bluuebunny/crossref_metadata_2025 huggingface dataset:
Religion in Israeli Politics
Authors: Ben-Porat Guy
Published: October 2020

Religion has played an important part in Israeli politics, and religious–secular contentions are likely to remain part of the political landscape. In the early years of Israel’s statehood religious politics was contained by common goals; secular ambivalence toward religion; and a political leadership able to create agreements, both formal and informal, known as the status quo. Beginning in the 1990s, however, economic, demographic, and sociocultural changes undermined the agreements, and religious questions became politicized. Israeli governments were unable to mediate between new demands of secular and religious groups, so subpolitics—political actions outside the formal political sphere—combined with traditional politics to become a way for Israelis to struggle for and against religious authority.
Electoral Behavior in Israel
Authors: Shapira Assaf , Rahat Gideon
Published: October 2020

This chapter reviews, analyzes, and explains general patterns of electoral behavior in national elections in Israel from 1949 to 2019. It examines both patterns of voter turnout and the choice of a specific party. While it looks at historical trends, it focuses mainly on more recent developments. The types of factors that explain variance and trends in these behavioral patterns are not unique to Israel. Yet the specific relative weight of each factor clearly tells much of the story of Israeli politics. These factors include, especially, the influence of religiosity on Jewish voting patterns and the separate development in voting patterns (turnout and party choice) of the minority population of Israeli Arab citizens.
The Field of Language and Race
Authors: Alim H. Samy , Reyes Angela , Kroskrity Paul V.
Published: October 2020

This handbook is the first volume to offer a sustained theoretical exploration of all aspects of language and race from a linguistic anthropological perspective. A growing number of scholars hold that rather than fixed and predetermined, race is created out of continuous and repeated discourses emerging from individuals and institutions within specific histories, political economic systems, and everyday interactions. This handbook demonstrates how linguistic analysis brings a crucial perspective to this project by revealing the ways in which language and race are mutually constituted as social realities. Not only does the volume position issues of race, racism, and racialization as central to language-based scholarship, but it also examines these processes from an explicitly critical and anti-racist perspective. The process of racialization—an enduring yet evolving social process steeped in centuries of colonialism and capitalism—is central to linguistic anthropological approaches. This volume captures state-of-the-art research in this important and necessary yet often overlooked area of inquiry and points the way forward in establishing future directions of research in this rapidly expanding field, including the need for more studies of language and race in non-US contexts. Covering a range of sites from Angola, Brazil, Canada, Cuba, Italy, Liberia, the Philippines, South Africa, the United Kingdom, the United States, and unceded Indigenous territories, the handbook offers theoretical, reflexive takes on the field of language and race, the larger histories and systems that influence these concepts, the bodies that enact and experience them, and finally, the expressions and outcomes that emerge as a result.
Immigration, Language, and Racial Becoming
Authors: Ibrahim Awad
Published: October 2020

The syntax of Blackness, this chapter argues, complicates the categories of immigration and language in ways that are yet to be fully understood. When Black immigrants arrive at the shores of North America, they go through an extremely complicated, rhizomatic process of identity transformation, where their identification is not with mainstream but with North American Blackness. For Black immigrants, to become American or Canadian is to become Black, that is, to enter an ethnographic process of observation, translation, and taking note of how people walk, talk, dress, etc. This renders Blackness a multicultural, multiethnic, and multilingual category, which in turn impacts what Black immigrants learn and how they learn it. They learn Black English, which they access in and through Black popular culture. What we learn, I conclude, is no longer linear, haphazard, and without intentionality. In learning what they learn, Black immigrants are saying, “Aren’t we Blacks too?”
Language, Race, and Reflexivity
Authors: Lo Adrienne , Chun Elaine
Published: October 2020

This chapter reviews research on language and race in the United States, concentrating on two paradigms of research: research focused on linguistic differences and racial discrimination and research focused on ideologies and racialization. It examines several thorny conceptual issues that arise in the first paradigm and that specifically relate to the notion of the ‘ethnolect’, including their labeling, distinctiveness, authenticity, and multidimensionality. It also argues for the importance of a reflexive approach that entails looking at racialized language as an ideological construct and situating processes of racialization across multiple scales of space and time and within structures of power. Such an approach recognizes how processes of racialization, which take place in both scholarly and everyday contexts, often prioritize the perspectives and interests of certain people over those of others.
Racing Indian Language, Languaging an Indian Race
Authors: Meek Barbra A.
Published: October 2020

This chapter is an exploration of how race and language become entangled in representations and ideas about what it means to be seen and recognized as Native American. Most conceptions of Indianness derive from scholarly European-derived representations and evaluations and from popular narrative media, the one often bootstrapping the other. In tandem, these public manifestations perpetuate the racialization of Indian languages and of Indianness, most ubiquitously in and through a discourse of “blood.” Several ideologies configure the racial logic that determines Indianness: purism (percentage of “Indian blood”), visibility (racialized—and cultural—manifestations of “blood”), continuity (maintenance of a pre-contact “bloodline”), and primitivism (expression of indigenous “blood” in and through language). I argue that this “ideological assemblage” (Kroskrity 2018) undergirds the processes of “racing Indian language(s)” and “languaging an Indian race” (H. Samy Alim 2016) that has resulted in propagating conflicts over and denials of Native American heritage.
Racializing Discourses of Illegality
Authors: Dick Hilary Parsons
Published: October 2020

This chapter analyzes how notions of race, religion, security, and language come together to distribute fear and instill suspicion into everyday life. In raising the question, “What Does a Terrorist Sound Like?” the chapter examines four cases of raciolinguistic profiling that associate specific words and languages with Muslims as security risks specifically within the domains of travel (“Travelling while Muslim”) and education (“Studying while Muslim”). It highlights how “Muslim” becomes a de facto racial classification, particularly when Muslim, or seemingly Muslim, bodies speak languages that appear deviant thereby causing insecurity among those in immediate proximity. The chapter concludes by urging scholars to further interrogate the white listening subjects—whether an individual on a plane, or government surveillance policies—that construct Muslims as illegible and always/already suspect, while they are often presumed innocent and their ignorance is left without scrutiny.
Regulate in Haste, Repent at Leisure: Private and Public Orderings in OTC Derivatives Markets
Authors: Pirrong Craig
Published: October 2020

Over-the-counter derivatives were widely blamed for causing or exacerbating the financial crisis. As a result of perceived structural failings in these markets, legislators and regulators mandated substantial changes. The most notable of these changes was a requirement that most derivatives be centrally cleared. Under clearing, a central counterparty becomes a party to all contracts and guarantees performance on them. These mandates were predicated on a defective understanding of the economics of derivatives markets. The proposed reforms were fundamentally flawed because they were rooted in an institutional, rather than functional, approach to regulation.
Deontic Pluralism and the Right Amount of Good
Authors: Chappell Richard Yetter
Published: October 2020

Consequentialist views have traditionally taken a maximizing form, requiring agents to bring about the very best outcome that they can. But this maximizing function may be questioned. Satisficing views instead allow agents to bring about any outcome that exceeds a satisfactory threshold or qualifies as “good enough.” Scalar consequentialism, by contrast, eschews moral requirements altogether, instead evaluating acts in purely comparative terms, that is, as better or worse than their alternatives. After surveying the main considerations for and against each of these three views, I argue that the core insights of each are not (despite appearances) in conflict. Consequentialists should be deontic pluralists and accept a maximizing account of the ought of most reason, a satisficing account of obligation, and a scalar account of the weight of reasons.
Consequentialism, Blame, and Moral Responsibility
Authors: Mason Elinor
Published: October 2020

In this chapter I examine various accounts of the relationship between consequentialism and moral responsibility. The first idea is that the only reason we have for praising and blaming, for holding responsible, is that it will produce good consequences. This view is widely derided, but a descendant, the view that our responsibility practices as a whole can be defended on consequentialist grounds, has been gaining popularity in recent years. I go on to look at the idea of blameless wrongdoing and give an account of how that might fit into to a consequentialist picture. Finally, I discuss the possibility that the direction of influence is the other way: that consequentialist ethical theories are constrained by theories of moral responsibility, and I discuss possible upshots of a responsibility constrained account of consequentialism.
The Alienation Objection to Consequentialism
Authors: Baker Calvin C. , Maguire Barry
Published: October 2020

An ethical theory is alienating if accepting the theory inhibits the agent from fitting participation in some normative ideal, such as some ideal of integrity, friendship, or community. Many normative ideals involve nonconsequentialist behavior of some form or another. If such ideals are normatively authoritative, they constitute counterexamples to consequentialism unless their authority can be explained or explained away. We address a range of attempts to avoid such counterexamples and argue that consequentialism cannot by itself account for the normative authority of all plausible such ideals. At best, consequentialism can find a more modest place in an ethical theory that includes nonconsequentialist principles with their own normative authority.
Public Policy, Consequentialism, the Environment, and Nonhuman Animals
Authors: Budolfson Mark , Spears Dean
Published: October 2020

The focus of this chapter is public policy and consequentialism, especially issues that arise in connection with the environment—that is, the natural world, including nonhuman animals. We integrate some of the existing literature on environmental economics, welfare economics, and policy with the literature on environmental values and philosophy. The emphasis on environmental policy is motivated by the fact that it is arguably the most philosophically interesting and challenging application of consequentialism to policy, as it includes all the challenges of valuing the distribution of human wealth and power, and it has the further challenge of putting these consequences on the same scale as consequences for human health, nonhuman animals, and nature. We suggest that standard methods of (economic) policy analysis provide a good approximation of correct welfarist analysis, except that they must be supplemented with methods for valuing animal well-being and tradeoffs with human well-being. We then provide the needed methods.
The Science of Effective Altruism
Authors: Kumar Victor
Published: October 2020

This chapter evaluates effective altruism and its link to science. Contrary to much philosophical discussion, effective altruism is not tied essentially to utilitarianism and therefore does not suffer from the criticisms directed against utilitarianism. Prominent criticisms of effective altruism itself are unconvincing, since they identify remediable problems within the surrounding social movement and not problems essential to the theory itself. As a philosophical theory, effective altruism is worthy of allegiance because it strengthens a laudable connection between moral decision making and scientific evidence. Some philosophers and scientists believe that science supports utilitarianism, but their arguments are unpersuasive. Effective altruism is most plausible when it is divorced from utilitarianism. Despite that, effectice altruism can still encourage large and positive changes to our moral practices.
Value Comparability
Authors: Norcross Alastair
Published: October 2020

Value comparability, either in the form of the kind of quantitative comparability involved in (intrapersonal or interpersonal) aggregation, or in the form of the kind of qualitative comparability involved in comparing putatively different values, has been thought to threaten the theoretical soundness of consequentialist theories. In part 2, I argue that unrestricted axiological aggregation is supported by overwhelmingly plausible assumptions about ordinary value comparisons. In particular, I argue that large numbers of small harms, such as headaches, really can outweigh small numbers of large harms, such as deaths. In part 3, I consider the challenge that qualitatively different values may be incomparable, in the sense that instances of one value may be neither better, worse, nor equal in value with instances of a different value. I argue that all values, no matter how qualitatively distinct, are either thoroughgoingly comparable or not at all (and that the latter is too implausible to take seriously).
Consequentialism and Reasons for Action
Authors: Woodard Christopher
Published: October 2020

Consequentialist theories often neglect reasons for action. They offer theories of the rightness or the goodness of actions, or of virtue, but they typically do not include theories of reasons. However, consequentialists can give plausible accounts of reasons. This chapter examines some different ways in which such accounts might be developed, focusing on act consequentialism and rule consequentialism and on the relationship between reasons and rightness. It notes that adding claims about reasons to consequentialist theories may introduce a welcome kind of complexity, and in doing so it may help to make consequentialist approaches to ethics more appealing. For example, it may help consequentialists to explain the ideas of moral constraints and moral options.
Consequentialism, Ignorance, and Uncertainty
Authors: Bykvist Krister
Published: October 2020

Act consequentialism provides an answer to the question of what one ought to do, no matter which situation one is in. The problem, however, is that this answer is rarely if ever known by the agent herself. Ordinary agents do not know all the consequences of their actions, nor do they know how to assess all possible consequences. This lack of both empirical and evaluative knowledge means that ordinary agents often, or always, do not know what act consequentialism tells them to do. This “ignorance challenge,” as we might call it, is often seen as one of the main challenges for act consequentialism. This chapter discusses the main responses to this challenge. It also asks whether this challenge is unique to consequentialism.
Ideological Inversion and the (De)legitimation of Neoliberalism in Chile
Authors: Puga Ismael
Published: October 2020

Using a mixed-methods approach based on discussion focus groups and panel surveys of the Longitudinal Social Study of Chile, this chapter demonstrates that Chilean’s neoliberal economic order is not legitimized by the vast majority of the population. Instead, the author argues that social norms are in serious conflict with the prevailing socioeconomic order. Within Chilean society, both citizens and social analysts are prone to agree with the existence of a “neoliberal consensus” due to the strategic adaptation of social practices that take place within a socioeconomic order that most individuals accept as a given. As a consequence, a “fantasy consensus” emerges in Chilean society in order to stabilize the social economic order, thus avoiding collective mobilization and social change. In this scenario, the protest waves that Chilean society has faced since 2011 offer additional proof that the “fantasy consensus” has experienced serious fissures, thus opening a window of opportunity to delegitimize Chile’s neoliberal order in the country.
Privilege Accumulation Among Upper Middle-Class Youth in Mexico
Authors: Mora-Salas Minor , de Oliveira Orlandina
Published: October 2020

This chapter demonstrates how upper middle-class Mexican families mobilize a vast array of social, cultural, and economic resources to expand their children’s opportunities in life and ensure the intergenerational transmission of their social position. The authors analyze salient characteristics of families’ socioeconomic and demographics in the life histories of a group of young Mexicans from an upper middle-class background. Many believe that micro-social processes, especially surrounding education, are key to understanding how upper-class families mobilize their various resources to shape their children’s life trajectories. These families accumulate social advantages over time that accrue to their progeny and benefit them upon their entrance to the labor market.
Arming the Americas
Authors: Aguirre Katherine , Muggah Robert
Published: October 2020

American countries and cities are among the world’s most prone to gun-related violence. In 2017, the regional homicide rate hovered at 17.2 per 100,000 people, as compared to a global average of closer to 6.1 per 100,000. Rates in Central and South America are over 24 per 100,000 population. Just four countries—Brazil, Colombia, Mexico, and Venezuela—accounted for a quarter of all global gun-related deaths. Firearms on their own are not the cause of homicide or violent crime, but their abundance dramatically increases the risk of a lethal outcome. The sheer diversity and scale of arms and ammunition moving into Latin America constitutes a serious policy challenge. This chapter focuses on the normative dimensions of arms control and emphasizes the salient policy angles, including the necessity of additional border and custom controls, oversight of local arms production, and better controls and management of military, police, and private security arsenals. To responsibly control the problem, Latin America needs better enforcement of existing laws.
Differences, Inequalities, and Labor Markets in Latin America
Authors: Pérez Sáinz Juan Pablo
Published: October 2020

This chapter attempts to explain the persistence of inequalities in labor markets in Latin America. The author argues that the causes should be sought not only in class asymmetries, but also in sociocultural factors work. When differences of various types (sex, culture, phenotype, place, etc.) are processed through inferiorization, they become inequalities (gender, ethnic, racial, territorial, etc.). In this way categorical pairs are constituted that match class inequalities by reinforcing them through various mechanisms: primary and secondary segregation and discrimination. Depending on the processing logic in force at the time in a given society, differences can lead to either inequality or equality.
Inequality, Social Mobility, and Racism in Bolivia
Authors: Rea Campos Carmen Rosa
Published: October 2020

Using Bolivia as a case study, this contribution discusses the relationship between racism and social inequality in Latin America. It establishes the role of ethnic and racial categories in the construction of imaginary borders that hinder social mobility among disadvantaged populations. Poverty in Latin America certainly affects the indigenous, Afro-descendants, and mestizos; indeed, the highest poverty indexes are still disproportionately concentrated among indigenous and Afro-descendant communities. These communities usually occupy manual labor positions with low remuneration and high degrees of informalization, while high-skilled, nonmanual positions with higher remuneration and power are concentrated in different communities. This pattern of poverty concentration has not significantly changed in countries, such as Bolivia, with large indigenous populations. In the past few decades, the social policies of progressive governments in Bolivia have managed to reduce extreme poverty at the macroeconomic level; however, these policies have had little effect on reducing social inequality gaps. Moreover, these progressive policies have yet to significantly reduce the entrenched racism that allows for Bolivian social inequalities to persist.
The Political Economy
Authors: Williams Robert G.
Published: October 2020

Central American history is a tale of two economies: one founded on food security and community; the other on amassing private fortunes. Peasant prosperity depends on access to land, forests, and local markets; business prosperity depends on land, labor, capital, and global markets. State institutions mediate between acquisitive business elites and peasant communities, which defend territory. From 1840 to 1900, elites fought between themselves and peasant communities as they built national governments and a coffee export economy. From 1900 to 1929, the United States formed strategic alliances supporting militaries and big business, including US fruit companies. Global Depression and World War II shocked the system. US Cold War strategies fed militaries and business at the expense of peasant economies, provoking peasant uprisings (1970s) and US intervention (1979–1989). Peace Accords (1990s) reduced militaries, but private security forces increased (1990s–2019), especially in the Northern Triangle, where business expansion produced caravans of migrants fleeing violence.
Youth Life Writing In a Postcolonial World
Authors: De Sarkar Titas
Published: October 2020

This essay explores how youth identities are constructed in a postcolonial space through life writing. In so doing it challenges conventional understanding of autobiography or testimonio. Using the life writing of Malay Roychoudhury–the founder of the 1960s radical literary Hungry movement–the essay shows how the categories autobiography and testimonio are insufficient to describe life writing of the Global South. The characters portrayed, the treatment of the narrative, and the multiple footings taken to project the author as a subaltern and marginal figure and yet possessing abundant cultural capital, hybridizes the genre of life writing itself whereby newer tools become necessary. This essay thus presents critical youth culture studies, theories of life writing, and subaltern studies, as they relate to postcolonialism, in order to highlight the necessity for seeing the youth of the Global South in ways that cannot be captured by analytical tools that are insufficiently provincialized.
Religion and Mobilization in the Syrian Uprising and War
Authors: Pearlman Wendy
Published: October 2020

What role does religion play in mobilization in general, and in mobilization in conflict settings in particular? This chapter explores these questions through a case study of the Syrian uprising and war. Using published sources and original interviews, the author traces the role of religion and sect in Syria’s pre-2011 politics and then in successive stages of the subsequent conflict. She examines the role of religion in the motivations driving protest, the processes generating collective action, the militarization of mobilization, and the transformation of an uprising into war. It is argued that, while religion came to occupy an increasingly prominent place in mobilization over time, its role in the Syrian conflict has been less attributable to religion per se than to the ways religion is entwined with power, privilege, and the dynamics of violence itself. Where religion sometimes appeared significant, such as in the tendency of demonstrations to begin at mosques, the power of religion lay not in piety but in structural constraints. Though religion and sect became increasingly salient as the conflict escalated, this was primarily due to state repression and strategies of divide and conquer, and nothing particular to Islam. Scrutiny of the Syrian experience encourages us to critique assumptions about the distinctiveness of religion in driving protest and conflict in majority-Muslim societies, and instead to examine such mobilization using the same conceptual tools employed in cases of conflict across time and space.
Religious Practice and Political Attitudes among Shiʿites in Iran and Iraq
Authors: Christia Fotini , Dekeyser Elizabeth , Knox Dean
Published: October 2020

How does religiosity shape beliefs about the proper role of religion in politics? We consider this question using an original survey of religious Shiʿites in Iran and Iraq, taken during the world’s largest annual pilgrimage. We find that among both Iranians and Iraqis, communally oriented practice is highly associated with a desire for leadership by religious figures and adherence to religious principles in politics. We argue that this influence operates through religious socialization, or the transmission of norms through organizational or social aspects of religion. In Iran, we also find that individual practice is highly associated with greater support for the regime. We argue this demonstrates successful religious legitimation, in which the Iranian regime is seen as a legitimate theocracy among respondents. These findings highlight both the important role that religious practice can play in influencing attitudes and provide surprising evidence about the ideological underpinnings of regime persistence in Iran.
Fair Subject Selection in Clinical and Social Scientific Research
Authors: MacKay Douglas
Published: October 2020

This chapter provides a critical overview and interpretation of fair subject selection in clinical and social scientific research. It first provides an analytical framework for thinking about the problem of fair subject selection. It then argues that fair subject selection is best understood as a set of four subprinciples, each with normative force and each with distinct and often conflicting implications for the selection of participants: fair inclusion, fair burden sharing, fair opportunity, and fair distribution of third-party risks. It then defends an approach to navigating the conflicting imperatives of these subprinciples, one which privileges the need to include epistemically distinct groups in research, before concluding by considering the most pressing research questions regarding fair subject selection.
Coaching Leaders for Continuous Learning
Authors: Wallace David M. , Zaccaro Stephen J. , Hedrick Katelyn N.
Published: October 2020

Leader development is a continuous, lifelong learning experience which involves learning through both automatic and controlled processes of leader development. The cognitive demands of leadership performance, inconsistent practice conditions, and increasing complexity of the leadership context across individual and organizational changes present significant challenges to leaders’ skill acquisition and developmental growth. Leadership coaching is a developmental relationship that helps a leader work through these challenges through one-on-one interaction with a coach. This chapter presents an interactional framework of coach, coachee, and organization through which outcomes for the coachee and the collectives to which the coachee belongs are achieved. For the organization, consideration is given to who should coach, who should be coached, and how the organization can support coaching. For the coach, consideration is given to coaching behaviors (encouraging, collaborating, and facilitating) and coaching relationships. For the coachee, consideration is given to coachee readiness and developmental planning.
Emerging Conceptualizations in Adult Learning
Authors: Bisbey Tiffany M. , Salas Eduardo
Published: October 2020

Global shifts across industries are influencing trends in research and practice, resulting in new discoveries that shape and provide direction to the science. This chapter discusses changes in the modern workplace that result in implications for learning content and delivery methods as well as reviews the tried-and-true principles for learning and development that should continue to be considered moving forward. In addition, it highlights several key points missing from the current understanding of training effectiveness and makes recommendations for areas that should be expanded upon in future research to reinvigorate the field and bring necessary contributions to practice in the modern world of work.
Learning Life Skills of Emotional and Social Intelligence Competencies
Authors: Boyatzis Richard E.
Published: October 2020

Emotional and social intelligence competencies distinguish effective performance among managers, leaders, and professionals. People in power (i.e., leading and helping) roles infect others with their emotional state through the contagion of emotion. The consequences of using emotional and social intelligence competencies are amplified in work and social settings through the quality of people’s relationships. Although most attempts to develop these competencies at work and in graduate education fail, there is longitudinal evidence that they can be developed sustainably. Intentional change theory explains the physiological and psychological process that results in significant improvement in these competencies. The three most distinctive aspects of this model, in contrast to typical approaches, are (a) fostering the person’s ideal self, vision, and dream before exposing them to any data feedback; (b) using coaches to create relationships that help the person through the process; and (c) developing social identity groups that create peer coaching relationships and sustain the developments.
Learning Throughout Life About the Needs of All Generations
Authors: Strom Robert D. , Strom Paris S.
Published: October 2020

The rapid social transformation that occurs in modern longevity societies ensures that successive generations encounter some unique situations people of other age groups cannot experience firsthand. When this happens, peer group communication becomes dominant and causes generational isolation. These conditions present an urgent need to develop a societal plan for education that enables people of all ages to become aware of what is expected of them for contributing to their collective potential. When each generation is viewed as a separate culture, understanding cultural diversity depends on getting to know the needs experienced by other age groups and becoming responsive to them. This chapter presents the priority goals and concerns of Generation Z, Millennials, Generation X, Boomers, and the Silent Generation. The chapter’s purpose is to actualize the concept of lifelong learning, from childhood through old age, by motivating sustained development of maturity as demonstrated by reciprocal caring by all generations.
The Overlapping Web of Data, Territoriality, and Sovereignty
Authors: Daskal Jennifer
Published: October 2020

The rise of a globally interconnected internet and, in particular, the ways in which highly mobile data transits and is accessed across state borders pose a particularly profound test to the notion of the sovereign-territoriality link. Data is, after all, both unterritorial and multiterritorial. It can move across territorial boundaries with the speed of light. It can be copied and held in multiple locations at once. It can be remotely accessed and controlled by users who are separated by territorial boundaries from the data that they are accessing. And it can be accessed and manipulated by multiple different people—or governmental entities—simultaneously. This chapter explores these implications for privacy, speech rights, and security—examining the ways in which states are increasingly exercising or seeking to exercise power, via manipulation of data, across territorial borders; the clashes that emerge; and the role and power of private entities in managing competing norms across borders.
Membership and Global Legal Pluralism
Authors: Spiro Peter J.
Published: October 2020

Community is the building block of global legal pluralism. The state has been the dominant normative community in a global perspective. That reflected sociological realities on the ground. Global legal pluralism understands that the state no longer preempts other forms of community. Much of the legal pluralist literature considers the complex dynamic interaction of normative communities, state and nonstate. But it does little to consider from a normative perspective how those communities are constituted. This chapter maps a global legal pluralist approach to membership. It addresses questions relating to entry, exit, and expulsion. It does so with respect to membership in the state as well as membership in nonstate communities. It also considers issues relating to multiple membership. The chapter closes with some speculations on global citizenship, suggesting that membership in a global community has become meaningfully supplemental to membership in other communities. The chapter deploys archetypal cases, some real, some hypothetical, to illustrate membership’s consequence.
Anthropological Roots of Global Legal Pluralism
Authors: von Benda-Beckmann Keebet , Turner Bertram
Published: October 2020

Since the turn of the century, the term “legal pluralism” has seen a remarkable rise in interest. It is now widely accepted, although it was long rejected in legal studies. When legal anthropologists began to refer to “legal pluralism” in the 1970s, this marked a crucial change in anthropological thinking about law. Since then, not only have political and economic developments profoundly changed constellations of legal pluralism but also the term itself has followed a variety of trajectories and accrued multiple meanings in the process. In particular, in the trajectory of global legal pluralism, it has acquired a normative meaning that is quite distinct from its use in anthropology as a tool of analysis. This chapter discusses how the anthropological study of law and legal pluralism developed from the study of law in colonial societies toward empirical studies in postcolonial settings and in nation-states around the globe under conditions of ever-increasing global connectedness and complexity. Global legal pluralism is analyzed in relation to topics that include law and development, religion, human rights, minorities, indigeneity, and politics of global legal pluralism. At the end the chapter offers an outlook into future anthropological research on global legal pluralism. Insights were developed not only in response to sociopolitical developments but also to changing theoretical perspectives.
Empires and Jurisdictional Politics
Authors: Benton Lauren
Published: October 2020

The study of legal pluralism in empires has far-reaching implications for comparative legal history, world history, the history of international law, and the study of global legal pluralism. This chapter highlights three insights developed within this perspective and discusses some promising future directions for research. The first insight flows from the observation that jurisdictional politics in empires played a formative role in structuring processes of conquest and colonization. The second involves the finding that patterns of legal pluralism in empires influenced foundational legal and political ideas, in particular concepts of rights and sovereignty. A third derives from the analytical move of placing imperial legal politics at the heart of histories of global ordering. This chapter reviews each of these facets of the analysis of legal pluralism in empires to identify some critical lessons for understandings of global legal pluralism.
Conceptual Theories of Law and the Challenges of Global Legal Pluralism
Authors: van der Burg Wibren
Published: October 2020

One of the perennial discussions in legal philosophy is: What is law? Theories that elucidate the concept of law and provide definitions may be called conceptual theories of law. For such conceptual theories, global legal pluralism presents at least four major challenges. First, it recognizes a wide variety of types of law. Second, it recognizes a wide variety of law-producing actors. Third, it accepts that legal orders may gradually emerge. Fourth, legal orders overlap and are intertwined in many ways. We may discern three different strategies to deal with these challenges: monist, relativist, and pluralist. This chapter defends a pluralist approach, namely legal interactionism. It builds on American pragmatism, especially on the work of Lon Fuller and Philip Selznick. Legal interactionism recognizes interactional law as a source for legal obligations, but also accepts that contract and enacted law may constitute relatively autonomous legal orders in their own right. This chapter focuses on how it implies conceptual pluralism and definitional pluralism, and then discusses how this enables it to deal adequately with the four challenges global legal pluralism presents. Legal interactionism emphasizes that the concept of law is plural in character and can best be analyzed in terms of a dynamic family resemblance. If there is not one unified concept of law, but a plurality of defensible, partly incompatible conceptions, there cannot be one general definition of law.
Pluralist Authority and the Relation between Plurality and Pluralism
Authors: Roughan Nicole
Published: October 2020

This chapter argues that the key to understanding both plurality and pluralism is to account for their entanglement without assuming that the former entails the latter, or that the latter is always justified when the former exists. I argue here that a complex notion of authority, in which both reasons and relationships determine the existence and justification of authority, can clarify the relations between plurality and pluralism by pointing to a mode of subject-centered analysis and evaluation that does not presume either plurality’s justification nor pluralism’s analytical purchase. When both authority’s reasons and relationships are pluralized vis-à-vis the subjects of those reasons and relations, the very existence and justification of authority depends on the ways in which plural claims and receptions of authority interact, as well as on the impact of such interaction on the values that pluralism might carry. Such a view of authority should sound a note of caution for those who explore, evaluate, or endorse the claims to authority made by various phenomena of legal plurality that are the objects of the present collection on global legal pluralism. It raises a set of concerns about both the plausibility of such claims, their evaluation in relation to each other, and the potential for plurality of claims and invocations of authority to exist without pluralism itself being justified—for there to be space between plurality and pluralism.
Global Legal Pluralism and the Rule of Law
Authors: Lefkowitz David
Published: October 2020

A vibrant debate has recently emerged among legal theorists regarding the desirability of legal pluralism: the existence of distinct regulatory regimes that make overlapping claims to authority. While Monists maintain that we should strive to forge a unitary legal order, Normative Legal Pluralists favour an approach that seeks to manage legal plurality without eliminating it. This chapter critically evaluates a common argument Monists level against Normative Legal Pluralism, namely that it conflicts with fidelity to the ideal of the rule of law.

Advocates of Normative Legal Pluralism employ three strategies to respond to their rule-of-law critics. First, they attempt to show that a plural legal order fares no worse than a unitary one when measured against the standard of providing legal subjects with certainty and predictability. Second, they argue that increases in tolerance, or respect for the exercise of communal and individual autonomy, warrant whatever diminution in the rule of law Normative Legal Pluralism produces. Finally, they invoke an account of law’s distinctive normativity informed by sociolegal jurisprudence and constructivist political theory to disarm rule of law objections to normative legal pluralism, either by contesting the premises on which they rest or by providing reasons to conclude that the critics’ worries are seriously overdrawn. While the first two strategies fail, the critics underestimate or simply fail to notice Normative Legal Pluralists’ ability to leverage their conception of law’s legitimacy to address rule of law concerns.
Value Pluralism and Legal Pluralism
Authors: Taekema Sanne
Published: October 2020

In this chapter, the focus is on the question how different ideas of pluralism, legal pluralism, and value pluralism, relate. The background to the question is the observation that in normative theories of global legal pluralism liberal principles are a core feature. The liberal emphasis on the need to respect the life choices of individuals shows affinity to the philosophical idea of value pluralism, but then the question arises how a liberal idea of value pluralism relates to legal pluralism. Moreover, we may ask whether there are alternative accounts of value pluralism that can be linked to legal pluralism in a more productive way. This chapter explores one such account: that of German legal philosopher Gustav Radbruch. The chapter sees the existence of various legal orders and value-laden practices as a phenomenon in need of conceptual clarification and theoretical explanation, which involves normative considerations. Both legal and value pluralism are issues on which a theoretical explanation of the phenomenon almost inevitably gives rise to the normative question how to deal with conflicting legal norms or values. Radbruch’s theory of legal values provides a different perspective on the role of values in global legal pluralism than implied by the more commonly used liberal outlook. Radbruch’s work yields a criterion to distinguish law from other normative orders, it accounts for variable content of global legal orders, and it makes sense of the tensions between the basic values of law and the relative importance they have in different legal orders.
Law Unbounded? The Shifting Stakes in Global Normative Order
Authors: Walker Neil
Published: October 2020

The gathering trend of the trans-systemic migration of legal ideas shifts the stakes in the debate over the relative rootedness or mobility of law. While legal rootedness within the state and other locally bounded jurisdictions still requires as much justification as ever, there is now more pressure on the other side of the debate, among those who would defend or advocate the increasingly mobile understanding and practice of law. The justification of this can be system-particular, universal, or modular in nature. Whereas the first two options court the opposite dangers of understating the prospects and overstating the robustness of trans-systemic normative solutions, the chapter argues that a modular approach focusing on the transferability and (re)combinability of certain standard part of legal doctrine holds out more scope for an accurate and defensible account of legal migration.
Transnational Networks and the Construction of Global Law
Authors: Perez Oren
Published: October 2020

What is the distinctive mark of legal governance at the transnational level? Legal pluralism has generally adopted an agnostic approach to this question, focusing instead on the more descriptive task of cataloging the entities that populate the field of global governance and of analyzing the interactions between them. So-called transnational law provides an important terrain of engagement for this debate. Private transnational legal structures can be found in diverse areas, ranging from trade-related issues, to corporate responsibility, human and labor rights, and environmental protection. The challenge for transnational constitutionalism—as with other areas of legal pluralism—lies in developing an institutional model that explains how constitutionally embedded legal authority can arise independently of the institutional structures of state-based public law. This chapter proposes a novel response to this question, which is based on the idea of networked constitutionalism. In this framework a legal order generates its own validity through an emergent, network-based process. By developing a complex web of interrelated and cross-referencing norms, enforcement mechanisms, and institutional structures, such a network can achieve systemic autonomy and legal authority that is independent of the political apparatus of the state.
Federalism as Legal Pluralism
Authors: Ryan Erin
Published: October 2020

This chapter uses the dynamic federalism model of constitutional dual sovereignty as an analytic window into the emerging legal pluralism discourse. Legal pluralism explores the significance of multiple sources of legal authority and identity with which individuals simultaneously engage. Overlapping sources of normative authority range from different levels institutions of government to private sources of “quasi-legal” norms generated by tribal, religious, commercial, professional, or other associations. Legal pluralism scholars challenge the tradition of legal monism—so entrenched that its presumptions often go unnoticed—which views legitimate legal authority as deriving only from an established source of sovereign or natural authority that unambiguously trumps all competing forces. Proponents contend that legal pluralism more accurately captures the scope of political contest in pluralist societies and the full array of normative forces operating on individual actors. Skeptics critique it for failing to distinguish between legitimate and illegitimately normative forces, and for threatening critical societal institutions by weakening the prerogatives of nation-states. Constitutional federalism, itself characterized by multiple sources of authority within a single geographical territory, provides a simple example of legal pluralism that sidesteps much of the controversy. Involving only sovereign authority, federalism avoids legal pluralism’s normative challenge to statism. Moreover, it resolves at least some of the heterarchical uncertainty unleashed by legal pluralism through the hierarchical ordering device of federal supremacy. Nonetheless, the structural features of dynamic federalism provide valuable platforms for cross-jurisdictional deliberation and dialogic policymaking that resonate with the good-governance proposals advocated by legal pluralists for more inclusive norm generation.