bluuebunny/crossref_metadata_2025 huggingface dataset:
The Role of Advocates in Developing International Law
Authors: Jordash Wayne
Published: January 2018

As this chapter explains, legal scholars occupy a uniquely educative place in the international arena. Some, such as William Schabas, have extended their scholarship into the courtroom as international adjudicative mechanisms have expanded their reach. Not only are these new and proliferating judicial mechanisms involved in the making (and not only the clarification) of the law, but advocates who appear before them are freed from methodological strictures that might otherwise limit their action and ability to argue for normative change. This intellectual freedom to use the law but look beyond it and support arguments by reference to other worldly disciplines is a peculiarly vital contribution to the development of the law and the advancement of society. For the new breed of eminent scholars such as Schabas, this unfettered advocacy may well turn out to be their most enduring contribution to the development of international law.
Sovereignty over the Underground
Authors: Richemond-Barak Daphné
Published: January 2018

Tunnel-digging, or tunneling, hardly features in international legal instruments. Unlike land, space, and sea, the underground remains largely unregulated. In trying to decipher international law’s take on the underground, this chapter searches for answers in general international law. Does international law recognize state sovereignty over the underground as it does for air, land, and space, or does sovereignty over the underground fall into an unregulated loophole? A close analysis reveals that states have sovereignty over underground resources located in areas under their control or jurisdiction, provided these rights have not been transferred to private entities. This chapter argues that the same principles governing sovereignty over land, air, and water—sovereignty, development, shared resources, cooperation, and peace and security—should apply to state sovereignty over the underground. The implications for the legality of tunnel-digging under international law are far-reaching.
Contending with Tunnels
Authors: Richemond-Barak Daphné
Published: January 2018

When an underground threat emerges, states must identify the applicable legal framework, assess the legality of various counter-measures, and understand the methods available to detect and destroy the tunnel(s). This chapter therefore provides an overview of the legal regimes that may apply to tunnels—as well as their implications for states undertaking anti-tunnel measures. It also argues that states ought to put in place a long-term strategy for underground warfare, including detecting and mapping tunnels, neutralizing or destroying them, monitoring, and cooperation. Finally, it describes some of the most common methods for detecting and mapping tunnels, highlights their respective strengths and weaknesses, and advocates for a mix-and-match approach as no technology can, on its own, succeed at doing so.
Underground Warfare and the Jus in Bello
Authors: Richemond-Barak Daphné
Published: January 2018

This chapter focuses on the laws of war, a legal framework applicable to a broad array of war-time tunnel-related issues, including their legal status, the type of weapons that may be used inside tunnels, and precautions that must be taken vis-à-vis civilians during anti-tunnel operations. This chapter argues that the law does not prohibit the use of tunnels and other underground structures in times of war. Underground warfare—in any of its many forms—does not amount to perfidy, which would have made it illegal under international law. Tunnels, however, often amount to military objectives and, as such, must be kept separate from civilians and civilian infrastructure. Ultimately this chapter demonstrates that, despite the law’s silence, underground warfare does raise unique issues under IHL. It also offers a conceptual framework for analyzing tunnels and assessing the legality of anti-tunnel operations in war.
Introduction
Authors: Csábi Szilvia
Published: January 2018

Most of current research in the field of cognitive poetics is multidisciplinary and interdisciplinary, including the works of scholars from the fields of literature, anthropology, aesthetics, semiotics, linguistics, cognitive science, neuroscience, philosophy, history, and psychology, among others. The volume Expressive Minds and Artistic Creations: Studies in Cognitive Poetics...
Cognitive Modeling and Musical Creativity
Authors: Pérez-Sobrino Paula
Published: January 2018

This chapter provides a preliminary account of different figurative operations in twelve examples of program classical and contemporary music involving music and text. The main goals are to explore the directionality and scope of the mappings between language and music and to investigate the communicative effects of each operation in a musical work. Metonymy, metaphor, hyperbole, paradox, and irony are compared and contrasted to highlight the dynamism and flexibility of conceptual mechanisms to account for meaning construction in multimodal contexts. Although all these conceptual tools consist of putting in correspondence two entities, there are differences that allow us to draw boundaries among them. The main advantage of adopting a view based on figurative operations is that they overcome the two-domain layout of metaphors while counting on a limited inferential capacity that allows the prediction of possible communicative effects.
The Long View
Authors: Harbus Antonina
Published: January 2018

This chapter considers how a modern reader can make sense of a medieval text, but also to have an aesthetic and emotional reaction to the text. It deploys insights from neuroscientific work on emotion in mental processing, the psychology and history of emotions, and cognitive poetic approaches to the aesthetics of reading, to consider how poetic language use interacts with cognitive structures and processes. By using a new diachronic perspective, this chapter explores the shared cognitive basis of meaning and feeling in short (translated) elegiac poems written over 1,000 years ago in Old English. It demonstrates that readerly emotional investment arises from linguistic features, including metaphoric language and affective triggers, to produce a literary effect. By tracing the interaction of affective and interpretive processes, this chapter considers the shared cognitive/emotional basis of meaning-making in both proximate and distant literary responses and broadens the scope of inquiries into cognition and poetics.
Poetics of Perception
Authors: Igl Natalia
Published: January 2018

This chapter examines the interrelation of cognitive linguistic principles, specific textual and narrative strategies, and—as a third domain—contemporary poetological positions by means of an analysis of two novels of the German movement “Neue Sachlichkeit.” It sheds light on the strategies of perspectival embedding and points out its relevance for the characterization of modern literary aesthetics. After a first historical outline regarding the key status of perception and perspective in modernist aesthetics, the chapter discusses the cognitive linguistic principle of perspectivization and the inherent potential of multiperspectivity in narrative that results from the constitutive double-layered structure of narrative discourse. This provides the basis to analyze the specific strategies of foregrounding multiperspectivity by means of viewpoint splitting and deictic shift, polyphony and multimodality in two modernist novels by Alfred Döblin and Irmgard Keun that can be understood as strategies of perspectival embedding and addressed as “aesthetics of observation.”
Postscript
Authors: Gibbs Raymond W.
Published: January 2018

What is the future of scholarship in cognitive poetics? This chapter provides a guide for possible new directions in the study of cognitive poetic experience. I claim that cognitive poetics can become a distinctive field of study if it embraces certain methodological and theoretical principles. These include attention to a wide range of different poetic experiences both within and across people, acknowledging both generalities and variations in how people create and interpret poetic artifacts, making scholars’ intuitive judgments more transparent in our reports of different research findings, addressing alternative hypotheses for different patterns of data, recognizing the different ways in which “understanding” may occur and be theoretically explained, and seeking connections between cognitive and noncognitive factors that shape people cognitive poetic experiences. We must embrace these new empirical challenges with open-minded vigor and open-hearted passion to truly create better conditions for cognitive poetics to both thrive and flourish.
Introduction
Authors: Walker Elsie
Published: January 2018

The introduction cites numerous critical responses to Michael Haneke that wrongly assume his emotional coldness and misanthropic outlook. Though his films are notorious for subjecting us to harsh experiences of violence, this book establishes a moral forerunner to Haneke: Bertolt Brecht. Like Brecht, Haneke allows for the audience’s emotional reactions, while also prompting their active engagement with a view to progressive change. More particularly, he defamiliarizes conventional uses of film sound to engage our hearts and imaginations, much as Brecht disrupted mainstream theatrical forms of representation. Haneke’s films also include numerous moments of absent sound, which are as potent as Mother Courage’s famously silent scream. This introduction stresses the importance of understanding how and why the director uses sound tracks to make us hear the social worlds his characters inhabit, and by extension our own world, better.
The Moral Punishment Instinct
Authors: van Prooijen Jan-Willem
Published: January 2018

Across time and cultures, ranging from ancient hunter-gatherers, to holy scriptures, to contemporary courts of law, it has been common for people to punish offenders. Furthermore, punishment is not restricted to criminal offenders but emerges in all spheres of social life, including corporations, public institutions, traffic, sports matches, schools, and parenting. Why is punishment so ubiquitous? One cannot find a satisfactory explanation for the universality of punishment in the social science literature focusing on human morality in general. Punishment also occurs among nonhuman animals for which one can question their sense of morality, including rodents, fish, and insects. Apparently, there is something specific and unique about punishment that warrants a more focused discussion. This book proposes that people possess a moral punishment instinct, that is, a hard-wired tendency to aggress against those who violate the norms of the group. People evolved this instinct due to its power to control behavior by curbing selfishness and free-riding, thereby providing incentives to stimulate the mutual cooperation that small tribes of ancient hunter-gatherers needed to survive in a challenging natural environment. To examine this idea, the book describes how punishment originates from moral emotions, stimulates cooperation, and shapes the social life of human beings. Guided by many recognizable examples, the book illuminates how the moral punishment instinct manifests itself among nonhuman animals, children, cultures of modern humans, and tribes of hunter-gatherers, while accounting for the role of this instinct in religion, war, racial bias, restorative justice, gossip, torture, and radical terrorism.
Motives for Punishment
Authors: van Prooijen Jan-Willem
Published: January 2018

This chapter introduces utilitarian versus retributive (i.e., deontological) motives to punish. Utilitarian motives aim to prevent further harm from occurring; retributive motives aim to make offenders suffer for their actions. The chapter reviews the various types of utilitarian motives that are applied in a criminal justice setting (i.e., deterrence, incapacitation, and rehabilitation), and discusses to what extent punishment is successful in deterring offenders. Furthermore, the chapter introduces retributive motives, suggesting that people are willing to sacrifice their self-interest to establish justice through punishment, and that free-will beliefs influence punishment. Also, the chapter reviews evidence that emotional states can “spill over” and shape punishment of offenders, and notes that punishment can be intuitive even if no strong emotions are involved.
Punishment and Cooperation
Authors: van Prooijen Jan-Willem
Published: January 2018

One of the core assumptions of the proposition that moral punishment is an instinct is that punishment stimulates cooperation among group members. This chapter starts with supernatural punishment, illuminating that whereas belief in heaven has no effect on national crime rates, belief in hell reduces crime rates. Also, in economic games, the possibility to punish increases the cooperation that people display. These effects emerge because punishment increases deterrence, communicates moral norms, and instills trust. The chapter then notes that punishment has facilitated cooperation among strangers as people started forming large states, and that people become more punitive in situations that required unconditional cooperation and self-sacrifice for the group (i.e., war). These findings suggest that punishment indeed stimulates cooperation in social groups.
It Takes a Team
Authors: Coleman Mary Ruth , Baldwin Lois , Pereles Daphne
Published: January 2018

Meeting the needs of students who are twice exceptional (2e), those with gifts and talents as well as areas of disabilities, can feel daunting. Responding to the complexities of strengths and challenges of 2e students requires flexibility, innovation, and most especially teamwork. This chapter explores how the needs of 2e students change across the lifespan, sharing the role of the problem-solving team from early childhood through postsecondary planning. The chapter includes (a) problem-solving guidelines that foster collaboration to address academic, social, and emotional success; (b) examples of instructional strategies using universal design for learning and differentiated instruction for pre-K though postsecondary; and (c) family partnership approaches to support the students’ success.
Gifted Dyslexics
Authors: Daniels Susan , Freeman Michelle
Published: January 2018

This chapter explores the intersection of giftedness, dyslexia, creativity, and a pattern of MIND-Strengths, framing dyslexia as a learning difference not a disability. It describes findings from individual cases of gifted dyslexics the authors have seen in their pscyhoeducational clinic through four case vignettes. Specifically, the chapter identifies and describes the unique patterns of MIND-Strengths, visual, and creative strengths of each student with information gathered from a protocol of individual assessments. MIND-Strengths include (a) material reasoning, (b) interconnected reasoning, (c) narrative reasoning, and (d) dynamic reasoning. Following each case description is a table that lists strengths, challenges, recommended strategies, interventions, and common professions. The recommended teaching and learning strategies build upon the MIND-Strengths as well as the visual, and creative strengths of each of the four cases.
Federal Student Aid and the Gender Dynamics of Political Citizenship
Authors: Rose Deondra
Published: January 2018

Chapter 7 investigates the feedback effects of federal higher education policies on women’s capacity and inclination to participate in politics. This analysis suggests that federal student aid programs have played a role in the declining gender gap in political engagement that we have seen in the last fifty years. By providing valuable resources that significantly increase the probability that beneficiaries will attain higher levels of education, broad-reaching financial aid policies have contributed to significant increases in women’s political interest, political efficacy, and involvement in political activities. Not only do federal higher education policies help to realize the promise of full and equal citizenship by promoting political engagement among a group that has traditionally been underrepresented in mass politics, but also they provide lessons for how the state can successfully use social policy to promote equality in terms of political citizenship.
On Being and Becoming Female and Male
Authors: Gowaty Patricia Adair
Published: January 2018

This chapter introduces a new way to think about the evolution of behavioral sex differences, one that contrasts with the classical evolutionary view. The classical scenario—sex as destiny—holds that key sex differences in behavior are fixed traits of an individual, because innate sex “roles” that evolved in concert with morphology and genes are “the blueprints” for expressed behavior. Mating theory (Gowaty & Hubbell, 2009) shows that such genetically deterministic behavior is often maladaptive, meaning that individuals with fixed behavior are most likely selected against. In this new theory, whenever environments vary, the most evolutionarily successful individuals will be those who are flexible in their behavior. On this view, individuals’ behavior—regardless of membership in a genetically defined or anatomically defined sex category—is always “becoming,” sometimes behaving in ways we consider “female typical” and sometimes in ways we consider “male typical.” Thinking this way provides a new lens through which to view linkages between research in biology and in psychology.
Gendered Power
Authors: Lee I-Ching , Pratto Felicia
Published: January 2018

Progress towards gender equality is a slow and nonlinear process. Since 19th century, people in nations around the world have exerted collective efforts to promote gender equality. However, despite improvements in gender equality today in some arenas (e.g., education), large gender gaps exist in other arenas. In the chapter, we examine and analyze research findings and various international indicators using surveys and experimental methods, from the perspective of power basis theory (Pratto, Lee, Tan, & Pitpitan, 2011). This perspective allows us to account for the various degrees of gender inequality in different arenas. In power basis theory, power is the ability to meet one's needs for survival (e.g., consuming resources, belonging to a community). Because each human being has several needs, there are different kinds of power. We argue that whereas women and men are likely to achieve equality in some kinds of power (e.g., knowledge), it is more difficult for women to achieve equality in other kinds of power (e.g., community leaders, force) and for this we offer two explanations: 1) Attaining or exercising particular kinds of power (e.g., violence) violates gender norms; thus it is difficult for women to do so; and 2) The ease with which a person can translate power in one arena to another arena—a phenomenon called power fungibility—is higher for men than for women. We delineate various processes, both from the actor’s and perceiver’s perspectives that result in sustaining power inequality between women and men. Insights from power basis theory may provide potent ways to challenge gender inequality.
The Integrative Psychobiology of Early Gender Development
Authors: Hines Melissa
Published: January 2018

This chapter describes the role of early testosterone exposure in gender development. It discusses these hormonal influences and how they relate to genetic influences, socialization by others, and self-socialization, in shaping gender development. To illustrate these influences, it focuses primarily on childhood play behavior. This focus is used because childhood play behavior shows large differences between the sex categories boy and girl to which children are assigned at birth. Also, childhood play behavior has been studied extensively, providing perhaps the best example of how a gender-related behavior can be influenced by a range of factors at levels of organization from the cellular to the societal working in concert over time.
Fundamentalist U
Authors: Laats Adam
Published: January 2018

Why do so many conservative politicians flock to the campuses of Liberty University, Wheaton College, and Bob Jones University? In Fundamentalist U: Keeping the Faith in American Higher Education, Adam Laats shows that these colleges have always been more than just schools; they have been vital intellectual citadels in America’s culture wars. These unique institutions have defined what it has meant to be an evangelical and have reshaped the landscape of American higher education. In the twentieth century, when higher education sometimes seemed to focus on sports, science, and social excess, conservative evangelical schools offered a compelling alternative. On their campuses, evangelicals debated what it meant to be a creationist, a Christian, and a proper American, all within the bounds of biblical revelation. Instead of encouraging greater personal freedom and deeper pluralist values, conservative evangelical schools have thrived by imposing stricter rules on their students and faculty. If we hope to understand either American higher education or American evangelicalism, we need to understand this influential network of dissenting institutions. Plus, only by making sense of these schools can we make sense of America’s continuing culture wars. After all, our culture wars aren’t between one group of educated people and another group that has not been educated. Rather, the fight is usually fiercest between two groups that have been educated in very different ways.
Introduction
Authors: Laats Adam
Published: January 2018

Protestant fundamentalism has had no denominational boards and no higher organizational authority. In their absence, institutions of higher education have often served as the forums in which conservative evangelicals debated the meanings of their faith. They have also become vital centers for political and cultural activism. From the 1920s through the 1980s, colleges, universities, Bible institutes, and seminaries have been the hubs of a loosely connected network of evangelical and fundamentalist churches and organizations. In many ways, the institutional needs of higher education have shaped fundamentalist religion, politics, and culture just as much as fundamentalist religion has shaped a distinctive sort of school.
A Mote in the Eye
Authors: Laats Adam
Published: January 2018

Without any higher organizational control such as denominational boards or conventions, fundamentalist schools struggled to figure out how to make difficult decisions. This chapter examines three cases from the 1930s in which different schools solved the dilemma of authority in very different ways. Some schools insisted on a rigid top-down autocratic system; others spread authority around. The chapter also looks at the contentious debate among fundamentalist intellectuals over the proper meaning of creationism between 1920 and 1940. A few endorsed the notion of a young earth, but many more argued that the “days” of Genesis actually represented long ages, or that a long gap stretched between early creation and the creation of humanity in Eden.
Epilogue
Authors: Laats Adam
Published: January 2018

From a twenty-first century perspective, it can seem as if everything has changed. Evangelical and fundamentalist schools have made drastic changes in their teaching and lifestyle rules. Even the most traditionalist schools have adopted some of the structures of mainstream higher education. However, some of the tensions established in the early twentieth century remain strong. Faculty purges, student protests, and inter-school rivalries are just as powerful today as they have been since the 1920s. New anxieties about faculty fidelity to creationist truths repeat patterns laid down decades earlier. And old rivalries between fundamentalist and evangelical institutions show up in new and unexpected ways.
Legal Exemptions for Religious Feelings
Authors: Vallier Kevin , Weber Michael
Published: January 2018

This essay examines official forms of governmental inquiry into the religious feelings of Muslim citizens. It identifies a series of normative problems with currently available investigative practices in that regard. Government can push too far in its investigations of religious practitioners’ feelings, and various forms of investigation, currently allowed under liberal-democratic legal codes, appear to permit violations of citizens’ basic rights. The essay offers grounds for restructuring conditions under which government officials may permissibly question Muslims about their emotions and sentiments; for rethinking how far government functionaries may proceed in their examinations; and supporting a more general right of citizens to refuse to disclose their feelings to government officials, when questioned about them.
Scopes of Religious Exemption
Authors: Vallier Kevin , Weber Michael
Published: January 2018

Religious exemptions take a variety of forms, with distinct shapes and normative underpinnings. This chapter identifies eight ideal types of religious exemptions, grouped into three larger rubrics, representing different analytic and justificatory structures, to help make sense of what might otherwise seem to be mysterious discontinuities and inconsistencies. The essay suggests how the various types can illuminate each other and how surveying the sequence as a whole might say something about the relationship between religion and the state and the power of the legal imagination. The payoff is that the first, most straightforward, category of religion-based exemptions is also the most radical. Some of the other categories are tamer precisely to the extent that they introduce a wider and more complex range of values, but that the excursion in the end will necessarily come full circle to where it began, with an existential encounter between religion and the state.
Insubstantial Burdens
Authors: Vallier Kevin , Weber Michael
Published: January 2018

This chapter articulates and defends a “partially subjectivist” way of defining burdens on religious belief under the Religious Freedom Restoration Act (RFRA). On this view, courts should largely defer to plaintiffs as to what is a burden on their religious belief. There is only a minor requirement that the plaintiffs have to satisfy, which is to show that the government is doing something that pressures them to act in a way contrary to their beliefs—a relatively easy hurdle to clear. In general, courts are ill-equipped to determine what people’s religious beliefs really are, and this extends to determining when those beliefs are substantially burdened. More strongly, there is a tradition that says evaluating when people’s religious beliefs are burdened is really none of the court’s business. The partially subjectivist view honors these principles.
Human Double Embeddedness
Authors: Marandiuc Natalia
Published: January 2018

The chapter proposes that human beings are conditioned by a double embeddedness: humans are immersed in inescapable frameworks of meaning and shaped by relationships of significance. In dialogue with Charles Taylor, the chapter discusses how these two elements are constitutive features of human subjectivity and how they relate to each other. In order to operate, subjectivity needs a horizon of meaning, which accrues in relationships of attachment that, in turn, thrive under the canopy of common meaning. After discussing the specificity of one such framework, the culture of authenticity, the chapter delves more deeply into one of its paradoxical dimensions: recognition. It is shown how human recognition from loving others is an ineliminable trait for an authentic self, the implication of which is that relationships of significance constitute relational homes that “house” the human self as it grows and flourishes and as it heals when broken.
Human and Divine Love Cocreating the Self
Authors: Marandiuc Natalia
Published: January 2018

In conversation with Kierkegaard, the chapter argues that human and divine loves interweave to cocreate the self. Referring to Plato’s thought that love is a union between need and desire, the chapter suggests that underneath the gospel commandment to love one’s neighbor as oneself, which channels human desire, lies a powerful need for love. It is argued that Kierkegaard’s bilayered theological anthropology corresponds to his theology of love whereby universal love for human beings forms a ground from which preferential loves grow and gives birth to human subjectivity through the Spirit’s mediation. The chapter distinguishes between universal neighbor love, which Kierkegaard counts as Kantian duty, and particular love attachments, which home the self and anchor its freedom. Kierkegaard inherits from Scotus the framework of dovetailing human and divine loves and uses it to portray one’s love for God as a letter sent with a forwarding address to another human being.
Developmental Science, Alcohol Use Disorders, and the Risk–Resilience Continuum
Authors: Puttler Leon I. , Zucker Robert A. , Fitzgerald Hiram E.
Published: January 2018

The origins and expression of addiction are best understood within the context of developmental processes and dynamic systems organization and change. For some individuals, these dynamic processes lead to risk cumulative or cascade effects that embody adverse childhood experiences that exacerbate risk; predict early onset of drinking, smoking, or other substance use; and often lead to a substance use disorder (SUD) during the transitions to adolescence and emergent adulthood. In other cases, protective factors within or outside of the individual’s immediate family enable embodiment of normative stress regulatory systems and neural networks that support resilience and prevention of SUDs. A case study is provided to illustrate these processes and principles of the organization of addictive behavior. Finally, a model of risk to resilience captures the flow of development and the extent to which individual-experience relationships contribute to risk and resilience.
Sleep Problems During the Preschool Years and Beyond as a Marker of Risk and Resilience in Substance Use
Authors: Wong Maria M.
Published: January 2018

Individuals with alcohol problems have well-described disturbances of sleep, but the development of these disturbances both before and after the onset of problem drinking is poorly understood. This chapter first discusses sleep physiology and its measurement in humans. It then examines the functions of sleep and its role in development. Next, it reviews recent research on the relationship between sleep and alcohol use and related problems. Whereas sleep problems (e.g., difficulties falling or staying asleep) increase the risk of early onset of alcohol use and related problems, sleep rhythmicity promotes resilience to the development of alcohol use disorder and problem substance use. Based on existing research, this chapter proposes a theoretical model of sleep and alcohol use, highlighting the role of self-regulatory processes as mediators of this relationship.
Self-Regulation, Behavioral Inhibition, and Risk for Alcoholism and Substance Use Disorders
Authors: Nigg Joel T
Published: January 2018

Addiction liability involves multiple aspects of the person and the context. The within-person aspects can be organized within a broad temperament framework involving constituents of self-regulation. A fundamental dual-process model helps organize and structure the research program because self-regulation is conceived as involving both bottom-up and top-down capacities. From this perspective, addiction liability emerges and expresses itself in relation to early consolidation of bottom-up appetitive systems, organization of top-down control and executive processes, and progressive assembly of either self-regulation or its disruption in dysregulatory psychopathology such as attention-deficit/hyperactivity disorder and conduct problems. Several key studies supporting this hierarchical and sequential emergence of liability and addiction risk are summarized in this chapter.
The Implications of State Takeovers for Urban Politics
Authors: Morel Domingo
Published: January 2018

As states increase their presence in localities, what are the enduring implications for urban governance and theories of urban politics? The chapter examines urban regime theory, the dominant urban political theory of the last 30 years, and argues that although urban regime theory is still a relevant framework to analyze urban governance, the changing role of state actors, particularly governors, in urban regimes requires an expansion of urban regime theory as a conceptual framework. The chapter introduces the concept of cohesive and disjointed state-local regimes. The concept proposes that local leaders can best represent the needs of their communities under cohesive state-local regimes, while localities are exposed to less desirable, even hostile, state-led policies under disjointed state-local regimes.
Takeovers and American Democracy
Authors: Morel Domingo
Published: January 2018

The chapter summarizes the major arguments and findings in the book. It concludes with a discussion of the implications of state takeovers for communities of color. The chapter also revisits a central argument in the book concerning the schools, political power, and questions of citizenship, particularly among historically marginalized populations. The chapter argues that state authorities, educators, and even the scholarly community are all at fault—to varying degrees—for failing to focus on questions of citizenship when assessing the state of education in America. By examining the education process from a political perspective, which emphasizes the role of citizenship and the development of the citizen in society, an additional set of factors can be used to help explain the persistent and systemic failure of urban, predominantly black and Latino schools. The chapter concludes with a discussion about possible policy recommendations at the federal, state, and local levels.
Montaigne’s Political Style
Authors: Thompson Douglas I.
Published: January 2018

This chapter argues that we can read the Essais as an integral part and product of Michel de Montaigne’s life of political action. Investigating Montaigne’s appropriation and expansion of existing genres of Renaissance political prose, it shows that the form and content of the Essais shift with changes in Montaigne’s political career. The chapter charts Montaigne’s change of focus from the political activity of giving counsel to princes to the political activity of negotiating resolution of civil conflict. It argues that we can read the Essais as a work of political education, which is meant to inculcate in readers the values, skills, and capacities required for negotiating civil peace across volatile lines of disagreement.
Pop-Up Planning
Authors: Douglas Gordon C.C.
Published: January 2018

Chapter 6 looks at the world of official urban planning and placemaking, providing different perspectives on its relationship to DIY urbanism. Through the voices of professional planners, the chapter explores their conflicted opinions on DIY approaches: criticizing their informality and emphasizing the importance of regulations and accountability for everything from basic functionality to social equity, yet sympathetic to do-it-yourselfers’ frustrations and often excited to adopt their tactics, harness their energy, and exploit their cultural value. The chapter then describes how some DIY projects have found pathways to formal adoption and inspired popular “tactical urbanism” and “creative placemaking” approaches to public space design. Many such interventions can result in innovative public spaces with social, environmental, and economic benefits. But the reproduction of an aesthetic experience selectively inspired by a hip grassroots trend and combined with “creative class” values can mark the resulting spaces themselves as elite and exclusionary.
Comparative International Law, Foreign Relations Law, and Fragmentation
Authors: Stephan Paul B.
Published: January 2018

This chapter considers the rise of foreign relations law as a way of thinking about the legal dimensions of international relations. It connects this development to the emergence of comparative international law and anxieties about fragmentation in international law. Each of these fields challenges conventional ways of thinking about international law and thus seems to bolster those who would dismiss international law as irrelevant or ineffectual. The chapter proceeds in three sections. The first describes contemporary foreign relations law as a distinct field that emerged in the United States in the late 1990s and developed independently in parts of the British Commonwealth and Europe. It traces the parallels with and differences between foreign relations law and comparative international law. The second section considers the possibility these complementary trends, as well as concerns about fragmentation, pose a threat to international law as conventionally conceived. The third section responds to these concerns.
Crimea and the South China Sea
Authors: Roberts Anthea
Published: January 2018

Although we often hear reference to the “invisible college” of international lawyers, it may be better to understand international lawyers as constituting a “divisible college” whose members hail from different states and regions and often form distinct, though sometimes overlapping, communities with their own understandings and approaches, as well as their own influences and spheres of influence. This chapter draws on two recent high-profile controversies—Crimea’s annexation by, or reunification with, Russia in 2014, and the legality and legitimacy of the award in the South China Sea arbitration in 2016—to explore how the divisible college of international lawyers operates with respect to Chinese, Russian, and Western international lawyers. It looks at the extent to which international lawyers in these case studies operated in their own silos or made an effort to communicate across national and geopolitical divides.
The Continuing Impact of French Legal Culture on the International Court of Justice
Authors: Cohen Mathilde
Published: January 2018

This chapter proposes a reflection on comparative international courts rather than comparative international law more broadly understood. International courts are approached differently by various legal actors who may be influenced by their own national legal environments. Though there is a long tradition of scholarly thinking about the role of particular national traditions in shaping international law, be it substantive or procedural law, little attention has been paid to the influence of domestic legal cultures and languages on the design and internal organization of international courts. Yet, is there such a thing as a specifically international way of designing and running courts tasked with resolving international disputes? Focusing on the ICJ and its predecessor court, the Permanent Court of International Justice (PCIJ), this chapter aims to make the reach of domestic norms, in particular French legal culture, in the design and daily operation of international courts more salient.
Objections to Treaty Reservations
Authors: Ginsburg Tom
Published: January 2018

This chapter examines a particular aspect of treaty practice, namely the use of objections to reservations, as an example of the comparative international law project. The practice of objections, it argues, occurs when states have divergent interpretation of treaty requirements, but also illustrates the differential propensity of states to push their particular views of the object and purpose of treaties. The chapter first reviews the legal background on objections to reservations, and then provides a theory of which states are likely to engage in this form of bilateral activity within a multilateral scheme. It then provides descriptive and empirical analysis of objections to reservations to the International Covenant on Civil and Political Rights (ICCPR), along with some data on other prominent human rights treaties. Finally, the chapter speculates on doctrinal implications of the analysis.
Intelligence Communities and International Law
Authors: Deeks Ashley S.
Published: January 2018

The lack of certainty about the precise status of various intelligence activities in international law fosters conditions under which states can choose—and have chosen—different paths through the thicket. This chapter compares how certain states’ intelligence communities (ICs) approach their international law obligations. The United Kingdom asserts that its IC’s activities comply with international law. The United States, in contrast, implies that certain IC actions may violate international law, though it avoids specific public statements about such deviations. This chapter identifies and analyzes the problems and benefits posed by the competing approaches and offers lessons about the capacity of international law to constrain core national security activities.
International Law in Chinese Courts during the Rise of China
Authors: Cai Congyan
Published: January 2018

This chapter highlights a different set of elements that become manifest in assessing the rapid overall rise in references to, and application of, international law by courts in China in recent years. This chapter seeks to theorize Chinese judicial policy toward international law, without discussing this policy’s legitimacy. The core argument is that China’s 30-year pursuit of great power status has been a significant causal and explanatory factor in the particularities of approach, methodology, and structure in judicial application of international law by Chinese courts. Section II presents and discusses the Chinese legal system’s pathways for giving effect to international law. Section III reviews Chinese courts’ sensitivity to differences among the various categories of relationships governed by specific international rules, and explores their connection with, and implications for, the economic and geopolitical rise of China.
CEDAW in National Courts
Authors: McCrudden Christopher
Published: January 2018

This chapter presents the methodology and findings of a comparative international law study of national judicial use of the Convention on the Elimination of All Forms of Discrimination Against Women, one of the key human rights covenants that go to make up what has been called the international Bill of Rights. The chapter is structured as follows. Section II presents a brief outline of CEDAW in order to locate what follows. Section III provides a detailed analysis of the methodology adopted in undertaking the study, including a discussion of the sources used in compiling a detailed dataset of judicial opinions and how the questions used to analyze this dataset were formulated. Section IV presents the basic findings that resulted from this analysis. Section V concludes.
Not so Treacherous Waters of International Maritime Law
Authors: Powell Emilia Justyna
Published: January 2018

The United Nations 1982 Convention on the Law of the Sea (UNCLOS) is a widely accepted international agreement that regulates maritime law. Among countries that have ratified the treaty are many Islamic law states—states that are traditionally skeptical toward international multilateral treaties. What makes the Convention attractive to the Islamic world? This study focuses on substantive international and Islamic law of the sea, as well as rules governing peaceful resolution of disputes in both legal systems. The chapter shows that unlike other international treaties, substantive provisions of UNCLOS express principles historically present in Islamic law. Additionally, peaceful resolution procedures of the Convention incorporate Islamic law states’ preference for flexibility in conflict management. Empirical analyses of UNCLOS signature, ratification status, as well as UNCLOS declarations, and restrictions (1982–2006) support the theoretical expectations set forth in the chapter. This study provides a compelling analysis to address these puzzles.
Introduction
Authors: Pepinsky Thomas B. , Liddle R. William , Mujani Saiful
Published: January 2018

Piety and Public Opinion presents a fresh perspective on how religious revivalism affects political beliefs in Muslim majority countries. In contrast to most research on Islam and politics, which focuses narrowly on the Middle East or the Arab world, it argues that Indonesia—the world’s largest Muslim-majority country, with a thriving democratic government, an emerging middle-income economy, and flourishing Islamist movement—is an ideal context in which to study how politics, markets, globalization, and Islamic revivalism interact. Drawing on original data and employing innovative methodological techniques, Piety and Public Opinion uncovers the surprising irrelevance of piety for issues from democratic values to support for the United States to Islamic banking.
Conceptualizing and Measuring Piety
Authors: Pepinsky Thomas B. , Liddle R. William , Mujani Saiful
Published: January 2018

This chapter develops a new way to measure piety among Indonesian Muslims. It begins by arguing that piety is a property of individuals that is unobservable, multifaceted, and apolitical, and then draws on an original survey of Indonesians to create a new index of piety that can be used to study how piety relates to other political attitudes and beliefs. The chapter shows that piety in Indonesia is unrelated to beliefs about religion and politics. It also discusses various alternative ways to conceptualize and measure piety in the Muslim world, and shows how conventional measures of piety can be misleading.
“We Began from Silence”
Authors: Barzel Tamar
Published: January 2018

In the late 1970s, the Mexican ensemble Atrás del Cosmos, a pioneering free improvisation collective (1975–1983), held an eight-month residency at El Galeón, a city theater. Jazz and experimental theater were twin touchstones for the ensemble, which adapted ideas borrowed from Alejandro Jodorowsky, a Chilean expatriate known for his radical influence on the city’s 1960s theater scene, including the notion that theatrical performance should shatter social decorum and elicit liberating ways of being-in-the-world. For Atrás del Cosmos, art’s transformative potential also lay in articulating a personal voice in a collective context—a central tenet of jazz and African-American expressive culture. The ensemble’s multivalent genealogy, as well as its collaborations with US-based improvisers—notably trumpeter Don Cherry—bolster arguments for the transnational nature of twentieth-century “American” music. This chapter proposes Vijay Iyer’s notion of “embodied empathy” as a key to understanding the ensemble’s immediate social impact and its lasting historical significance.
Experimentation and Improvisation in Bogotá at the End of the Twentieth Century
Authors: Acosta Rodolfo
Published: January 2018

This chapter explores how experimentation and improvisation became meaningful within the Colombian Western academic tradition. Acosta provides a musicological report of the evolution of experimental composition, interpretation, and improvisation in Bogotá toward the end of the twentieth century. The rise of atonality, electroacoustic and mixed music, indeterminacy, and other avant-garde movements from the late 1950s onward, are sketched as direct precedents for the rise of experimental improvisational practices since the 1980s. These tendencies grew into a rich field within Colombian music throughout the last decades of the century, with the appearance of improvisation/experimental music ensembles in which composers, performers, and improvisers found creative outlets. This process is traced, along with the significant proliferation of performance situations, as well as the reactions of artistic, educational, and governmental institutions to the developing field.