bluuebunny/crossref_metadata_2025 huggingface dataset:
Kames and the Argument from Perceptual Reliability
Authors: McDermid Douglas
Published: April 2018

Critic and cousin to David Hume, Henry Home (1696–1782)—or Lord Kames, as he was known after his appointment to the Court of Session in 1752—had remarkably varied intellectual interests. His principal philosophical work is Essays on the Principles of Morality and Natural Religion (1751, revised in 1758 and again in 1779), which contains constructive rejoinders to many of the sceptical arguments presented by Hume and Berkeley. The purpose of this chapter is to analyse Kames’s little-known defence of perceptual realism as it was set forth in the 1751 version of his Essays. As will become apparent in Chapter 3, Kames’s views about the nature of perception anticipated and inspired Thomas Reid’s plea for the view that we have immediate knowledge of a mind-independent world. This makes Kames the de facto founder of the Scottish common sense realist tradition.
Stewart and Hamilton
Authors: McDermid Douglas
Published: April 2018

How did the cause of common sense realism fare in Scotland in the decades immediately following Thomas Reid’s death in 1796? This chapter explores the contributions of the two Edinburgh-based philosophers introduced at the end of Chapter 1: Dugald Stewart (1753–1828) and Sir William Hamilton (1788–1856). Stewart’s approach to the problem of the external world is less intellectually adventurous than what we find in Hamilton, who attempted something difficult and hitherto untried—namely, to arrive at a synthesis of the insights of Reid and Kant. Hamilton’s willingness to learn from Kant and the post-Kantian idealists opened up Scottish philosophy to foreign authors and fresh influences, and this contributed to the backlash against common sense realism which is the subject of Chapters 5 and 6.
Ferrier and the Foundations of Idealism
Authors: McDermid Douglas
Published: April 2018

This chapter reconstructs and analyses Ferrier’s main argument for a form of idealism which is both neo-Berkeleyan and post-Kantian. The argument, which is advanced in his Institutes of Metaphysic (1854), has three main premises: (1) If Absolute Existence is that which we know, it must be the synthesis of subject and object. (2) If Absolute Existence is that of which we are ignorant, it must be the synthesis of subject and object. (3) Either Absolute Existence is that which we know, or Absolute Existence is that of which we are ignorant. The first and second premises rest on two key principles: the Law of All Knowledge (a subject cannot know objects without knowing itself along with them) and the Law of All Ignorance (we can be ignorant only of what some subject can know). The main aim here is to understand why Ferrier thinks these two propositions are true.
International Officials and the Rise of ISDS
Authors: St John Taylor
Published: April 2018

This chapter builds a new explanation for the rise of ISDS, drawing on the theoretical tradition of historical institutionalism. It begins with a general discussion of the promise of historical institutionalism, focusing on preferences and unintended consequences. The second section introduces the concept of critical juncture and argues that international officials can determine the outcome of a critical juncture, if certain conditions are met. The chapter specifies these conditions as well as motivations, resources, and strategies of international officials. The third section turns to gradual institutional development, and introduces feedback effects, layering, and conversion as mechanisms that help us understand how institutional structure can be reproduced while simultaneously entailing novel institutional purposes and unintended consequences.
Gunboats and Diplomacy
Authors: St John Taylor
Published: April 2018

Chapter two outlines antecedents of the ICSID Convention. The antagonisms emerging from the long history of investment dispute settlement are briefly discussed, in particular historical memories about separate courts and separate law for foreigners. Early twentieth-century efforts to replace the use of force with arbitration and later work to reframe foreign investment as a tool for development instead of a tool of imperialism provided more hopeful antecedents. Decolonization brought with it high expectations, but also disillusionment: disputes like Abadan (in which the British government sent gunboats, then asked the UN Security Council, the ICJ, and the World Bank to act, before ultimately staging a coup) made capital-importing governments wary and led many officials to believe the world needed new machinery to resolve disputes between investors and states.
Intergovernmental Discussion and Ratification of ICSID
Authors: St John Taylor
Published: April 2018

Chapter five analyzes initial state responses to the idea of ICSID. The Bank invited states to send legal experts, even if these individuals were not government officials. Despite their shared methods and language, these experts-designate expressed a variety of views about investor–state arbitration during the consultative conferences. Some experts from capital-importing states were convinced by the Bank’s argument that joining ICSID would improve their investment climate, but many questioned this argument. While the Bank argued that ICSID merely institutionalized existing practice, many experts-designate found the Convention’s potential legal implications unsettling. Several experts-designate expressed concern about the consequences of elevating investors to equal standing with states. Others, especially in the Asian consultative conference, were concerned about public policy implications, and in particular that the Convention might constrain domestic policymaking. Many experts-designate sought tighter limits on the Convention’s jurisdiction, and the Bank relied on the Convention’s double-consent requirement to assuage these concerns.
Layering
Authors: St John Taylor
Published: April 2018

Chapter six probes how investor–state arbitration was layered into investment treaties. The ICSID Secretariat played a pivotal role in the initial spread of clauses providing access to arbitration in treaties, and the available evidence does not bring forth any other actors that could have played this role. Shortly after the ICSID Convention came into force, the ICSID Secretariat released Model Clauses providing guidance on how to consent to ICSID’s jurisdiction, and as part of the World Bank, the Secretariat had privileged access to governments. At the Secretariat’s recommendation, governments even enshrined direct access to ICSID in their domestic law. The Secretariat’s promotion of advance consent in BITs was crucial for creating “investment treaty arbitration”: following the Secretariat’s advice, several European states inserted advance consent clauses in their model BITs, and these clauses subsequently became standard practice for BITs around the world.
Conclusion
Authors: St John Taylor
Published: April 2018

The conclusion identifies how the book’s findings relate to contemporary debates. The terms of today’s debate were set decades ago: all visions of investor–state arbitration’s future define themselves in terms of the clash between public and private paradigms—a clash created by drafters over fifty years ago. In 1962, Broches thought there were insurmountable political obstacles to creating an investment court. He may still be right, and this chapter enumerates issues that governments must grapple with to create a “public” court system. Since governments are unlikely to make the compromises necessary for a “public” vision to be fully realized, a “private” system may, paradoxically, be the best way to serve public interests.
Statutory Interpretation
Authors: Steiner Eva
Published: April 2018

This chapter examines the techniques of statutory interpretation used in France. It first examines the various methods used by French judges when interpreting legislation. The French approach to statutory interpretation is usually expressed in three propositions, which can be traced back as early as 1799 to the classical and visionary Discours Préliminaire. The chapter then looks at the aids to construction at their disposal: the internal and external. Finally, the chapter turns to the authorities, other than the judiciary, that are authorised to interpret law in France. The lois interprétatives are declaratory or explanatory statutes passed by Parliament in order to explain the meaning of an earlier statute which is unclear or disputed. Meanwhile, the réponses ministérielles provide one of the most significant sources of statutory interpretation in France, especially in branches of public law such as tax or immigration.
Judges
Authors: Steiner Eva
Published: April 2018

This chapter looks briefly at the way judges are recruited in France and how and to what degree this is reflected in their way of reasoning and style of argument. It outlines the requirements for admission to the profession of being a judge in France and the methods adopted for training them. This outline is confined to professional judges, but it should be noted that, in France, commercial and employment cases are adjudicated at the first instance by lay judges. Further, judges in the administrative courts are not included in the teaching and training processes provided for by the École Nationale de la Magistrature (ENM). Administrative judges are recruited from the pool of high-ranking civil servants, many of them trained at the prestigious ENA (École Nationale d'Administration).
Case Notes
Authors: Steiner Eva
Published: April 2018

This chapter discusses the importance of case notes as an aid to interpreting and evaluating judicial decisions in France. In doing so, the chapter highlights the crucial role played by academic writers in the understanding of court decisions. Although case notes are not peculiar to France, the French notes d'arrêts have a much greater impact on the legal research, teaching, and practice of French law than elsewhere. This is due to the particular form they take, and also to the specific functions they perform. Notes d'arrêts take the form of extended footnotes to reported cases in private law reports. Their functions are principally for clarifying the meaning of judicial decisions and for shaping precedent.
The Law of Tort
Authors: Steiner Eva
Published: April 2018

This chapter examines the French law of tort. Although French law takes a broad approach to civil liability, when looking more closely at the way in which French judges have dealt with claims in tort, it becomes apparent that the need to avoid extending the scope of civil liability to an unlimited extent has also been present in French law. Indeed, in order to achieve desirable results, French judges have on many occasions used their discretion to interpret restrictively the elastic concepts of fault, damage, and causation. Hence, they end up dismissing claims which, for policy reasons, would have created unjust results or would have opened the gates to a flood of new claims. Thus, even though French judges do not admit to it openly in their judgments, they are influenced as regards the matter of deciding the limits of liability by general policy considerations, especially the ‘floodgates arguments’ which their English counterparts also readily understand.
Epistemically Proper Belief
Authors: Goldberg Sanford C.
Published: April 2018

This chapter argues that the sort of normativity that is at the heart of epistemology is the sort of normativity involved in assessments of whether a subject’s belief satisfies the distinctly epistemic standards on knowledge. It introduces the term ‘epistemically proper’ to designate the status a belief has when it satisfies these standards. The author argues against the view that nothing short of knowledge itself can provide the standards, and proceeds to argue for the view that the theory of epistemic justification is in the business of articulating the relevant standards. Appealing to his construal of the internalism/externalism dispute in the theory of justification, the author concludes by motivating a desideratum on any such account: it should regard epistemic propriety as involving both a reliability dimension and a responsibilist dimension.
Epistemic Assessment
Authors: Goldberg Sanford C.
Published: April 2018

This chapter addresses the main roadblock to offering an account of the distinctly epistemic standards governing knowledge, once we assume that these involve both a reliability and a responsibility dimension. The problem is that no such account of epistemic justification can be unified and well motivated. Against this, the author argues that the key to providing such an account is to recognize a feature of evaluative assessment generally. It is argued that assessments of epistemic justification—and hence of epistemic propriety—involve two distinct determinations, one concerning whether the explicit epistemic criteria were satisfied, the other concerning whether the general expectations we bring to bear in epistemic assessment were satisfied.
Core Criteria II
Authors: Goldberg Sanford C.
Published: April 2018

This chapter completes the account of the explicit criteria for epistemically proper belief. Given a belief formed through a process or processes on which the subject enjoyed a default permission to rely, the belief is epistemically proper just in case it satisfies a version of Process Reliabilism which the author calls Coherence-Infused Reliabilism (CIR). CIR requires that (i) beliefs be formed and sustained through processes that were reliable (or conditionally reliable), and (ii) the propositional content of the belief, as well as the hypothesis asserting the reliability of the processes as used on this occasion, cohere with the subject’s background beliefs. After arguing that such a view is well motivated, the author suggests that condition (ii) amounts to the exemplification of a minimal kind of epistemic responsibility, and goes on to generalize the account to cover all beliefs (not just basic ones).
Epistemic Responsibility in Social Context
Authors: Goldberg Sanford C.
Published: April 2018

This chapter addresses a host of worries that one might have about this book’s account of epistemic propriety and epistemic responsibility. Chief among these are worries about the threat of social relativism in epistemic assessment, the threat of an overly context-sensitive account of epistemic propriety and epistemic responsibility, the challenge to vindicate that one can be epistemically responsible even while alone on a desert island (and so when systematically isolated from others), and the lack of engagement in the book’s account of epistemic responsibility with any discussion of doxastic voluntarism or doxastic control. The author concludes that none of the worries should lead us to reject the proposal on offer.
Inferring Actors’ Emotions
Authors: Markwica Robin
Published: April 2018

The empirical study of phenomena as evanescent and elusive as emotions raises thorny methodological challenges. Chapter 3 proposes a methodological strategy for inferring emotions from their external representations and for gauging their influence on decision-making. Borrowing techniques from linguistics, psychology, and sociology, the chapter combines qualitative sentiment analysis with an interpretive approach to infer actors’ emotions and their intensity from textual sources. It delineates a number of methodological steps for recovering the cultural, strategic, and individual context of emotions. Moreover, the chapter uses process philosophy to develop a process form of explanation as an alternative to conventional causal and constitutive analysis, neither of which is suitable for theorizing the relationship between emotions and decision-making. This process account is not only able to grasp the dynamic nature of emotions; it is also better suited to trace the influence of emotions on choice behavior.
The Cuban Missile Crisis, 1962
Authors: Markwica Robin
Published: April 2018

Chapter 4 examines Nikita Khrushchev’s decision-making in the Cuban missile crisis. It posits that the logic of affect offers a more comprehensive explanation of the Soviet prime minister’s choice behavior. Specifically, the model shows that his defiance of John F. Kennedy’s demand to remove the missiles from Cuba during the first two days of the crisis was shaped by his sense of humiliation and anger at what he saw as the American president’s refusal to recognize him as the leader of a co-equal power. In the last four days of the crisis, however, the decline of Khrushchev’s anger and humiliation and a growing fear of nuclear war shaped his preference for accepting Kennedy’s terms. That Khrushchev interpreted a message from Washington at the height of the crisis to mean that Kennedy was finally validating his equal status helped him to protect his self-esteem as he decided to withdraw the missiles.
Conclusion
Authors: Markwica Robin
Published: April 2018

The concluding chapter starts out by assessing the explanatory power of the logic of affect. It suggests that the model was able to illuminate decisions that were difficult to comprehend from the standpoint of existing theoretical approaches. The logic of affect also improved on accounts where the traditional logics of consequences or appropriateness already enjoyed some success. This has resulted in more comprehensive explanations for why coercive diplomacy worked in the missile crisis but not in the Gulf conflict. After comparing the findings of the case studies, the chapter sketches their policy implications for the practice of coercive diplomacy. Finally, it provides some suggestions for future research that build on this effort to establish an affect-based paradigm in International Relations.
The Musical Setting of Ancient Greek Texts
Authors: D’Angour Armand
Published: April 2018

This chapter discusses the relationship between melody and language in Homer, the musical fragment of Euripides’ Orestes, and the ‘Seikilos Song’. Readings of Homeric passages draw on statistical analysis of the pitch-structures of the hexameter to show how melody may have been used to mark significant junctures, bridge syntactically conjoined verses, and demarcate the narrative. The musical scores of the two later texts demonstrate the interaction of semantic meaning with melodic and rhythmical patterns, and contextualizes these interactions against the backdrop of wider developments in Greek performance culture. The (probably) Euripidean melody on the Vienna papyrus should be seen in relation to the techniques of the ‘New Musicians’, and viewed as a move towards a more emotionally ‘programmatic’ melodization. The chapter also argues for an overall continuity of techniques for creating musical effects from ancient Greek to later traditions of Western music.
Aristotle on Music for Leisure
Authors: Destrée Pierre
Published: April 2018

This chapter deals with what Aristotle calls music ‘for pursuit in leisure’ (or in ‘cultivated leisure’) which he considers the most valuable ‘kind’ of music. In particular, it argues that the song or tune that corresponds to that music is what the musicologists of his time calls the ethical songs or tunes—except that when enjoying them in leisure, one is supposed to appreciate them without any ethical consequences, for their own sake alone. We can infer that the way music for pursuit in leisure must be enjoyed consists in the intellectual enjoyment of its order, symmetry, and definiteness.
Desert island data
Authors: Cohen Laurie , Duberley Joanne
Published: April 2018

Laurie Cohen and Joanne Duberley describe their use of an unconventional data source—a radio programme—to study celebrity careers. This source also includes music, which evokes memories, and elicits emotions not readily captured in conventional interviews. They used the archives of the BBC Radio 4 programme Desert Island Discs to study the careers of well-known research scientists. The programme’s format has been consistent over its 70-year history; ‘castaways’ from all walks of life are interviewed about their careers and are asked to select eight pieces of music, which reveal many other aspects of their lives. This research focused on the relationships between work and life course, the notion of career as performance, and the role of emotion in the narration of career. Desert Island Discs is part of an extensive archive. As time and funding for research are tight, rapid no-cost access to such data is valuable.
Research in extreme contexts
Authors: Buchanan David A. , Denyer David
Published: April 2018

David A. Buchanan and David Denyer explore how unconventional methods have been used to study extreme settings which, involving degrees of risk and threat, are often considered challenging in terms of research access. These methods include the extensive use of single case studies based on non-traditional public information sources, embedding researchers in the context to be investigated, and the use of fictional accounts from film and television as sources of evidence. Organizational researchers using these methods are often cast in the roles of historian and detective, reconstructing event sequences from the available evidence, from different sources, assessing the relative value of that information, and drawing it into a coherent account. Four studies illustrate these methods, from hospital operating theatres, nuclear reprocessing, offshore oil and gas storage, and fire and rescue services. As organizational contexts become more volatile, extreme context research may not be as specialized and problematic as the label suggests.
Netnography
Authors: Kozinets Robert V. , Nocker Manuela
Published: April 2018

Robert V. Kozinets and Manuela Nocker explain how data can be collected using online ethnography or netnography—unconventional in organizational research. A netnography is a specific set of related data collection, analysis, ethical, and research practices. The approach has been used to study online collaboration, and the conversations, languages, online behaviours, and symbolic repertoires of different groups. Online netnography is distinct from traditional in-person ethnography. Ethnography focuses on single field sites; netnography addresses the dispersed nature of online sociality. Prolonged field immersion is less meaningful in netnographic investigations. And the pace of internet technology development encourages a pace of research faster than that of traditional ethnography. As our social and corporate worlds become intertwined, widening access to personal information, ownership of that information is contentious, raising research ethics dilemmas. Ethnography and netnography are not value-neutral, and technology is encouraging us to question what we wish to achieve with our research.
Beyond one voice
Authors: Kempster Steve , Parry Ken
Published: April 2018

Steve Kempster and Ken Parry introduce an unconventional research design and data collection method called co-constructed analytic auto-ethnography. This is based on a collaborative partnership between researcher and participant. The collaboration first involves an in-depth exploration of the participant’s socially constructed experience. The approach then reaches beyond that experience by testing the resonance of the insights generated with those of others who have been through similar experiences. Co-constructed analytic auto-ethnography can thus explore subjects that are difficult to access with traditional qualitative and quantitative methods. The approach is illustrated by a study that involved a collaboration between an academic and a senior manager, exploring the inter-related phenomena of emotional labour and authenticity in leadership practice. Dismissing criticism of auto-ethnography as ‘confessional tales’, the chapter concludes that this is a rigorous, insightful, and valuable research approach.
Temporal Parochialism and Its Discontents
Authors: Scheffler Samuel
Published: April 2018

Many of us exhibit a form of temporal parochialism. We lack a rich set of evaluative resources for thinking about our relations to generations other than our own. Yet we are hardly indifferent to the fate of our successors, and issues like climate change that implicate our attitudes toward the future generate intense interest. Many philosophers writing about future generations focus on issues of moral responsibility, devoting special attention to the puzzles of “population ethics.” They seek to identify a suitable principle of beneficence to help resolve those puzzles. This chapter outlines a different approach. Rather than focusing solely on issues of moral responsibility, this book will investigate the question of how future generations feature in our practical and evaluative thought as a whole. The aim is to explore the evaluative commitments that may be latent in our existing attitudes, and so to enrich our thinking about future generations.
Phenomenal Concepts and the Materialist Constraint
Authors: Levine Joseph
Published: April 2018

Here I address the “phenomenal concept strategy” for addressing anti-materialist intuitions, such as the explanatory gap, by appealing to the special nature of phenomenal concepts. I look in depth at several proposals, including John Perry’s influential presentation in Knowledge, Possibility, and Consciousness, and argue that they all fail in meeting what I call the “materialist constraint”, which is the principle that no property or relation that is not realizable in physical properties or relations be appealed to in the account. I conclude that some relation such as acquaintance must be invoked to explain our first-person access to conscience experience, and that currently no materialist model for such a relation exists.
The Q Factor
Authors: Levine Joseph
Published: April 2018

In this paper I criticize the Chalmers–Jackson position on the commitments of Materialism from a new direction. Unlike my earlier critique, and that of Block and Stalnaker, I here accept for the sake of argument the overall neo-Fregean semantic project that Chalmers and Jackson employ to draw out the alleged a priori commitments of Materialism. Focusing on their response to Block and Stalnaker in The Philosophical Review, I argue that even granting them their semantic framework they beg the question against the (type B) Materialist. The crucial issue concerns whether, in demonstrating that macro-facts about water can be derived from the basic facts, it is legitimate to include phenomenal facts among the basic ones.
Color and Color Experience
Authors: Levine Joseph
Published: April 2018

In this paper I investigate the problems for “locating” color in the world, surveying the various subjectivist and objectivist positions and finding them wanting. I then argue that the problem is that colors are “ways of appearing,” an odd kind of property that essentially implicates the mind and turns the problem of locating color into part of the mind–body problem. Rather than identify colors with objective surface features, such as surface spectral reflectance, or with dispositions to cause certain internal mental states, I treat them as relations holding between the subject and the objects of perception. This is seen to explain why colors are so hard to locate, and also accounts for several other features of color experience.
Who Else Is Owed a Break?
Authors: Yaffe Gideon
Published: April 2018

Many people besides children are denied a say over the law. Are they too, for the reasons described in earlier chapters, owed a break when they commit crimes? The chapter offers an explanation as to why the argument of the preceding chapters does not apply to visitors; their disenfranchisement does not support leniency towards them since their status bars them from offering the complaint about non-lenient treatment available to children. Felons, by contrast, should not be denied the vote, and so should not be given a break even though they ought to be treated more leniently if we persist in our practice of disenfranchising them. Finally, the poor and members of traditionally oppressed groups, who are prevented from exercising their entitlements to exert influence over the law, are owed lenience, despite the fact that a better solution is to remove the obstacles to the exercise of their entitlements.
What Breaks Are Owed?
Authors: Yaffe Gideon
Published: April 2018

This chapter concerns the question of what form our leniency towards children who commit crimes should take. The chapter argues that the primary and most important way we ought to give kids a break is through laws that produce mitigation of sentence, either by granting sentencing judges the power to mitigate the sentence of a kid because he is a kid, or by barring them from issuing harsh sentences that they have the power to give to adults. However, the chapter also suggests that the rationale for giving kids a break has implications for police practices, as hinted in a recent Supreme Court case. The chapter aims to demonstrate this by arguing that there will be deceptive interrogations of kids who are suspects that are impermissible even when the very same interrogations of psychologically and behaviorally identical adults are permissible.
Conclusion
Authors: Yaffe Gideon
Published: April 2018

The science of child development—especially psychological and neural development—is helping us to see just how different kids are from adults in ways that matter directly to their culpability for crime. Not every difference matters, of course, but many do. For instance: What risks one was aware of when one acted in a way that harmed another matters, directly, to one’s culpability. The greater the risks of which one was aware when acting, the greater the culpability. If kids are different from adults in the way they perceive risks, then this matters to their culpability; and, in fact, there is evidence suggesting that they are. Using empirical discoveries in this way is extremely important if we are to give kids their due....
Herodotus’ Book 2 and the Unity of the Work
Authors: Bichler Reinhold
Published: April 2018

Charles Fornara was a pioneer in Herodotean studies by showing how deeply the Histories reflected on the political and intellectual conditions of the author’s own time, but he considered Book 2 as an exception, representing an early stage within Herodotus’ development. The aim of this paper is to show that Book 2 can be seen as a coherent part of the Histories as a whole, looking in particular at Herodotus’ geographic conception, the chronological order within his work, the basic elements of his ethnographic principles, and his approaches to a religious history. Eventually, the arrangement of his colourful stories about the Egyptian kings follows a deliberate concept. His analysis lets us see, once again, that Herodotus was fully conscious of the actual political situation of his own time.
The Moral of History
Authors: Harrison Thomas
Published: April 2018

This chapter examines in what sense the Histories of Herodotus might be envisaged as moral or didactic in purpose. It looks, first, at weaker definitions of moralism (e.g. in terms of the themes or patterns that unite the Histories), before looking next at the moralism expressed by different characters in the Histories, and finally asking whether there are stronger morals implicit in the Histories as a whole.
What is a Setting?
Authors: Hutchinson G. O.
Published: April 2018

The idea that a poem has ‘a setting’, this chapter argues, should give way to a more dynamic sense of changing spatial contexts. These contexts form part of a structuring which informs much personal lyric poetry, as is illustrated from Alcaeus and Horace: in this structuring, situation and resolution are in conflict, and the conflict is often heightened through opposing spaces. Spaces frequently contrast in scale; one spatial context often changes in a poem; spatial contexts are commonly not real or immediate. The poetry is mobile and unpredictable, but shaped by deep structures—which, in contrast with some genres, it does not keep to a normal sequence. Opposed spatial domains are exemplified from Joseph Roth, the search for structures from Lessing.
Scotland’s Population
Authors: Anderson Michael , Roughley Corinne
Published: April 2018

Scotland’s population history since the middle of the nineteenth century has too often been written either at a national level or as if what happened in a particular area was unique. There has been too much focus on losses, failings, or crises, and too little on successes and improvements in people’s experiences of life. There were multiple demographic Scotlands, linked to the diversity of the country’s economy, geography, and cultures, and many successes as well as failures. The book sets Scottish demography in a wider British and Western European framework and shows how patterns and trends from the past influence the present and the future demography of the country. Scotland’s outstandingly detailed published reports, many hitherto hardly used, are briefly described
Multiple Scotlands
Authors: Anderson Michael , Roughley Corinne
Published: April 2018

To understand Scotland’s population histories it is frequently necessary to explore what was happening below Regional level. A database of Scottish civil parish populations from 1755 to 2001 is used to explore changes in population density and growth over time. Maps show density in 1801 and in 2001, decade population peaked in each parish, and growth from 1801 to 1851, 1851 to 1891, 1891 to 1951, and 1951 to 2000. Attention is drawn to some of the principal causes of change, including modifications to agrarian systems, fishing, new and declining industries, mining, on commuting to nearby major urban centres and oil-related development.
The Components of Population Change
Authors: Anderson Michael , Roughley Corinne
Published: April 2018

Scotland and England had broadly similar fertility and mortality trends, but Scotland’s net emigration far exceeded England’s at all periods, and in most decades was the highest in western Europe after Ireland. Analysis at local authority level shows net out-migration from almost every county in every decade until at least the 1990s, with high net outflows not just from highland and island areas but spread across most of rural Scotland and, much earlier than in England, even from the cities and largest towns. From the 1950s, Scotland had no local authorities which shared the significant net inflows found across large areas of the English south and the midlands. Graphical analysis shows major differences in crude birth and death rates in different parts of Scotland, with birth rates persistently high in the manufacturing areas of the Central Belt and low in the crofting and textile manufacturing counties.
Patterns of Migration
Authors: Anderson Michael , Roughley Corinne
Published: April 2018

Internal and external migration have been all-pervasive features of Scottish life. In 1851, more than half the population had moved from their parish of birth before they were twenty; there was also significant seasonal migration. Except where there was rapid industrial growth, net out-migration was a pervasive feature of almost all parts of the country. Scottish net overseas emigration was the highest or second highest in Europe for most of our period. There were also large flows to England at all dates but also significant immigration from all parts of the UK, though less from overseas compared to England. Emigration disproportionately involved young adults and skilled and educated men. Reasons for Scotland’s high emigration compared to England’s are explored. Local case studies show that, particularly in the industrial areas, Scotland’s demography had an inherent dynamism which produced far more young adults than the slowly growing economy could support.
Marriage and Nuptiality
Authors: Anderson Michael , Roughley Corinne
Published: April 2018

Compared with England and Wales and many parts of north-west Europe, Scotland shows a marked tendency towards later marriage ages and lower overall nuptiality, to the 1970s in particular. Marriage rates were especially low in the interwar period but rose rapidly after World War Two before falling back from the 1970s, though this was accompanied by a rise in cohabitation. There were at all dates major contrasts between different parts of the country (mapped at parish level as an example for 1911) and these closely reflected the different opportunities for setting up a home together that were made available to men and women by local agrarian systems, and occupational and class structures. Over time, falling mortality reduced levels of widowhood, but this was offset by rising divorce.
Explaining Fertility Changes since the 1930s
Authors: Anderson Michael , Roughley Corinne
Published: April 2018

The post-Second World War period saw major fluctuations in fertility in both Scotland and England and Wales, but the oscillations decreasingly moved in tandem, though, as elsewhere in western Europe, the general tendency of family sizes was downward from the 1980s. This was accompanied by major changes in the ages at which women were most likely to bear a child and, in Scotland, significant alterations in the spatial distribution of the highest and lowest fertility areas. Many possible explanations have been offered for these changes and some specifically Scottish features which may have affected the scale and timing of changes north of the border are briefly reviewed, including access to efficient contraception; immigration and religion; council housing and house purchase patterns; living standards, expectations and insecurity; women’s education, employment and household division of labour; and wider value changes.
Central Banking during the Great Recession
Authors: Papadia Francesco , Vӓlimӓki Tuomas
Published: April 2018

Monetary policy before the Great Recession rested on three unacknowledged assumptions: first, the central bank could effectively control a short-term rate; second, this short-term rate had a stable relationship with longer/riskier rates; third, the central bank could move the short-term rate up or down as needed. In one or the other phase of the Great Recession one or more of these assumptions no longer held. The Fed and the ECB reacted to these difficulties, adding balance sheet management to their weaponry. After the failure of Lehman Brothers, measures of financial stress exploded and the banking sector was affected by an acute lack of liquidity, large losses, a disproportion between diminished capital and a riskier balance sheet, low profitability, enhanced competition of shadow banks, deleveraging, and difficulties in raising new capital. The Fed and the ECB could address some, but not all, of these problems.
‘Housing the Arts’
Authors: Fair Alistair
Published: April 2018

This chapter discusses how major new theatres were funded in Britain between the 1950s and the 1980s. It considers the role of local government in promoting and subsidizing the construction of theatres, as well as the contributions made by individual benefactors, grant-giving trusts, and local fundraising efforts. Its focus, however, is the Arts Council’s ‘Housing the Arts’ programme, which was introduced in 1965 and survived into the 1980s. ‘Housing the Arts’ only ever part funded theatre-building projects, but its views carried particular weight. Based on the extensive archives relating to the programme, the chapter charts the origins and operation of the programme, and the difficulties that it increasingly faced.
‘A New Image of the Town Centre’
Authors: Fair Alistair
Published: April 2018

This chapter locates key theatres of the 1960s and early 1970s in a series of urban contexts. The first part of the chapter discusses the idea of civic pride, and shows how this idea—often associated with the nineteenth century—persisted in the post-war period. It discusses how theatres could be invoked in discussions of civic pride and urban identity, and the range of individuals and organizations who did so. The second part of the chapter considers a series of examples whose location was discussed at some length. Some of these examples were located in civic centres as demonstrations of their role as a civic amenity, but others were built in shopping areas to suggest accessibility. Key examples discussed in the chapter include Birmingham Repertory Theatre, Leicester’s Haymarket Theatre, Derby Playhouse, Billingham Forum, and the unbuilt Glasgow Cultural Centre.
‘The Modern Concept of a Community Theatre’
Authors: Fair Alistair
Published: April 2018

This chapter considers the often-expressed idea that Britain’s post-war theatres might become social centres. It begins by discussing the social centre in broad terms before continuing with a close examination of university theatres, in which social ideals were often especially significant. It concludes with the work of the prominent theatre architect Roderick Ham, focusing in particular on the Thorndike Theatre, Leatherhead. These examples together suggest that the idea of the social centre could be interpreted in two distinct but potentially interrelated ways. First, the term referred to a place in which individuals would socialize. At the same time, the social centre could also be related in a more abstract way to ideas about society itself. In effect, theatres could be understood as a kind of secular meeting place, at least for those who actively chose to meet there.
Ecclesiastical Law
Authors: Hill QC Mark
Published: April 2018

This fourth edition has been revised and updated to take account of significant changes in the substantive law, specifically: the effects of the Ecclesiastical Jurisdiction and Care of Churches Measure 2017; the overhaul of the procedure in the Consistory Court in consequence of the Faculty Jurisdiction Rules 2015; substantial repeals in the Statute Law (Repeals) Measure 2017 and the new procedure under the Legislative Reform Measure 2017; the effect of the House of Bishops' Declaration on the Ministry of Bishops and Priests concerning provision for traditionalists; and the role of the Independent Reviewer under the Priests (Resolution of Disputes Procedure) Regulations 2014. The book offers commentary, analysis, and various materials. Materials include: the Canons of the Church of England, together with the Measures and Rules (updated to 2018) regulating the faculty jurisdiction and clergy discipline.
Clergy Discipline
Authors: Hill QC Mark
Published: April 2018

This chapter examines the process of clergy discipline in the Church of England. It first considers the institutions and personnel responsible for implementing church discipline against priests or deacons, including the Clergy Discipline Commission, the president and registrar of tribunals, provincial panels, and disciplinary tribunals. It then discusses the issue of jurisdiction when it comes to hearing and determining disciplinary proceedings against a priest or deacon, the concept of misconduct, and time limits of disciplinary proceedings. It also explains the procedure to be followed in the case of complaints against priests and deacons, the suspension process, the conduct of disciplinary tribunals, penalties, proceedings in secular courts, appeals, costs and legal aid, and the archbishops' list of all clerks in Holy Orders. The chapter concludes with an overview of clergy offences involving ritual or ceremonial doctrine.
Faculty Jurisdiction
Authors: Hill QC Mark
Published: April 2018

This chapter examines the faculty jurisdiction of the Church of England. A faculty refers to a permissive right to alter a church building, its contents, or its immediate surroundings. Undertaking such works in the absence of a faculty is unlawful. The chapter first considers matters that do not require a faculty before discussing the ecclesiastical exemption for particular church buildings or particular categories of building. It then looks at the roles of the Diocesan Advisory Committee, national amenity societies, and the Church Buildings Council in faculty jurisdiction. It also explains issues relating to the grant of a faculty, including objections, unopposed petitions, opposed proceedings, hearings, appeals, and legal costs. The chapter concludes with an overview of particular cases covered by the faculty jurisdiction such as those involving altars, churchyards, demolition, disposal of church treasures, graves, libraries, and pews.
Rules
Authors: Hill QC Mark
Published: April 2018

This section presents three rules regulating the faculty jurisdiction and clergy discipline of the Church of England: the Clergy Discipline Rules 2005, the Clergy Discipline (Appeal) Rules 2005, and the Faculty Jurisdiction Rules 2015. It begins with a discussion of the Clergy Discipline Rules 2005, focusing on the overriding objective of the rules and their application as well as the institution of proceedings against priests or deacons, preliminary scrutiny of the complaint, referring the complaints to the disciplinary tribunals, evidence that can be used at hearings, the list that shall be in the custody of the Archbishop of Canterbury, application of rules to special cases, and removal of prohibition for life and deposition relating to priests and deacons. Also discussed are the relevant provisions of the Clergy Discipline (Appeal) Rules 2005 and the Faculty Jurisdiction Rules 2015.
After Supra montem
Authors: More Alison
Published: April 2018

In the late thirteenth century and first half of the fourteenth century, Churchmen and Church councils repeatedly endeavoured to impose order on the ecclesiastical landscape. Their actions towards groups of non-monastic women are of particular importance to this study. Instead of actively creating a rubric under which ‘semi’—or ‘quasi’—religious (such as tertiaries and beguines) could be given an official canonical existence, men responsible for the spiritual care (cura) of such women attempted to connect them more closely to traditional religious orders. The newly approved ‘Franciscan’ tertiary rule of 1289, combined with the traditional Franciscan association with popular devotion, made an association with this order ideal for the newly created ‘tertiaries’. This chapter examines the creation and spread of the so-called Franciscan tertiary order.
Independence as Constitutive End
Authors: Kosch Michelle
Published: April 2018

Chapter 5 presents in a more formal way a set of arguments from widely accepted premises to Fichte’s normative conclusions. The premises are examined and their assumptions articulated. It establishes that those already committed to a Kantian account of duties of right can offer no grounds for rejecting Fichte’s account of a constitutive end of independence of nature; and that Kant’s argument for the claim that material ethical principles are incompatible with autonomy cannot be directed against Fichte’s view. It also addresses several objections, stemming from critics of technology and of enlightenment, and appealing to the value of certain experiences involving loss of control.
Conclusion
Authors: Kosch Michelle
Published: April 2018

Chapter 6 adds a few concluding remarks.
Universal Concepts and Particular Processes
Authors: Williams Donald C.
Published: April 2018

This chapter is a continuing discussion on the topic of the ontology of universals, but with special focus on process and change in reality. The traditional problem of change is posed in terms of how the constant flux of the physical world can be grasped in clear, static, and intelligible ways. The theory of universals that was sketched in Chapter 3 is taken up and elaborated. It is argued that the problem of change and an explanation for how the flux can be grasped using universal concepts can be had by a trope-theoretic account of universals. The legitimacy of the intellect and of universal concepts can thereby be upheld without positing a Platonic realm of objects.