bluuebunny/crossref_metadata_2025 huggingface dataset:
State Sovereignty and International Law Personality
Authors: Heller Hermann
Published: May 2019

This chapter argues that the concept of sovereignty is essential to construct international law positivity and the concept of the international law person. Basically, the only international law persons are sovereign territorial decision-making units. This concept of the international law person is built upon the historical fact that, for a few generations, pretty much the entire ecumenical world has been divided among sovereign decision-making units. However, there are exceptions to this fact, and thus the possibility of international law persons that, without being states, “are not subject to the authority of any state.” Among these are cases in which the unity of territorial decision-making is still being contested; that is, the case of rebels recognized as belligerent parties.
The Claim of Sovereignty in International Law and against International Law
Authors: Heller Hermann
Published: May 2019

This chapter considers the attempt of contemporary international law doctrine to minimize the concept of sovereignty. The attempt is made to draw its fangs by construing the nature of sovereignty as a kind of modest, legally normed capacity to act, as authority under international law, or as a discretionary sphere granted by international law. However, this operation can never succeed using the tools of international law, because international law is only possible as long as there are at least two absolutely independent territorial decision-making units. The sovereignty problem has become more complicated for members of the League of Nations and its Permanent International Court in The Hague. The principles of a treaty order free of domination on which these institutions rest have not fundamentally changed; voluntariness and unanimity are preserved under these principles.
The syntax of possessor prominence in Maithili
Authors: Yadava Yogendra P. , Bond Oliver , Nikolaeva Irina , Ritchie Sandy
Published: May 2019

Maithili (Indo-Aryan; India; Nepal) has a complex agreement system in which many terms and non-terms, including subjects, objects, obliques, extra-clausal ‘deictic referents’, and, crucially, possessors within any of these can potentially control agreement on the verb. Agreement is partly determined by grammatical function and argument structure, but in many instances the functional prominence of the agreement controller—determined by focus and referential features, including respect—overrides syntactic prominence. This is particularly clear when possessors internal to an argument or adjunct can control agreement, even though viable alternatives appear to be available. The functional prominence of the internal possessor also appears to have a syntactic correlate: the possessor that controls agreement may be in a more prominent position within the phrase headed by the possessed nominal, and this is what enables it to participate in clause-level syntactic processes.
Nominals
Authors: Faarlund Jan Terje
Published: May 2019

This chapter deals with the DP and its various layers. The lowest layer is the lexical domain, the NP. On top of the NP, there is a grammatical domain, calledsee Inflectional Phrase (IP), which contains the nominal inflectional categories of number and definiteness. The highest domain is the referential domain, the DP. The noun may be followed by complements and adjuncts, mainly in the form of PPs, and preceded by adjectives or quantifiers. Definiteness may be expressed as a preposed definite article or as a suffix on the noun. A non-modified noun moves to D, but an adjective blocks this movement and the definite article is spelt out as a separate word in D. There are several ways of expressing possession, especially in Norwegian, where the possessor can be either pre- or postnominal. In the other languages it is prenominal. Restrictive relative clauses are right-adjoined to IP, non-restrictive to DP. Universal quantifiers are generated above DP.
Anaphor binding
Authors: Faarlund Jan Terje
Published: May 2019

Scandinavian has a reflexive pronoun and a reflexive possessive for the 3rd person, and a reciprocal pronoun for all persons. Regular binding domains are finite and non-finite clauses, small clauses, and noun phrases with a verbal content and a genitive ‘agent’. There are also less expected binding relations within NPs, possibly involving an invisible binder. Within VP an indirect object may bind a direct object. Even non-c-commanding binders within VP do exist. Non-local binding into small clauses and infinitival clauses is frequent. Some varieties, especially Norwegian, also allow long distance binding, i.e. binding into finite subordinate clauses. At this point, there is a great deal of variation in acceptability, and definite rules are hard to identify.
Legitimacy Criticisms of International Courts
Authors: Follesdal Andreas
Published: May 2019

This chapter concludes the book as a whole and attempts to bring some order to debates about the legitimacy of international courts. It draws on Raz’s conception of authority and on cosmopolitan theory. It argues that this approach can reduce apparent confusion about the legitimacy of international courts by explaining the significance of considerations such as states’ consent, states’ compliance, and the legality of courts’ decisions. International courts not only adjudicate disputes, but also engage in the interpretation and specification of laws, and—some would argue—even law-making. Thus, the issue is not only the judicial legitimacy of these courts, but also their legitimate role in specifying treaties and shaping other actors’ expectations of others’ future actions more broadly. Raz’s service conception helps to explain why several legitimacy conceptions matter for normative legitimacy, including legality, the (limited) significance of state consent, and why actual compliance often matters if international courts are to provide impartial yet responsive judgments and specifications whilst accountable and responsive.
Redeeming Rape
Authors: Matthews Heidi
Published: May 2019

Since the 1990s, feminist activists committed to the policy project of addressing wartime sexual violence through international criminal prosecution have deployed a specific historical narrative about the failure of international law to adequately punish sexual crimes perpetrated by Allied forces at the end of the Second World War. This ‘feminist failure narrative’ (FFN), however, can be contested on historical and normative grounds. Instead of being silenced throughout the post-war period, German women’s experiences of wartime sexual violence were in fact mobilized by both East and West German state-building projects that, in part, sought to minimize ordinary German complicity in the horrors of the war by emphasizing German suffering. Often, women had a vested interest in participating in the construction of these new nationalist stories. I argue that in foregrounding female sexual victimization the FFN depoliticizes women’s wartime agency, thereby dangerously shifting our gaze away from the politics of war.
The ‘Africa Blue Books’ at Versailles
Authors: Gevers Christopher
Published: May 2019

This chapter tells the story of the silencing of crimes committed against Africans from international criminal law’s founding moment at Versailles in 1919. While British ‘Atrocity Blue Books’ were central to the call for criminal prosecutions of Germans after the war, the two Blue Books concerning crimes committed against Africans were inexplicably excluded from the report of the Commission on the Responsibility for the Authors of the War. This chapter explores the conditions of their erasure—both at Versailles and in the subsequent histories of the First World War and international criminal law—and considers what might happen if they were included within the fields’ dominant historical narrative. In both respects C.S. Forrester’s 1935 novel The African Queen and its myriad afterlives, in fiction, non-fiction, and film, prove a productive analogue as these texts intersect in interesting ways, both in content and form.
Kant and Ontotheology
Authors: Abacı Uygar
Published: May 2019

This chapter examines Kant’s objection to the ontological argument, based on the thesis Kant introduces in The Only Possible Argument (1763), “Existence is not a predicate or determination of a thing” (Ak. 2:72), which means that existence cannot be contained in the intension of the concept of any object. However, the historical novelty of Kant’s conception of existence does not lie in this negative thesis but in his two positive theses, “Existence is a predicate not so much of the thing itself as of the thought which one has of the thing” (OPA, Ak. 2:72), and “Existence is the absolute positing of a thing” (OPA, Ak. 2:73). These theses point to a radical discovery: existence is to be reinterpreted as a feature of conceptual representations of things and in reference to a cognitive subject. Kant’s later realization of the groundbreaking implications of this discovery will ground his revolution in modality.
Quick tests—four examples
Authors: Selvin Steve
Published: May 2019

Quick tests are simple and easily applied statistical approach to a variety of ways to describe and understand data. Four examples are discussed in detail. For example, John Tukey’s two-sample comparison.
Confounding—African-American and white infant mortality
Authors: Selvin Steve
Published: May 2019

The term confounding is defined and discussed as a general statistical concept and extensively illustrated by an analysis of black/white differences in infant perinatal mortality with particular emphasis on stratification and weighted average summaries.
Diagnostic tests—assessing accuracy
Authors: Selvin Steve
Published: May 2019

The use of a two-way table to describe three important statistical properties. Namely: sensitivity, specificity, and false positive measures. The related role of disease prevalence is also discussed.
Regression to the mean— father/son data
Authors: Selvin Steve
Published: May 2019

A historic observation that tall fathers tend to have shorter sons and short fathers tend to have taller sons is explored. The “Sports Illustrated jinx” is related and also described.
Fatal coronary disease—risk
Authors: Selvin Steve
Published: May 2019

A complete discussion of a faulty analysis that produced the conclusion that major risk factors in the frequency of coronary disease range from 87% to 90%.
Eye-witness evidence—Collins versus state of California
Authors: Selvin Steve
Published: May 2019

An example of the misuse and misunderstanding of statistical evidence when applied to eye-witness accounts of a crime used in a court room.
Jokes and quotes
Authors: Selvin Steve
Published: May 2019

Essentially presents what the title indicates. Also included are a variety of jokes about statistics and statisticians as well as a bit of statistical history describing the important contributions of Francis Galton (1903).
Rates—definition and estimation
Authors: Selvin Steve
Published: May 2019

Human disease and mortality rates are important statistical measures. The analysis and inferences based on calculated rates are defined and their estimation is described.
Viral incidence estimation —a shortcut
Authors: Selvin Steve
Published: May 2019

Often the incidence of a specific virus is estimated from collected data and a process of pooling these data provides an efficient and easily applied shortcut.
Two-way table—a graphical analysis
Authors: Selvin Steve
Published: May 2019

A number of approaches are possible. A specific analysis describes the analysis of tabulated data using the concept of additivity. Several examples illustrate the description.
Perception and Primary Knowledge
Authors: Ayers Michael
Published: May 2019

A phenomenological analysis of perceptual experience, conducted with an eye on experimental psychology, addresses a series of questions. What is phenomenology? What makes perception of one’s environment as one’s environment? Does the phenomenal integration of the senses give decisive reason for ‘direct realism’? Do we perceive causal relations, or only infer them? Are we perceptually aware of acting? Are we perceptually aware of the causality of perception itself, and if so, in some cases or in all? It is argued that perceiving is not only direct cognitive contact with reality, but that the perceptual relation is itself an object of perceptual awareness. Accordingly, conscious perceptual knowledge comes with knowledge that and of how one has it. Other forms of knowledge (e.g. a priori knowledge) are analogous. A distinction is drawn between primary and secondary knowledge, such that that there could be no secondary knowledge without some primary knowledge.
Scepticism, Certainty, and Defeasibility
Authors: Ayers Michael
Published: May 2019

In a first analysis, the ‘Cartesian’ argument denying the possibility of perceptual knowledge is compared with acceptable and unacceptable arguments that occur in non-philosophical contexts. Its illusory force is attributed to similarities to the former, its invalidity to differences partly shared with the latter. A variety of possible moves in defence of scepticism are then critically considered. Discussion of a confusion between infallibility and certainty leads into the topic of probability and a critique of two related responses to scepticism, ‘fallibilism’ and ‘contextualism’, that discard the intuitive link between knowledge and objective certainty. The argument calls on the notion of ‘defeasibility’, a term imported from jurisprudence into epistemology (where it is seriously ambiguous—see Chapter 6). Its relation to the notion of burden of proof and to argumentation theory is explained, and a particular sense is accordingly proposed in which ascriptions of knowledge may be both certain and ‘defeasible’.
The Allure of Independence
Authors: Toprani Anand
Published: May 2019

This chapter discusses the origins of Britain’s postwar oil strategy, which aimed at making Britain independent of imports from other great powers, especially the United States. It begins by reviewing Whitehall’s increasing preoccupation with oil as a matter of national security before 1914, including the Royal Navy’s shift to oil and the government’s purchase of a majority of shares in the Anglo-Persian Oil Company. It then examines the British experience during and immediately after World War I, when officials began pursuing two of the key objectives of British strategy—securing British majority ownership of Shell and the oilfields of Mesopotamia. The chapter concludes with an assessment of how oil influenced Britain’s war aims in the Middle East and Anglo-American competition over the region’s oil.
Fueling the War to Come
Authors: Toprani Anand
Published: May 2019

This chapter sketches out the progress of the Four-Year Plan of 1936 to achieve economic self-sufficiency. It stresses that Germany never sought self-sufficiency as an end in and of itself—the aim was always to provide the German armed forces and war economy with sufficient resources to wage a war of conquest. By 1939, progress toward even this narrower objective was faltering due to shortages of steel, coal, capital, and labor. The Third Reich’s bellicosity after 1937 also limited the amount of time Germany would have to remedy its economic vulnerabilities before war began. Following the Sudeten crisis of 1938, the regime moved to rebuild relations with Romania to guarantee at least one reliable source of imports in wartime. By the time war broke out the following year, German officials were cautiously optimistic that Romanian exports, along with synthetics and existing stockpiles, were sufficient to meet Germany’s immediate wartime requirements.
Davenant’s Numerical Nationhood
Authors: Lecky Katarzyna
Published: May 2019

Chapter 4 begins by placing Davenant’s first laureate chapbook Madagascar (1638) into conversation with the popular pocket atlases of the 1620s and 1630s to argue that the poet’s imagistic “Numbers” map links between geographical precision and societal betterment. As he argues in his Discourse on Gondibert (his Sidneian defense of poesy), Davenant believed that the numerical structure of poetry could speak to a broad public sphere defined by its constituents’ numeracy, at a time when numbers were emerging as a prime language for measuring the shifting British landscape. Davenant’s royalist carto-poiesis reemerges in his chart of London as the “Royall city” in King Charles his Augusta (1648) on the eve of the regicide. His work to remap monarchical prerogative onto the national topography constituted a deliberate challenge to the geographic imaginary of the small-format cartography which pervaded the popular culture of mid-seventeenth-century Britain.
Milton’s Map of Liberty
Authors: Lecky Katarzyna
Published: May 2019

Chapter 5 turns to Milton’s exploration of custom as it informs Britain’s ancient territories of civic liberty in A Maske Presented at Ludlow Castle (1637/45). Milton’s poetic map of the uneasy lands around the Welsh border juxtaposes competing visions of the land as massive or minuscule with rival definitions of its character as a Crown holding or a distinct nation. Like the pocket cartography it physically resembles, the poet’s publication is a rebus that argues on both lexical and image-based levels for a British government whose magistrates serve as temperate and virtuous representatives of the commons, acting in relative autonomy within the polity.
Health Equity in a Globalizing Era
Authors: Labonté Ronald , Ruckert Arne
Published: May 2019

This book explores globalization as a ‘determinant’ of social determinants of health within and between nations. Although not a new a phenomenon, globalization has undergone dramatic shifts since the beginning of the neoliberal era post-1980. Neoliberal globalization’s impacts on governments’ foreign policy decisions and domestic policy space is increasingly evident, the more so since the 2008 financial crisis. Much public health literature on global health, however, continues to focus primarily on ‘international health’: the concern for high burdens of disease in generally low-income countries. Although international health work remains important, a globalization approach augments it by posing two questions: Why are some countries poorer and sicker, and others wealthier and healthier? What are the inherently global (trans-border) issues that affect inequities in disease burdens and health opportunities, for individuals as well as for nations? The book takes a political economy approach in answering these questions, covering key globalization concepts and theory, as well as historical background to an understanding of both globalization and global health. It then turns to key pathways by which globalization is affecting health through profound changes in migration, labour markets, trade and investment rules, international development assistance, health systems, infectious and non-communicable disease risks, environmental health, and gendered aspects of globalization’s health dialectic. The book closes with a discussion of global governance for health, the role of human rights, and the importance of a strong civil society articulating and advocating for national and global policies predicated on social justice, health equity, and a sustainable ecology.
Globalization
Authors: Labonté Ronald , Ruckert Arne
Published: May 2019

Globalization is not a new phenomenon but the rise of industrialization and capitalism changed earlier periods of global expansionism to one that is dominated more by transnational corporations and global capital than by governments and their armies. Globalization is not a singular event, but a confluence of multiple, dynamic, and inter-linked processes. Some of these processes reflect changes in perceptions of time, space, and ideas, while others are shaped primarily by economic relations. The term, globalization, only began to replace an older concept (internationalization) in the 1990s, and was used principally to describe global market integration, hinting at the role economic interests have always played in what many in the world would now describe as ‘globalization’. In overviewing the entire book, this chapter also begins to engage in the debate: is globalization good for health, or bad for health?
Globalization as a ‘determinant of the determinants of health’
Authors: Labonté Ronald , Ruckert Arne
Published: May 2019

International health, a concern with the high burden of preventable disease in poorer countries, is long-standing. In late nineteenth century sanitary reforms and early twentieth century philanthropic financing to control infectious diseases in the Americas, this concern also foreshadows more contemporary debates over global health financing and the ‘health securitization’ of wealthier nations against diseases spreading from poorer ones. By the late twentieth century, however, there was a shift in discourse from ‘international’ to ‘global’ health underpinned by the growing awareness that there are inherently global reasons for why some countries are wealthier and healthier, while others remain poorer and sicker. Two different frameworks are used to unpack these causal pathways, in which globalization processes are regarded as meta-determinants of health inequities within and between nations. Although researchers argue that globalization processes have been good for health, others are much less sanguine on this claim.
Disrupted labour markets
Authors: Labonté Ronald , Ruckert Arne
Published: May 2019

The search for employment is one of the major drivers behind migration. Globalization processes have had profound impacts on the world’s labour markets, creating opportunities for some (through out-sourcing) while dislocating work for others. This global redistribution of labour is not motivated by concerns for the livelihoods of workers so much as by the pursuit of profits by transnationally liberated capital. Net effects include increases in precarious work, declines in labour’s share of global economic product, and a continuous ‘flexibilization’ of labour markets excused by competitive pressures. Such changes bring new health risks associated with insecurity for many and downwards pressure on wages for some. International policy discourse lauds efforts to improve social protection measures for affected workers, while the growing gap between productivity and wages is giving rise to a call for universal basic incomes to compensate for globalization’s victory of capital over labour.
Globalizing health systems
Authors: Labonté Ronald , Ruckert Arne
Published: May 2019

Strengthening health systems in poorer countries has long been a focal point in development aid debates. Visionary models of comprehensive primary health care caught the global imagination in the late 1970s but were quickly eclipsed with the rise of neoliberal globalization in the 1980s, truncated into ‘selective’ silos appealing to donor nations. ‘Investing in health’ for economic growth eclipsed more humanitarian principles for health assistance. Corporate philanthropies began to set health agendas resonant with those of a century earlier, while private health care financing and delivery models that grew under neoliberalism’s first wave (structural adjustment) have yet to yield to the evidence of the efficiencies of public health care models. The current push to achieve Universal Health Coverage captures the ongoing tension between the interests of private capital and the need for public goods.
Imperilling the health of the global environmental commons
Authors: Labonté Ronald , Ruckert Arne
Published: May 2019

Alongside persisting and massive wealth inequalities, the ecological toll that human population growth and the economic appropriation of natural resources has taken on the sustainability of the myriad ecosystems essential to human survival is now the major threat to future health and human survival. With ecologists arguing that we have entered a new geologic era (the Anthropocene) in which our planet is shaped almost entirely by human activity, the greatest environmental threat is often considered to be climate change. But there are few of the ecological boundaries on which life depends that are not in crisis of being breached. The causes and the consequences of this looming health catastrophe are wholly inequitable: the wealthy benefit, the poor pay the price. There is some technological optimism on the horizon, but fundamentally the present excesses of human consumption and productions, and their misallocation globally, require a rapid reversal if the intent of the Paris Agreement on Climate Change, and the targets of the new Sustainable Development Goals are to have any chance of attainment.
The global institutional architecture
Authors: Labonté Ronald , Ruckert Arne
Published: May 2019

There is no global government, but a growing myriad of global governance platforms. Some are intergovernmental (United Nations and affiliated agencies, differing ‘clubs’ of nations such as the G-7 or G-20); others are multi-stakeholder, drawing together governments, private sector interests, civil society organizations, philanthropists, and academics or other prominent individuals. The plurality and questionable democratic legitimacy of many of these governance platforms is problematic in terms of who has authority or influence over global norms and rules affecting the social determinants of health. Four intergovernmental organizations are profiled for the distinct roles they play in global health governance: the World Health Organization (WHO) (nominally the lead global health governance body), the World Bank (whose financial resources eclipse those of the WHO), United Nations Children’s Fund (with a particular remit to improve children’s health), and the International Labour Organization (a unique tripartite body advocating for global social protection floors).
International human rights
Authors: Labonté Ronald , Ruckert Arne
Published: May 2019

A long-standing and fundamental facet of global governance for health has been the development of an international human rights framework. Arising from the aftermath of World War II, human rights are comprised of several different covenants that constitute international law, albeit lacking in international enforcement measures. When these rights are instantiated within national laws or constitutions, however, they become justiciable within a country’s legal system. There are also global bodies responsible for oversight of their implementation. Their strength, as with that of the Sustainable Development Goals’ Agenda 2030, may rest more on their normative force—how the world’s people imperfectly expressed through their governments believe the world should work and look like. Given a growing illiberal temper in the emerging post-truth world, whether the norms embedded in human rights law can rise to the challenge of ‘taming’ globalization’s neoliberal underpinnings is a pivotal question still awaiting a firm answer.
Global activism and the prospects for a healthier future
Authors: Labonté Ronald , Ruckert Arne
Published: May 2019

Economic inequality and ecological depredation are the two greatest health perils facing humanity. Globalization processes have intensified these entwined risks; but there are policy options that could begin to move both in a healthier direction. Some options are reform oriented, leaving basic economic systems intact; others are radical in the depth of global redistribution of wealth and environmental resources required. Mitigating policy choices from earlier chapters are gathered and summarized, along with descriptions of some of the peak civil society organizations working for global change across the activist spectrum from parsimonious reform to systemic overhaul. National governments remain the key policy actors in terms of how they choose to give shape to a contemporary globalization in need of a ‘shake up’ and not simply a ‘patch up’. The main advocates for such a ‘shake up’ at both national and global levels remain civil society organizations and their many activist members.
Quintilian and Rhetoric
Authors: Winterbottom Michael
Published: May 2019

This paper, which originally appeared in 1975 as part of a collection of essays on Silver Latin, provides a general introduction to Quintilian’s major work, the Institutio oratoria (An orator’s education). It portrays him as an admirer of Cicero who hoped to bring back oratory and oratorical education, both of which he saw as having been corrupted in his time, to the technical and especially the moral standards of previous generations. But the Institutio is in essence a rhetorical handbook, part of a long tradition of precept going back to fifth-century Greece, and Quintilian protests against those who in his day thought rules unnecessary. The paper discusses Quintilian as a literary critic, his own Latin style, and his comparative neglect until the Renaissance.
The Text of Sulpicius Victor
Authors: Winterbottom Michael
Published: May 2019

Sulpicius Victor was the author of a short rhetorical treatise in Latin, written perhaps in the fourth century AD. It is entitled Institutiones oratoriae, and covers, for instance, the definition of rhetoric, the parts of a speech, and especially the so-called status system, which codified the issues raised in lawcourts and provided arguments appropriate to the different types of case. This little work has not been edited since Halm’s Rhetores Latini Minores (1863) (though a new edition is in preparation), and it is transmitted only in a printed book, published in Basle in 1521. This paper, originally published in 1979, discusses the text of a number of difficult passages, often suggesting conjectural changes.
Quintilian the Moralist
Authors: Winterbottom Michael
Published: May 2019

This paper, which began life as a lecture given at Quintilian’s birthplace, Calahorra, was published in 1998. It concerns Quintilian’s use of moral language and his deployment of moral concepts. The many topics covered include his views on contemporary philosophers and the long-standing dispute between rhetoric and philosophy; what he means by ‘a good man’; his own work ethic and disapproval of time-wasting; his constant introduction of moral terms into discussions of style; his attitude to pleasure; and what he means by ‘natural’. It is suggested that these views were central to Quintilian’s first, lost work on the causes of the corruption of eloquence.
The Editors of Calpurnius Flaccus
Authors: Winterbottom Michael
Published: May 2019

Calpurnius Flaccus produced a short collection of extracts from declamation, perhaps in the second century AD. It has only been edited a handful of times. This paper, published in 2017, discusses the lives, methods, and merits of these few editors, from the Frenchman Pierre Pithou (1580) to the Swedish scholar Lennart Håkanson (1978). The manuscripts Pithou employed were of high quality, and even when more were uncovered in the twentieth century it was largely conjectural criticism that was required to improve his text. The paper assesses the quality of this conjectural work over the centuries. Systematic work on the manuscripts and on the elucidation of a tricky text was left to the twentieth century, when Håkanson’s Teubner text set a new standard. Illustration is made throughout from Declamation 13, of which Pithou’s editio princeps is reproduced. A new text follows, with an apparatus criticus, and a translation, with brief notes.
J. Cousin (ed., tr., comm.), Quintilien. Institution oratoire, Tome VII (Livre XII), Les Belles Lettres (Paris, 1980)
Authors: Winterbottom Michael
Published: May 2019

This review, which appeared in 1981, concerns the sixth and final volume of Jean Cousin’s Budé edition of Quintilian’s Institutio Oratoria (1980). It congratulates Cousin on his achievement, and finds that ‘it is a pleasure to report that matters here are much improved’. All the same, the irritation of the constant citation of the codex descriptus H continues. The reviewer disagrees with some of Cousin’s textual choices, and criticizes the balance of the notes, for example, the amount of space given to artistic matters (‘superfluous pages made longer by apologies for their superfluity’). The review ends with a list of ‘some miscellanea’.
What Can Sen’s Capability Approach Offer to Labour Law?
Authors: Collins Hugh
Published: May 2019

In response to modern questions about traditional justifications for the need for labour law, the chapter explains that such a justification must be a theory of justice. The chapter argues that Sen’s capability approach cannot, contrary to Langille’s claims, provide such a theory of justice for three reasons: the approach endorses relatively unregulated markets, its goal-based approach cannot justify adequate institutional foundations for labour law, and it fails to recognize distributive justice as a key aim of labour law. Nevertheless, Sen’s capability approach can throw light on the justice of particular aspects of labour law such as affirmative action and the importance of flexibility, learning, and autonomy at work.
The Need to Become Fashionable
Authors: Routh Supriya
Published: May 2019

This chapter evaluates the capability approach both in its ability to justify the traditional account of labour law and in its usefulness in furthering a newer conceptual articulation of regulation of work (labour law). The chapter undertakes this evaluation through an exploration of labour law scholars’ engagement with the capability approach. While labour law scholars’ engagement with the capability approach is varied, several of them offer a narrow interpretation of the approach. That interpersonal variations mandate different levels of resources and circumstances for individuals to attain similar functioning ability is one of the fundamental insights of the capability approach. Seen in the context of legal entitlements of heterogeneous workers—from Uber drivers to domestic workers—this insight signifies that substantive entitlements of workers need to be context-specific and diverse so that each different category of workers could expand their overall capability to a roughly equal level. It is the capability approach that is able to offer a coherent idea of legal regulation integrating heterogeneous legal entitlements under one conceptual whole. The chapter contends that while it is possible to justify the traditional account of labour law by employing the capability approach, full potential of the approach will be realized in engaging it in normative (re)conceptualization of regulation of work.
Capabilities, Contract, and Causality: The Case of Sweatshop Goods
Authors: Tjon Soei Len Lyn K.L.
Published: May 2019

This chapter presents a legal strategy informed by a capabilities approach to minimum contract justice that challenges the permissibility of consumer contracts for sweatshop goods. It replies to a common objection to this strategy, which posits that consumer contracts are not causally linked to exploitative labor standards and should therefore be considered valid contracts. This chapter argues that the causality objection mistakenly transposes the normative function of causality from questions of liability into the question of contractual recognition. While liability revolves around attribution of responsibility and blame, contractual recognition serves the purpose of protecting the minimum standard of justice as ensconced in the public institutions of society. Deplorable working conditions in global supply chains represent a serious justice concern and within international labor law scholarship it is common to pursue minimum labor standards or mechanisms that seek to restrict corporate conduct on the basis of voluntary commitments (e.g. codes of conduct). Instead, the argument from minimum contract justice offers an alternative legal strategy that questions the permissibility and contractual validity of exchanges the performance of which relies on exploitative production conditions.
The Results of My Model
Authors: Smithers Andrew
Published: May 2019

TFP has been on a long-term declining trend and over the most recent thirty- and twenty-year periods has run at 0.9 per cent per annum and 0.8 per cent per annum. Since 1980 TFP has fluctuated around these levels without any clear trend. Compared with estimates from the Congressional Budget Office and other forms of the consensus model, the model described in this book shows large differences. The figures for TFP are significantly lower and on occasion show a different change in direction. The contribution of TFP to labour productivity fell from nearly 100 per cent in the early post-war years to 60 per cent in 2016. Favourable changes in NTV have thus contributed 40 per cent of the improvement in labour productivity over the past twenty years. We are therefore not solely at the mercy of changes in technology but can enhance growth by changes in policy.
The Added Impact of Misinformation
Authors: Smithers Andrew
Published: May 2019

Growth has suffered from a rise in hurdle rates, due to the change in management incentives, probably amplified by misleading publicity about the cost of equity capital, which is commonly claimed to be a multiple of the real cost. The bonus culture encourages managements to misrepresent RoEs, so in bad times companies publish abysmal rather than merely bad profits, with the result that subsequent profits are overstated. The swings from understated to overstated increase published profit volatility. After being similar for fifty years, published profits have since 2000 become four times more volatile than national account profits. Claims that low investment and high margins are due to increased monopoly are shaky. The bonus culture is a better explanation as, among other things, it also accounts for the different levels of investment by quoted and unquoted companies and for the increased volatility of published profits.
Modernism in an Old Country
Authors: Saumarez Smith Otto
Published: May 2019

This chapter provides a biographical account of the architect-planner Lionel Brett fourth Viscount Esher. It shows how Brett attempted to combine modernist approaches with a passionate and pioneering commitment to the preservation of the historic urban environment. Brett’s planning work is also shown to have been informed and motivated by his patrician mentality. The chapter shows Brett formulating an approach to cities through his extensive journalism as well as his engagement with the New Towns movement through his planning of Hatfield as well as his involvement in organizations such as the Society for the Promotion of Urban Renewal and the Royal Fine Art Commission. The chapter goes on to give an account of Brett’s plans for Portsmouth and for York. It shows Brett’s profound disillusionment following the commercialization of the urban renewal agenda.
Introduction
Authors: Saumarez Smith Otto
Published: May 2019

The introduction to Boom Cities sets out the arguments and methodology of the book. It contends that the reshaping of central areas cannot be understood solely through architectural culture, but needs to be understood through the way that architectural culture became entangled with the political culture and ambitions of the period. Modernism, which has been the defining key in understanding this moment in all previous accounts, is therefore implicitly downgraded as an explanatory tool, and the book looks instead towards other explanatory categories, to better explain the seemingly contradictory features of complex individuals and the variety of their motives.
Poetry and Matter in the English Renaissance
Authors: Hyman Wendy Beth
Published: May 2019

Chapter 1, “Poetry and Matter in the English Renaissance” traces the crucial relationship between poetics and philosophical materialism in the early modern period, explaining why erotic verse so readily lent itself to confronting questions about the nature of being and of knowledge. This chapter shows that for Renaissance poets—informed by Lucretius’ great analogy between atoms and alphabetic letters—there is poetic form in elemental matter. The writing of poetry was therefore often understood as a physical practice, while poetry itself was understood as ontologically complex and efficacious. As terms such as “figuration” reveal, poetic making has both metaphorical and literal elements, which come especially to the fore in the ubiquitous blazons depicting the face of the beloved. Within the syntax of materialist poetics, foretelling the decay of the love object is therefore tantamount to a kind of deconstruction or unmaking—making poetry actually “do” the work of time. Multiple traditions, from Aristotelian hylomorphism to idealizing Petrarchism, had prepared the way for the female body to function as a proxy for embodied matter which poets could “figure,” “make,” or “undo.” This chapter presents the object of erotic poetry becoming just that: a fictional construct subjected to the recombinatory shaping of the godlike poet. As later chapters will develop, the paradoxical loneliness of the carpe diem invitation emerges from this troubling strategy, for it is an invitational form addressed to an entity it has forever exiled as metaphysically other. This chapter thus provides both a theoretical framework and historical background for the project’s larger claims.
Telling Time on the Body
Authors: Hyman Wendy Beth
Published: May 2019

“Telling Time on the Body” examines carpe diem in conversation with Renaissance visual arts of death. Lyrics that once seemed merely imitative of classical tropes take on paradoxical new life when we recognize that their depictions of time, aging, and death incorporate distinctly visual strategies for representing desiccation and emptiness. These artists ekphrastically reveal the effect of Time upon matter, turning the abstraction of temporality into something rendered hauntingly in green and ochre. Early modern poets, likewise, present pictorialized “Time” as the figure that divulges hidden truths about decaying bodies. They thereby claim their own consanguinity to Time, as fellow actants upon bodily material, while also presenting decay as an event that happens predominantly to women. Yet it is not misogyny alone that motivates these sometimes-grisly figurations of the aging or postmortem female body. Rather, in decomposing the idealized beloved—rosy cheeks, pearly teeth, and all—the poet also “unmakes” the Petrarchan poetry that first invented her, demonstrating his temporal triumph over tired poetic conventions. By vividly rendering the postmortem decay of the woman’s body, that is, the poet brings “death” not just to his supposed beloved, but also to Petrarchist clichés about the red and gold and white. Carpe diem’s unforgivingly visual program of poetic representation confronts outmoded mystifications with brute empiricism, and demands that erotic verse leave behind courtly conventions and claim a new place in literary history.
Saying No and Saying Yes
Authors: Hyman Wendy Beth
Published: May 2019

“Saying No and Saying Yes” turns at last from the speaker of the erotic invitation to its imagined auditor: the figure being invited to “seize the day.” Persuasion poets, of course, never expect acquiescence—the motif would hardly exist if ladies were easily seduced. However, Spenser’s The Faerie Queene and Milton’s A Maske are among those longer works that make room for very demonstrable acts of refusal, and both do so within an explicitly moral, Protestant context: Spenser via his knight Guyon (hearing Acrasia’s song in the Bower of Bliss), and Milton through his virginal and unnamed Lady responding to the libertine Comus. Despite some obvious similarities between these encounters, the two poets imagine remarkably different responses to the voluptuous invitations they feature. Spenser’s Guyon responds not with his putative virtue, Temperance, but vehement rage to Acrasia’s invitation in the Bower—becoming an agent of the very materialist forces he repudiates. Milton, on the other hand, imagines a place for chastity that is not built upon a sequestration of the self, but a willingness to seek, and find, trial. He thereby provides a model for perhaps the most “impossible” thought experiment of all, one in which a woman participates as an intellectual and rhetorical equal, and in whom eloquence, chastity, and desire can coexist. Milton thereby utilizes the trope to turn it on its head, constructing within it a forum for a proto-feminist articulation of agency and voice.
How do Populists Govern?
Authors: Pappas Takis S.
Published: May 2019

Chapter 5 deals with populists in office and exposes what the author terms the “populist blueprint.” Once again based on comparative empirical analysis, it explains how populist parties consolidate in power by means of grabbing the top state administration and depriving key liberal institutions of autonomy, especially the judiciary, state-independent authorities, and the media. Another common characteristic of all populist parties in office is their systematization of patronage politics under the logic of excluding the opposition from state-related benefits and other resources. Finally, the pieces of the illiberal and populist project are put together in an effort to think about it all in a systematic and rationalizing way.
Posthuman Postscript
Authors: Burrow Colin
Published: May 2019

The Postscript asks whether a machine could in the future successfully imitate a human poet. It discusses the history of artificially generated poems from early schoolroom manuals through John Clark’s ‘Eureka Machine’ of 1845 to the age of the computer. It relates Alan Turing’s ‘Imitation Game’, in which a computer mimics the linguistic behaviour of a human being, to a wider mid-twentieth-century tendency to see poetry as the ultimate challenge for an electronic imitator of human behaviour. The chapter argues that a computer which depended on statistical modelling of prior poetic corpuses would not be able to replicate the actions of a human imitator, because imitating authors imitate not simply words but practices, and those are not simply codifiable. Imitators do not simply follow the rules implicit in earlier texts, but might imitate an earlier author’s willingness to break those rules. The chapter shows that a pervasive opposition between biological and digital systems runs through writing about the possibility of artificially imitating human consciousness, which is the latest manifestation of the opposition between a ‘living’ recreation of a past author and a simulacrum. It concludes by discussing the Xenotext by the Canadian experimental poet Christian Bök, which seeks to create a perpetually living poetry engine embedded in the DNA of a permanently durable microbe. This takes the long-standing metaphor of a ‘living’ imitation to the cellular level, and makes of imitatio an unending biological process of transformation.
The Modalities of Judgment
Authors: Shieh Sanford
Published: May 2019

This chapter is an exposition of Frege’s theory of modality before adopting the sense/reference distinction. The background for understanding this theory is Kant’s conception of judgment and of the classification of judgments in the Table of Judgments. Frege agrees with Kant that modality is not an aspect of content. However, Frege’s discovery of modern quantificational logic leads him to reject Kant’s theory of logically significant structure. Moreover, Frege insists on a sharp distinction between judging and assuming, which leads him to reject Kant’s position that modalities mark distinct types of judgment. As a result, modality has no logical significance. Frege takes discourse in which we seem to ascribe necessity or possibility to contents to effect various sorts of implicature, and his accounts of these implicatures provides a reductionist and epistemic conception of modality.