bluuebunny/crossref_metadata_2025 huggingface dataset:
Introduction
Authors: Bickerton Christopher J. , Accetti Carlo Invernizzi
Published: March 2021

This chapter introduces the book as a whole. It situates the main argument of the book within the ongoing debate about the state of democracy, arguing that we are witnessing a transformation of democracy rather than a collapse or end of democracy. The chapter outlines the main features of this transformation, namely the emergence of a new political logic where appeals to expertise and to ‘the people’ are combined in a variety of different ways. We call this new logic technopopulism. The chapter gives examples of technopopulism and highlights the differences with the ideological political logic that preceded it. The chapter gives a synthesized account of the explanations for the emergence of technopopulism and the consequences associated with its development. The chapter ends by considering possible ‘ways out’ of the technopopulist political logic.
Normative Reflections on Technopopulism
Authors: Bickerton Christopher J. , Accetti Carlo Invernizzi
Published: March 2021

This chapter is concerned with the remedies to technopopulism. It engages with a variety of different remedies that have been suggested by scholars and practitioners, showing that they all implicitly rely on the assumption that populism and technocracy can function as antidotes for one another. It then argues that this is not the case because the relationship between populism and technocracy is not simply one of opposition, but also complementarity. Both technocracy and populism share a hostility to the political form we call party democracy, meaning that by arguing for more of either technocracy or populism one is at the same time endorsing this critique of party democracy. The chapter then considers an alternative remedy to both populism and technocracy, which consists in the revitalization of the dimensions of partisanship and substantive goal differentiation as key components of well-functioning democracy. Specific examples—such as Corbynism within British politics—are discussed in order to draw out the potential and the limitations of this remedy.
Shadow Sophia
Authors: Deane-Drummond Celia E.
Published: March 2021

Why do humans who seem to be exemplars of virtue also have the capacity to act in atrocious ways? What are the roots of tendencies for sin and evil? A popular assumption is that it is our animalistic natures that are responsible for human immorality and sin, while our moral nature curtails and contains such tendencies through human powers of freedom and higher reason. This book challenges such assumptions as being far too simplistic. Through a careful engagement with evolutionary and psychological literature, it argues that tendencies towards vice are, more often than not, distortions of the very virtues that are capable of making us good. After beginning with Augustine’s classic theory of original sin, the book probes the philosophical implications of sin’s origins in dialogue with the philosophy of Paul Ricoeur. Different vices are treated in both individual and collective settings in keeping with a multispecies approach. Areas covered include selfishness, pride, violence, anger, injustice, greed, envy, gluttony, deception, lying, lust, despair, anxiety, and sloth. The work of Thomas Aquinas helps to illuminate and clarify much of this discussion on vice, including those vices which are more distinctive for human persons in community with other beings. Such an approach amounts to a search for the shadow side of human nature, shadow sophia. Facing that shadow is part of a fuller understanding of what makes us human and thus this book is a contribution to both theological anthropology and theological ethics.
Original Sin
Authors: Deane-Drummond Celia E.
Published: March 2021

This chapter begins with brief comments on broader issues of natural evil, including the darker side of ecological relationships that can lead to death rather than mutualism within a multispecies commons. An analysis of Augustine of Hippo’s doctrine of original sin follows, which shows how his doctrine became established in the church and how it remains problematic, especially in light of evolutionary alternatives. His use of Romans 5.12 is particularly important as it forms the theological basis for his understanding of original sin. The chapter will explore the contemporary rejection of Augustine’s doctrine for theological and evolutionary reasons and how far and to what extent the origin of sin might have a historical dimension in the light of theological claims for its importance. Literal interpretations of the Fall are resisted and the importance of acknowledging the course of evil in deep time is affirmed. This chapter sets the stage for the next chapter, which offers a broader philosophical analysis of the origin of evil through engagement with the thought of Paul Ricoeur.
Paul Ricoeur on Evil
Authors: Deane-Drummond Celia E.
Published: March 2021

Paul Ricoeur represents an important source in Western culture who refuses to adopt a sharp separation between humanity and the rest of nature, while recognizing the importance of human distinctiveness. This chapter will engage Ricoeur’s works, beginning with Freedom and Nature, where he emphasizes the preconditions for human sin and the distinctions between scientific explanations and philosophical understanding. Another work, Fallible Man, distinguishes between the finite and infinite and describes the preconditions for human sin. Here, Ricoeur takes steps to fill in the gap between what he terms the pathétique of misery and the transcendental. He resists the idea that the source of evil arises directly from animal passions, but presents a more complex argument related to the force of what he terms ‘the fault’. In The Symbolism of Evil, Ricoeur further describes his recognition that the Fall of humanity admits a voluntary quality to specifically human sin; therefore, guilt is distinct from suffering. Ricoeur’s interpretation of the significance and problematic nature of Augustine’s account of the Fall is instructive in this respect. How far is the explicit human propensity for sin also dependent on prior language and symbolic thought? Ricoeur’s thought also frames the discussion that follows as a dialectical relationship between the natural propensity for evil and its voluntary, symbolic/semiotic character.
Violence and Cruelty
Authors: Deane-Drummond Celia E.
Published: March 2021

Our close relatives, chimpanzees, are known at times to be violent and aggressive. This chapter acknowledges the presence of violence, but challenges the common perception that killing is somehow ‘natural’ to our species. The chapter discusses the capacity for violence and aggression in chimpanzees as it relates to specific types of human violence. How far and to what extent did the first humans begin to show an inordinate capacity for organized violence and cruelty? How should biblical accounts of violence, animal sacrifice, and cruelty be interpreted in the light of this evidence? Treating humans as if they were animals is a way of degrading them and denying their humanity in biblical texts. Humans have the capacity to identify with their species and use misappropriated language towards other, often domesticated, species in a way that is deliberately cruel. The chapter will argue that the capacity for warfare and cruelty in humans does not simply build on aggressive behaviour found in other animal societies or towards other animals, but involves instead a deliberative and cooperative capacity that is highly distinctive for our lineage. Such insights need to be qualified in the light of capacities for reconciliation and, with the onset of warfare, strategic peacefare.
The Search for Shadow Sophia
Authors: Deane-Drummond Celia E.
Published: March 2021

This chapter summarizes the themes of the book as a whole by returning to a primary issue raised at the start of the volume, namely, how to understand the roots of human evil. It follows a broadly Thomistic understanding of evil as lacking in agency, mirrored in Sergii Bulgakov’s suggestive terminology of shadow sophia. The risks apparent in Neoplatonism within Bulgakov are countered through a focus on practical wisdom and its counterfeit in distorted forms, alongside the biblical imagery of folly. The different vices discussed throughout the work are revisited again in their relationship to each other in order to develop a broader sense of the subtlety and energy of evil as it arises in individuals and communities. Some tentative conclusions are reached about what Ricoeur terms ‘the fault’, which cannot be reduced to purely scientific explanations, as well as his provocation to lament. At the same time, scientific engagement enlarges the understanding of virtues and the accompanying vices. The afterword opens up the discussion to the volume which will follow on the work of grace in the moral life.
Afterword: Redeeming Sin
Authors: Deane-Drummond Celia E.
Published: March 2021

This brief commentary articulates a link between the second and third volumes in this series and points to a discussion of the work of redemption, grace, the Holy Spirit, and participation in the Trinity. Such a discussion forms the theological backdrop to understanding the life of graced virtue when perceived through the experience of faith. Sergii Bulgakov’s works present an aesthetic account of wisdom and participation in God that still carries some risk of pulling away from a grounded, rooted, and fully earthed perspective on human life. Disincarnate cultural trends towards transhumanism draw on science, but amount to impoverished secular accounts of redemption. All such eschatologies need to be reminded of the material, bodily, and grounded nature of human life in our creaturely contexts, so that even graced virtue which pulls away from immersion in a multispecies framework fails as fully redemptive virtue.
Towards a Global Hedonism
Authors: Crisp Roger
Published: March 2021

This chapter argues that, of all alleged values of any kind, only pleasure is of ultimate axiological significance. It begins with the suggestion that absolute value—the value some item has through possessing a lower-order evaluative property that makes the world in which it is instantiated good—is foundational. Pleasantness is characterized as a basic category of phenomenal consciousness, and the charge of reductionism against hedonism based on this conception is refuted. Defences of hedonism against various forms of objection that it is counter-intuitive are modelled on an analogy with defences of consequentialism, and the general position is then applied to moral, aesthetic, and epistemic value. It is claimed that those attracted by the parsimony and elegance of welfarism (the view that the fundamental value is well-being) might find these qualities within hedonism in particular.
The Special Value of Experience
Authors: Ranalli Chris
Published: March 2021

Why think that conscious experience of reality is any more epistemically valuable than testimony? I argue that conscious experience of reality is epistemically valuable because it provides cognitive contact with reality. Cognitive contact with reality is a goal of experiential inquiry which does not reduce to the goal of getting true beliefs or propositional knowledge. Such inquiry has awareness of the truth-makers of one’s true beliefs as its proper goal. As such, one reason why conscious experience of reality is more epistemically valuable than testimony about reality is that it gives us more epistemic goods than only true belief or propositional knowledge. I defend this view from two rival accounts. First, that while conscious experience of reality has greater value than testimony, its value is only eudaimonic. Second, that while it has greater epistemic value than testimony, this value is not distinctive: for it only promotes truth better than testimony.
On Being Internally the Same
Authors: Parrott Matthew , Gomes Anil
Published: March 2021

Internalism and externalism disagree about whether agents who are internally the same can differ in their mental states. But what is it for two agents to be internally the same? Standard formulations take agents to be internally the same in virtue of some metaphysical fact, for example, that they share intrinsic physical properties. Our aim in this chapter is to argue that such formulations should be rejected. We provide the outlines of an alternative formulation on which agents are internally the same in virtue of facts about their epistemic capacities. The resulting formulation is one on which internalism and externalism are views about the extent to which an agent’s mental states can vary independently of the capacity for introspective discrimination. We suggest that this epistemic formulation of internalism and externalism picks out a substantive disagreement in philosophical theorizing about the nature of the mind.
Relational Imperativism about Affective Valence
Authors: Kauppinen Antti
Published: March 2021

Affective experiences motivate and rationalize behaviour in virtue of feeling good or bad, or their valence. It has become popular to explain such phenomenal character with intentional content. Rejecting evaluativism and extending earlier imperativist accounts of pain, I argue that when experiences feel bad, they both represent things as being in a certain way and tell us to see to it that they will no longer be that way. Such commands have subjective authority by virtue of linking up with a relevant background concern. The imperative content explains but doesn’t constitute world-directed motivation. It also rationalizes action indirectly, by giving rise to an affective seeming that represents the situation as calling for the authoritatively commanded behaviour. One experience feels worse than another if its content tells us to bear a higher opportunity cost to comply with the command. Finally, experience-directed motivation is contingent on our being attitudinally (dis)pleased with the character of our experience.
Locke and his Early Critics and Defenders: Metaphysical and Epistemic Differences
Authors: Boeker Ruth
Published: March 2021

Many of Locke’s early critics reject Locke’s account of persons and personal identity on metaphysical and/or religious grounds. This chapter focuses on a selection of these objections and thereby reveals metaphysical, religious, and epistemic differences between Locke’s view and the views of his early critics and defenders. It pays particular attention to two debates that led several critics to reject Locke’s thinking about persons and personal identity, but also prompted others to defend his view, namely debates whether the soul always thinks and debates whether matter can think. With respect to each debate the aim of the chapter is to identify factors why Locke’s early critics endorse metaphysical and epistemic views that differ from Locke’s view and how this leads them to reject Locke’s thinking about persons and personal identity.
Practical Necessity, Freedom, and History
Authors: James David
Published: March 2021

By means of careful analysis of relevant writings by Hobbes, Rousseau, Kant, Hegel, and Marx, the author argues that the concept of practical necessity is key to understanding the nature and the extent of human freedom. Practical necessity here means being, or believing oneself to be, constrained to act in certain ways in the absence (whether real or imagined) of other, more attractive options, or by the high costs attached to pursuing other options. Agents become subject to practical necessity because of economic, social, and historical forces over which they have, or appear to have, no effective control, while the extent to which they are subject to this form of necessity varies according to the amount of economic and social power that one agent possesses relative to other agents. The concept of practical necessity is also shown to acknowledge how the beliefs and attitudes of social agents are, in large part, determined by social and historical processes in which they are caught up, and how the type of motivation that we attribute to such agents should recognize this fact. Another key theme is how Rousseau, Kant, Hegel, and Marx, in contrast to Hobbes, explain the emergence of the conditions of a free society in terms of a historical process that is initially governed by practical necessity. The role that this form of necessity plays in explaining historical necessity invites thefollowing question: to what extent arehistorical agents genuinely subject to practical and historical necessity?
Paper Bombs
Authors: Rosenberg Joseph Elkanah
Published: March 2021

This chapter examines the literary response to the Nazi book-burnings, as well as to the piles of papery waste left behind by bombing raids. It begins with a reading of the now iconic photograph of readers browsing the stacks of the bombed Holland House library. Widely circulated, but entirely staged, the propagandistic photograph embodies a curious Blitz-era fascination with book violence, a fascination that wavers precariously between dread and desire. In novels written during the war, books are grotesquely transformed into weapons that, in Elizabeth Bowen’s words, have the potential to “blow whole places into existence.” This desire has its aftermath in the post-war imagination of new worlds emerging out of the ashes of destroyed books.
From Psychology to Philosophy
Authors: Begby Endre
Published: March 2021

Calls to develop a framework for ‘non-ideal epistemology’ have recently gained traction in philosophical discourse, but little detail has yet been offered as to what this might involve. This chapter aims to remedy this shortcoming, both as a broader theoretical development and with specific view toward the epistemology of prejudice. Specifically,this chapter develops the notion of non-ideal epistemology along two dimensions. Along one dimension, constraints arising from distinctive capacity limitations of the human mind (“endogenous non-ideality”) are considered. In another dimension, constraints arising from specific limitations on the information environments that epistemic agents are forced to operate within (“exogenous non-ideality”) are considered. Taking a non-ideal approach to epistemology does not, however, mean giving up on epistemic normativity altogether: to the contrary, this chapter argues that non-ideal epistemology provides the only way for such norms to provide a genuine critical grip on human cognition at all.
The Epistemology of Prejudice Acquisition
Authors: Begby Endre
Published: March 2021

The standard analysis of the epistemology of prejudice often assumes that we might simply define prejudice as a type of belief acquired or maintained without regard to one’s evidence, and therefore as involving some kind of breakdown of epistemic rationality. We now move to assess this assumption on its merits. Chapter 4 considers the problem in light of the acquisition of prejudiced belief. It argues that canons of inductive inference as well as considerations from the epistemology of testimony strongly support the view that individuals can come to acquire prejudiced belief without compromising their epistemic rationality. In fact, given the information environments they find themselves in, these might well be the beliefs that they should form, epistemically speaking, in the simple sense these are the beliefs that are best supported by their evidence. There is no conceptual barrier to understanding how people could be epistemically justified in acquiring prejudiced beliefs.
The Epistemology of Prejudice Maintenance
Authors: Begby Endre
Published: March 2021

But what about prejudice maintenance? Questions of acquisition aside, how could anyone be epistemically rational in retaining their prejudiced belief over time in the face of the significant amounts of contrary evidence confronting them in their everyday lives? This chapter argues that much of this evidence can be easily absorbed by prejudiced believers, in keeping with our best canons of epistemic rationality. Drawing on recent work on generic generalizations, the chapter argues that prejudiced beliefs are in no sense falsified by single contrary instances, or even larger swaths of them. Even when subjects are rationally required to recognize instances as providing contrary evidence, the correct response may simply be to reduce one’s credence in the relevant proposition. The result may be that they are somewhat less prejudiced than before. But they are still prejudiced, even as, by hypothesis, they have responded correctly to their evidence.
Crime, Responsibility, Culpability, and Wrongdoing
Authors: Simester A P
Published: March 2021

This chapter provides a theoretical overview of criminal law, claiming that it has multiple functions. Among other things, the criminal law operates to prevent certain kinds of wrongs, and to punish them when they occur. Those functions are compatible; but they are often thought to be in tension. Whether preventive, interrogative, or punitive, all parts of the criminal justice system need justification. The chapter then briefly introduces at five foundational principles for criminal law: culpability, legitimate enactment, moral responsibility, wrongdoing, and ascriptive responsibility. Culpability is served by moral responsibility, and it is entwined with wrongdoing: but the latter principles, and the doctrines they govern, are independently significant. The principle of ascriptive responsibility, on the other hand, is related more closely to wrongdoing and legitimate enactment than to culpability per se. Its primary function is to moderate the state’s generic prohibition by identifying those defendants who fall within its scope. As such, it is primarily a criminalization principle.
Why Not-doings are Special
Authors: Simester A P
Published: March 2021

This chapter discusses criminal liability for omissions. The criminal law draws a basic distinction between things done and things not done. Its default rule is that one is not accountable for failing to prevent something that it would be a crime to bring about by a positive act. There are, of course, exceptions to the default rule, in as much as the law often imposes distinct duties to intervene and prevent harm. However, the concern in this chapter is with why the default rule itself should exist. One reason is that not-doings are typically less culpable, and the law has good reasons to acknowledge this by means of its default rule requiring a positive act. More importantly, though, the doing/not-doing distinction matters for reasons of ascriptive responsibility. Distinct duties are, first and foremost, conduits to holding the defendant accountable for an event or outcome. Absent such a duty, a not-doer is prima facie not accountable for the consequences of her deed: whereas a doer is. The chapter looks first at the nature of not-doings and omissions generally; considers whether not-doings really are less culpable; then investigates the argument from ascriptive responsibility for differentiating their treatment.
(Non-volitional) Action
Authors: Simester A P
Published: March 2021

This chapter considers the action-event distinction. In particular, it pursues another way of thinking about the relationship between volitional action and non-volitional ‘action’. Rather than analysing what divides them, it looks at what they have in common: what separates the both of them from mere events. Doing so has the virtue of focusing attention more directly on what—besides non-involuntariness—underpins moral responsibility for a piece of behaviour and its consequences. Plausibly, one shared feature is that the agent’s behaviour involves the exercise of certain capacities that sub-serve intentional action: capacities that are normally exercised when one acts intentionally. It is the exercise of those capacities that changes behaviour from event to action, even when the behaviour is not volitional. The chapter also discusses causal accounts of agency.
Outcome and Other Luck
Authors: Simester A P
Published: March 2021

This chapter argues that the consequence elements of any crime form a constitutive part of the criminal wrong, in virtue of which criminal culpability is sensitive to outcome luck. Outcomes change what one is culpable for, and they rightly affect what one is convicted of. Yet it does not follow that they alter the degree of one’s culpability, or the quantum of punishment that one deserves. The dependence of outcomes on luck is compatible with moral responsibility, and indeed culpability, for such outcomes. However, because outcome luck occurs after the defendant behaves as she does, it cannot change the manner in which that behaviour reflects a moral vice on the defendant’s part. The chapter also considers challenges posed by other forms of luck. Characteristically, both the criminal law and ordinary blaming judgements accommodate circumstantial luck by means of justifications and excuses; not by irresponsibility defences. In so doing, they disavow the thought that circumstantial luck, too, can undermine moral responsibility.
Leveraging Policy Steer? Industrial Policy, Risk-Sharing, and the European Investment Bank
Authors: Griffith-Jones Stephany , Naqvi Natalya
Published: March 2021

This chapter focuses on the European Investment Bank and the Juncker Plan in terms of its impact on industrial policy and state-market relations. Showing the growth of both the EIB and the EIF over the past two decades, the chapter highlights the increasing importance of engaging private investors in their financial operations. By proposing an analytical distinction between “economic” and “financial” risk, it argues that operating on risk-sharing arrangements has led the EIB—and the Juncker Plan—to effectively accumulate the latter at the expense of the former, which has resulted not only in a trade-off between actual policy steer as envisaged by the Commission and increased leverage as a developmental strategy, but also in political tensions within the field of development banking.
Conclusion
Authors: Perrone Nicolás M.
Published: March 2021

The final chapter summarizes how investment treaties and ISDS increase the calculability of foreign investors to the detriment of states and local communities, shaping foreign investment relations more generally. This outcome is the result of the standards included in investment treaties, as interpreted by ISDS tribunals, as much as the silencing of specific issues and actors in these arbitrations. For the legal imagination that dominates international investment law, the chapter shows, what is excluded is as important as what is protected. The book concludes by highlighting how current discussions about reforming investment treaties and ISDS are also embedded in this dominant imaginary. The lesson to be learned from the norm entrepreneurs of the 1950s and 1960s is that ideas alone are not enough to transform the rules governing the global economy.
1842‒1852
Authors: Bradley Ian
Published: March 2021

Three of Arthur Sullivan’s grandparents were Irish and probably Roman Catholic. This chapter explores his ancestry and the Irish and Roman Catholic influences on his character, his faith, and his music. It considers and dismisses the suggestions made during his lifetime that he had Jewish and negroid antecedents. It covers his childhood in Sandhurst, where his father was military bandmaster, the influence of the parish church there, his early schooling, and his entrance into the Chapel Royal as a chorister.
1852‒1861
Authors: Bradley Ian
Published: March 2021

Arthur Sullivan’s musical formation was effected during his teenage years in three institutions: the Chapel Royal, where he was a chorister between the ages of 12 and 15, the Royal Academy of Music, where he studied from 14 to 16 as the first Mendelssohn scholar, and the Conservatory of Music in Leipzig which he attended from the age of 16 until just before his 19th birthday. Each of these places had a considerable impact on him, deepening his childhood love of church music and laying the foundations of his later career as a composer and conductor of sacred works. His time at the Chapel Royal also played a significant role in his spiritual development, owing partly to the strong influence of Thomas Helmore, the master of the choristers. In his teens, Sullivan composed several anthems and got to know many of the leading church musicians of the day. His training in church music is compared to the similar grounding in church and religious music experienced by several of the most prominent Continental European composers of operetta in the mid-nineteenth century.
1871‒1877
Authors: Bradley Ian
Published: March 2021

By now widely recognized as England’s leading composer, Arthur Sullivan devoted the first half of the 1870s to sacred works, including a massive Te Deum to celebrate the recovery of the Prince of Wales from typhoid fever (1872), his most significant oratorio, The Light of the World (1873), forty-two original hymn tunes and seventy-five hymn tune arrangements and numerous sacred songs and ballads. The Light of the World broke significant new ground by dispensing with a narrator and for the first time in English oratorio making Jesus a real character who appeared and sang and interacted with other characters. As well as acting as editor for a major Anglican hymnal, Church Hymns and Tunes (1874), Sullivan wrote numerous hymn tunes, including the ever-popular ST GERTRUDE for ‘Onward, Christian soldiers’ and NOEL for ‘It came upon the midnight clear’. He may also have had a hand in ST CLEMENT for ‘The day, Thou gavest, Lord, is ended’. In 1877, sitting at the bedside of his dying brother, he wrote the tune for his sacred ballad, ‘The Lost Chord’ which became the best-selling song of the last quarter of the nineteenth century.
Some Inadequate Conceptions of Divine Holiness
Authors: Murphy Mark C.
Published: March 2021

This chapter considers and rejects some extant conceptions of holiness. On one view, to be holy is simply to be divine; but even if the property being holy is identified with the property being divine, an account of holiness should provide also an account of what is distinctive about conceptualizing divinity in terms of holiness. On another view, holiness is separateness; but unless we are given some accounting of the sort of separateness at issue, the account is uninformative. Another view of holiness is Kantian, taking holiness to be moral perfection; but it seems possible to affirm God’s holiness while denying that God is properly evaluable by moral standards. Recent attempts by philosophers to give systematic accounts of holiness—that offered by O. R. Jones (to be holy is to exhibit divine personality) and that offered by Quentin Smith (to be holy is to be the most exalted being in a privileged genus)—are failures.
Primary Holiness
Authors: Murphy Mark C.
Published: March 2021

This chapter proposes an account of primary holiness—the underivative holiness that God exhibits—that takes as its starting point Rudolf Otto’s theory of the experience of holiness in The Idea of the Holy. While there is much in Otto that is worth rejecting, his idea that the distinctive mark of the holy is its involving both a fascinans aspect and a tremendum aspect is both plausible and fruitful. The fascinans aspect is that the holy is experienced as overwhelmingly attractive. The tremendum aspect is that the holy is experienced as repelling, but in a normative sense—one experiences the holy as something in whose presence one is not fit to be, and so one is out-of-place by drawing too near. This is the basis for a plausible normative theory of holiness: to be holy is to be a being with respect to which such responses are appropriate.
Divine Holiness and Divine Perfection
Authors: Murphy Mark C.
Published: March 2021

This chapter defends an argument from divine holiness to divine perfection. Primary holiness presupposes a value gap between the holy being and others—it is the greatly superior value of the holy being that makes union with that being desirable for other beings, and makes intimate unity with the holy being at some level unfitting. A necessarily holy being will have to be infinitely and unqualifiedly valuable. For otherwise there will be beings other than God that approach the holy being’s value, at least in certain contexts, in such a way that union with God will not be overwhelmingly desirable and extremely intimate union will not be unfitting. As the God of Scripture must be thought of as absolutely holy, the connection between absolute holiness and absolute perfection underwrites a new argument from Scripture to Anselmian perfect being theology.
Secondary Holiness
Authors: Murphy Mark C.
Published: March 2021

A desideratum for a theory of God’s primary holiness is that it be possible to offer an account of how secondary holiness—the holiness of beings other than God—derives from it. This chapter aims to sketch such an account of secondary holiness. Holiness functions in the manner of Aristotelian pros hen homonymy, in which there is an explanatorily central property and other properties called by that name are so denominated because they stand in some relevant explanatory relationship to the central notion. While there are multiple such relationships to primary holiness, the main derivative sense of holiness as applied to nondivine things consists in being an object such that intimate unity with it counts as unity with the primarily holy God.
Two Flawed Frameworks for Divine Action
Authors: Murphy Mark C.
Published: March 2021

The aim of this chapter is to downgrade the plausibility of the two standard frameworks for understanding divine action: the morality framework and the love framework. The morality framework holds that God necessarily acts in accordance with a set of universal moral standards. The love framework holds that God necessarily exhibits to their maximum the desires constitutive of love. Against the morality framework, there is very strong basis to think that God does not necessarily have reasons to adhere to the norms of morality that bind us, and only if God were to have such reasons could such norms necessarily apply to God. Against the love framework, the view of God as necessarily maximally loving is at odds with the norms for perfection in love, relies on a false view about the way that our desires give us reasons, and founders when confronted with the difficulty of specifying an intrinsic maximum for being loving.
Absolute Holiness and Life Everlasting
Authors: Murphy Mark C.
Published: March 2021

According to traditional Christian doctrine that there are two possible final destinations for humans: Heaven or Hell. With respect to Heaven, the holiness framework understands entrance of humans into union with God in Heaven to be an act of gracious contingent love bestowed by God, limited by the extent to which that human exhibits the imperfection that make even more intimate union unfitting. Everlasting heavenly life, on this view, is a continual perfecting of the human in a way that makes even closer union with God more fitting, which in turn makes further transformation toward perfection possible. With respect to Hell, the holiness framework makes intelligible why universalism could be false: persons who are confirmed in sin have settled themselves on evil, and thus are not only unfit for intimate union with God—their unfitness is so extreme as to preclude God’s appropriately even acting so as to aid effectively in their transformation. Holiness considerations can also be invoked to explain the falsity of annihilationism.
Life and Biology
Authors: Cykowski Beth
Published: March 2021

This chapter examines Heidegger’s understanding of life by analysing his appraisal of early twentieth-century biology. The chapter places this appraisal into the context of Heidegger’s overall aim of identifying the lineage that runs from the ancient conception of the human’s status within physis, through the physis/ēthos division in Plato’s Academy, into modern articulations of the life/spirit opposition. Heidegger pursues this aim in The Fundamental Concepts of Metaphysics by exploring biology, the discipline that explicitly seeks to examine one side of the life/spirit divide, and assessing what the landscape of this discipline looks like in the contemporary situation. The chapter argues that, given the broader context, it is acceptable that Heidegger summarises the contents of life-science research in a way that expresses metaphysical prejudices, for his claim is that we must first understand the delusions of thinking, and how we ourselves came to be deluded, in order to retrieve and rearticulate more essential knowledge.
The Classical Developmental State in Korea
Authors: Kwon Hyeong-ki
Published: March 2021

This chapter explores the characteristics of the classical developmental state in Korea in the Park Chung Hee era of the 1960s and 1970s, how it was established, and how it evolved. Neoliberals emphasize the free market of the 1960s in the Park Chung Hee era. By contrast, most developmental state (DS) scholars focus on the HCI drive of the 1970s to identify the typical developmental state in Korea. However, unlike the arguments of neoliberals and DS theorists, this chapter reveals that the basic characteristics of the Korean classical developmental state, including state-guided capitalism and export-led industrialization, were already established in the 1960s, although the 1970s saw a shift to an extreme variant of developmental state. In addition, unlike historical institutionalists’ emphasis on historical legacy of Japanese colonialism, this chapter emphatically examines the political process of elite competition for the origin of Korean DS.
Asian Financial Crisis and Transformation of Korean Capitalism
Authors: Kwon Hyeong-ki
Published: March 2021

This chapter examines how the Korean state could continue its state-led developmentalism even when state interventionism was pointed out as a main culprit for the economic crisis of 1997. The 1997 Asian financial crisis prompted serious reflection upon the problems of Korea’s input-oriented developmentalism, as well as the ineffectiveness of state intervention. However, to solve the economic crisis of 1997, Korea did not abandon state-led developmentalism, but developed another version of state-led developmentalism, emphasizing the promotion of strategic hi-tech venture firms and SME parts industries. This chapter first examines the competing diagnoses and solutions to the economic crisis of 1997, and then explores how, through politics between the state and large corporations, the existing volume-oriented expansionism changed toward a knowledge-intensive strategy. Finally, this chapter examines how competition among economic ministries, including the Ministry of Industry (MoI) and the Ministry of Information and Communications (MIC), drove the evolution of Korean industrial policy.
Government Liability in France
Authors: Perroud Thomas
Published: March 2021

Some distinctive features characterize the French legal system. First, there is no formal provision in the French Constitution concerning public authority liability. However, some general principles of liability exist. Another important distinctive feature is that the principles governing administrative liability are traditionally part of a wholly separate body of law. The Conseil d’Etat defined and refined such principles, though a closer analysis shows that such body of law is increasingly similar to that which governs the relationship between private bodies. Two further procedural and substantive features, respectively, are that a formal request may be made to the administration and that illegality connotes fault, and hence liability.
EU Law and UK Law
Authors: Craig Paul
Published: March 2021

This chapter compares the respective answers of the English and EU systems of administrative liability within a wider comparative study. It focuses on their common and distinctive traits. It does so, first, with regard to the constitutional provisions concerning government liability and its connections with judicial review of administration. It points out, in particular, the different meaning and significance of fault. Next, the chapter turns to the answers given to the hypothetical cases on which the ‘common core’ method is based. As a preliminary remark, it sheds light on the particularities of the EU administration. It then looks at basic principles. It shows that, in relation to procedural fairness, the similarity outweighs the difference between the UK and the EU, while, on substantive grounds, the latter has a general principle of liability, unlike the former. A more detailed analysis also shows that the case law of EU courts has provided increased certainty in respect to the breach of procedural constraints on exercises of administrative power. In the UK, a public authority must owe a duty of care to the claimant to be held liable, and the conditions for an action to be successful are more difficult to satisfy than where the same action is pursued between private individuals.
Liberal Democracies and the Control of Virtue
Authors: Moscoso Leopoldo A
Published: March 2021

Following Neal Tate and Vallinder’s hypothesis on the global expansion of judicial power, this chapter draws on Alessandro Pizzorno’s seminal contribution in the late 1990s to provide a historical account of the aforementioned process. The provided account links the ‘due process revolution’ with the growing social demand for norms, as well as the building of the Sozialstaat with the transformation of parliamentary regimes. The historical method is used to identify different trajectories while emphasis is given to the emergence of political parties and their relations with the consolidation of the public sphere in fin de siècle Western, liberal democracies. A final reflection is proposed which claims that current trends towards the politicization of justice cannot be properly understood without reference to the process of judicialization of politics.
Judicial Review of Administrative Action (1890–1910): A Brief Comparison between the Austro-Hungarian and the German Empires
Authors: Lucia Luca De
Published: March 2021

In this brief chapter some reflections of a comparative nature between the Austrian legal order and some state systems of the German Empire are presented regarding the standards of judicial review adopted between 1890 and 1910. The comparison is based primarily on the research works of Angela Ferrari Zumbini and Lilly Weidemann, which, after a general introduction to the subject in the different legal orders, present a series of judgments issued by the administrative courts of last instance in that period. This chapter outlines the common and distinctive features of the review conducted by these courts before examining whether, and in what ways, this case law has contributed to the formation of general principles and rules of conduct for public administrations.
The Administrative World of Yesterday
Authors: Mannoni Stefano
Published: March 2021

This chapter claims that the decades between 1890 and 1910 were distinguished by a clear wave of globalization ante litteram, notwithstanding the existence of a great divide between national legal systems, depending whether they featured and harboured or not an ‘official’ administrative law. The main thrust of the thesis is that the overreliance on legal doctrines as the main source of historical research has to date shadowed and downplayed the keenness of answers to the question of how to tame the administrative hydra stemming and springing from judicial adjudications all over Europe. What an in-depth analysis of judicial case law highlights is, first, that there was everywhere an increasing attention for the respect of due process requirements. Second, that this judicial policy was swayed by the acknowledgement and protection of individual rights. Third, that all this judicial activity turned, irrespective of considerable national differences, into administrative discretion being increasingly constrained. Labelling such an outcome as the discovery of a bourgeois common understanding and sensibility toward administrative power and its boundaries represents in itself a path-breaking departure from a narrative where doctrinal discourse trumps the evidence provided by legal practices.
International Courts in Latin America and the Caribbean
Authors: Caserta Salvatore
Published: March 2021

The book provides the first in-depth and empirically grounded analysis on the foundations and trajectories of gaining authority of the four Latin American and Caribbean regional economic courts: the Central American Court of Justice (CACJ), the Caribbean Court of Justice (CCJ), the Andean Tribunal of Justice (ATJ), and the Mercosur Permanent Review Court (PRC). While these courts were, on their terms, established to build common markets and to enforce trade liberalization, they have often developed bodies of jurisprudence in domains often not directly associated with regional economic integration. The CCJ has been most successful in the area of human and fundamental rights; the CACJ has addressed issues related to the enforcement of the rule of law in national legal arenas and long-standing border disputes between the countries of the region; the ATJ is an island of effective adjudication on intellectual property issues; and the PRC has significantly struggled to receive a significant number of cases to rule upon all together. The particular trajectories of the four Latin American and Caribbean Regional Economic Courts (RECs) suggest that there is no universal formula for success for these institutions and that their operational path is not necessarily a function of their formally delegated competences and/or of the will of the Member States, as it is often argued in mainstream legal and political science literature. Rather, local socio-political contextual factors—such as the historical legacies of a region, the interests and dynamics of socialization of legally and politically situated actors, the nature of national and regional politics, and legal culture—often play a far more decisive role in influencing the direction of RECs during and after their establishment.
The West German Gay World after Homosexual Law Reform
Authors: Griffiths Craig
Published: March 2021

This chapter shows that sexual conservatism remained influential in West Germany, even after the partial decriminalization of male homosexuality in 1969. To give just one example, a court upholding the dismissal of an openly gay teacher in 1975 could cite the significance of ‘unwritten laws of honour, convention and decency’. By exploring the stubbornness of homophobic prejudice, especially the view that homosexuality was a danger to youth, this chapter highlights the limits of liberalization in West Germany, thereby interrogating an influential strand of historiography which has portrayed the Federal Republic as a success story of democratization and liberalization. At the same time, this chapter also explores the shifting contours of queer life in the 1970s, focusing on the emergence of the commercial gay press in 1970, and the diversification (and internationalization) of the gay scene—those various locations where same-sex desiring men met each other for the purposes of leisure, sociability and sex.
Conclusion
Authors: Griffiths Craig
Published: March 2021

This conclusion takes stock of homosexual politics—ways of thinking, feeling, and talking about homosexuality—at the end of the 1970s. The partial decriminalization of sex between men in 1969 offered West German homosexuals a precarious foothold in society. A decade on, that foothold had become somewhat more secure. Yet, as the possibility of public recognition and integration into society became more tangible, the ambivalence engendered by this prospect became all the more pronounced. This conclusion shows that three trends gradually came together at the end of the decade: a focus on ‘self-help’, the language of human rights, and a greater engagement with the parliamentary system. The chapter also discusses the first ‘gay pride’ events in Germany, which were organized in 1979 to commemorate the Stonewall Riots, which took place in New York City a decade earlier. It argues, nevertheless, that gay liberation should not be analysed or remembered only through the prism of pride. Instead, the ambivalence of gay liberation takes centre stage.