws directly upon many pedagogical experiences and students’ reflections to show how these films can create a better world for all.
Introduction
Authors: Walker Elsie
Published: December 2023

The introduction establishes the power of cinema as a form of enduring and sustaining life. Contrary to Laura Mulvey’s Death 24x a Second, which stresses that cinema records what is already lost and past, this introduction stresses that cinema can be unendingly reflective of life and meaningful in the present. In the context of the first COVID-19 outbreak of 2020, film experiences within and beyond the classroom have connected audioviewers with most vital consequences. The introduction surveys many illustrative examples of such connection, along with establishing the book’s priorities in relation to the impactful films to be analyzed: embracing emotionality without fear, using cinema to make sense of lifeshocking experiences, actively listening to films along with seeing them, and dissolving the divide between cinema and life.
Hearing Life in the Midst of Death
Authors: Walker Elsie
Published: December 2023

Chapter 4 is an analysis of three films about confronting grief. This analysis draws from a range of contemporary psychological studies to explain how Life of Pi, Ikiru, and A Star Is Born can teach us to cope with actual loss. All three films deal with pain through surprisingly beautiful musical forms. This chapter moves from macrocosmic to microcosmic examples: from Mychael Danna’s entire score for Life of Pi, to the repetition of a Japanese popular song (“Gondola no Uta”) in Ikiru, to the performance of just one song in A Star Is Born. Despite the increasingly narrow focus, the stakes of this chapter are consistently high: there is therapeutic, healing, and restorative significance in each film’s music that chimes with contemporary psychological writings about confronting mortality and learning to live with it. This chapter breaks down the usual boundary between psychology and cinema studies, inviting readers to embrace how cinema might help them manage their most painful and real losses.
Turning the Microphone Around
Authors: Walker Elsie
Published: December 2023

Chapter 5 turns an imaginary microphone around to hear from forty-six of the authors’ former film students. These alumni answered an IRB-approved survey about how films have resonated with their lives and helped them cope with lifeshocks. The survey participants wrote of the films that continue to reverberate even years after studying them, often through lines of dialogue and music that gather new meanings over time. Their combined responses affirm that films can reach across distant times and places to find inexhaustible new meanings with individual audioviewers. The participants collectively honor the lasting power of cinematic lessons, citing films that teach them about hearing the inaudible and noticing the unseen, make them feel acknowledged, transport them while they stay in the same place, heal parts of them they did not know needed attention, remind them that others have suffered as they do, help them truthfully confront what makes them human, reveal beauties that can be bigger than tragedies, and connect them to people they will never meet in ways that are lastingly life-changing.
Life After Life
Authors: Walker Elsie
Published: December 2023

Chapter 6 is the book’s most personal analysis. The author reflects on how two films—Call Me By Your Name and Portrait of a Lady on Fire—have helped her cope with the death of her best friend while writing the book. The analysis revolves around two parallel scenes that show the protagonists grieving while listening to the music that connects them to their former lovers. This culminating chapter is an intense example of dissolving the divide between cinema and life. It represents the author’s ultimate hope that, as a result of reading this book, readers will feel more empowered to revel in what cinema can do to help them manage their own lifeshocks.
Introduction
Authors: Otis Jessica Marie
Published: December 2023

This introduction establishes the social pervasiveness of numbers, their power to shape modes of thought, and their religious significance in early modern England. It examines the origin of the term “numeracy” in the twentieth century, creates a culturally sensitive definition that can be applied to early modern England, and uses this definition to examine the pervasiveness of numbers in early modern England along with the cultural assumptions that underpinned their acquisition and use. In the process, it compares early modern formulations around the universality of the human numeracy with modern scientific and anthropological analyses of the inborn human number sense and acquired numerical skills, with a particular emphasis on how knowledge of numbers can shape human thought. It also demonstrates how early modern ideas about numbers and humans’ ability to use numbers were deeply informed by Christianity, particularly the belief that God made humans numerate as part of the process of giving them dominion over other creatures on Earth. The introduction concludes with a presentation of the book’s argument.
“Set Them To the Cyphering Schoole”: Reading, Writing, and Arithmetical Education
Authors: Otis Jessica Marie
Published: December 2023

This chapter argues that the adoption of Arabic numerals by early modern English men and women was incentivized by continental commercial developments; however, increasing literacy rates and the development of vernacular arithmetic textbooks were necessary prerequisites that enabled changing arithmetical practices. Textbooks were well suited to teaching written, rather than object-based, methods of arithmetic and allowed individual educators to reach wider audiences, at more affordable prices, than face-to-face methods of instruction. This chapter explores the opportunities to learn arithmetic within England’s existing pedagogical institutions and analyzes the burgeoning market for arithmetic textbooks and tutoring in order to demonstrate the importance of both literacy and didactic literature to early modern arithmetical education.