bluuebunny/crossref_metadata_2025 huggingface dataset:
In the Shadow of Korematsu
Authors: Yamamoto Eric K.
Published: April 2018

The national security and civil liberties tensions of the World War II mass Japanese American internment (incarceration) link 9/11 and the 2015 Paris-San Bernardino attacks to the era in America darkened by accelerating discrimination against and intimidation of those asserting rights of freedom of religion, association, and speech, and one marked by increasingly volatile protests against racial and religious discrimination. This book discusses the broad civil liberties challenges posed by these past-into-the-future linkages, highlighting pressing questions about the significance of judicial independence for a constitutional democracy committed both to security and to the rule of law. First, the book portrays the present-day significance of the Supreme Court’s discredited yet never overruled 1944 Korematsu decision—a decision later found in the coram nobis cases to be driven by the government’s presentation of “intentional falsehoods” and “willful historical inaccuracies” to the Court. Second, the book implicates prospects for judicial independence in adjudging harassment, exclusion, and incarceration disputes in contemporary America and beyond. Third, and even more broadly for security and liberty controversies, the book engages the American populace in shaping law and policy at the ground level by placing the courts’ legitimacy on center stage. It addresses how critical legal advocacy and organized public pressure targeting judges and policymakers—realpolitik advocacy—at times can foster judicial fealty to constitutional principles while promoting accountability of the elective branches. Finally it addresses who we are as Americans and whether we are genuinely committed to a checks-and-balances democracy governed by the Constitution.
In the Shadow of Korematsu
Authors: Yamamoto Eric K.
Published: April 2018

This chapter paints the arc of Fred Korematsu’s World War II resistance and legal challenge through his 1980s coram nobis case reopening and the 1988 Civil Liberties Act’s apology and reparations. It extends the arc over 9/11 controversies through Korematsu’s amicus brief in the Rasul Guantanamo Bay indefinite detention case and the Korematsu, Hirabayashi, and Yasui families’ brief in support of journalists’ efforts to stop threats of incarceration for protected speech and association activities in the Hedges case. The insights shared and prescriptions advanced in those friend-of-the-court briefs—particularly about the significance of judicial independence—are then enlivened by Judge Ambro’s poignant lessons-of-Korematsu opinion in the Hassan Muslim community harassment decision. The chapter closes by revisiting ongoing legal challenges to President Trump’s intensely contested 2017 exclusionary executive orders. It charts the Justice Department’s familiar refrain about the “unreviewable” nature of the executive’s national security justification—all the laws but one—as well as civil liberties groups’ constrasting advocacy for careful judicial scrutiny.
In the Light of Justice
Authors: Yamamoto Eric K.
Published: April 2018

This chapter distills the book’s responses to two pivotal questions. If a sweeping, politically driven curtailment of fundamental liberties happens again, would the Korematsu majority’s highly deferential 1944 approach be expanded to new purposes to legitimize present-day transgressions of essential democratic liberties? Or would the courts undertake watchful care over those liberties by scrutinizing the government’s claim of necessity so that the talismanic incantation of national security itself does not enervate the judicial role? The chapter coalesces prior themes by first linking rubber-stamp judicial passivity to the deeply problematic shadow side of national security law; second by highlighting Korematsu and its coram nobis reopening as a cautionary tale; third, by repudiating Korematsu’s unconditional deference to the government’s claim of necessity; fourth by implicating judicial legitimacy in affirming Korematsu’s stated commitment to careful judicial scrutiny; and finally, by moving toward justice by breaking a key link in the chain of enduring injustice.
Epilogue
Authors: Yamamoto Eric K.
Published: April 2018

The concise Epilogue describes the U.S. Supreme Court’s late-2017 vacation of the courts of appeals rulings in the International Refugee Assistance Project v. Trump and Hawaii v. Trump cases (determining that the litigated controversy over the president’s January and March 2017 exclusionary executive orders was moot). It incorporates Justice Sotomayor’s dissent and notes that the lower court rulings “may be persuasive and cited as guidance, but not as binding precedent.” It observes therefore that the Korematsu conundrum persists at the heart of these and future liberty and security controversies: careful judicial scrutiny or near unconditional deference, judicial independence or court passivity.
Performing the Mass in B Minor in an Age of Choices
Authors: Melamed Daniel R.
Published: April 2018

Every performance of Johann Sebastian Bach’'s Mass in B Minor makes choices. The work’s compositional history and the nature of the sources that transmit it require performers to make decisions about its musical text and about the performing forces used in its realization. The Mass’s editorial history reflects deeply ideological views about Bach’s composition and how it should sound, not just objective reporting on the piece, with consequences for performances that follow specific editions. Things left unspecified by the composer need to be filled in, and every decision—including the choice to add nothing to Bach’s text—represents an interpretation. And the long performance history of the Mass offers a range of possibilities, reflecting a tension between the performance of a work like the Mass in Bach’s time and the tradition inherited from the nineteenth century. Every performance thus represents a point of view about the piece; —there are no neutral performances.
Military Professionalism and Humanitarian Law
Authors: Beer Yishai
Published: April 2018

This book seeks to revitalize the humanitarian mission of the international law governing armed conflict, which is being frustrated due to states’ actual practice. In order to achieve its two aims—creating an environment in which full abidance by the law becomes an attainable norm, thus facilitating the second and more important aim of reducing human suffering—it calls for the acknowledgment of realpolitik considerations that dictate states’ and militaries’ behavior. This requires recognition of the core interests of law-abiding states, fighting in their own self-defense—those that, from their militaries’ professional perspective, are essential in order to exercise their defense. Internalizing the importance of existential security interests, when drawing the contours of the law, should not automatically come at the expense of the core values of the humanitarian agenda—for example, the distinction rule. Rather, it allows more room for the humanitarian arena. The suggested tool to allow for such an improved dialogue is the standards and principles of military professionalism. Militaries function in a professional manner; they respect their respective doctrines, operational principles, fighting techniques, and values. Their performances are not random or incidental. The suggested paradigm surfaces and leverages the constraining elements hidden in military professionalism. It suggests a new paradigm in balancing the principles of military necessity and humanity, it deals with the legality of a preemptive strike and the leveraging of military strategy as a constraining tool, and it offers a normative framework for introducing deterrence within the current contours of the law.
Introduction
Authors: Beer Yishai
Published: April 2018

The international law governing armed hostilities as it stands today is perceived as a compromise reached between two competing camps interested in regulating war’s arena, each with its own prism, emphases, and priorities. Whereas the military camp focuses upon regulating the belligerency, allowing first enough room for military necessities and only afterward some space for reducing human suffering, the humanitarian camp’s priority is the reduction of war’s horrors and hazards. Currently, the humanitarian camp seems to have prevailed on some core issues. Paradoxically, though, this is a pyrrhic victory, most effectual only when it is least relevant, during peacetime. But when the cannons roar, it is the military camp that usually assumes the reins. Given the humanitarian mission of this body of law, which is not disputed by either camp, this book suggests a new paradigm and calls for redefining and reshaping its legal contours in a more effective way.
Defensive Deterrence
Authors: Beer Yishai
Published: April 2018

This chapter deals with the lack of coherency between strategic reality—which uses deterrence as an essential strategic tool—and the prevailing law. Deterrence is a tool for enforcing compliance with the law; it promotes the containment of potential conflicts. It is pivotal in strategic thinking and, in many cases, an essential component of the national-defense strategy of law-abiding states. But although deterrence is central to the management of global security, in current international law deterrence considerations are perceived with suspicion and mistrust. It is perceived as an unlawful punitive measure. The lack of consensus on lawful deterrence, however, might create a vacuum that invites aggressors and transgressors. This chapter offers normative suggestions for introducing defensive deterrence and overcoming the practical problem of putting it into practice within the current contours of the law, by using the military professionalism criterion.
Some Kind of Justice
Authors: Orentlicher Diane
Published: April 2018

Created in 1993, the International Criminal Tribunal for the former Yugoslavia (ICTY) has operated longer than any war crimes tribunal in history. It thus offers a singularly important case study of how and why the local impact of an international criminal tribunal (ICT) evolves over time; the circumstances in which international justice can advance the normative, reparative, and other aims of transitional justice; and, more generally, the goals ICTs are either well-suited or unlikely to advance. The book explores the ICTY’s impact in Serbia, whose wartime leader plunged the former Yugoslavia into vicious ethnic conflict, and Bosnia-Herzegovina, which experienced searing atrocities culminating in the Srebrenica genocide, over the life of the Tribunal. It focuses on the Tribunal’s impact in three spheres: victims’ experience of justice; official, elite, and community discourses about wartime atrocities, as well as official gestures of acknowledgment; and domestic accountability processes, including the work of a hybrid court in Bosnia. While highlighting the perspectives of Bosnians and Serbians interviewed by the author, the book incorporates a rich body of interdisciplinary research to deepen their insights.
Living in Compulsory Denial (Bosnia)
Authors: Orentlicher Diane
Published: April 2018

Many Bosnians hoped the Tribunal would dispel denial and forge a shared understanding among their country’s ethnic communities about wartime atrocities. During a period of robust international engagement in the early years of the twenty-first century, there was significant progress in Serb acknowledgment of Serb atrocities, as well as acknowledgment by other ethnic groups that members of their in-group committed war crimes. Since 2006, however, there has been a sharp rise in nationalist rhetoric, which has included strident rejection of ICTY judgments. Moreover public opinion surveys reflect sharp cleavages among Bosnia’s major ethnic groups concerning beliefs about wartime atrocities. This chapter explores factors behind these trends, including the dynamics of competitive victimhood, the polarizing incentives of governance structures established in the Dayton Peace Agreement, and the retreat of the Office High Representative from robust engagement in Bosnia at a time of rising nationalism.
War Crimes Prosecutions in Bosnia-Herzegovina
Authors: Orentlicher Diane
Published: April 2018

Little thought was given to the ICTY’s relationship with Bosnian courts when the Tribunal was created. Later, the relationship between the Tribunal and the Bosnian judiciary saw profound change. At the dawn of the millennium, the Tribunal played a key role, along with the Office of the High Representative and Bosnian lawyers, in launching domestic war crimes institutions in Bosnia and bolstering local capacity to mount credible war crimes cases. This chapter chronicles the challenges, successes, and failures of the ICTY’s capacity-building initiatives in Bosnia and mines that experience for lessons that might usefully be applied in other settings. Highlighting the fragility of progress in post-conflict states like Bosnia, the chapter emphasizes the crucial role of external actors in addressing challenges as they arise.
War Crimes Prosecutions in Serbia
Authors: Orentlicher Diane
Published: April 2018

Although it did not set about to do so, the ICTY played a key role in catalyzing the creation of Serbia’s war crimes chamber (SWCC) and position of war crimes prosecutor. Once this happened, the ICTY Prosecutor seized the opportunity that emerged, devoting substantial attention to capacity-building initiatives. The record of Serbia’s war crimes institutions is decidedly mixed, as this chapter elucidates. Serbia has gone farther in prosecuting wartime atrocities than would have been the case without the ICTY. Yet recent years have brought a significant reversal of early progress in the context of heightened political pressure on the Office of the War Crimes Prosecutor (OWCP).
Assigning Functions to Human Rights
Authors: Nickel James W.
Published: April 2018

Theorists who assign functions to human rights often simply announce them as if they were obvious. Assigning a defining or typical function to a concept, artefact, or practice is not a straightforward empirical matter. It requires observation of uses and products, but also requires judgements of centrality and importance and uses selection criteria that can conflict. The first section of this chapter analyses the assignment of functions to artefacts, concepts, and practices and identifies some key methodological issues. The two following sections explore those methodological issues in the works of three philosophers who assign functions to human rights—James Griffin, John Rawls, and Charles Beitz. The conclusion suggests some ways in which the debate between proponents of “orthodox” and “political” conceptions of human rights can be improved.
Taking International Legality Seriously
Authors: Buchanan Allen , Sreenivasan Gopal
Published: April 2018

The chapter aims to draw philosophical attention to the neglected enterprise of figuring out whether the existence of international legal human rights is morally justified. Philosophers usually focus on whether moral human rights exist, which is often rather controversial. As is argued here, however, the existence of a moral right not to be imprisoned for debt (say) is neither necessary nor sufficient for an international legal human right not to be imprisoned for debt to be morally justified. The chapter proceeds to indicate how rich and complex the issues involved in morally justifying an international legal human right really are; and to show how much philosophical distance there is between such a justification and the existence of a relevant moral right. Finally, the chapter draws some lessons from its analysis for the methodological debate over political approaches to human rights.
The Turn to Justification
Authors: Kumm Mattias
Published: April 2018

There are three puzzling structural features of global human rights practice. First, the scope of recognized rights is often extremely broad, rather than being more narrowly focused on things fundamental or basic to human existence. Second, many rights may be limited by any laws that meet the proportionality requirement, thereby undermining the idea that rights are trumps or firewalls that have priority over competing policy concerns. And third, the kind of things that can be found on lists in international, regional, or national human rights documents vary considerably between jurisdictions and instruments. This chapter explains how a rights practice that has such a structure can be made sense of within the liberal rights tradition, appealing to the idea that it effectively institutionalizes a general right to justification in a way that is sensitive to relevant differences across different contexts.
Reflections on Human Rights and Power
Authors: Frazer Elizabeth
Published: April 2018

This commentary focuses on two elements of Gilabert’s argument. These are, first, the account of and treatment of the question of the ‘existence’ or otherwise of human rights, and second, the use of an intentionalist analysis of power. In both of these cases, matters seem to be more complicated than the argument fully acknowledges.
Human Rights and Collective Self-Determination
Authors: Jones Peter
Published: April 2018

The doctrine of human rights has been closely associated with rights of collective self-determination in both international law and moral thinking. How should we conceive their relationship? Can the first subsume the second? Many commentators think not since human rights are rights of individuals while rights of collective self-determination must be group rights. This chapter presents a conception of group rights as collective rights and examines the relationship between group rights so conceived and collective goods. It argues that some collective rights can be human rights and these include the collective right to the collective good of self-determination. The link between human rights and peoples’ rights to self-determination is not however complete. The doctrine of human rights can incorporate the principle that the determined should also be the determiners but it cannot tell us how humanity should be divided into peoples each of whom is entitled to be self-determining.
Turbulence and Order in Economic Development
Authors: Gray Hazel
Published: April 2018

The terms of debate on the role of institutions in economic development are changing. Stable market institutions, in particular secure private property rights and democratically accountable governments that uphold the rule of law, are widely seen to be a prerequisite for economic transformation in low-income countries. Yet over the last thirty years, economic growth and structural transformation has surged forward in a range of countries where market and state institutions have differed from these ideals, as well as from each other. This book studies the role of the state in economic transformation in two such countries, Tanzania and Vietnam. These were two of the poorest countries in the world in the early 1980s but, over the last thirty years, both have experienced significant changes in the pace and character of economic development. While both countries experienced faster rates of GDP growth, their paths of economic transformation were very different. Vietnam experienced rapid manufacturing growth and poverty reduction while Tanzania’s path of economic change was characterized by the rise of mining and a much slower pace of poverty reduction. Employing a political settlements approach, this book argues that their paths of economic transformation were mediated by the lasting influence of differences in the institutions and distributions of power that had been forged during the socialist period. The comparison generates new insights into the variable relationship between political order and economic outcomes.
The ‘Old’ and the ‘New’ of New Institutional Economics
Authors: Gray Hazel
Published: April 2018

This chapter evaluates new institutional economic theory and its approach to explaining economic transformation and political order. It explains the key assumptions of the ‘old’ New Institutional Economics, associated with the work of Douglass North prior to 2009. It then sets out the more recent developments within New Institutional Economics that engages more explicitly with power, in the work of Acemoglu, Robinson and North et al. The chapter evaluates the extent to which these theories can help explain Tanzania and Vietnam’s experiences of political reform and economic change over the era of high growth. The chapter argues that while the ‘new’-New Institutional Economics of development correctly identifies the importance of power in explaining economic transformation, these theories remained tied to a number of restrictive neoclassical assumptions that limits the extent to which they can illuminate processes of contemporary economic change.
Probably the Best Theory on Earth
Authors: Livermore Roy
Published: April 2018

The magnetic bar-code on the ocean floor provides convincing evidence of moving continents, yet, as with the discovery of the structure of DNA, few are convinced—at first. Drilling in the deep oceans and geochemical work at mid-ocean ridges provides further evidence in support of the Vine–Matthews Hypothesis. Application of the hypothesis to data collected in the Pacific and Atlantic Oceans establishes sea-floor spreading as the process that creates new oceans and, in conjunction with reversals of the geomagnetic field, stamps the bar-code into the rocks beneath the sea bed.
Plate Tectonics by Creeps
Authors: Livermore Roy
Published: April 2018

Earthquakes are caused primarily by the movement of plates. Plates move over the mantle, and the mantle is solid rock. So why aren’t there earthquakes beneath the plates? If all plates are moving (and they are), there should be earthquakes just about everywhere, at a depth corresponding to the base of the plates. The answer is that, while plate boundaries are the natural home of jerks, the mantle beneath the plates is the preserve of creeps. Except where cold slabs penetrate to depths of 650 km or more, the mantle moves only very gradually by creep, a phenomenon that occurs in many solids, including metals, when subjected to stress. Creep can be very inconvenient, particularly where a metal happens to form part of, say, a turbine blade in an aero engine. On the other hand, creep is the process that transformed the Earth into a living world.
Germany
Authors: Schröter Harm G.
Published: April 2018

Up to now little attention has been paid to business groups as a form of enterprise in Germany. It is consequently surprising that during the twentieth century perhaps a quarter of the largest 100 firms qualified as diversified unrelated business groups. These were to be found mainly in three sectors: 1) up to the First World War, large universal banks acted as centers of business groups; only Deutsche Bank went on until the millennium; 2) during the interwar period state-owned enterprises were merged into several large business groups which spun off their parts during the 1990s; 3) many family-owned business groups stayed resilient with their choice of organization. Pyramids were rare within the 100 largest firms.
Spain
Authors: Cuervo-Cazurra Alvaro
Published: April 2018

This chapter studies the drivers of the transformation of business groups in Spain and complements the traditional drivers (weak institutions and a closed economy) with new ones (industry regulation and owner ideology). These drivers vary with the ownership of business groups. First, state-owned business groups emerge following an ideology of national economic development, reduce scope with pro-market reforms, and continue to exist in line with the ideology of social stability and strategic development. Second, bank-owned business groups emerge as a result of industry regulation, and decline with deregulation after pro-market reforms. Third, family-owned business groups emerge to benefit from opportunities in a closed economy with weak institutions, and refocus in response to competition after pro-market reforms. Finally, labor-owned business groups emerge as a result of an ideology of social development, and continue after pro-market reforms in line with this ideology.
The United States in Contemporary Perspectives
Authors: Collis David , Anand Bharat , Cheng J. Yo-Jud
Published: April 2018

While classic business groups are not common in the US today, the phenomenon of unrelated diversification remains prevalent, accounting for about 15 percent of corporate assets. Given the presumed efficiency of markets and the absence of institutional voids in the US, the continuing presence of this organizational form is perhaps a surprise. We document that although certain types of diversified entities—notably, the conglomerate—have declined in importance over time in the US, they have given way to different organizational forms—particularly private equity. We establish that there exists considerable systematic heterogeneity in returns across both types of unrelated diversified firms, which can be masked when focusing only on the average performance of diversified firms. We offer a simple theoretical framework to explain the first two facts: why unrelated diversification continues to persist in the US, and how certain unrelated diversifiers continue to create economic value even as market efficiency improves.
Australia
Authors: Ville Simon
Published: April 2018

Business groups have been limited in number and influence for most of Australia’s modern history. Several entrepreneurs managed a diversified portfolio of interests, and business families often cooperated with one another, but this rarely took the form of a business group. When the Australian economy diversified into manufacturing from its initial narrow resource base, multinational corporations formed a dominant presence. Governments built infrastructure but did not facilitate groups. Maturing capital markets negated the need for in-house treasuries. Business groups temporarily dominated the corporate landscape for several decades towards the end of the twentieth century, but their business model was flawed in relation to the Australian environment and most failed to survive the downturn of the late 1980s and early 1990s.
Sentencing Policy and Changing Notions of Social Justice
Authors: Henham Ralph
Published: April 2018

This chapter considers the importance of reflecting social values in the practice of sentencing. It explores this issue in the context of the sentencing policy of England and Wales during the past twenty-five years, focusing on the extent to which social change and value pluralism has damaged the essential connections between penal ideology and sentencing policy. More specifically, it emphasises how the fragmentation of communities and the ensuing breakdown in social cohesion has affected public perceptions of punishment. It also considers how the increasing politicization of penal policy has obfuscated the values justifying state intervention. Thus, the chapter concludes that neo-liberal values have taken priority at the expense of any broader consideration of which social values should inform a more inclusive and socially constructive approach to sentencing. The argument is illustrated by describing how these tensions have impacted the sentencing of so-called ‘irregular’ migrants.
The Relevance of Globalization and Notions of Transition
Authors: Henham Ralph
Published: April 2018

This chapter considers the global and comparative dimensions of sentencing and explains their significance for developing a more positive relationship between sentencing policy and social justice. It assesses the influence of globalization on the formulation of sentencing policy in England and Wales, before focusing on the wider problems of drawing comparisons and policy transfer. It then reflects on sentencing as a transitional concept, arguing that notions of transitional justice offer some valuable insights in conceptualizing sentencing policy’s relationship to social justice, particularly in situations where the state lacks a coherent moral mandate for criminalizing and punishing offenders. Finally, the chapter considers whether the 2008 global financial crisis has influenced the approach taken to the sentencing of financial crime in the domestic context, explaining why and how the proposed changes to ideology and practice are more likely to enhance the moral credibility and social value of sentencing in this area.
Conclusion
Authors: Henham Ralph
Published: April 2018

This chapter draws together the book’s common themes and considers their broader implications for the future development of sentencing policy. It concludes that contemporary sentencing policy should reflect shared goals and engage with social priorities for the common good, so restoring the essential link between penal ideology and the socially lived experience of crime and punishment. Structural changes are therefore required to empower decision-makers by facilitating a principled engagement with social value at the point of sentencing. However, these suggestions depend upon developing judicial discretionary power in sentencing, not restricting it. Ultimately therefore, the success of the book’s proposals for a more egalitarian and community focused sentencing system will depend upon the strategies policy-makers adopt to restore public confidence and trust in discretionary justice and its ability to engage with social justice issues. The book ends by exploring what this might entail.
Introduction
Authors: Randall Dave , Rohde Markus , Schmidt Kjeld , Wulf Volker
Published: April 2018

The last 25 years have seen a small revolution in our approach to the understanding of new technology. It has become a founding assumption of computer-supported cooperative work (CSCW) and human–computer interaction (HCI) that in the future, if not already, most computer applications will be socially embedded, meaning that they will become infrastructures (in some sense) for the development of the social practices that they are designed to support. This will be true in an ever-increasing variety of domains and living conditions. Assuming that IT artifacts have to be understood in this sociotechnical way, traditional criteria for good design in computer science, such as performance, reliability, stability, or usability, arguably need to be supplemented by methods and perspectives that illuminate the way in which technology and social practice are mutually elaborating....
Practice and Technology
Authors: Schmidt Kjeld
Published: April 2018

The emergence of practice-centered computing (e.g., Computer-Supported Cooperative Work, or CSCW) raises the crucial question: How can we conceptualize the practices into which the prospective technology is to be integrated? How can we, reasonably, say of two observed activities or events that they are, or are not, instances of the same type? These are crucial questions. This chapter therefore attempts to clarify the concepts of “practice” and “technique.” First, since our ordinary concepts of “practice” and “technique” developed as part of the evolution of modern technology, as tools for practitioners’ and scholars’ reflections on the role of technical knowledge in work, the chapter outlines the major turning points in the evolution of these concepts, from Aristotle (via the scholastics), to enlightenment thinkers such as Diderot and Kant, and finally to Marx and Marxism. The chapter thereafter moves on to analyze the concepts as we use them today in ordinary discourse.
“Practice Theory”
Authors: Schmidt Kjeld
Published: April 2018

Areas of research such as Computer-Supported Cooperative Work (CSCW), Information Systems (IS), and Human–Computer Interaction (HCI) are interdisciplinary by virtue of their particular research questions and destined to venture beyond the conceptual and methodological sanctuaries of institutionalized disciplines. Researchers in such areas therefore face a constant temptation to import conceptual innovations or theories that might make it less taxing and troublesome to venture outside the disciplinary habitat. In the case of practice-centered computing, so-called practice theory, developed over the last few decades in the philosophy of sociology by Bourdieu, Giddens, Schatzki, and others, obviously poses such a temptation but should not be imported unexamined. The aim of this chapter is to subject this body of theory to critical scrutiny. In so doing, the argument draws on Wittgenstein’s analysis of normative regularity or “rule-following.”
Investigation and Design
Authors: Randall Dave
Published: April 2018

The “turn to the social,” often conflated with the idea that ethnography presents new solutions to the problem of design and the world in which its results are embedded, remains contested. Debate is characterized by a range of epistemological commitments which can be summed up as entailing, variously, an “engineering” paradigm associated with structured design; the analysis of goals and means hierarchies (associated with some versions of cognitive science) for the purposes of interrogating “usability”; and a more sociological/anthropological (and humanistic psychological) perspective allied to concern for the “situated.” Even in the latter instance, however, a number of different stances can be identified. This chapter, then, discusses the “ethnographic” approach, how it is deployed in a wide range of contexts, and the role that disciplinary as against interdisciplinary thinking has in producing outcomes.
Enabling Users of Enterprise Systems to Mash Up Resources and Develop Widgets
Authors: Spahn Michael , Dax Julian , Yetim Fahri , Pipek Volkmar
Published: April 2018

Companies operating in a dynamic environment need to continuously adapt their information systems to changing business processes and associated information needs. Viewed from a microperspective, business users are managing and executing business processes with standard enterprise resource planning systems (ERPs) based on service-oriented architectures on a daily basis but are often not able to adapt the software they use to their individual needs and working practices. This chapter presents the development and evaluation of a prototypic environment that enables users to create enterprise widgets, such as enterprise mash-ups, with tailorability (i.e., they can be tailored to the users’ personal information needs), without the users needing programming knowledge. This environment allows the mashing up of enterprise resources via a lightweight visual-design technique. The evaluation of the prototype in business contexts indicates its usefulness and usability.
Toward Transferability in Grounded Design
Authors: Betz Matthias , Wulf Volker
Published: April 2018

Grounded design is a particular design-research approach applied in case studies. The approach aims to investigate social practices with the purpose of identifying and unveiling problematic aspects of that practice. In research contexts, design case studies are conducted by applying established research methods such as ethnographic field studies, participatory design, and action research. As a research approach, grounded design claims to contribute to scientific knowledge by creating a collection of documented cases that is accessible for a further comprehensive and overarching analysis. This chapter provides an example of such a study through a comparison of two design case studies in the field of civil security research, in the context of firefighting: the Landmarke project and the Koordinator project. In addition, this chapter addresses the transferability of design case studies.
Characteristics of Mediterranean-Type Ecosystems
Authors: Esler Karen J. , Jacobsen Anna L. , Pratt R. Brandon
Published: April 2018

Modern mediterranean-type ecosystems (MTEs) are shaped by key ecosystem drivers that affect their function. The most important of these drivers are climate, topography, soils, and fire. There are important geographical, climatic, and fire histories that are crucial to understanding these systems. Mediterranean-type climate (MTC) is defined as a cool wet winter (winter-wet) and a warm dry summer, which is a unique pattern of seasonality and one that is rare globally. All of the MTC regions have nutrient-poor soils, particularly as related to nitrogen (N), and some also have extensive phosphorus-poor soils. There is considerable variation both within and between regions in their degree of nutrient impoverishment of soils. Through these shared ecosystem drivers, selection has operated within each ecosystem to shape the communities and the organisms within them. This has resulted in the communities and organisms displaying similar structures and processes.
Planning for the future
Authors: Esler Karen J. , Jacobsen Anna L. , Pratt R. Brandon
Published: April 2018

Mediterranean-type climate (MTC) regions are highlighted in several global analyses of conservation risk and priorities. These regions have undergone high levels of habitat conversion and yet of all terrestrial biomes they have the second lowest level of land protection. With transformation pressures set to continue (Chapter 8), planning for a sustainable conservation future in MTC regions is therefore essential. Conservation activities are represented by a variety of philosophies and motives, partially driven by the underlying differences in transformation drivers and sociopolitical contexts across MTC regions. These activities include investment in, and best-practice management of, protected areas (land sparing), an interdisciplinary focus on integrated management of production landscapes (land sharing; stewardship), as well as ecological restoration to increase habitat, improve connectivity, and provide a hedge against the impacts of future climate change. These responses need to be applied in a strategic, synergistic manner to minimize future biodiversity loss.
Introduction
Authors: Vaez-Zadeh Sadegh
Published: April 2018

An overview of permanent magnet synchronous (PMS) motors and the related control system are presented in this chapter as introductory materials for the rest of the book. The interconnections of the control system to the power electronic inverter and the motor are emphasized. In addition, the major parts of the system are overviewed. Pulse width-modulated voltage source inverter, as the most commonly used power converter in PMS motor drives, is briefly discussed. PMS motors configurations and operating principles are also presented after considering characteristics of permanent magnet materials. Major PMS motor control methods including vector control, direct torque control, predictive control, deadbeat control, and combined vector and direct torque control are briefly reviewed. Finally, several rotor position and speed estimation schemes, and offline and online parameter estimation methods are overviewed.
Predictive, Deadbeat, and Combined Controls
Authors: Vaez-Zadeh Sadegh
Published: April 2018

In this chapter, three control methods recently developed for or applied to electric motors in general and to permanent magnet synchronous (PMS) motors, in particular, are presented. The methods include model predictive control (MPC), deadbeat control (DBC), and combined vector and direct torque control (CC). The fundamental principles of the methods are explained, the machine models appropriate to the methods are derived, and the control systems are explained. The PMS motor performances under the control systems are also investigated. It is elaborated that MPC is capable of controlling the motor under an optimal performance according to a defined objective function. DBC, on the other hand, provides a very fast response in a single operating cycle. Finally, combined control produces motor dynamics faster than one under VC, with a smoother performance than the one under DTC.
Effectiveness and Medicalization
Authors: Stegenga Jacob
Published: April 2018

This chapter further articulates the hybrid account of effectiveness presented in Chapter 2 and applies it to several pressing problems with disease attribution. A medical intervention can act at several physical scales or levels; it is at least pragmatically useful to think of some of our most effective medical interventions (‘magic bullets’) operating at microphysiological levels. A medical intervention can be effective to varying degrees of generality, though ultimately what matters for the typical patient is whether or not an intervention will be effective for that patient. The hybrid account of disease affords a critical stance on several troubling phenomena in medical science, including medicalization or ‘disease-mongering’ and overdiagnosis and overtreatment. The chapter ends by addressing several objections that might be raised against the hybrid account of effectiveness presented in Chapter 2 and its further articulation and application here.
Introduction
Authors: Fröhlich Manuel , Williams Abiodun
Published: April 2018

This chapter serves as a preface to the subsequent chapters. It discusses the existing literature and refers to the relevant theoretical frameworks. At the beginning, four points of contact between the Secretary-General and the Security Council are detailed that are already laid down in the provisions of the UN Charter. The remainder of the chapter then outlines a number of guiding questions, and specifically six points of reference that constitute a framework for the individual chapters on the tenures in office of the past eight Secretaries-General. Each chapter will address the process of (re-)appointment, the international context and determinants, the personality and profile of the Secretary-General, the agenda and composition of the Council, ways of interaction between the two and, finally, challenges and issues in the realm of peace and security, administration and reform, as well as concepts and norms.
Javier Pérez de Cuéllar, 1982–1991
Authors: Soto Álvaro de
Published: April 2018

When Javier Pérez de Cuéllar came to office in 1982 the threat of nuclear annihilation had receded but the collegiality among the Security Council’s permanent members was still absent. The scope for a UN role in the search for peace, particularly in proxy conflicts, remained small. Pérez de Cuéllar’s cautious demeanor masked a willingness to unexpectedly move in a swift and bold fashion. He worked within the constitutional no man’s land between the Security Council and the Secretary-General, sometimes at a slight remove from the Security Council so as to dissociate himself from its mistakes or omissions, using the “reservoir of authority” and “wide margin of discretion” implicit in the Charter. The combination of a Secretary-General to whom the post came unsought and a Security Council which had confidence in him produced the crucial synergy that developed between these two principal organs at a critical juncture.
A Human Science
Authors: Anderson Amanda
Published: April 2018

The final chapter considers the question of psychology’s challenge to morality in light of larger debates over the value of the humanities. While many of the influential calls for new methods within the literary field therapeutically privilege psychological over moral desiderata in their promotion of new moods of literary appreciation and pleasure, public-facing defenses of the humanities typically stress their moral value, their ability to promote civic virtue and individual moral growth. Surveying the broad conditions affecting the self-understanding of the humanities in literary studies today, this chapter underscores the ability of humanistic thought to capture both the quality and duration of experience (what I identify as moral time) and to take reflective distance on questions of value. As the modern university orients itself toward the grand challenges facing society today, with leading roles assigned to the natural and social sciences, these specific strengths of the humanities become critically important.
Varro’s Roman Ways
Authors: Spencer Diana
Published: April 2018

During a tumultuous phase in Roman Republican politics M. Terentius Varro’s De Lingua Latina developed a complex and nuanced hermeneutic toolkit for citizen self-fashioning. Cicero once complimented Varro as the man whose work had led Romans home to a knowledge of themselves as agents within a specific and acculturated space. This chapter explores how De Lingua Latina works to deliver to successful readers a particular form of self-knowledge as Latin speakers within Roman space. Moving through the city, and being evaluated as part of that process, is central to Roman political agency; yet Varro’s Rome produces a sense of solitary progress through ostensibly random slices of city life, thus, the dérive, and the idea of cartographies of influence, become important. Moreover, the rich semiotic quality of the topography accompanies a more pragmatic story, drawing in politics, consumption, and agribusiness to defamiliarize individual and collective diurnal city rhythms.
Introduction
Authors: Stout Rowland
Published: April 2018

We can think of occurrences as completed events or as ongoing processes, a distinction that corresponds linguistically with the use of perfective and progressive aspects. The philosophy of mind has tended towards an ‘event’ conception of experience and action, but this has both distorted the conception of the causal roles of these aspects of mental life and misplaced the subjectivity of action and experience. Only processes can be present to the subject in the way required for conscious experience and for the practical self-awareness Anscombe describes. Also it has been argued by Michael Thompson that practical rationality must present actions in a processive way. This leaves open the metaphysical question of how to understand process and processes, a question engaged with by several authors in this book.
Collaborating for Our Future
Authors: Gray Barbara , Purdy Jill
Published: April 2018

Organizations turn to multistakeholder partnerships (MSPs) to meet challenges they cannot handle alone. By tapping diverse stakeholders’ resources, MSPs develop the capability to address complex issues and problems, such as health care delivery, poverty, human rights, watershed management, education, sustainability, and innovation. This book provides a comprehensive understanding of MSPs, why they are needed, the challenges partners face in working together, and how to design them effectively. Through the process of collaboration partners combine their differing strengths, vantage points, and expertise to craft innovative responses to pressing societal concerns. The book offers valuable advice for leaders about how to design and scale up effective partnerships and how to address potential obstacles partners may face, such as dealing with the conflicts and power issues likely to arise as partners negotiate with each other. Drawing on three comprehensive cases and countless shorter examples from around the world, the book offers practical advice for organizations embarking on an MSP, as well as theoretical understanding of how partnerships function. Using an institutional theory lens, it explains how partnerships can effect change in institutional fields by reducing turbulence and negotiating a common set of norms and routines to govern partners’ future interactions within the field of concern. Topics covered include: the nature of working collaboratively, why partnerships are needed, types of partnerships, guidelines for partnership design, partnerships and field dynamics, how to deal with conflicts among partners, negotiating across power differences, partnerships for sustainability, collaborative governance, working across scale differences, and how partnerships transform fields.