bluuebunny/crossref_metadata_2025 huggingface dataset:
Varieties of Intentionalism
Authors: Keiser Jessica
Published: September 2018

In Imagination and Convention: Distinguishing Grammar and Inference in Language, Ernie Lepore and Matthew Stone offer a multifaceted critique of the Gricean picture of language use, proposing in its place a novel framework for understanding the role of convention in linguistic communication. They criticize Lewis’s and Grice’s commitment to what they call ‘prospective intentionalism,’ according to which utterance meaning is determined by the conversational effects intended by the speaker. Instead, they make a case for what they call ‘direct intentionalism’, according to which utterance meaning is determined by the speaker’s intentions to use it under a certain grammatical analysis. I argue that there is an equivocation behind their critique, both regarding the type of meaning that is at issue and the question each theory is attempting to answer; once we prise these issues apart, we find that Lepore and Stone’s main contentions are compatible with the broadly Lewisian/Gricean picture.
About Convention and Grammar
Authors: Glanzberg Michael
Published: September 2018

In this essay, I explore the nature of convention in language. The common notion of convention focuses on social aspects of coordination, but I identify two others that make minimal use of social coordination. I then explore in depth one example of a feature of language that has appeared to some not to be conventional: the information-structural notion of topic. I argue that the evidence strongly supports a conventional view of topic; but I also argue that it suggests a sort of convention that relies only minimally on social aspects of coordination. From this example, I conclude that we can often extend the reach of conventions in language, but that we should be careful about what those conventions are. Not everything that looks conventional is the same, and as we expand the scope of convention in language, we uncover very different sorts of conventions.
Convention, Intention, and the Conversational Record
Authors: Simons Mandy
Published: September 2018

Lepore and Stone 2015 advocate a view which turns the Gricean picture of meaning on its head: they argue that the most basic type of meaning intention is one which presupposes the notion of conventional meaning. In this essay, I argue that evidence from language acquisition supports the Gricean view, according to which communicative intentions are analytically more basic than linguistic convention. I point out further, though, that Grice’s view recognizes the role of conventionality in meaning, a point neglected in Lepore and Stone’s critique. Lepore and Stone extend their convention-driven view by advocating a model on which the Conversational Record reflects only conventionally licensed conversational updates. I present evidence from conversation that shows that such a view of the record cannot account for certain types of standard conversational events.
International Court Authority in a Complex World
Authors: Alter Karen J. , Helfer Laurence R. , Madsen Mikael Rask
Published: September 2018

This introductory chapter locates this book’s approach within the dominant approaches to studying the authority of international institutions. The scholarship on authority is vast; the chapter focuses on four key perspectives: legal formalist approaches; normative approaches, including legitimate or ideal authority; sociological legitimacy theories; and compliance studies and performative approaches. The framework developed in this book to measure de facto authority makes a number of bold conceptual claims that challenge these existing scholarships on international courts (ICs). Perhaps most controversially, the book separates the study of authority from the study of legitimacy and argues that IC authority can be identified and assessed by studying the practices of key audiences—litigants, similarly situated potential litigants, governments, judges, and other communities. Finally, the framework rejects a number of claims voiced in global governance debates which assume that IC authority is an all-or-nothing binary.
The OHADA Common Court of Justice and Arbitration
Authors: Dickerson Claire Moore
Published: September 2018

This chapter focuses on the OHADA Common Court of Justice and Arbitration. The Common Court of Justice and Arbitration (CCJA) is the supranational, apex court of the Organization for the Harmonization in Africa of Business Law (OHADA), an organization that currently covers seventeen countries in West and Central Africa. The CCJA’s authority is meaningful only if it actually affects the lives of a broad spectrum of private economic actors within OHADA’s territory, not just the OHADA Treaty’s member states. There is considerable evidence that, in the formal economy, private litigants, state actors and national judges desire and expect CCJA to be enforced. By contrast, in the informal economy that represents a significant portion of the population and national economy, the CCJA is unlikely to have authority because the relevant actors do not look to formal law or formal legal institutions for guidance in commercial transactions or for dispute resolution.
The World Trade Organization’s Dispute Settlement Body
Authors: Shaffer Gregory , Elsig Manfred , Puig Sergio
Published: September 2018

This chapter discusses how the authority of the Appellate Body (AB) of the World Trade Organization (WTO) rapidly became extensive. It nonetheless remains fragile given geopolitical shifts that have helped catalyze the rise of neo-nationalist trade politics in the United States. The establishment of extensive AB authority represented a legalization leap in which international dispute settlement moved from limited narrow authority under the General Agreement on Tariffs and Trade (GATT) to significantly more expansive authority. However, the WTO is an interstate dispute settlement system, so private parties have no direct access to the AB. The AB thus confronts state pressure and at times shapes its decisions to facilitate WTO Member compliance with them. The AB’s authority appears threatened by the US refusal to approve the launching of the selection process to replace retiring AB members. The United States is reacting, in particular, to AB rulings against US import relief practices.
International Criminal Tribunals
Authors: Levi Ron , Hagan John , Dezalay Sara
Published: September 2018

This chapter focuses on international criminal tribunals. These have emerged as part of a professional field of international criminal law, reshaping how atrocities are handled at the international level. They include the International Criminal Tribunal for Rwanda, the International Criminal Tribunal for the Former Yugoslavia (ICTY), and the International Criminal Court (ICC). In many international courts, authority turns on judicial decisions. Yet in the context of international criminal courts, prosecutorial strategy is often at the core of the building or waning of authority. This is partly because of the power of prosecutors to make headlines and cause political controversy with indictments, and of the highly contentious and atypical political environments in which these courts operate. In building their authority, prosecutors are acutely aware of the constraints on the authority they enjoy and thus seek to speak to the constituencies they need—while avoiding others—through their prosecutorial practices.
International Court Authority in Question
Authors: Alter Karen J. , Helfer Laurence R. , Madsen Mikael Rask
Published: September 2018

This chapter introduces the contributions by the six commentators and engages their diverse perspectives. We put the commentaries in conversation with our IC authority framework, addressing in particular three foundational issues: (1) our decision to set aside normative questions about IC authority; (2) our decision to refrain from hypothesizing about the beliefs that shape how different audiences respond to IC rulings; and (3) our decision to discuss the distinction between IC authority and IC power. In some cases, the commentaries provide a contrasting perspective to this book’s inquiry; in other instances, they are openly critical of its approach to conceptualizing and analyzing IC authority. At a basic level, they reveal how discussions of authority inevitably provoke deeper questions—about legitimation, about the importance of investigating actor beliefs, and about the complex ways in which power is exercised in law and in legal practice.
Jurisdiction, Politics, and Truth-Making
Authors: Greenberg Jessica
Published: September 2018

This chapter suggests that the authority framework allows one to see resonances across seemingly disparate spaces and thus to participate in a shared project for understanding important international institutions. At the same time, by focusing on degrees of authority, one can also speak to the specificities of people’s experiences and encounters with justice. In this spirit of interdisciplinary and comparative methods, the chapter takes the categories of analysis that emerge from the authority framework and puts them into conversation with some key categories in legal anthropology. In so doing, it offers some points of connectivity and conversation across different, but overlapping, disciplinary questions.
Conclusion
Authors: Alter Karen J. , Helfer Laurence R. , Madsen Mikael Rask
Published: September 2018

This concluding chapter returns to the conjectures developed in Chapter 2, extracting insights from the book’s empirical chapters to explore how context shapes the authority of ICs. While several of the conjectures were confirmed, others were not. We focus in particular on the limited impact of IC design features, the distinctive challenges faced by international criminal tribunals, and by ICs created during the post-Cold War era. The final section revisits the distinction between IC authority and IC power. We explain why IC authority is likely to remain fragile, and we revisit our claim that authority can not only increase but also stagnate or diminish over time.
Introduction
Authors: González-Tokman Daniel , González-Santoyo Isaac , Córdoba-Aguilar Alex
Published: September 2018

This chapter describes why this book is important and what it is about—an incomparable and modern textbook containing twenty-one chapters that cover the vast field of insect behavior. All chapters are written by leading authorities, with the idea of allowing an easy, yet thorough understanding of the field. The first section contains four mechanism-based chapters on the genetic, hormonal, and nervous machinery behind behavior. The second section involves an ecological and evolutionary approach covered in thirteen chapters. Finally, and unlike most animal behavior books, four chapters are devoted to the applications of insect behavior and the effects of human-driven action on diversity. There is a glossary section at the end of the book.
Reproductive behavior
Authors: Olzer Rachel , Ehrlich Rebecca L. , Heinen-Kay Justa L. , Tanner Jessie , Zuk Marlene
Published: September 2018

Sex and reproduction lie at the heart of studies of insect behavior. We begin by providing a brief overview of insect anatomy and physiology, followed by an introduction to the overarching themes of parental investment, sexual selection, and mating systems. We then take a sequential approach to illustrate the diversity of phenomena and concepts behind insect reproductive behavior from pre-copulatory mate signalling through copulatory sperm transfer, mating positions, and sexual conflict, to post-copulatory sperm competition, and cryptic female choice. We provide an overview of the evolutionary mechanisms driving reproductive behavior. These events are linked by the economic defendability of mates or resources, and how these are allocated in each sex. Under the framework of economic defendability, the reader can better understand how sexual antagonistic behaviors arise as the result of competing optimal fitness strategies between males and females.
Sociality
Authors: Fewell Jennifer , Abbot Patrick
Published: September 2018

This chapter examines the different types of social forms found in insect taxa, from the relatively simple social behaviors of aggregating species, to the complex cooperative and altruistic interactions that frame cohesive communal and eusocial groups. The diverse patterns of insect social living are considered within an inclusive fitness framework, to explore the fundamental question of why social species can be so successful, but sociality itself is taxonomically rare. To answer this question requires consideration of the ecological, life history and behavioral drivers of social living, including the roles of cooperative group defence, alloparental care, cooperative foraging, and group homeostasis. The evolution of cooperative sociality does not form a single path from group living to eusociality. Instead, its diverse forms represent different evolutionary solutions to those ecological problems that can best be solved by living socially.
Insect behavior in conservation
Authors: New Tim R.
Published: September 2018

Some of the many ways in which understanding insect behavior can contribute to the conservation of threatened insect species, and complement the more widely acknowledged base of ecological knowledge, are outlined in a variety of different contexts to exemplify their importance and roles. Patterns of resource use by insects and their adaptability to environmental changes range from highly specific and non-flexible to the ability to adapt more readily, with many species of highest conservation concern linked with specializations that restrict their potential to change. Practical contexts discussed briefly include the discovery and use of resources, the problems of monitoring and assessing conservation priority and need, the options available as environments are changed, the difficulties of behavioral studies on rare and localized species, how behavior may link with vulnerability, and the integration of behavioral intricacies with insect conservation practice, helping to educate and encourage interest in this discipline.
Mandevillian Intelligence
Authors: Smart Paul R.
Published: September 2018

Mandevillian intelligence is a specific form of collective intelligence in which individual cognitive shortcomings, limitations, and biases play a positive functional role in yielding various forms of collective cognitive success. When this idea is transposed to the epistemological domain, mandevillian intelligence emerges as the idea that individual forms of intellectual vice may, on occasion, support the epistemic performance of some form of multi-agent ensemble, such as a socio-epistemic system, a collective doxastic agent, or an epistemic group agent. As a specific form of collective intelligence, mandevillian intelligence is relevant to a number of debates in social epistemology, especially those that seek to understand how group (or collective) knowledge arises from the interactions between a collection of individual epistemic agents.
The Politics of Inertia
Authors: Guiney Thomas C.
Published: September 2018

The chapter explores the ever more complex policy debates that surrounded the efforts to extend a system of early release to short sentence prisoners. It begins with an overview of the main candidates for reform and the strengths and weaknesses of these policy options. It explores the Home Office Review of Parole in England and Wales and considers why these recommendations were so quickly abandoned in the face of political and judicial pressure. It then goes on to examine the passage of the Criminal Justice Act 1982, a significant piece of legislation which resulted in wide-ranging reform of parole in England and Wales. The chapter concludes with a number of reflections upon the policy inertia of the early 1980s and what that reveals about the changing aims and techniques of criminal justice at this time.
Truth in Sentencing
Authors: Guiney Thomas C.
Published: September 2018

The chapter explores the evolution of early release policy and practice between 1987 and 1992—a transitional period sometimes described as an ‘Indian Summer’ for liberal criminal justice policy. It begins with a brief overview of the challenges facing the criminal justice system on the eve of the 1987 General Election. It goes on to consider the piecemeal modification of remission arrangements in July 1987, a measure to relieve pressure on the prison system that ultimately came at a high cost for the Home Office. It provides a detailed overview of the proceedings of the Carlisle Committee and the compromises that laid the ground for their final report ‘The Parole System in England and Wales’. The chapter concludes by reflecting upon the initial reaction to the Carlisle Report and the considerable uncertainty within the Home Office about how best to respond to these challenging proposals.
A New System Takes Shape
Authors: Guiney Thomas C.
Published: September 2018

The chapter examines the legislative planning process that gradually refined the early release framework eventually given legal effect by Part Two of the Criminal Justice Act 1991. The chapter begins with a review of the post-election planning process that gathered pace following the 1987 General Election. It examines the Home Office strategic awayday held at Leeds Castle in September 1987 and goes on to consider the Green Paper, Punishment, Custody and the Community and an unprecedented conference at Ditchley Park which brought together senior decision-makers from across the criminal justice system. The chapter then examines the passage of the Criminal Justice Bill 1990/91 and reflects upon the dramatic backlash against the new parole system in the mid-1990s. The chapter concludes with a critical appraisal of the underlying tensions that defined the development of criminal justice during this transitional period.
Organizational Factors in Early Release Policy and Practice
Authors: Guiney Thomas C.
Published: September 2018

The chapter explores how policymakers operate within and interact across institutional settings. The chapter re-visits the ‘stewardship function’ of the Home Office and examines how functional tasks were assigned, interpreted, and resolved within the Department. It then looks outwards to better understand the fluid and uneven distribution of power between the various actors with a stake in the administration of early release. Particular attention is paid to the dynamic relationship between the judiciary and the executive which, more than any other, has exerted a significant influence over the development of early release in England and Wales. The chapter concludes with a call for greater focus on the production of a liberal democratic statecraft and the central role these techniques have played at critical junctures in the development of criminal justice policy and practice.
Temporal Factors in Early Release Policy and Practice
Authors: Guiney Thomas C.
Published: September 2018

The chapter explores how temporal factors have influenced the development of early release in England and Wales. It begins with a number of broad observations upon the everyday business of penal administration and offers a view of policy development that departs from the standard model of the policy-making cycle. It goes on to explore the central role of path dependency in shaping the trajectory of early release policy and practice in England and Wales between 1960 and 1995, before turning to the less well understood catalysing role of ‘timing and sequence’ at key moments of policy reform. The chapter concludes with a critical appraisal of the complex picture of continuity and change that emerges from this book and advances the case for greater use of comparative historical study given how little attention is given to historical lessons in much contemporary public policy debate.
Changing Activities, Changing Markets
Authors: Himanshu  , Lanjouw Peter , Stern Nicholas
Published: September 2018

This chapter examines the expansion of non-farm activities in Palanpur and shows that most non-farm employment growth can be attributed to an increase in casual and self-employment opportunities, as opposed to regular, salaried jobs. The construction sector has been particularly significant in this sense. (Lack of) access to land is an important predictor of involvement in the non-farm sector, but, conversely, growth in this sector has influenced certain households’ access to land, via its impact on tenancy patterns. At the household level, caste affiliation plays an important role in determining access to specific jobs, while education appears, so far, to play only a muted role. The chapter shows that in Palanpur, contrary to many textbook analyses, migration has played only a modest role in governing the shift out of agriculture, but highlights the importance of commuting as a means of accessing non-farm jobs while continuing to reside in the village.
Human Development
Authors: Himanshu  , Lanjouw Peter , Stern Nicholas
Published: September 2018

This chapter documents that in Palanpur advances in human development have been slower than might have been expected on the basis of observed growth in incomes. Although there have been some improvements in human development indicators, particularly since the mid-1980s, the rate of improvement has been slower than in the rest of Uttar Pradesh and the rest of India. Improvements in literacy rates lag behind achievements recorded elsewhere, as do improvements in health and nutritional outcomes. Public services function poorly and in some respects are showing a decline. Inequities on the basis of income, caste, and gender are strong. With public services generally failing, there is an increased dependence on the private sector, but access is governed by ability to pay. A striking finding is that despite myriad reasons for concern there appears to be little protest within the village against the poor quality and availability of services.
Romantic Poetry
Authors: Levinson Marjorie
Published: September 2018

Chapter 3 pursues Chapter 2’s immanent critique of the new historicism. Whereas new historicism’s bedrock is epistemology—questions about the domain of rationality—metaphysics is the province of questions about reality. The change in Romantic poetry crystallizes in effects that resist our codes not through denial, displacement, or repression—the conditions for a hermeneutics of suspicion—but through something like indifference. We see a new kind of negativity. This version of Romanticism verges on withdrawal from the scene of interpretation, resistance to the depth hermeneutics of earlier Marxist criticism. It is enabled by Spinoza’s theory of conatus; the work of Sebastiano Timpanaro, whose Marxist historicism arises from the nature and biology side; and the notion of autopoeisis of neurophysiologists Humberto Maturana and Francisco Varela. The relevant patterns in Romantic poetry are then illustrated through a reading of Wordsworth’s “Old Man Travelling: Animal Tranquillity and Decay.”
A Motion and a Spirit
Authors: Levinson Marjorie
Published: September 2018

Jonathan Israel’s Radical Enlightenment has established Spinoza’s general currency in the age of Romanticism. His study enables the recovery of the presence of Spinoza as a submerged philosophical context in a number of poets. The chapter accordingly lays out Spinoza’s system as developed in his Ethics. This reading of Spinoza—informed by contemporary work in the physical, biological, computational, and cognitive sciences, and brought to bear on Romantic poetry and poetics—reveals points of identity and difference across the materialist board. Given the multiple claims today on “materialism,” the aim is to restore the term’s precision or develop new kinds of reference, even as we take care to situate those new uses within the field of existing applications. The empirical value of the enterprise is then suggested by a reading of Wordsworth’s “A slumber did my spirit seal.”
Infinite Regresses
Authors: Pruss Alexander R.
Published: September 2018

It is proved that there are only two ways that causal finitism might be violated: an infinite causal regress or infinite causal cooperation. This chapter takes up the first of these two ways. It is intuitively plausible that infinite explanatory regresses—of which causal regresses are a species—are always vicious, but an interesting potential counterexample involving overdetermination is adduced. Infinite causal regresses are divided into three types. Two of them are strong arguments against: one is vicious and the other violates a very plausible grounding claim. And while there are some considerations against the third type, the strongest argument against those is that it would be surprising if those kinds of regresses were an exception to causal finitism.
Supertasks and Deterministic Paradoxes
Authors: Pruss Alexander R.
Published: September 2018

As a warm-up, a careful analysis of Thomson’s Lamp is given. It gives some, but not all thatmuch, support to causal finitism.Then the GrimReaper paradox is examined, and it is argued that although a number of other solutions could be attempted, causal finitism is the best solution. Other deterministic paradoxes are considered, and are argued to support causal finitism. Newtonian gravity seems to be metaphysically possible, but given causal infinitism it should be possible to have a body be pulled gravitationally by infinitely many bodies—which would result in the absurdity of infinite acceleration. Smullyan’s rod involves an infinite rod that hangs in the air by one end, though it shouldn’t. Finally, an analogy with the rejection of causal circles is considered.
Paradoxical Lotteries
Authors: Pruss Alexander R.
Published: September 2018

A countably infinite fair lottery has tickets numbered 1, 2, 3, …, all of them on par. Many paradoxes arise from such lotteries. For instance, if two people get tickets from such a lottery, each will be nearly certain that the other’s ticket has a bigger number. And it will turn out that it would be possible to use an infinite lottery to manipulate a rational agent to believe empirical claims that on their evidence are extremely unlikely. It is then argued that if causal finitism is false, then such lotteries are possible, though one of the arguments has a lacuna involving the Axiom of Choice that will need to be filled in Chapter 6. The net conclusion of the chapter is that the absurdities ensuing fromsuch lotteries are further evidence that causal finitism is true, though an alternate story involving limitations of our rational faculties is also discussed.
Probability and Decision Theory
Authors: Pruss Alexander R.
Published: September 2018

A number of further paradoxes involving probability, decision theory, and infinity are adduced. Some, like Satan’s Apple and Beam’s paradox, only provide weak evidence for causal finitism. But a particularly interesting paradox allows an agent who has from eternity been playing a fair die-guessing game, which game will one day come to an end, to leverage information from past rolls to ensure that shemakes only finitely many wrong guesses.This is absurd: leveraging past information in fair rolls should be just as irrational as the Gambler’s Fallacy. The game involves infinite causal histories, however, and so the causal finitist can reject its possibility.This provides rather more evidence for causal finitism.
Refinement, Alternatives, and Extensions
Authors: Pruss Alexander R.
Published: September 2018

A number of questions concerning the precise formulation of causal finitism—mainly, the question of what causal relation counts for generating causal histories—are raised, and solutions are surveyed. It turns out that the Grim Reaper paradox is more subtle than we saw in Chapter 3, and requires careful consideration. Alternatives to causal finitism are considered. The three main ones are: finitism simpliciter, the no-room theory on which space and time lack the room for paradoxical infinities, and Huemer’s rejection of infinite intensive magnitudes. Finitism was already rejected in Chapter 1 on grounds of conflict with mathematics. The no-room solution only works if it implies causal finitism. And Huemer’s solution has some serious difficulties. Finally, extensions of causal finitism to rule out causal loops and infinite explanatory chains are considered.
Discrete Time and Space
Authors: Pruss Alexander R.
Published: September 2018

There is a strong intuitive argument that if causal finitism is true, then space and time are discrete. Discreteness, especially of time, is discussed, and varieties are distinguished. The implication fromcausal finitism to discretenesswould be problematic for causal finitism asmany physical theories involve continuous space and time.However, the argument from causal finitism to discreteness is challenged, and it is argued that while causal finitism does provide intuitive support for the discreteness thesis, it does not require it. Interpretations of physics, and specifically of QuantumMechanics, are offered on which time is continuous but nonetheless causation is discrete in a way that coheres with causal finitism.
Conclusions
Authors: Pruss Alexander R.
Published: September 2018

The upshot of the preceding nine chapters is briefly summarized and discussed, offering a view of causal finitism as a via media between finitism and infinitism.
Methodology, Problems, and Desiderata
Authors: Stump Eleonore
Published: September 2018

The doctrine that Christ has saved human beings from their sins, with all that that salvation entails, is the distinctive doctrine of Christianity. This book is an examination of that doctrine. The first chapter begins with a consideration of the nature of the project of this book. It is an exercise in philosophical theology, whose nature is briefly summarized. The data of Christian theology that this exercise in philosophical theology presupposes are then set out and discussed. Next, the chapter outlines the elements of the problem that the atonement is meant to solve, namely, the problems of guilt and shame and of the human liability to moral wrongdoing. Then the chapter sketches the main kinds of interpretation of the doctrine of the atonement that can be found in the Christian tradition and briefly summarizes their strengths and weaknesses. The chapter finishes with a short presentation of the desiderata for any acceptable interpretation of the doctrine of the atonement.
The Temptations of Christ and Other Stories
Authors: Stump Eleonore
Published: September 2018

This chapter examines biblical narratives to illuminate the role of Christ’s passion and death in bringing a person to a life in grace. Reflection on the narratives shows that Christ’s passion and death are a most promising way for God to help a human person to the surrender which is the necessary condition for spiritual and moral regeneration. The stories of the temptations of Christ show the way in which Christ’s suffering and death are connected to justification and sanctification. A person’s ceasing to resist the grace of God and surrendering to God’s love is the pinnacle on which her salvation has to stand. If we focus on this necessary condition for salvation, we can see the reason for Christ’s suffering. What can be gained by weakness that could not be gotten through power is the melting of a heart accustomed to willed loneliness and hardened against joy.
A New History of the Future? From Conceptual History to Intellectual World History
Authors: Andersson Jenny
Published: September 2018

Chapter 2 argues that historians need to reengage with the future. It sets out an argument for a transnational history of the future, which traces the circulation of forms of predictive knowledge and expertise as part of a powered claim on world futures and as part of a struggle over the “long term.” The chapter revisits Reinhart Koselleck’s futures past argument, and challenges it universalistic dimensions while engaging with a recent historiography of world temporalities, modernization, and planning. It also proposes that a situated and contextualized intellectual history of the future is an alternative to the “annalistics of the long term” proposed recently, and that such a history needs to be thought of as a situated intellectual history of circulation of forms of knowledge and expertise deeply involved with world making.
Predicting the Future of American Society
Authors: Andersson Jenny
Published: September 2018

The Commission for the Year 2000, created in 1964 in the American Academy of Arts and Science under the chairmanship of Daniel Bell was a key site for the domestication of the predictive technologies developed at RAND, in particular Delphi and the scenario method. Bell moved, in the years of the 1960s, from his notes on the end of ideology at the beginning of the decade to his conclusion that post-industrial society was a society prone to new forms of social conflict and in need of a new mechanism of coordination. Bell thought that he had found this mechanism in the area of forecasting and futures research—activities which might substitute a planning mechanism in American society and provide a new set of “decision tools” for American politics.
Bridging the Iron Curtain. Futurology as Dissidence and Control
Authors: Andersson Jenny
Published: September 2018

East European futurists were part of the transnational networks of futures research. The Ford Foundation sent Daniel Bell on a study trip in 1960 during which he made contact with some of the key milieus of revisionist Marxist thought: the Polska 2000 group led by Andrej Sicinski as well as the group of sociologists under the leadership of Radovan Richta in Prague. After 1968, futurologists helped introduce forms of management and computer science into the planning systems of the socialist economies under the banner of prognostika. The chapter examines the way that East European futurists used the future as a way of constructing an argument about the need to revise Marxism, and how future research became a space of protest and dissidence.
The Welfare State in Europe
Authors: Pestieau Pierre , Lefebvre Mathieu
Published: September 2018

Although in Europe there continues to be a large degree of consensus that it is the responsibility of government to ensure that nobody who is poor, sick, disabled, unemployed or old is left deprived, there are mounting calls to roll back spending on the welfare state. Two main charges are raised: that it fails to achieve some of its main objectives, and that it is responsible for a decline in economic performance. Another charge is that it was conceived in a period very different from the present one and is not anymore adapted to the current realities. In this book, we intend to provide a balanced and informed analysis of these charges as well as some thoughts regarding the prospects of the welfare state in an increasingly integrated world. Written by two economists whose concern is both equity and efficiency, this book gives a set of answers to a number of important questions regarding the current social situation of European countries, the performance of the welfare states and the reforms that should be undertaken. It shows that the overall performance of the European welfare states as regarding its main objectives is satisfactory. There are differences across countries, with the Nordic countries leading the pack, but these differences seem to decrease. The book finally deals with an issue that is left unresolved and calls for some fundamental changes in social policies, namely the social divide that has been on the rise in Europe over the past decades and that hampers social cohesion.
Introduction
Authors: Pestieau Pierre , Lefebvre Mathieu
Published: September 2018

This introduction is devoted to the definition of the concepts of a welfare state, social protection, and social insurance, and to the different foundations, both normative and positive, underlying them. These foundations range from pure individualistic motivations to the Kantian norm, to pure altruism. This introduction discusses also the traditional trade-off between equity and efficiency that is the main concern when designing social programs. It also presents the issues to be covered throughout the fifteen chapters of the book. Finally, it concludes with what can be viewed as the main challenge of European welfare states, namely the mounting socio-economic divide.
Poverty and Inequality
Authors: Pestieau Pierre , Lefebvre Mathieu
Published: September 2018

This chapter is about the state of inequality and poverty in Europe. We observe differences in poverty rates and income inequality across European countries. At the one extreme, there are the Benelux and Nordic countries with little poverty and small inequalities. At the other extreme, there is a mixed group consisting of Southern, Eastern, and Anglo- Saxon countries. Changes in poverty and inequality over time have been rather small. A number of reliable signals, such as aging and restrictive public finance point to an increase of poverty and inequality in the near future. Finally, we show that beyond the traditional social polarization based on income and wealth, there is a deeper and multicausal divide that represents the most serious challenge to our welfare states.
Social Protection and Globalization
Authors: Pestieau Pierre , Lefebvre Mathieu
Published: September 2018

In this chapter we discuss two basic ideas. The first one is that technological change as much as (if not more than) globalization leads to increasing income disparities; accordingly, European unemployment is caused by attempts at fighting these inequalities. The second one is that globalization, and specifically factor mobility, make it difficult for national governments to conduct any redistributive policy, thus leading to what is sometimes called ‘race to the bottom’, or ‘social dumping.’ We show that up to now there are no clear signs of social dumping even though the increasing use of tax heavens and posted workers indicates that the threat is real.
Welfare State and Economic Efficiency
Authors: Pestieau Pierre , Lefebvre Mathieu
Published: September 2018

The main purpose of this chapter is to tackle the issue of whether or not the welfare state is responsible for the decline in economic performance. At the micro level, social protection brings distortion in the choices of contributors and of beneficiaries. Yet, the empirical evidence indicates that the cost of these distortions is rather limited. At the macro level, one cannot infer much from a negative relation between the social burden and GDP growth. Given that, we reach three conclusions. First, the welfare state is likely to have modified the preferences of individuals. Second, the decline in economic growth and pressured public finance calls for its partial retrenchment. Finally, most of the work on the effect of the welfare state on growth and employment deals with a relatively short and recent period. A longer run view might be useful.
Performance and Efficiency of the Welfare State
Authors: Pestieau Pierre , Lefebvre Mathieu
Published: September 2018

One of the most widespread critiques levelled against the welfare state is its inefficiency. In this chapter we try to tackle the question of definition and measurement of the efficiency and the performance of the welfare state. We show that there exist clear inefficiencies in the distribution of services. Because of administrative complexity or fear of stigmatization, the neediest people can fall outside the protection of the welfare state. As far as the administrative cost of social insurance, a single public provider tends to be cheaper than a multiplicity of private firms. In the production of some services, there are clear efficiency slacks, but these do not depend on ownership—public or private. What seems to matter is competition and autonomy. Finally, we study the performance of the welfare state as a whole, abstracting from social spending. The results indicate a clear process of convergence among European countries.
Unemployment and Poverty
Authors: Pestieau Pierre , Lefebvre Mathieu
Published: September 2018

This chapter emphasizes the role of unemployment insurance and labour market policies. Starting from the recent evolution of unemployment in the European countries, it presents the main aspects of unemployment insurance systems and shows the disparities in terms of generosity and coverage among the countries. The trade-off between flexibility and protection of employees is presented and the example of the Danish flexicurity is put into perspective with recent reforms introduced in France or Germany that push for more activation and experience rating. The chapter then surveys the recent changes in the nature of European employment such as the case of deported workers or the increase of jobs related to new technologies. These changes exert pressure on the poorest workers and call for controls of work contracts.
Family Policy
Authors: Pestieau Pierre , Lefebvre Mathieu
Published: September 2018

This chapter first emphasizes the effect of family allowances on poverty in European countries. It stresses the fact that if family allowances appear to have a remarkably redistributive effect, they are only one component of child policies. Further their objective is not just poverty alleviation; they also aim at fostering female employment and fertility. The chapter shows that there exist sharp differences in the level and pattern of child policies across European countries, the Nordic countries leading the pack in terms of generosity. The issue of early child development is then discussed because it is considered as crucial for achieving a successful life. Finally, the issue of reconciling parenthood and employment is addressed.
Conclusion
Authors: Pestieau Pierre , Lefebvre Mathieu
Published: September 2018

This final chapter recaps the main problems facing the welfare states in Europe and insists on the need for reform. The acquired right issue but also the opposing views on what should be a welfare state too often tend to slow down the implementation of changes. Also, the two main challenges—coping with the digital revolution and fighting the social divide—are addressed. Faced with dramatic changes in how people work, social protection has to adapt. Reducing the gap between haves and have-nots will also be crucial for social policies and this may not be solved just by cash transfers.
Introduction
Authors: Banu Roxana
Published: September 2018

This chapter describes and contests the common assumptions about nineteenth-century private international law intellectual history. Conventional historical accounts focus on broad schools of thought in private international law (PrIL), such as nationalism and internationalism, or personality and territoriality. By contrast, the central thesis of this book, described in this first chapter, is that internationalism was constructed differently depending on whether nineteenth-century internationalists took the state or the individual as the point of reference. This chapter argues that reading contemporary concepts and debates into nineteenth-century PrIL scholarship prevented us from engaging with the nuances and unique motivations of nineteenth-century PrIL theories. Instead, this introductory chapter outlines the contextual perspective adopted in this book’s intellectual historical account, which ultimately helps in recovering and reconstructing a relational internationalist perspective in nineteenth-century private international law legal thought.
Individual- and State-Centered Perspectives in Nineteenth-Century Private International Law
Authors: Banu Roxana
Published: September 2018

This chapter discusses two different intellectual motivations in nineteenth-century PrIL, namely the attempt to align PrIL with PublIL and with private law respectively. The chapter shows that scholars like Antoine Pillet and Ernst Zitelmann, who attempted to align private with public international law, injected a formalistic and neutral notion of state sovereignty into PrIL. It further argues that various scholars focusing on private law and on the rights and expectations of individuals, rather than states, portrayed a relational, socially constituted image of the transnational agent, rather than the atomistic image generally associated with nineteenth-century private law theories. Lastly, this chapter describes the scholarship of Pasquale Mancini as a particular kind of humanistic perspective, which, in contrast to the relational internationalist perspective, both narrowed and enlarged individual liberty in the transnational realm.
Recognition, Rights, and Reasonable Expectations
Authors: Banu Roxana
Published: September 2018

This chapter provides an analysis of the way in which rights theories in private international law are constructed depending on whether one takes the state or the individual as the point of reference and whether one portrays an individualistic or a relational image of the transnational agent. It outlines the differences between early nineteenth-century individualistic theories, late nineteenth century state-centered rights theories, and the nineteenth-century relational internationalist perspective introduced in Chapter 2. The chapter suggests that historically the misrecognition of individuals and their pleas for justice was a corollary to the state-centered internationalist position under the private-public international law association. It further argues that relational internationalist theorists tried to create a cross-reference between individual reasonable expectations and larger sociopolitical considerations. Such theories emphasized a spectrum from liberty to social responsibility, based on their differentiation and analysis of the various types of private law relationships in the transnational realm.
Conclusions
Authors: Banu Roxana
Published: September 2018

These conclusions summarize the relational internationalist perspective as a theory that places individuals at the center of a range of concentric circles representing different dimensions of relationality. Furthermore, it suggests that this perspective can be an important bridge between PrIL and a broad range of academic debates. In this chapter private law theory and feminist perspectives on relational justice are examined in further detail by way of a series of comparisons. Global justice debates and debates about the role of intellectual history studies generally are also explored. Lastly, this chapter considers how studies of intellectual history can help in the process of rethinking PrIL’s theoretical foundations.
The International Legal Personality of the Individual
Authors: Kjeldgaard-Pedersen Astrid
Published: September 2018

This book scrutinizes the relationship between the concept of international legal personality as a theoretical construct and the position of the individual as a matter of positive international law. By testing four main theoretical conceptions of international legal personality against historical and existing international legal norms that govern individuals, the book argues that the common narrative about the development of the role of the individual in international law is flawed. Contrary to conventional wisdom, international law did not apply to States alone until the Second World War, only to transform during the second half of the twentieth century to include individuals as its subjects. Rather, the answer to the question of individual rights and obligations under international law is—and always was—solely contingent upon the interpretation of international legal norms. It follows, of course, that the entities governed by a particular norm tell us nothing about the legal system to which that norm belongs. Instead, the distinction between international and national legal norms turns exclusively on the nature of their respective sources. Against the background of these insights, the book shows how present-day international lawyers continue to allow an idea, which was never more than a scholarly invention of the nineteenth century, to influence the interpretation and application of contemporary international law. This state of affairs has significant real-world ramifications as international legal rights and obligations of individuals (and other non-State entities) are frequently applied more restrictively than interpretation without presumptions regarding ‘personality’ would merit.