bluuebunny/crossref_metadata_2025 huggingface dataset:
Conscious Seeing and Invariant Recognition
Authors: Grossberg Stephen
Published: July 2021

This chapter explains fundamental differences between seeing and recognition, notably how and why our brains use conscious seeing to control actions like looking and reaching, while we learn both view-, size-, and view-specific object recognition categories, and view-, size-, and position-invariant object recognition categories, as our eyes search a scene during active vision. The dorsal Where cortical stream and the ventral What cortical stream interact to regulate invariant category learning by solving the View-to-Object Binding problem whereby inferotemporal, or IT, cortex associates only views of a single object with its learned invariant category. Feature-category resonances between V2/V4 and IT support category recognition. Symptoms of visual agnosia emerge when IT is lesioned. V2 and V4 interact to enable amodal completion of partially occluded objects behind their occluders, without requiring that all occluders look transparent. V4 represents the unoccluded surfaces of opaque objects and triggers a surface-shroud resonance with posterial parietal cortex, or PPC, that renders surfaces consciously visible, and enables them to control actions. Clinical symptoms of visual neglect emerge when PPC is lesioned. A unified explanation is given of data about visual crowding, situational awareness, change blindness, motion-induced blindness, visual search, perceptual stability, and target swapping. Although visual boundaries and surfaces obey computationally complementary laws, feedback between boundaries and surfaces ensure their consistency and initiate figure-ground separation, while commanding our eyes to foveate sequences of salient features on object surfaces, and thereby triggering invariant category learning. What-to-Where stream interactions enable Where’s Waldo searches for desired objects in cluttered scenes.
Learning Maps to Navigate Space
Authors: Grossberg Stephen
Published: July 2021

This chapter explains how humans and other animals learn to learn to navigate in space. Both reaching and route-based navigation use difference vector computations. Route navigation learns a labeled graph of angles and distances moved. Spatial navigation requires neurons to learn navigable spaces that can be many meters in size. This is again accomplished by a spectrum of cells. Such spectral spacing supports learning of medial entorhinal grid cells and hippocampal place cells. The model responds to realistic rat navigational trajectories by learning grid cells with hexagonal grid firing fields of multiple spatial scales, and place cells with one or more firing fields, that match neurophysiological data about their development in juvenile rats. Both grid and place cells develop in a hierarchy of self-organizing maps by detecting, learning and remembering the most frequent and energetic co-occurrences of their inputs. Model parsimonious properties include: similar ring attractor mechanisms process linear and angular path integration inputs that drive map learning; the same self-organizing map mechanisms can learn both grid cell and place cell receptive fields; and the learning of the dorsoventral organization of multiple grid cell modules through medial entorhinal cortex to hippocampus uses a gradient of rates that is homologous to a rate gradient that drives adaptively timed learning at multiple rates through lateral entorhinal cortex to hippocampus (‘neural relativity’). The model clarifies how top-down hippocampal-to-entorhinal ART attentional mechanisms stabilize map learning, simulates how hippocampal, septal, or acetylcholine inactivation disrupts grid cells, and explains data about theta, beta and gamma oscillations.
Nonprofit Marketing
Authors: Landreth Grau Stacy
Published: July 2021

Chapter 1 introduces the concept of marketing and discusses the differences between marketing and nonprofit marketing, namely the issues around target audiences and the differences between the users of nonprofit services and the funding mechanisms that help them stay in business. This chapter discusses the reasons that nonprofit organization leaders have resisted marketing in the past and why it is important to embrace marketing today. It includes an overview of “philanthropy by the numbers” and examines some of the trends that are affecting nonprofit organizations. Finally, the first chapter provides a roadmap for the rest of the book.
Understanding and Engaging with Your Stakeholders
Authors: Landreth Grau Stacy
Published: July 2021

Chapter 4 covers the idea of target audiences for nonprofit organizations. This is one area where marketing for nonprofit organizations differs from that of other organizations, namely because the recipient of services don’t necessarily pay for these services. Instead the money for nonprofits typically comes from donors or other sources of funding. That said, it is important to understand each stakeholder and how to craft effective messages to reach them. Additionally, there are other stakeholders to consider. This chapter also discussed the core tenets of STP—segmentation, targeting, and positioning of audiences for nonprofit organizations. It includes several tools that are helpful for the STP process.
Marketing Communication Measurement and Evaluation
Authors: Landreth Grau Stacy
Published: July 2021

Chapter 8 picks up from Chapter 7 and discusses the importance of measurement and evaluation, particulary of marketing communications. Importantly, this chapter is not about program evaluation, but rather is concentrated on communication efforts. The chapter includes the differences and linkages among concepts such as goals, objectives, and metrics (and how these link back to strategy). The chapter goes into depth with metrics for measuring paid, owned, and earned media. This chapter underscores the importance of measuring (and research) to gain insights that allow for a more effective organizational presence.
Placeholders
Authors: Nathan Marco J.
Published: July 2021

Black boxes are placeholders. What is a placeholder? What role do they play in science? These questions are addressed via a discussion of biological fitness. Fitness is the propensity of an organism or a trait to survive and reproduce. In addition, fitness is a placeholder for a deeper account that dispenses with the concept of fitness altogether. These two theses are in tension. Qua placeholder, fitness is explanatory. Qua disposition, it explicates but cannot explain the associated behavior. The solution involves drawing a distinction between two kinds of placeholders. First, a placeholder may stand in for the range of events to be accounted for. In this case, the placeholder functions as a frame. It spells out a range of behaviors in need of explanation. Second, a placeholder may stand in for mechanisms which bring about the behavior specified by the frame. When this occurs, the placeholder becomes an explanans and one can refer to it as a difference-maker.
Diet Mechanistic Philosophy
Authors: Nathan Marco J.
Published: July 2021

This chapter compares and contrasts the black-boxing approach with the “new wave of mechanistic philosophy.” Is the present treatment of black boxes novel and original? Or is it a rehashing of ideas that have been on the table since the turn of the new millennium? The black-boxing recipe fits in quite well with the depiction of science being in the business of discovering and modeling mechanisms. All three steps underlying the construction of a black box have been stressed, in some form or degree, in the extant literature. Nevertheless, the construction of black boxes, as presented here, dampens many of the ontological implications that characterize the contemporary landscape. This allows one to respond to some objections raised against the traditional mechanism. For this reason, the author provocatively refers to black-boxing as a “diet” mechanistic philosophy, with all the epistemic flavor of the old-fashioned mechanistic view, but hardly any metaphysical calories.
The professional ethics of the Roma musicians of Ceuaş
Authors: Bonini Baraldi Filippo
Published: July 2021

Chapter 1 describes how the Roma musicians of Ceuaş conceive of their professional activity. In their opinion, when they are paid to perform they should “provide a service” and must endeavor to give satisfaction to everyone present. The chapter focuses on how musicians perceive their relationship with their clients. This is based on a key prescription: “to stay in your place.” This expression means abiding by a certain moral code, as much as it implies a particular standard of behavior. Musicians should both “keep their word” and “stay calm”: they should fulfill their contractual obligations without allowing themselves to get carried away by the atmosphere of revelry. This strict professional ethics is not specific to the musicians of Ceuaş and can be observed in other Roma communities of eastern Europe.
Introduction
Authors: Rustomji Nerina
Published: July 2021

The houri, the pure female companion of Islamic paradise, is a cosmic figure who has inspired interpreters across time, region, and language. The introduction presents the prevalence of the houri in print and online media and the vast and complex set of historical reflections about the houri. Houris appear in genres of Arabic theology and Arabic and Persian poetry, but they were also frequently found in English and American literature until the early twentieth century. The history of the houri is not an exclusively Islamic history. The Introduction also discusses theories about the houri’s origins and provides an overview of the chapters in the book.
A Reward
Authors: Rustomji Nerina
Published: July 2021

This chapter presents Islamic theological and historical texts about the houri and argues that the houri is an ambiguous reward of paradise that has developed multiple meanings. The chapter introduces the concepts of paradise, or the Garden, and hell, or the Fire, in Islamic history and surveys Qurʾanic commentaries, hadith collections, dictionaries, eschatological manuals, and book arts from the eighth to the fifteenth century. The chapter argues that there are multiple functions of the houri, including pure companion, sensual being, cosmic bride, and singing slave girl. These many functions of the houri arise because she is an ambiguous reward in paradise.
The Question
Authors: Rustomji Nerina
Published: July 2021

This chapter presents a critical question in online communities about the houri: “If men receive houris, then what do women receive?” By bringing together American and European perspectives and also classical Islamic and contemporary Muslim perspectives, the chapter presents four different answers: Muslim women receive misogyny; they receive eternity with their husbands; they obtain higher status than the houris; or they receive male houris of their own. The chapter argues that the question is built on assumptions about and expectations for gender parity, and the discourse surrounding the question demonstrates an Islamic scriptural interpretation that fuses American, European, and classical Islamic interpretations of the houri.
The Hidden History of Coined Words
Authors: Keyes Ralph
Published: July 2021

How are words coined? That provides the focus of The Hidden History of Coined Words. Based on extensive research, its author, Ralph Keyes, has determined that successful neologisms are as likely to be created by chance as by intention. A remarkable number were coined whimsically, to taunt, even to prank. Miscegenation resulted from a hoax, suffragette to disparage radical suffragists. Wisecracking produced scientist, and crowdsource. More than a few neologisms resulted from happy accidents such as typos, mistranslations, and misheard words (like bigly, and buttonhole). Isaac Asimov introduced robotics in a story without realizing it was his own coinage. Many of the word coiners Keyes writes about come from unlikely quarters. Neologizers (a Thomas Jefferson coinage) include not just learned scholars and literary lions but cartoonists, columnists, children’s authors. Wimp originated in an early 20th century children’s book series called The Wymps, goop from a series about The Goops. Nerd first appeared in Dr. Seuss’s 1950 book If I Ran the Zoo. South African General Jan Smuts, an architect of what became apartheid, coined the word holism in 1926. Competing claims to have coined terms such as gonzo, affluenza, and yuppie are assessed, as are epic battles fought between new word partisans and those who think we have enough words already. A concluding chapter assesses how words are successfully coined and become part of the lexicon.
Taunt Terms: Euro
Authors: Keyes Ralph
Published: July 2021

Ever since Horace coined sesquipedalia to mock the over-long words used by pretentious poets, terms meant to taunt have popped up often in the lexicon. A will to disparage can inspire neologisms that are vigorous and clear without being self-conscious. Bureaucracy is based on a French expression created to ridicule government employees who work at “bureaux” (desks). Impressionist was meant to mock members of a school of Parisian painters. Other Gallic terms whose origins were pejorative include silhouette, and guillotine. British neologisms coined to disparage include suffragette, big bang, meritocracy, and lumpectomy. Creating words to insult is a risky business, however. Those who coin a derisive term to give someone’s knuckles a smart rap commonly find that word being taken seriously. As part of the process linguists call “semantic shift,” such coinages lose their derogatory flavor.
Nonstarters
Authors: Keyes Ralph
Published: July 2021

Most coined words die with their coiner. Failure to attract users is an occupational hazard of neologizing. In the world of neology, nonstarters are the norm. Even coined words that enjoy a brief run seldom last. Thinks of this as Sniglet syndrome (for the many cleverly coined “sniglets” that didn’t catch on). When one searches the word “coined” online, it’s striking how many neologisms that at one time looked promising have disappeared. After burning brightly for a time, they fizzled out. Like seasonal kiosks, such terms pop up, do some trade, then vanish. They prove to be pop-ups. New words rooted in current events are particularly likely to become pop-ups (e.g. the onetime “word of the year,” Y2K). Terms that are time and context-specific seldom have lasting utility. Even success coining one word doesn’t guarantee success coining another. Mencken did far better with Bible belt than with ecdysiast (stripteaser).
Caste Abolished
Authors: Burkholder Zoë
Published: July 2021

Chapter 1 examines the earliest debates over school integration in Boston, Rochester, Cincinnati, Jamaica (New York), and a number of smaller towns. It argues that Black northerners viewed integrated public schools as essential to abolishing slavery, establishing Black citizenship, and eliminating racial prejudice. For abolitionists and Black leaders, the symbolic ideal of school integration took precedence over concerns about the quality of education available to Black youth. In contrast, Black families and teachers prioritized access to high-quality education and believed separate schools could better meet this goal. The ensuing debates between Black integrationists and separatists were intimately tied to the abolitionist movement, Civil War, Reconstruction, and the rise of Jim Crow. By the turn of the twentieth century, Black northerners had won the right to attend public school on an equal and integrated basis, yet they struggled against a rising tide of bigotry and residential segregation.
The Education That Is Their Due
Authors: Burkholder Zoë
Published: July 2021

Chapter 2 identifies a distinct uptick in northern Black support for separate schools. The rise of scientific racism fueled anti-Black discrimination that accelerated alongside the first Great Migration and the Great Depression. Hostile whites segregated classrooms and buildings in defiance of state law as Black populations increased. At the same time, there is compelling evidence from New Jersey, New York, Ohio, Indiana, Illinois, and Michigan that Black families either passively accepted or actively requested separate classrooms and schools in order to access Black teachers. Many Black northerners believed separate schools would offer a higher quality education and more of the teaching and administrative jobs that sustained the Black middle class. Still, this position was far from universal, and many northern Black communities energetically resisted school segregation. A growing number of Black intellectuals and civil rights activists vehemently objected to any form of state-sponsored segregation and campaigned actively for school integration.
How to Know Everything, Oren Izenberg
Authors: Izenberg Oren
Published: July 2021

Poetry’s critics and defenders have tended to agree that whatever the achievements of the art may be, knowledge (in the “ordinary” philosophical sense) is not among them. This chapter mounts a defense of the epistemic ambitions of Emily Dickinson’s poetry. It offers an extended comparison between Dickinson’s poetry and the “Cosmoscope,” the imaginary tool offered in David Chalmers’s Constructing the World. The Cosmoscope allows Chalmers to consider what basic truths would be required to make an entire universe of truths accessible to reason. By highlighting the parallels between Chalmers’s basic classes of truth and Dickinson’s recurrent poetic emphases on descriptive precision, phenomenological sensitivity, formal indexicality, and thematic totality, the chapter aims to show that Dickinson understands her poems as assays in knowledge seeking within a knowable world—and to suggest that we should evaluate them accordingly.
Teaching the Whole Musician
Authors: Savvidou Paola
Published: July 2021

This book offers applied music instructors a practical guide for supporting their students’ wellness by integrating holistic techniques into their pedagogy. The main argument in this book is that the mentorship dynamic within the applied studio situates pedagogues in a unique position to guide and mentor their students toward a healthy and satisfying artistic life. Wellness, as a relatively new dimension within health education for musicians, can be intimidating for applied instructors. Many teachers lack the training and confidence to enter conversations in this arena. Grounded in recent research, coupled with extensive in-person interviews with students, faculty, and healthcare professionals, this book demystifies the causes, challenges, and limiting factors around maintaining a healthy artistic practice, while revealing practical solutions for achieving and maintaining wellness as a performing artist. Each chapter includes a toolkit of practical exercises and activities that can be easily integrated within the applied lesson. Topics covered include injury prevention, alignment and the breathing mechanism, mental health, contemplative practices, Laban Movement Analysis, nutrition, and sleep.
The Power of the Mind
Authors: Savvidou Paola
Published: July 2021

This chapter addresses contributing factors toward mental health challenges, protective practices, and common mental health disorders. Contributing factors include moving away from family for the first time, dealing with new living situations, adjusting to an entirely new schedule, imposter syndrome (the feeling of being a fraud), social isolation, and managing a heavier workload. An overview of common mental health disorders includes information about symptoms and treatment for anxiety, depression, attention deficiency/hyperactivity disorder, autism spectrum, and bipolar disorder. Guidelines for how the instructor can encourage self-care, as well as how to respond to different levels of distress, are presented. A mental health toolkit at the end of the chapter provides exercises for cultivating mindfulness, developing time-management tools, and coping with imposter syndrome and performance anxiety.
The Death of falsafa as a Self-Description of Philosophy
Authors: Griffel Frank
Published: July 2021

Al-Ghazali’s Precipitance of the Philosophers (Tahafut al-falasifa), published in 488/1095, changed the way the label falsafa was understood in Arabic scientific literature. Falsafa is a calque from the Greek word philosophía, and before al-Ghazali it was widely understood in a sense similar to the Greek word, namely as a reference to the scientific discipline and discourse that began with the works of Plato and Aristotle and continued in Arabic with al-Kindi or al-Farabi. Based on an earlier use of the term in kalam literature, however, al-Ghazali understood falsafa as a reference to a particular set of teachings put forward by one particular group of philosophers, namely the followers of Avicenna (Ibn Sina, d. 428/1037). Scholars of the sixth/twelfth century largely adopted this meaning of falsafa, so that in subsequent Arabic and Persian scientific literature the word was mostly used as a reference to Avicenna’s teaching and to Avicennism and not as a reference to the discipline and discourse of philosophy as such.
Books and Their Genre
Authors: Griffel Frank
Published: July 2021

Beginning with an analysis of al-Ghazali’s Doctrines of the Philosophers (Maqasid al-falasifa), this chapter reconstructs the development of books in the genre of hikma during the sixth/twelfth century. The chapter suggests that works such as Fakhr al-Din al-Razi’s Eastern Investigations (al-Mabahith al-mashriqiyya) and his highly influential Compendium on Philosophy and Logic (al-Mulakhkhas fi l-hikma wa-l-mantiq) have their origins in the genre of reports of philosophical teachings written by Muslim theologians. The prime example of this genre is al-Ghazali’s Maqasid. The chapter analyzes how this latter book was viewed and used during the sixth/twelfth century and how it triggered forgeries. It shows how books that wish to report the teachings of falsafa became more and more engaged in developing these teachings, a development that ends in the two comprehensive summae of philosophy written by Fakhr al-Din al-Razi.
Vocational Education and Youth Labor Market Integration
Authors: Muja Ardita , Gesthuizen Maurice , Wolbers Maarten H. J.
Published: July 2021

The transition from school to work is a crucial change young people experience during emerging adulthood, as the first steps taken into the labor market can influence future labor market careers and life prospects. One of the key responsibilities of education is to prepare students for the labor market, in which the vocational specificity of education systems is regarded as the central component in youth’s preparation for and allocation to the labor market. Despite many empirical studies examining the underlying mechanisms of the vocational impact of education on youth labor market integration, a review on this vast literature is lacking. Hence, in this chapter the authors provide a literature review on the role of vocational specificity in youth labor market integration, which operates through the individual level, study program level, and education system level. Moreover, a coherent system of indicators that measure vocational specificity at the three levels is provided.
Gateways to Occupational Success
Authors: Parker Philip D. , Bodkin-Andrews Gawaian , Trudgett Michelle , Walter Maggie
Published: July 2021

Education is a gateway to occupational success for emerging adults. Differences in access and uptake in higher education are thus a primary explanation for social stratification. In this chapter, the authors consider what might explain the Indigenous gap in educational attainment. Using multiple cohorts of the Longitudinal Study of Australian Youth, they show that the typical processes of educational mobility are similar across Indigenous and non-Indigenous emerging adults and have remained fairly constant in recent decades. Rather, educational inequality appears to result from lower attainment in both Indigenous parents and their children. Pursuing this lower level of attainment, the authors show that standard Western models of educational attainment fail to fully explain Indigenous educational inequality. They suggest a need to consider the unique knowledges and experiences of Indigenous people. They also argue that research needs to pay greater attention to the intersection between Indigenous status and other minority or marginalized statuses.
Model Data
Authors: Larsen Kai R. , Becker Daniel S.
Published: July 2021

After preparing your dataset, the business problem should be quite familiar, along with the subject matter and the content of the dataset. This section is about modeling data, using data to train algorithms to create models that can be used to predict future events or understand past events. The section shows where data modeling fits in the overall machine learning pipeline. Traditionally, we store real-world data in one or more databases or files. This data is extracted, and features and a target (T) are created and submitted to the “Model Data” stage (the topic of this section). Following the completion of this stage, the model produced is examined (Section V) and placed into production. With the model in the production system, present data generated from the real-world environment is inputted into the system. In the example case of a diabetes patient, we enter a new patient’s information electronic health record into the system, and a database lookup retrieves additional data for feature creation.
Introduction
Authors: Minow Martha
Published: July 2021

As traditional for-profit news media in the United States decline in economic viability and sheer numbers of outlets and staff, what does and what should the constitutional guarantee of freedom of the press mean? The book examines the current news ecosystem in the United States and chronicles historical developments in government involvement in shaping the industry. It argues that initiatives by the government and by private sector actors are not only permitted but called for as transformations in technology, economics, and communications jeopardize the production and distribution of and trust in news and the very existence of local news reporting. It presents twelve proposals for change to help preserve the free press essential to our democratic society.
Does the First Amendment Forbid, Permit, or Require Government Support of News Industries?
Authors: Minow Martha
Published: July 2021

Chapter 3 explores the First Amendment implications of government support of the news industry. It challenges the assumption that the Constitution bars any governmental role in the news media by analyzing First Amendment decisions by courts and legislatures, including historical shifts in First Amendment interpretations. The analysis identifies a range of constitutionally permissible tools for government actions to strengthen or save news industries and advances a positive conception of First Amendment rights that both sanctions and motivates new approaches to sustain the free press. First Amendment values strongly support government action to protect the generation, production, and distribution of news.
Coda
Authors: Minow Martha
Published: July 2021

Chapter 5 concludes with a call to action to fix the crisis in the news media. The First Amendment’s guarantee of free speech and free press presupposes the existence of an independent press. That predicate is now in jeopardy. Changes in the news industry threaten the project of democracy and obligate the government to act. The First Amendment is not a barrier but instead a basis for such action.
Synthesizing Imaginations
Authors: Rosenblatt Jason P.
Published: July 2021

Milton’s engagement with Selden’s natural law theory is a factor in the transformation that occurs between his earlier anti-prelatical tracts and the later treatises on divorce, freedom of the press, and the citizens’ right to depose any ruler. In his poetry, despite his Christian doctrinal preference, Milton’s non-hierarchical aesthetic attests to the amplitude of his vision. This derives in part from his exposure to Selden’s method of giving a fair hearing to all his pagan, Christian, Jewish, and Muslim sources. But the same passage in the Areopagitica that demonstrates Selden’s influence becomes, in the latter part of the chapter, a point of entry into the different ways that a scholar and a poet-polemicist view the same object. Selden recognizes the importance of mediated experience, whether scientifically, through a telescope, or religiously, through tradition. Milton distrusts “the glass of Galileo, less assured,” and believes only in sola scriptura and immediate experience.
Selden and Milton on the Bible
Authors: Rosenblatt Jason P.
Published: July 2021

The Bible provides the scope for Selden and Milton to display their brilliance: one as a great scholar boldly following his vision of the truth wherever it leads, the other as a creative genius finally overcoming his strong precursor, the King James Bible, to become the supreme poet of the hexaëmeron. Selden focuses his biblical Hebraic and post-biblical rabbinic scholarship on New Testament passages, offering immensely learned and sometimes startlingly original readings of the Apostolic Decree (Acts 15:20, 29; and 21:25) and four events in the life of Jesus: his rebuke of the Jews regarding korban (Mark 7:9–12); his pronouncement that “the truth shall make you free” (John 8:31–2; his driving the money-changers from the temple (John 2:13–17); and his trial (Matt. 26:63–6). If God is Milton’s father, and his scriptural word is the strongest of all precursor texts, then the King James Bible is the most intimidating version of that text. Milton’s marginal Hebrew substitutions for the KJB Psalm translations (1648) reveal anxiety and defensiveness. But the creation account in book 7 of Paradise Lost compresses the verses of Genesis 1, reducing them to their constituent elements and then outdoing them with the energy and magnificence of his interlinear poetic commentary. The poet’s anxiety-free transcendence of the KJB in book 7 can be seen as part of a general sense of joyous creativity.
Selden and Milton on Family Law
Authors: Rosenblatt Jason P.
Published: July 2021

This chapter discusses the relationship between Selden and Milton on family law. Like that of the first family in paradise, it may be mutual, although not equal. Milton drew on Selden’s scholarship for his ideas about concubinage, polygamy, the church’s meddling in marriage, and especially divorce. But Selden’s ownership of two Miltonic treatises on divorce, Tetrachordon and Colasterion (1645), both of them presumably acquired while he was writing Uxor Ebraica (1646), complicates the question of influence and suggests a possible reverse motion of spirit. The chapter begins by describing some of the differences between Selden’s two discussions of family law, both cited by Milton, the primordial, universal, natural law in De Jure Naturali et Gentium and the civil law of the Jews in Uxor Ebraica. Various hints—seedlings—in Milton’s Tetrachordon might have germinated in Selden’s mind to become the majestic flowering plant that occupies the four full chapters (3.20–3) of Uxor Ebraica devoted to the key phrases on divorce in Deuteronomy 24:1 and Matthew 5:32. Milton expanded the meaning of the Bible’s word fornication to include non-sexual sins or defects. Selden, relying mainly on the Talmud, would have retrojected Miltonic ideas into the debate over divorce that he established as occurring in the first century bce.
Making Law and Recording It: Part II
Authors: Rosenblatt Jason P.
Published: July 2021

John Selden’s historico-philological approach tends to prove that religious authority has its origins in civil institutions and their legal procedures, and to that extent his “literary” (philological) encounter with ancient texts helps determine the nature of law. Selden was an active member of the Long Parliament, chairing or serving on many committees, but there are very few transcripts of his speeches and none of his debates on the floor of the House of Commons. His only surviving debates from that decade took place in the Westminster Assembly of Divines, to which he was appointed by Parliament as a lay member. That makes them especially valuable. Even so, many of the transcripts are so lacunose that they are indecipherable as they appear in those volumes. This chapter is devoted to filling in the gaps and making the speeches coherent by finding their contexts in Selden’s scholarly works.
The History, Justification, and Purpose of Mental Health Law
Authors: Wilson Kay
Published: July 2021

Chapter 2 examines the historical development of mental health law in England (which is similar to the rest of the common law world, including America, Canada, and Australia) and uses that history to consider the justification, purpose, and need for mental health law from Ancient Greece to the present. Contrary to the claims of abolitionists that mental health law has essentially always stayed the same, it demonstrates a history of continuous legal and systemic reform in mental health law. Rather than an over-zealous and interfering state keen to exercise social control over persons with mental impairment, it instead depicts a state which for the most part reluctantly only became involved in the care of persons with mental health problems when informal care by family and friends failed or was non-existent, to prevent abuses by private operators, and as an incident of its administration of the criminal law. When set against the background of the fashions, cycles, and recurring themes of mental health law, the call of abolition can be conceptualized as simply the latest fad in its evolution. Further, many of the issues which arise from mental health problems will continue to exist even without mental health law. Mental health law can be positive and negative, including defining and protecting rights and allocating resources. The chapter cautions against being too optimistic about the promises of sweeping revolutionary changes which have never really delivered (deinstitutionalization or the ‘abolition’ of the asylum being the most poignant example), in favour of solid incremental change.
The Case for the Abolition of Mental Health Law
Authors: Wilson Kay
Published: July 2021

Chapter 3 traces the history of opposition to mental health law including anti-psychiatry and the emergence of the disability rights movement explaining where the call for the abolition of mental health law has come from and why it has emerged in international human rights law now. It argues that the call for abolition is more than just a reaction to historically poor treatment, but is a qualitatively different basis for understanding mental impairment. It explains the Abolition with Support model and sets out the key arguments for the abolition of mental health law being that mental health law is a form of social control of non-conformists, that it is discriminatory and a denial of legal capacity, that free and informed consent is integral to the right to health, that it is an unjustified interference with liberty, that it is an unjustified interference with the integrity of the person, that it is a form of torture and cruel, inhuman, and degrading treatment and punishment, that it is inconsistent with the right to independent living, that it is ineffective and un-therapeutic, that there are better non-coercive alternatives, that it undermines the ‘dignity of risk’ of persons with mental impairment, and that mental health law is too ‘easy’ and creates a culture of coercion throughout the entire mental health system. While I ultimately argue against the abolition of mental health law in favour of substantial reform, I argue that it is important to listen to and properly understand abolitionists’ concerns in order to improve mental health law and include persons with mental impairment in the policy-making and health-care decision-making process.
The ‘Interpretive Compass’ of the CRPD: The Theory of Dignity
Authors: Wilson Kay
Published: July 2021

Chapter 4 explains the ‘interpretive compass’ and examines the first limb being the theory of dignity in international human rights law and as a core value of the CRPD. It explores the meaning of dignity in the disability context and breaks it into its key components being that dignity involves recognition of inalienable intrinsic human worth, the relationship between dignity and equality, that dignity requires people to behave with dignity, that dignity requires a person to be treated with dignity, that the state should organize itself to support dignity, and the relationship between dignity and autonomy.
The Interpretive Compass Part 2: Theories of Equality and Non-Discrimination
Authors: Wilson Kay
Published: July 2021

Chapter 6 explains the second limb of the interpretive compass—equality and non-discrimination. The concepts of equality and discrimination are highly complex and contested in law, politics, and philosophy. This Chapter argues that the text of the CRPD is based on a wide-ranging, eclectic, and under-developed conception of equality and discrimination which is prone to inherent tensions, especially in relation to the proposed abolition of mental health law. That is, it notes conflict between formal equality in abolishing mental health law to treat everyone the same and achieving substantive equality which is sufficiently sensitive to difference, as well as conflict between direct and indirect discrimination. I describe all of the different types of equality and non-discrimination which underpin the model of equality and non-discrimination in the CRPD. I argue in accordance with my overarching contention that a meaning of equality and non-discrimination which is consistent with the overall purpose of the CRPD to ensure the enjoyment of all of the rights of persons with mental impairments is to be preferred. That is, in accordance with international human law, all rights are seen as ‘universal, indivisible, interdependent and interrelated’. I propose a holistic vision of equality in which persons with disabilities are able to live a meaningful life with housing, education, employment, family, and leisure taking into account their impairments and where realization of one right should not be at the cost of sacrificing others.
Difficulties with the Meaning of Equality, Non-Discrimination and Participation in the CRPD, and their Application to the Abolition with Support Model
Authors: Wilson Kay
Published: July 2021

Chapter 7 considers the difficulties with the meaning of equality and non-discrimination in the CRPD and what this means for the call for the abolition of mental health law. These difficulties include determining the equality of what, equality with respect to whom and finding an appropriate comparator, determining whether involuntary detention and treatment is a benefit or detriment, and how to address the difference and sameness of persons with mental impairments. Specifically, whether the difference between persons with and without mental impairments is real and whether supported decision-making is sufficient to make persons with mental impairments equal to those without disabilities. It also introduces and discusses the third limb of the interpretive compass, the right to participation. It argues that the right to participation is a right for persons with disabilities and their organizations to be consulted with in good faith about policy and individual health decisions and for their views to be taken seriously. It does not mean that States Parties have to do everything persons with disabilities want, nor is it a power of veto. That said, States Parties should probably implement the wishes of persons with disabilities unless there is a good reason not to. Even so, the right to participation raises a number of difficulties in determining whether disabled persons organizations are sufficiently representative of their constituents and all persons with disabilities generally, including those with intersecting identities.
Conclusion
Authors: Wilson Kay
Published: July 2021

Chapter 9 summarizes the arguments in each chapter, discusses my conceptual framework and methodology, and brings together all of the issues discussed in the book to a focussed and practical conclusion. It justifies why I argue that contrary to the arguments of abolitionists, mental health law should not be abolished, but be reformed by decreasing coercion and increasing social support to persons with mental impairments to maximize their dignity (including autonomy), equality, and participation in accordance with the overall object and purpose of the CRPD.
The African Union and the Advancement of Democracy
Authors: Abebe Adem K , Fombad Charles M
Published: July 2021

The African Union (AU) has as one of its goals the promotion and protection of democracy, human rights, and constitutionalism. A critical element of this goal is the rejection of unconstitutional changes of government (UCG), particularly in the form of coups d’état. While there have been some inconsistencies, the AU has rejected coups d’état and called for the reinstatement of democratic dispensations. Nevertheless, the UCG framework has been unable to stem subtler mechanisms of retaining power, such as the suspension of elections or the imposition of ostensibly proper constitutional reform initiatives. This chapter calls for increased attention to the latter forms of extending governmental power. Specifically, it recommends the establishment of formal mechanisms through which the AU can engage directly and offer assistance at moments when reform proposals are debated so as to ensure that domestic actors take cognizance of both the relevant AU frameworks and the comparative continental and global experience. Such a mechanism would be comparable in its workings to the Venice Commission of the Council of Europe.
Local Multiparty Democracy in Africa
Authors: Steytler Nico
Published: July 2021

This chapter argues that democratic local government embeds the culture of democracy at grassroots: as the government closest to the people, it establishes a culture of responsiveness, transparency, and accountability more readily and effectively than by holding national leaders to account. Local democracy can also be used strategically when a country seeks to move from an authoritarian or military regime to democracy. Furthermore, it provides space for political inclusivity—an argument with particular relevance in ethnically diverse societies, where a winner-takes-all paradigm of competition at the national level typically results in the marginalization of geographically concentrated losers. Finally, local government allows for experimentation in different forms of inclusive politics, be they representative or participatory. However, although most African countries have adopted decentralization policies, the dividends are meagre. Local government is but feebly equipped to play a democracy-constituting role: operating in a constrained constitutional environment, central governments have generally not allowed local governments the opportunity to hold regular free and fair elections and thereby play a role in democratization. Despite these findings, there is also some evidence that on occasion local democracy has indeed played such a role and thus enhanced democratic participation.
Competitive Authoritarianism in a Constitutional Democracy
Authors: Melber Henning
Published: July 2021

The overwhelming dominance of the former liberation movement the South West Africa People’s Organisation (SWAPO) in terms of electoral support since independence resulted in a de facto one-party rule in Namibia’s democracy for the last 30 years. This has, in democracy theories, been labelled as competitive authoritarianism, and made it easy for SWAPO to fully endorse the democratic principles vested in the country’s Constitution, adopted as the last step to national sovereignty resumed on 21 March 1990. This chapter presents an overview on the SWAPO dominance in Namibia’s political system. It then looks at the degree the party and its leaders recognize and respect the constitutional democracy. It ends with a summary of the last National Assembly and Presidential elections, which suggest a turning point towards a loss of dominance and legitimacy of SWAPO, while still retaining the political control.
Adjudication of Disputed Presidential Elections in Africa
Authors: Kaaba O’Brien , Fombad Charles M
Published: July 2021

In almost all countries, the presidency is the most powerful and coveted position. Not only does it give access to, and control of, the country’s resources, but it also allows the incumbent control of the use of coercive force. It is thus little wonder that most of the post-electoral violence in Africa has centred around presidential elections. The reintroduction of multipartyism in the 1990s brought about intense competition for this most coveted position, and over the years the frequency of disputes as well as their intensity and threat to Africa’s fledgling constitutionalism have increased. Although most of these disputes have ended up before the courts, there has been no systematic attempt to understand how the courts deal with such disputes. This chapter intends to fill this gap in the literature. Adapting a comparative perspective, it begins by examining the mechanisms different African countries use to adjudicate disputed presidential results, and then looks at the main trends in the decisions courts have taken in this regard. Despite the range of mechanisms and procedures that exist, with the exception of the unprecedented decisions of the Kenyan Supreme Court and Malawian Constitutional Court nullifying the results of presidential elections in 2017 and 2020, respectively, the courts or adjudication bodies in all other cases have confirmed the election results. This chapter will try to find out why this is so and what lessons can be learnt from the decisions.
How Zimbabwe’s 2013 Constitution Addresses Women’s Election and Participation in Parliament
Authors: Makonese Makanatsa
Published: July 2021

The 2013 Constitution of Zimbabwe has been hailed as a modern and progressive Constitution that addresses contemporary human rights issues, including gender equality and the promotion of women’s rights. It clearly provides for gender parity in public bodies, including in elective positions. The affirmative action provisions on a women’s quota in the National Assembly and gender equality in party lists for Senators have been useful in increasing the number of women in parliament. However, even with these improvements, the mere existence of the progressive Constitution has not led to gender parity in the Parliament of Zimbabwe or in other elective or public institutions such as local councils and cabinet. This is mainly because key actors and structures such as political parties, the government, and the successive Presidents of Zimbabwe have not fully adhered to the provisions of the Constitution regarding gender equality in public bodies, except where the Constitution provides explicit guidance on how to achieve this. The enactment of legislation to operationalize some of the less explicit provisions of the Constitution may therefore be useful in ensuring compliance with the gender equality provisions in relation to parliament and other public bodies in the country.
Periodic Hamiltonians and the Emergence of Band Structure: The Bloch Theorem and the Dirac Kronig–Penney Model
Authors: Steel Duncan G.
Published: July 2021

Crystals are defined by their atomic makeup and their crystal symmetry. The spatial symmetry leads to a periodic potential that localizes the electron or carrier at the lattice sites corresponding to the location of the atoms. But because of the periodicity of potential the particles wave function extends throughout the entire crystal, not localized at a specific atom. This delocalization of the wave function gives rise to the band structure in crystals such as those that are semiconductors. This chapter explores the physics that emerges in the wave function when the time independent Schrödinger equation is solved for a periodic potential.