bluuebunny/crossref_metadata_2025 huggingface dataset:
The Law of Rescission
Authors: O'Sullivan KC Dominic , Elliott KC Steven , Zakrzewski Rafal
Published: August 2024

This book, the leading work in the field, is an extensive analysis of the law concerning the rescission of contracts and gifts in England and Wales, and also contains detailed reference to the law of other parts of the Commonwealth including Australia, New Zealand, Canada, British Virgin Islands, Cayman Islands, Isle of Man, Singapore, Hong Kong, Malaysia, and India. The revised third edition builds on the established format, fully updating case law and considering how developments, such as the introduction of machine-generated contracts, impacts on the law. The book also incorporates new legislation, such as The Insurance Act 2015. Rescission is frequently sought in commercial, property, and insurance disputes, making this book an essential reference for all lawyers involved in civil litigation, as well as for civil judges. Academics will also find this book of interest when researching contracts, remedies, or restitution.
Intervention of Third Party Rights
Authors: O’Sullivan Dominic
Published: August 2024

This chapter examines the intervention and protection provided by third-party rights. It explains how rescission will not be barred if relief will be made in a way that does not affect the rights of innocent third parties. One of the main bars to rescission is the intervention of third-party rights, but only a few cases have invoked the bar successfully. The third-party rights bar corresponds to a small collection of cases decided by the common law courts involving the sales of goods produced by the purchaser’s fraud. A bar becomes unnecessary to the protection of the rights of innocent purchasers and recognizing it would only provide fraudulent purchasers protection.
The Legal Hurdle of Causation:
Authors: Lianos Ioannis , Davis Peter , Nebbia Paolisa
Published: August 2024

This chapter examines the different approaches taken by the legal systems of EU Member States to the description and methods of analysis of causation in their tort law. The different descriptions and methods of analysis of legal causation that have emerged in theory and practice are thoroughly examined. The chapter also explores how some key EU jurisdictions have dealt so far with the issue of causation, focusing initially on general tort law and subsequently providing illustrations from competition law cases.
The Applicable Law in the Absence of Choice
Authors: McParland Michael
Published: August 2024

This chapter explains Article 4 of the Rome I Regulation. If the parties to a cross-border contract have not exercised their right to choose the law that governs their contract, then a ‘choice’ of law has to be made for them. Article 4 attempts to provide rules that, for most contracts, are intended to enable this selection to be made on a uniformly predictable basis. Because of its role, Article 4 has been described as ‘the most important provision in the whole Regulation’.
Insurance and Reinsurance Contracts
Authors: McParland Michael
Published: August 2024

This chapter explains Article 7 of the Rome I Regulation, which contains ‘special rules on insurance contracts’. These rules are of great importance for the European insurance industry, the world's largest with a 33% share of the global market. Article 7 can only be properly understood against the background of the prior conflict rules that will continue to apply to insurance contracts concluded before 17 December 2009 and will still influence the operation of Article 7 in several key respects. The background and legislative development of Article 7 are discussed.
Introduction
Authors: Fawcett James J , Shúilleabháin Máire Ní , Shah Sangeeta
Published: August 2024

This introductory chapter provides an overview of the central themes of the book as well as its scope and structure. This book examines the impact of human rights law on private international law and vice versa, with a focus on private international law cases and instruments. Given that it remains unclear whether private international law is compatible with human rights law, the starting point of the analysis is that no human rights instrument has provisions on private international law. Moreover, most international human rights bodies, such as the European Court of Human Rights (ECtHR), are not empowered to interpret private international law rules any more than any other substantive rules of law.
The Prohibition of Discrimination and Private International Law
Authors: Fawcett James J , Shúilleabháin Máire Ní , Shah Sangeeta
Published: August 2024

This chapter discusses the prohibition of discrimination and its impact on jurisdiction and recognition and enforcement of foreign judgments in private international law. One area where discrimination concerns have arisen is that of family law. There is potential for private international law rules in relation to international marriages and the recognition of a foreign status to be impacted by the prohibition of discrimination based on gender. Moreover, the recognition of polygamous marriages and extra-judicial divorces also raises issues in relation to the prohibition of discrimination based on religion. However, these rules have also been impacted by other rights, particularly by the right to respect for private life and family life.
Other Horizontal Agreements
Authors: Valdés Burgui Ángel , Faura Enriquez Pablo
Published: August 2024

The chapter, written by Ángel Valdés Burgui and Pablo Faura Enriquez (Lupicinio, Spain), analyses specific categories of horizontal cooperation agreements between competitors, namely joint purchasing agreements, commercialization agreements, and standardization agreements, including standard terms. The chapter first discusses the qualification of an agreement as a joint purchasing agreement, commercialization agreement, or standardization agreement in the sense of the so-called Horizontal Guidelines of the European Commission. It then turns to the conditions under which such agreements may be deemed to restrict competition in the sense of Article 101(1) TFEU. For those agreements that do, the chapter analyses the Horizontal Guidelines to identify those factors that determine the possibility of an individual exemption under Article 101(3) TFEU.
The Market Investigations Regime
Authors: Farrell Lesley
Published: August 2024

This chapter analyses the changes to the market investigations regime made under the Enterprise and Regulatory Reform Act 2013 (ERRA). It outlines the criticisms highlighted in the Government’s consultation on the options for reform, such as the length of time taken to complete market studies and investigations and the degree of duplication as a result of a two-stage process conducted separately by the Office of Fair Trading and the Competition Commission. The chapter then describes the changes to the regime, including wider information-gathering powers of the newly created Competition and Markets Authority (CMA), an enhanced ‘concurrency’ regime and the reduced statutory time limits for market studies and investigations. Finally, it comments on the concerns relating to confirmation bias and the expected impact of the reforms.
Individual Criminal Liability— The Cartel Offence
Authors: Owen Tim , Watkins Aaron , Buckley Joanna
Published: August 2024

This chapter analyses the changes to the criminal cartel offence brought about by the Enterprise and Regulatory Reform Act (ERRA) in order to improve the track record of criminal prosecutions as a means of deterring hard-core cartels. The chapter provides both an overview of individual liability under the cartel offence and a critique of the recent legislative amendments, notably the removal of the ‘dishonesty’ element of the offence and the addition of specific (and controversial) statutory exclusions and defences. The chapter also discusses briefly the investigatory powers of the CMA and the availability of no-action letters in light of the recent guidance published by the CMA.
Concurrent Enforcement of Competition Law
Authors: Nazzini Renato
Published: August 2024

This introductory chapter discusses the problems and complexities underlying the concurrent enforcement of competition law. In addition, it provides a brief overview of the historical development of the concurrent enforcement of competition law, which will serve as a foundation for later chapters. The concurrent enforcement of competition law is after all a reality that pervades any aspect of competition procedure. Furthermore, the different types of sanctions and remedies in the sphere of competition law generate problems of concurrent proceedings. The term ‘proceedings’ herein is used to denote any activity carried out by a person with the aim of obtaining a criminal or administrative sanction or a civil law remedy in competition law matters.
Disclosure and Admissibility of Evidence
Authors: Nazzini Renato
Published: August 2024

This chapter defines the limitations on disclosure and admissibility of evidence obtained or generated in one set of proceedings in another set of proceedings. Evidence obtained by the Commission in the course of an investigation may be relevant for the purposes of further administrative proceedings by the Commission or by national competition authorities, including the CMA. Hence, the chapter deals with the use of information obtained by the Commission for the purposes of other administrative proceedings by the Commission or an NCA, as well as the use of information by the CMA for the purposes of further administrative proceedings by the CMA itself. The chapter then looks at the use of information in proceedings relating to the cartel offence under section 188 of the Enterprise Act 2002. Finally, the chapter addresses the problems relating to use of information obtained by the Commission in litigation in national courts.
Liberalization and Regulation
Authors: Blanco Luis Ortiz , Rodríguez Elvira Aliende , Vandenbussche Julie
Published: August 2024

Throughout history, shipping has been a key stepping-stone to economic growth and prosperity in Europe. The seas and oceans surrounding Europe continue to represent a great potential for the European economy. European companies control over 40 per cent of the world’s fleet. Member States together manage more than 1,200 commercial ports, more than 8,100 flagged vessels, and 4,300 registered maritime companies. More than 400 million passengers pass through European port each year. Shipping presents many specific features because of its international characteristics and long tradition. The development of an EU regulatory framework was a lengthy and elaborate process. This chapter describes the history of EU involvement in this subsector and the gradual introduction of EU principles on competition and freedoms of establishment and service provision. Specific regulation developed a comprehensive system of safety and security measures that dealt with social issues in the industry and articulated an approach to international relations.
Effects of cyclophosphamide administration on ovarian dysfunction in pediatric patients with connective tissue diseases: A systematic scoping review
Authors: Sada Ken-ei , Miyamae Takako , Kaneko Kayoko , Isojima Sakiko , Ichinose Kunihiro , Matsushita Masakazu , Oku Kenji , Iwata Yasunori , Fujio Keishi , Murashima Atsuko , Tanaka Yoshiya , Nakajima Ayako
Published: August 2024

Objective

This systematic scoping review assess the effect of cyclophosphamide (CY) administration during childhood on ovarian function in patients with juvenile-onset connective tissue diseases.

Methods

A MEDLINE database search was conducted using terms related to CY, juvenile-onset connective tissue diseases, and ovarian function. Studies were included if they met specific criteria.

Results

The search, conducted on 28 November 2023, yielded 3328 references. After a two-stage screening process, six observational studies on systemic lupus erythematosus patients were included. All studies had a high risk of confounding bias, as none adjusted for confounding variables. Two studies assessing clinical ovarian dysfunction found no clear difference between CY and non-CY groups. However, statistical differences were observed in hormonal profiles. Decreased ovarian reserve was more frequent in CY-exposed patients. Two studies showed significantly higher follicle-stimulating hormone (FSH) levels in the CY group, while one showed a trend towards higher FSH levels without statistical significance.

Conclusion

This review suggested that CY use in childhood may not conclusively have clinically significant effects on ovarian function. Further investigation needed on CY’s effect on hormonal levels, fertility, and pregnancy outcomes.
Epidemiology and Clinical Characteristics of Ocular Tuberculosis in the United States, 1993–2019
Authors: Filardo Thomas D , Andrzejewski Aryn , Croix Michael , Self Julie L , Fraimow Henry S , Munsiff Sonal S
Published: August 2024

Background

Data regarding ocular tuberculosis (OTB) in the United States have not been previously reported. We evaluated trends of OTB compared with other extrapulmonary TB (EPTB).

Methods

We estimated the proportion of all EPTB cases (with or without concurrent pulmonary involvement) with OTB reported to the National Tuberculosis Surveillance System during 1993–2019. We compared demographics and clinical characteristics of people with OTB and other EPTB during 2010–2019. P values were calculated by chi-square test for categorical variables and Kruskal-Wallis for continuous variables.

Results

During 1993–2019, 1766 OTB cases were reported, representing 1.6% of 109 834 all EPTB cases: 200 (0.5% of 37 167) during 1993–1999, 395 (1.0% of 41 715) during 2000–2009, and 1171 (3.8% of 30 952) during 2010–2019. In contrast to persons with other EPTB, persons with OTB were older (median, 48 vs 44 years; P < .01), more likely to be US-born (35% vs 28%; P < .01), more likely to have diabetes (17% vs 13%; P < .01), and less likely to have HIV (1% vs 8%; P < .01). OTB was less likely to be laboratory confirmed (5% vs 75%; P < .01), but patients were more likely to be tested by interferon gamma release assay (IGRA; 84% vs 56%; P < .01) and to be IGRA positive (96% vs 80%; P < .01).

Conclusions

Reported OTB increased during 1993–2019 despite decreasing TB, including EPTB; the largest increase occurred during 2010–2019. OTB was rarely laboratory confirmed and was primarily diagnosed in conjunction with IGRA results. More research is needed to understand the epidemiology of OTB to inform clinical and diagnostic practices.
Childhood Deafness in Sub-Saharan Africa
Authors: Fobi Daniel , Asomaning Derrick
Published: August 2024

This chapter examines the medical and social implications of early childhood deafness in sub-Saharan African (SSA). We provide an overview of the available statistics on childhood deafness within this context. These data derive mainly from a medical and health perspective and whilst our use of medical terminology in this chapter aligns with these sources where appropriate it does not reflect our social-cultural stance. We outline the early care and education challenges that result from limited resources and an impoverished identification and intervention infrastructure in the context of SSA. We describe the consequential social and educational exclusion experienced by deaf children and their caregivers in this context in various aspects of life including education, health, and religion.
Researching Childhood Deafness and Early Support
Authors: Swanwick Ruth , Fobi Joyce
Published: August 2024

This chapter introduces and provides a framework for the case study research described in subsequent chapters. The authors review ethical issues associated with early childhood research and interventions across cultures that are discussed in the comparative and international research. Implications for research into the early childhood and care of deaf children are discussed. The authors explain their use of Bronfenbrenner’s bioecological model as a theoretical framework that provides opportunities to address these ethical concerns. The aims of the empirical project work undertaken in Ghana are introduced and a rationale is given for the use of the bioecological model in conjunction with social theory to inform the methodological approach. Throughout the chapter the authors draw on individual reflections among project team members to provide contextual examples of ethical dilemmas and how they were approached in project design, execution, and working practices.
The Experiences of Caregivers of Deaf Children
Authors: Swanwick Ruth , Appau Obed
Published: August 2024

This chapter is the first of the case study section of the book that draws on the research project findings to examine different aspects of deaf ECCE in Ghana including the experiences of caregivers, the language and communication development context, the role of professionals, and deaf intervention and leadership. In this chapter the authors focus on what was learned from the project work about caregivers’ lives, their experiences of raising their deaf children and planning for their education. The outcomes of interviews with education and health practitioners, and deaf leaders are discussed in later chapters. The project goals are briefly reviewed and the methodological approach and challenges experienced researching in this context are described. The authors introduce the 12 families who participated in the study. They outline the different family structures, and describe caregivers’ experiences of having a deaf child, and of the early care and support provision and opportunities. Additionally, as for other sections of the book, deaf members of the project and writing team have made personal contributions about their lives and experiences as young deaf children. The authors reflect on what can be learned from this specific context about the experiences of caregivers of deaf children in other African and global South contexts where there are similar resource, infrastructure, and inclusivity challenges.
Old Pattern with New Heroes
Authors: Turek Aleksandra
Published: August 2024

The purpose of this chapter is to demonstrate that in addition to literary values, Rajasthani commemorative poems known as Ḍiṅgaḷ gīt can also be considered as a form of commentary on contemporary events and thus provide an alternative perspective on history. This specific perception of history from the Rajasthani perspective will be illustrated with the example of a contextualized analysis of some Ḍiṅgaḷ gīt from the beginning of the nineteenth century. In that period, new heroes were introduced in Rajasthani poetry as a result of contact with Europeans. Although the structure of the nineteenth-century Ḍiṅgaḷ gīt was still firmly embedded in tradition its message was related to the political and colonial reality of the early modern era.
Bilvamaṅgala in Bengal
Authors: Chakrabarti Ishan
Published: August 2024

This chapter deals with the fourteenth-century Kr̥ṣṇakarṇāmṛta (‘Ambrosia for Krishna’s Ears’)—an anthology of Sanskrit verses by Līlāśuka Bilvamaṅgala—and the history of its interpretation in sixteenth and seventeenth century Bengal, where the early Gauḍīya Vaishnavas commented on the work by constructing a biographical narrative about its author and then embedding their verse-by-verse commentary into that narrative. The text’s journey in Bengal began around 1510 when Caitanya first encountered the work while on pilgrimage in the Deccan. Toward the end of the sixteenth century Kr̥ṣṇadāsa Kavirāja produced a Sanskrit commentary on the text; Yadunandana Dāsa then expanded and translated both Kavirāja’s commentary and Bilvamaṅgala’s poems into Bangla. Both commentaries share the same biographical form. I argue that the early Gauḍīya turn to biographical criticism was motivated by the Kr̥ṣṇakarṇāmṛta’s unusual use of language and its concern with the aporia of Krishna’s ultimate inexpressibility.
Hacking Hybrid Media
Authors: Barnard Stephen R.
Published: August 2024

The contemporary public sphere is rife with problematic information, but on what terms are manipulators able to garner attention in the hybrid media system? Focusing on the messaging strategies employed by Donald Trump and his most vocal online supporters, Hacking Hybrid Media provides a theoretically oriented and empirically grounded analysis of the ways today’s media afford deceptive political communication. From the structures of social media platforms to the practices of political actors, the book offers a critical appraisal of media power and the capital required to wield it. Bringing the study of propaganda and media manipulation in conversation with literatures on media power and practice, this book examines how networked media capital is changing the fields of politics and journalism. By analyzing events like the January 6, 2021, attack on the U.S. Capitol, the White House’s first “social media summit,” and the media frenzy following CNN reporter Jim Acosta’s alleged assault of an intern, the book shows how members of Trump’s “digital army” use Facebook groups, Reddit forums, Twitter hashtags, YouTube channels, mass media, and more to shape the flow of disinformation in American media.
Power and Problematic Information in an Era of Hybrid Media
Authors: Barnard Stephen R.
Published: August 2024

This chapter offers an overview of media’s role in relations of power, arguing that this endeavor requires consideration of social, political, journalistic, and technological structures as well as how those structures inform media-related capital and practices. The chapter begins with an introduction to hybrid media and to other relevant theories of media and power. It then makes the case for studying media practice before situating such practice against a backdrop of social and technological affordances. Next, the chapter reviews literature on media-related forms of capital and sketches a path toward theoretical advancement through the development of new conceptual tools. It considers what is known about propaganda and media manipulation as well as what areas of study remain underdeveloped. Finally, the chapter presents a typology of manipulative media practices before concluding with a discussion of how the lessons learned in this chapter shape the book’s focus going forward.
What Are Platforms For? Profit, Persuasion, and (Dis)Information
Authors: Barnard Stephen R.
Published: August 2024

This chapter situates contests for media power in a broader political, economic, and technological context. After reviewing the tense political environment within which social media companies operate, the chapter delves deeper into the platforms’ common business model and explores how the logic of surveillance capitalism shapes the flow of information (and power). Following a critical review of the politics of moderation leading up to Donald Trump’s involuntary departure from social media, the chapter further illustrates the growing significance of social media within the hybrid media system and considers how such developments enabled practitioners to advance new repertoires of manipulation. Next, the chapter offers a detailed assessment of how and why platform structures afford manipulative practices. It concludes with some reflections on how these insights bear upon the remainder of the book.
The First Tale
Authors: Bitel Lisa M.
Published: August 2024

This is the oldest existing story about love and the Irish Otherworld. It was probably written around 700 ce, although the action took place five centuries earlier, when King Conn of the Hundred Battles reigned over pagan Ériu. Or so said the medieval scholars. By 700, most Irish called themselves Christians. The hero, Connlae, has little to say. Most of the dialogue is among his father, Conn, the druid Coran, and a mysterious nameless beauty chants poetry to the bemused Connlae. The purpose of the Otherworldly beauty in this story seems clear, but her identity less so, for she remains unseen to all but Connlae. Is she illusion or reality? Metaphor or history? The question plagues many tales about the Otherworld. This brief tale is not as straightforward as it might at first seem. It has too many puns and double meanings to be simple.
DREAMers and the Choreography of Protest
Authors: Young Michael P.
Published: August 2024

This book provides a historical sociology of how undocumented youth shaped and radicalized the migrant rights movement in the United States. Drawing on interviews with leading undocumented activists, extensive archival research, and an ethnographic analysis of their protests, the book tracks the key events from 2006 to 2014 shaping DREAMer activism. This analysis advances a cultural theory of the dynamics of social movements. It demonstrates how struggles between activists over the meaning and character of a social movement shape that very movement and its challenge to society. The book argues that activists interpret what a movement is through the form, force, pace, and sequence of their protests. Their choreography of protest gives shape to the movement they imagine and manifest. And this choreography, in turn, is shaped by their interpretive struggles with rival activists and competing reifications of the movement.
Introduction
Authors: Young Michael P.
Published: August 2024

This introductory chapter provides a theoretical analysis of what social movements are and how the choreography of protest shapes them. Sociologists warn against reifying social movements. Charles Tilly and Alberto Melucci agreed that movements are not unitary actors or things, but reticulated concatenations of collective actions. But reifying movements proves irresistible, and as Francesca Polletta’s narrative theory of protest illuminates, often indispensable for the activists who make social movements. This chapter explains how interpretive and interactive conflicts amongst activists over the reification of a social movement gives form to social protests, and in turn, to the very movement they are fighting for and over. It argues that this cultural approach to the study of social movements can help explain how undocumented youth unleashed an escalating sequence of protests that shaped the movement for (im)migrant rights in the United States.
2011
Authors: Young Michael P.
Published: August 2024

Chapter 6 follows the establishment of the National Immigrant Youth Alliance in early 2011 and its first year of escalating actions. It explains how this choreography of protest was inspired by NIYA’s critical rejection of the reified immigration reform movement and the obedient role of the fetishized “good” DREAMer within it. NIYA organized undocumented youth who had never had a chance to go to college and were living in regions neglected by United We Dream. The members of the new alliance called themselves “bad DREAMers.” The chapter explains the genesis of NIYA’s strategy of using the arrests of DREAMers in social protests as object lessons to show undocumented communities that coming out of the shadows led to empowerment and greater security. This protest strategy hinged on undocumented youth exploiting the image of the reified DREAMer and risky acts of self-instrumentalization.
The Making of European Music in the Long Eighteenth Century
Authors: Irving D. R. M.
Published: August 2024

Musical representations of Europe, in myth and allegory, are well known. However, the concept of a pan-continental music in the thought of Europeans emerged only during the long eighteenth century. From the 1670s, Jesuit missionaries in China began to refer to “European music,” and for the next hundred years, the term appeared exclusively in comparison with musics in other parts of the world. It entered common use only from the 1770s, and in the 1830s, it became synonymous with a new concept of “Western music.” Western European writers also connected these terms to concepts of “progress” and “modernity.” Meanwhile, new ideas about Europe’s cultural relationship with classical antiquity, together with theories that systematically and condescendingly racialized people from other continents, influenced the ways these scholars wrote about musical pasts around the world. This book traces the emergence of such large-scale categories in western European thought. The author suggests that “European music” originates from self-fashioning in contexts of intercultural comparison outside the continent, rather than from the resolution of aesthetic disputes within it. He shows that “Western music” as understood today arose in line with the growth of orientalism and notions of musics of “the East.” These reductive terms often imply homogeneity and essentialism, and the author asks what a reassessment of their beginnings can mean for music history. This book shows how a renewed critique of primary sources can help dismantle historiographical constructs that arose within narratives of musical pasts involving Europe.
Introduction
Authors: Irving D. R. M.
Published: August 2024

The historiography of music frequently employs large-scale adjectives relating to continents, hemispheres, and the planet as a whole. If used without qualification, however, labels that combine one of these adjectives with the noun “music” risk implying a sense of cultural homogeneity. Continental labels for music emerged in the long eighteenth century, and their meanings have changed over time; uncritical use of them can risk being anachronistic. A reflexive approach that considers labels relativistically can mitigate such risks, as can critiques of how primary sources used these terms. Recent scholarship has examined diverse aspects of European identity in detailed ways but a lacuna remains in regard to this terminology’s emergence in primary source materials. The first step in examining the transformation of “European music” and “Western music” in European-language historiography is to study examples from the long eighteenth century while taking into account the researcher’s cultural and political positionality.
Musical Constructions of Europe in Myth and Allegory
Authors: Irving D. R. M.
Published: August 2024

The naming of the continent of Europe can be traced back to stories in Greek and Roman mythology: the abduction and rape of the Phoenician princess Europa by Zeus/Jupiter. This legend became the basis of numerous works of music and music drama in the seventeenth and eighteenth centuries, in genres including intermedio, opera, cantata, masque, and ballet. As a continent, Europe was also allegorized by artists. The most frequent system of iconographic representation involved the depictions of Europe, Asia, Africa, and the Americas as four women but with Europe as the foremost figure and accompanied by musical symbols. Embodied personifications of the continents sang and danced in diverse performances, both secular and sacred. Individual nations of Europe were characterized in similar ways by composers and musicians. However, it is striking to note that the name of the continent appears rarely in titles of works that contain collections of such representations.
“Modern” Europe and “Ancient” Others in Musical Thought
Authors: Irving D. R. M.
Published: August 2024

European writers from the sixteenth through eighteenth centuries discussed notions of musical modernity in terms of discontinuity with ancient traditions of their forebears, while still claiming the heritage of classical civilizations (especially those contemporaneously under Ottoman rule) through a dialectical process that absorbed and reformulated ancient ideas within their aesthetic thought and musical practice. In contexts of intercultural comparison, they frequently conflated “ancients” with cultural “others” and positioned themselves as the exclusive possessors of musical modernity. Tropes of Europeans’ purported cultural superiority over the musical practices of others emerged in the use of descriptive terms related to “barbarian.” Such words were used to refer to the musical practices of classical cultures and contemporaneous others, as well as musical practices within Europe that did not match the normative standards imagined by commentators. Tropes of “perfection” and “progress” emerged in eighteenth-century descriptions of idealized practice and theory of the musics of Europe.
Recognizing and Avoiding Fakes
Authors: Keating Malcolm
Published: August 2024

This chapter focuses on the many ways that inferential reasoning can go wrong. It introduces the concept of a counterfeit inference, one that doesn’t count as an inference due to some problem or other. By distinguishing between genuine reasons and counterfeit reasons, such as those where the reason property deviates from the target property, Nyāya philosophers explained why some instances of apparent inference fail to bring about knowledge. Contradictory reasons, inconclusive reasons, unproven reasons, and defeated reasons are some of the kinds of faulty counterfeit “reasons” that the chapter addresses. The chapter concludes with an exploration of how certification functions in inference.
Trustworthy Expert or Quack?
Authors: Keating Malcolm
Published: August 2024

Testimony is another way of knowing, in addition to perception and inference, that is important for Nyāya philosophers and especially so for discussions of controversial matters. While we need not know that a person telling us a truth is a trustworthy authority, their being one is a condition for some statement to count as testimony. The chapter focuses on how to certify putatively testimonial knowledge, which involves considering how language conveys meaning and what the responsibilities are of speakers and hearers. There is also discussion of the relationship between inference and testimony, which has bearing on how we certify what we know. This chapter discusses Vācaspati Miśra’s views on testimony along with early Nyāya thinkers, Vātsyāyana and Uddyotakara.
Conceptualizing the Comparative Development of Co-operative Enterprise
Authors: Spicer Jason S.
Published: August 2024

This chapter reviews existing relevant research on co-operatives, including the ways in which American co-operatives today are comparatively constrained by a weak policy and business operating environment, which leaves them caught in a “vicious cycle” rather than a “virtuous circle” of institutional development. It then builds on emergent research which suggests field theory offers a more flexible, generalizable approach to understanding institutional emergence and evolution than historical institutionalism (HI). It also introduces a thesaurus to translate across HI and field theory for use in the comparative cases analyzed in subsequent chapters. The methods being deployed in this book are also reviewed.
American Cooperation in the 19th Century
Authors: Spicer Jason S.
Published: August 2024

Chapter 6 traces the origins of the American co-operative movement. In its initial phase of development, co-operatives took root via the communitarian movement everywhere but the American South, where slavery kept co-operatives’ most-likely participants from creating such formal enterprises and inhibited White participation. The chapter also examines how the postbellum remnants of slavery, via Jim Crow institutional arrangements, interacted with an emergent anti–“wage slavery” framing of co-operatives by labor republicanists to produce exceptional resistance to the model, undermining the solidarity-based mechanisms co-operatives utilize to diffuse and scale. This was particularly the case in the South, where violence contributed to the downfall of the U.S. co-operative movement’s postbellum political champion, the Knights of Labor. In the wake of its demise, the U.S. co-operative movement splintered by race and industry. By the late 19th century, the United States lacked a comprehensive national co-operative development policy framework.
Geneva's Use of Lies, Deceit, and Subterfuge, 1536-1563
Authors: Balserak Jon
Published: August 2024

This study presents a new reading of the battle that raged between the Genevan ministers and the French government between ca. 1536 and 1563. The first portion of the work produces a critical assessment of scholarship. The second turns to an analysis of Calvin’s plans for France. It argues that Calvin, after fleeing France in 1534, began devising plans to establish Christ’s kingdom in his homeland, rescuing it from the “idolatrous” Catholicism imposed on the people by their monarchs. It shows his plans entailed the systematic use of lying and deception, which were necessary to evade detection from the French authorities. These mendacious means were employed by the Genevans to hide their support of the French Reformed congregations, conceal political maneuvering among the French nobility who could open France to reform, and cloak their assisting of the Huguenots during the first French civil war. The book argues that even the formation of the company of pastors and the Bourse française were, in part, designed to assist Calvin with his proselytizing goals. The last third of the volume examines the ways in which Calvin adapted Geneva’s missionary efforts to deal with three unexpected circumstances that arose between 1559 and 1563: the rise to the throne of Francis II, the assuming of the regency government by Catherine de Medici, and the beginning of war. Calvin’s call to the Huguenots to cease fighting and humble themselves before God following Louis of Condé’s disastrous signing of the 1563 Peace of Amboise brilliantly illustrates the complex godliness that characterized this entire operation.
Catherine’s Policy of Toleration
Authors: Balserak Jon
Published: August 2024

This chapter examines the response of Calvin, Beza, and their colleagues to the assuming of the regency government by Catherine de Medici in late 1560 or early 1561 following the death of Francis II. The chapter argues that Catherine’s reign catches Calvin and the Genevans by surprise. Catherine’s policy of toleration resulted in advantageous outcomes; in particular, the Genevans were able to grow French Reformed churches more rapidly than ever before. It also, however, aroused the anger of international Catholic powers like Spain and Italy, which caused France to descend into war even more rapidly than it had been in the 1550s. This chapter leaves France on the brink of war.
Are You an Apretado or Apretada?
Authors: Sánchez Carlos Alberto
Published: August 2024

In this chapter we consider a character type that is the opposite of the relajiento, what Portilla calls apretados. Apretados take themselves and what they believe or value very seriously. They are excessive personalities who believe themselves to have achieved a certain identity with the values that they uphold. Identified with obnoxious snobs, fanatics, and zealots, apretados are overly committed to what they believe. Unlike relajientos, who suspend seriousness, apretados uphold it. Here we also consider apretados in the context of politics and everyday life and how being an apretado is not conducive to the good life.
Beginner Songwriting Seeds
Authors: Randles Clint
Published: August 2024

This chapter contains example lesson plan seeds for beginner songwriting lessons. It leverages concepts from across the chapters of the book. It centers on the creative practices and processes of professional songwriters, performing musicians, recording musicians, and scholars of songwriting. It provides the reader with resources for further growth and exploration. It leverages the musicianship that can be developed in small student-centered ensembles where the teacher functions like a music producer in the classroom. Lesson seeds include sections on lesson time, modifications for special learners, formal and informal assessment strategies and rubrics, and learning outcomes. The reader is urged to start thinking of ways of developing their own ideas for seeds.
Advanced Songwriting Seeds
Authors: Randles Clint
Published: August 2024

This chapter contains example lesson plan seeds for advanced songwriting lessons. It leverages concepts from across the chapters of the book. It centers on the creative practices and processes of professional songwriters, performing musicians, recording musicians, and scholars of songwriting. It provides the reader with resources for further growth and exploration. It leverages the musicianship that can be developed in small student-centered ensembles where the teacher functions like a music producer in the classroom. Lesson seeds include sections on lesson time, modifications for special learners, formal and informal assessment strategies and rubrics, and learning outcomes. The reader is urged to start thinking of ways of developing their own ideas for seeds.
Does Free Will Mean Random Action?
Authors: Baumeister Roy F.
Published: August 2024

Many scientific arguments suggest that free action would be random action (and then try to explain how that could happen). This mistaken assumption bedevils attempts to understand human action. Culture relies on organization and so does not welcome random behavior. Assuming free will evolved to help humans participate in society with culture, random action would not be good. It would be self-destructive for moral agents, economic agents, and information agents to act randomly. If there is any randomness in behavior, it evolved much earlier, such as to enable animals to foil predators and/or benefit from exploratory learning. Either this early randomness was greatly retrofitted to enable cultural animals to use free will, or it is a separate process that people occasionally resort to when faced with the necessity of making a decision without sufficient information.
Language, Autonomy, and Indigenous Politics in Hueyapan, Morelos
Authors: Pharao Hansen Magnus
Published: August 2024

This chapter describes how one community where Nahuatl is spoken has used its indigenous language and associated identity as leverage in a quest to attain political sovereignty as an independent municipality. Since 1937, the Nahua community of Hueyapan in the state of Morelos has been part of a municipality headed by their neighboring community, Tetela del Volcán, with which Hueyapan has been in a protracted dispute over territory and water resources. But because of the increased political goodwill toward indigenous communities, Hueyapan has been able to successfully lobby for municipal independence. The chapter argues that even if the state imposes a particular kind of Nahua identity, the community has agency in the way it reacts to these impositions. Community organizations exert this agency in the strategic use of indigeneity to obtain political objectives, and in the use of local cultural expressions to strengthen communal cohesion against the state.
Virile Householders and Fertile Wives
Authors: McNicholl Adeana
Published: August 2024

Chapter 4 examines how preta tales construct masculinities and femininities. Preta literature maintains several tensions between Brahmanical gender norms, those of the broader patriarchal householder society, the values of the sangha, and the everyday gendered realities of men and women. Although these tales reinforce many of the gender norms of Brahmanical patriarchy in their construction of the ideal householder as a virile, filial, and generous man and the ideal woman as the virtuous mother-wife, the values and goals of the monastic institution result in a moderation and destabilization of these values. Even as preta literature attempts to relegate gender transgression to the realm of the non-human, the preta world also opens space for transgressive behavior. As such, while the non-human preta may allow Buddhist authors to generate bodily hierarchies, stories about pretas may also create space to resist the very norms they attempt to regulate.
“We sang my son into Heaven”
Authors: Klitzman Robert L.
Published: August 2024

Patients routinely wrestle with questions about what happens after we die, and seek connections to something that transcends the confines of their own life, even if the details are vague and uncertain. Even “non-religious” patients ponder or embrace some notion of an afterlife, which can help psychologically in ways that science does not. Chaplains assist by discussing these topics, and also creating and performing rituals to frame and structure the inevitability of death. Certain anthropologists have argued that contemporary American culture’s bereavement rituals have lost meaning. But in hospitals, chaplains now pick up the slack, fashioning such events on their own. Chaplains can confront challenges, however, when their own views collide with those of patients and families. Chaplains help both at patients’ deaths and afterwards, as families and staff grieve. Families commonly feel isolated in their despair, and hospital staff, too, often mourn and feel fatigue and guilt.
When doctors cry
Authors: Klitzman Robert L.
Published: August 2024

In confronting death and mounting bureaucratic demands daily, medical staff, especially physicians and nurses, can get burned out. Like chaplains, they commonly struggle to maintain “detached concern”—to remain both concerned about patients and at a professional distance. Heightened awareness of larger existential and spiritual concerns can potentially aid these clinicians, yet many of them remain wary. Chaplains can assist, for instance, with moral conflicts—understanding and framing medical providers’ distress, and helping to process wrenching clinical cases. To guide and structure troubling experiences involving patient deaths, chaplains also create innovative rituals that vary in both form and content—from moments of silence and memorial services to devising rituals and mementos that allow for doctors’ and nurses’ expressions of grief and distress and reflections on emotional and existential, not just medical issues. Many administrators and others resist, minimize, or dismiss needs for these undertakings, yet such rituals often help and serve as models for other institutions, chaplains, and providers.
Contemporary Context
Authors: Bassiouni Mahmoud
Published: August 2024

Part I (chapters 1–3) examines three contexts that significantly shape the modern discussion on Islam and human rights. First, it discusses the contemporary context in which Muslims articulate their views on human rights. Second, it considers the historical context of the current debate and traces it back to the late nineteenth century. Third, it discusses the theological context of the debate and analyzes the different conceptions of Islamic law that emerge within it.
Conclusion
Authors: Wang Frances Yaping
Published: August 2024

The conclusion serves as a reflective platform, delving into the theoretical underpinnings and policy ramifications elucidated throughout the study. It contemplates potential pathways for further research, exploring uncharted territories ripe for scholarly inquiry. Additionally, it casts a discerning eye towards the future, envisioning emerging trends in authoritarian foreign policy propaganda. By synthesizing key findings and extrapolating their broader significance, this chapter encapsulates the essence of the study, offering valuable insights for both academic discourse and practical policymaking endeavors. Through its comprehensive analysis and forward-thinking perspective, it contributes to the ongoing dialogue surrounding authoritarian regimes' strategies in the realm of international relations.
Adolf Hitler
Authors: Mandelbaum Michael
Published: August 2024

Adolf Hitler became the supreme leader of Germany and used his power to start World War II, the most destructive war in European history, one that Germany eventually lost. He led the Nazi Party that came to power legally in 1933, with Hitler named German chancellor following a national election. He proceeded to crush all opposition and assumed complete control upon President von Hindenburg’s death shortly thereafter. This paved the way for him to conduct an aggressive foreign policy that led, in 1939, to the outbreak of World War II. His policy of anti-Semitism led to the murder of 6 million of Europe’s Jews during the war. While Germany was at first militarily successful, its fortunes changed when Hitler decided to invade the Soviet Union in June 1941 and declared war against the United States in December of the same year. In bitter, destructive fighting, the alliance of the United States, the Soviet Union, and Great Britain ultimately defeated and occupied Germany in 1945. Just before the war’s end, Hitler committed suicide.