bluuebunny/crossref_metadata_2025 huggingface dataset:
Introduction
Authors: Kirichenko Alexander
Published: September 2022

Serving as a transition between Parts II and III, this Introduction offers a brief discussion of Callimachus’ Hecale as an instance of replacing the enduring cultural appeal of classical Athens with a radically new system of cultural coordinates associated with Ptolemaic Alexandria.
Theocritus’ Poetic Landscapes
Authors: Kirichenko Alexander
Published: September 2022

The first half of the chapter shows that Theocritus’ bucolic Idylls construct their ideal worlds by banishing the Callimachean desire for the unattainable into the realm of mimetic representation and by letting their inhabitants experience no other desire than a desire for poetry and art. The second half argues that Theocritus’ encomiastic portrayals of Alexandria in Idylls 14 and 15 are based on similar principles as his construction of the bucolic landscapes: like poetry in Idyll 11, Alexandria is described in Idyll 14 as a remedy of unrequited love, and in Idyll 15 the city emerges not only as an ideal Panhellenic metropolis but also as a place where, as in the bucolic world, the only desire that one can possibly experience is a desire for beautiful artworks and beautiful songs.
Perceptual Experience
Authors: Hill Christopher S.
Published: September 2022

This book offers an account of perceptual experience—its intrinsic nature, its engagement with the world, its relations to mental states of other kinds, and its role in epistemic norms. One of the book’s main claims is that perceptual experience constitutively involves representations of worldly items. A second claim is that the relevant form of representation can be explained in broadly biological terms. After defending these foundational doctrines, the book proceeds to give an account of perceptual appearances and how they are related to the objective world. Appearances turn out to be relational, viewpoint dependent properties of external objects. There is also a complementary account of how the objects that possess these properties are represented. Another major concern is the phenomenological dimension of perception. The book maintains that perceptual phenomenology can be explained reductively in terms of the representational contents of experiences, and it uses this doctrine to undercut the traditional arguments for dualism. This treatment of perceptual phenomenology is then expanded to encompass cognitive phenomenology, the phenomenology of moods and emotions, and the phenomenology of pain. The next topic is the various forms of consciousness that perceptual experience can possess. A principal aim is to show that phenomenology is metaphysically independent of these forms of consciousness, and another is to de-mystify the form known as phenomenal consciousness. The book concludes by discussing the relations of various kinds that perceptual experiences bear to higher level cognitive states, including relations of format, content, and justification or support.
Structure Follows Strategy
Authors: Sogner Knut
Published: September 2022

To a great degree, Nyegaard & Co. kept its own identity under the new ownership of Actinor. Management remained more or less the same, tasks were focused on shifting attention from first-generation non-ionic product Amipque to second-generation Omnipaque. The cash-rich company also merged very well with an expanding Norwegian medical ecosystem, broadening the technology base of Nyegaard & Co. to include more biochemistry and biotechnology, in addition to the organic chemistry so central to contrast media. In some respects, Actinor pushed “old” Nyegaard & Co. to be creative in its tried-and-tested ways as Actinor itself prepared for a future as pharmaceutical company. Actinor instigated, too, extensive strategic planning processes that created a new horizon of possibilities. The X-ray contrast media business could expand into new imaging modalities (contrast media for ultrasound and magnetic resonance imaging especially), and could move forward much more aggressively in its markets and renegotiate licensing agreements or create its own international marketing organization.
Making the Most of a Failed Biofuels Project: Agriculture Commercialization in Wolaita
Authors: Chinigò Davide
Published: September 2022

This chapter addresses the case of a failed commercialization scheme in Wolaita, SNNP region. Under the impulse of global capital to produce fuel from renewable sources, and in the context of a changing government strategy oriented to allow injections of foreign investments in agriculture for the first time since the 1970s, commercialization schemes for the production of biofuel crops were attempted in Wolaita for about a decade beginning in the mid-2000s. Empirically the chapter addresses the practices of subversion, manoeuvring, and differentiation that farmers performed in the context of poorly planned and exploitative commercialization schemes. The chapter discusses the ways Wolaita contract farmers attempted to re-establish and secure access to means of social reproduction, after commercialization proved unsuccessful. Farmers’ claims to recognition are expressed here in relation to the symbolic and material values of the land, in a context of profound social and economic uncertainty. Following unsuccessful commercialization, farmers tried alternative avenues to re-constitute themselves as political subjects, sometimes succeeding and most of the time failing to improve their condition.
Performing Entrepreneurship: Job Creation in Kolfe
Authors: Chinigò Davide
Published: September 2022

The chapter discusses the promotion of entrepreneurship schemes in Kolfe Keranyo, one peri-urban sub-city of Addis Ababa. Against a context in which, towards the end of the 2000s, addressing unemployment in rapidly expanding urban centres became an urgent political and economic priority, the Ethiopian government implemented a comprehensive policy of job creation relying on the promotion micro and small enterprises. Empirically the chapter discusses the practices through which young entrepreneurs manoeuvred the few opportunities mobilized by these schemes, such as access to credit, to perform other side and informal businesses that allowed them to make up for their social and economic reproduction which state-mandated enterprises were not able to deliver. The political subject is mobilized here through a subtle and quite sophisticated performance of power. Entrepreneurs diverted time and resources from state-mandated enterprises because the formal businesses they were asked to enrol were not productive (in this way contributing to their failure), but without openly dismissing the demand by the state to participate in such development. In the process of enacting themselves as political subjects, aspiring entrepreneurs opened up new opportunities for themselves, without dismissing the policy of job creation, which because of their informal work could still be regarded by the Ethiopian government as a success story.
Remoteness
Authors: Head Dominic
Published: September 2022

This chapter shows how the retreat narrative is a format that has been the subject of much revision in contemporary nature prose, so that the apparently outmoded idea of remoteness as a resource of replenishment has been revitalized. The paradox of seeking seclusion, in an era dominated by a collective consciousness of global overcrowding and rapid urbanization, produces new ways of seeing our shared predicament, and also ways of understanding how contemporary social problems, such as homelessness, are connected to environmental catastrophe. The productive paradoxical effects of the literature of remoteness hinge on two key features: first, an unexpected sense of the dislocated itself; and, second—in common with much of the nature prose examined in this book—a pronounced form of self-consciousness, signalling an extended interrogation of the underpinning cultural and literary antecedents.
Devotion to the Name of Jesus in Medieval English Literature, c. 1100 - c. 1530
Authors: Renevey Denis
Published: September 2022

Devotion to the Name of Jesus in Medieval English Literature, c.1100–c.1530 explores the literary development of the devotion to the Name of Jesus in late medieval England, up to the Reformation, in a period that witnessed its spread from an individual to a communal practice, along with its recognition as an official liturgical feast in the late fifteenth century. In doing so, it addresses a fundamental gap in research in medieval literary studies, exploring how the devotion developed and was appropriated, becoming an intrinsic part of spiritual practice in late medieval England. The study takes into consideration medieval England’s multilingualism by looking at the circulation of the devotion in Latin, Anglo-Norman, continental French, and Middle English. One of the ways of assessing the popularity of the devotion to the Name is by probing its use within devotional compilations. It also shows the important role played by the fourteenth-century mystic Richard Rolle as one of the main propagators of the devotion in the North, although Anglo-Norman and French material was already in circulation in the thirteenth century and was possibly the main source material for Eleanor Hull. Focused on Hull and Margery Kempe, the monograph looks at the role played by women as authors, patrons, and users of the devotion in the late medieval period. The sermon for the Holy Name of Jesus included by Caxton in his 1491 edition of John Mirk’s Festial provides further literary evidence of the spread of the devotion among late medieval Christians in England, including Thomas of Rotherham and Lady Margaret Beaufort.
Jesus and His Name
Authors: Renevey Denis
Published: September 2022

The chapter focuses on Bernard of Clairvaux’s inclusion of the Name ‘Jesus’ as part of a series of effusive sermons based on the Song of Songs. It then considers whether early Christian writers’ interest in the different names given to the second person of the Trinity shows sign of an emerging devotion to the Name of Jesus. Origen noticed how Christians chose the name ‘Jesus’ exclusively as invocation, in contrast to pagans who used a multiplicity of magical spells. John Chrysostom and Ephrem paid serious attention to the act of naming, but without focusing especially on the name ‘Jesus’. The Greek ‘Office of the most sweet Jesus’ and Anselm of Canterbury’s Meditatio ad concitandum timorem clearly show a sensibility towards the power of the Name of Jesus. The emergence of the devotion is therefore noticeable both in the Eastern and Western Christian traditions.
The Name and Spiritual Song—Anglo-Norman Lyrics, Richard Rolle, and the Fourteenth-Century Tradition
Authors: Renevey Denis
Published: September 2022

This chapter begins by looking at thirteenth-century Franciscan material written in Anglo-Norman. It continues by demonstrating the centrality of the Name of Jesus for Richard Rolle (c.1300–1349). Rolle, probably in imitation of Bernard of Clairvaux, offers a commentary on the first verses of the Song of Songs which gives prominence to the Name as part of his mystical system. The Name is present in most of his Latin and Middle English writings and the devotion is clearly a causal factor in triggering the phenomena of calor, canor, and dulcor, which are characteristic of his mysticism. With Henry Suso (1295–1366) in Germany, and John Colombini (1300–1367) in Italy, among others, the devotion gains in popularity at a pan-European level. In view of the interest in the devotion by a lay public, Walter Hilton offers a warning against possible misinterpretations of the role the devotion can play in everyday lay practices, as seen in The Scale of Perfection and Of Angels’ Song.
Animal migration and infection dynamics: Recent advances and future frontiers
Authors: Hall Richard J. , Altizer Sonia , Peacock Stephanie J. , Shaw Allison K.
Published: September 2022

Long-distance animal migrations are spectacular, widespread, and ecologically important. Seasonal movements that allow animals to track favorable conditions over space and time can be energetically demanding and require behavioral and physiological changes over the annual cycle. Resulting changes in animal aggregation, condition, immunity, and location can often drive changes in exposure and susceptibility to parasite infection. Infection in turn can influence individual hosts’ movement behavior, and potentially impose selection pressure on the propensity and extent of movement. This chapter surveys the ecology and evolution of host–parasite interactions in migratory animals, and proposes a novel framework for understanding observed host–parasite dynamics in the context of feedbacks between migration and parasite infection at the individual host and population levels. We apply this framework to predict the consequences of global climate and habitat disruptions for host–pathogen dynamics, with a particular view towards migratory species conservation and public health. Finally, we identify three research frontiers—migration–parasitism feedbacks, the role of individual variation, and responses to global change—that represent promising future directions for advancing the integrated study of migration and parasitism.
Parasite-mediated sexual selection: To mate or not to mate?
Authors: Pirrie Alistair , Chapman Hettie , Ashby Ben
Published: September 2022

The concept of sexual selection has been around since Darwin, but the notion of parasites being a major driver of sexual selection in their hosts is relatively recent. Sparked by the inception of the Hamilton–Zuk hypothesis four decades ago, parasite-mediated sexual selection (PMSS) has since been a major focus of both theoretical and empirical research in evolutionary biology. This chapter discusses the development and current state of PMSS research, from the main hypotheses (good genes, transmission avoidance, parental care), to empirical data and mathematical modeling. It pays special attention to sexually transmitted infections (STIs) and considers the implications of host–parasite coevolution for PMSS, including recent theoretical advancements in this area. Finally, the chapter identifies directions for future theoretical and empirical research into PMSS.
Inter-individual variation in parasite avoidance behaviors and its epidemiological, ecological, and evolutionary consequences
Authors: Poirotte Clémence , Charpentier Marie J.E.
Published: September 2022

Parasites drive the evolution of numerous defense mechanisms in their hosts, including the complex physiological immune system. Growing evidence across animal species highlights the importance of the “behavioral immune system” because behaviors may act as first lines of defense against parasites. This chapter describes recent contributions to this field. In the first section reviews different adaptive avoidance strategies observed throughout the animal kingdom and places them into a cost-benefit framework, emphasizing close relationships between the ecology of host–parasite systems, and associated host behavioral responses. The chapter also synthesizes recent evidence on individual flexibility in the expression of avoidance behaviors and proposes hypotheses to explain such variation. The second section shows that behavioral responses to parasites are possibly as efficient as physiological defenses in mitigating disease risk, and it discusses the epidemiological, ecological, and evolutionary consequences of parasite avoidance. Understanding how individuals minimize parasite exposure depending on their life-history traits and ecological environment will improve our ability to model disease spread and provide researchers with a new framework for studying host–parasite interactions.
Behavioral defenses against parasitoids: Genetic and neuronal mechanisms
Authors: Davis Shaun , Schlenke Todd
Published: September 2022

The main biotic threats organisms face in nature are competition, predation, and parasitism. Behavioral responses are an evident way that organisms can outcompete rivals and avoid predation, but it can be hard to imagine how behaviors limit parasitism given that parasites are usually small and live inside their hosts. However, many new discoveries have shown that hosts use behavioral defenses to prevent themselves or their offspring from becoming parasitized, or to cure themselves once infected. These include many examples of host behaviors deployed against parasitoids, which are ubiquitous and important threats to insects. This chapter reviewed the diversity of host behaviors that protect against parasitoid infection. Then, focusing on the fruit fly genetic model Drosophila melanogaster, it covers parasite cues and the sensory systems hosts use to perceive parasitoids, and examines the neuronal processing events that occur deeper in the host central brain, including the roles of learning and memory. Finally, it discusses how the brain controls behavioral output leading to successful defense against parasitoid infection. Understanding how hosts recognize and respond to parasitoids can inform future studies into the ecological parameters responsible for host–parasitoid community structure. As is true of other kinds of behaviors, large gaps still exist in our mechanistic understanding of defense behaviors.
A General Definition of the Defence of Mistake of Law
Authors: Coco Antonio
Published: September 2022

Many national jurisdictions have moved away from the old adage ‘ignorantia legis non excusat’. This chapter explains that the defence of mistake of law can be construed in two different ways. On one side, mistake of law as a ‘denial of mens rea’ defence excludes criminal responsibility whenever a defendant erroneously assessed a legal element of the offence, and hence the related requirement of ‘knowledge’ was not met. On the other side, mistake of law as an ‘excuse’ excludes criminal responsibility for defendants who, despite having technically fulfilled all the required material and mental elements for the offence, are deemed not to deserve punishment because of their erroneous belief to be acting lawfully. This chapter also compares the defence of mistake of law with other relevant defensive arguments and, especially, distinguishes it from the claim that the principle of legality (nullum crimen sine lege) is violated.
The Value of Obligation
Authors: Owens David
Published: September 2022

Modest Conventionalism raises the value question: how can a conventional obligation be good for its own sake? Many writers assume that human involvements like friendship (a) are valuable for their own sake; (b) involve obligation; and (c) are embodied in social practices. A reductionist tries to explain all this by noting that friendship activates various pre-conventional principles, for example those requiring us to reciprocate benefits received or fulfil expectations we have created. I argue that the reductionist cannot in this way account for either the character or the content of such obligations of involvement. To do so we must see them as serving deontic values, values which ensure that being bound by the obligation is valuable for its own sake, though such deontic values may well be conditional on non-deontic values (e.g. the value of an obligation might depend on the value of what it requires of us). The chapter concludes by introducing the logical question: how can the value of being bound by a conventional obligation explain why we ought to comply with it? To answer we must abandon rationalism about obligation, namely the thesis that genuine obligations contribute to practical reasoning only by supporting the proposition that one ought to conform to them. The role played by intentions in our practical thinking suggests otherwise.
Conclusion
Authors: Owens David
Published: September 2022

Recognition of the existence of deontic value and the realization that being bound by convention might be valuable for its own sake has implications both theoretical and practical. Part 1 was largely devoted to outlining the theoretical implications, e.g. for our understanding of how obligation motivates human conduct and of the normative significance of cultural variation. Part 2 expounded three more practical implications. First, both the conduct they require of us and the importance of many of our social institutions are hard to comprehend until we acknowledge the value of the normative situation they create. Second, this value provides those endorsing the preservation of our present social arrangements with an extra resource to defend them against their critics. Third, it should also incline us to be respectful of other cultures which manage to bind their adherents together in a shared normative structure, whether or not it be one we would wish on ourselves. An aim of the present work is to demonstrate how the results of the historical and social sciences might bear directly on normative questions, questions usually taken to be the exclusive province of ethics or political philosophy. Social facts can have an immediate normative significance. On the other hand, they bear that normative significance only in the light of facts about what is good for human beings.
Contradiction
Authors: Knight Alison
Published: September 2022

A cornerstone of reformed hermeneutics was the precept of explaining dark passages in the light of clear ones, because all scripture was analogous with itself. But what did writers and commentators do when disparate parts of the Bible seemed to flatly contradict each other? This chapter examines early modern attempts to reconcile biblical verses in light of Protestant understanding of how to read scripture as expressing a singular, and consistent, truth. Major conflicts could play out on an international scale, as in Henry VIII’s annulment of his marriage to Catherine of Aragon, which hinged in part on negotiating the scriptural directives both to marry one’s brother’s widow (Deuteronomy 25:5) and not to marry one’s brother’s widow (Leviticus 20:21). Seemingly conflicting verses could also lead to intensely inward and personal distress, as in John Donne’s Devotions upon Emergent Occasions, in which Donne plays on the clashes and connections that emerge between scriptural texts, and the search for meaning in contrariety.
Defects
Authors: Knight Alison
Published: September 2022

weWhile early modern commentators defended the Bible as a whole as perfect, individual verses frequently were seen to lack key grammatical and semantic elements. Such verses were described as imperfect or defective. Missing syntactic and semantic elements had to be supplied by translators if their texts were to make any sense, but the line between necessary addition and the insertion of private opinion into scripture was decidedly unclear. Chapter 3, ‘Defective’, explores early modern approaches to verses that were perceived as lacking something, paying particular attention to Romans 5:18, a contentious ‘imperfect’ verse upon which hinged Protestant and Catholic versions of justification, and Job 19:26, a verse which seemed to prophecy the Resurrection, but which lacked key grammatical elements.
The Politics of Succession
Authors: Kokkonen Andrej , Møller Jørgen , Sundell Anders
Published: September 2022

The problem of leadership succession is perennial; the death of the ruler poses a significant threat to the stability of any polity. Arranging for a peaceful and orderly succession has been a formidable challenge in most historical societies, and it continues to be a test that modern authoritarian regimes regularly face and often fail. There is in practice no optimal solution to the problem of who should succeed the ruler, at least not when power is vested in one person. The absence of a successor causes uncertainty and plotting; the existence of one creates another centre of power, with dangerous implications. This book documents how successions have historically been moments of violence and insecurity: The succession wars known from European history are simply the tip of the iceberg. But the book also shows that the development and spread of primogeniture—the eldest-son-taking-the-throne—mitigated the problem of succession in Europe in the period after AD 1000. Primogeniture presented a reasonable compromise that in ‘normal’ circumstances allowed for an orderly transfer of power while minimizing threats to the incumbent ruler. In a long-term historical perspective, father-to-son successions—in the context of hereditary monarchy—therefore created political stability and facilitated state-formation. Today, representative democracy does the same, but in a very different way where frequent rotations in power and guarantees against the misuse of power are used to lessen the stakes of leadership succession.
Introduction
Authors: Kokkonen Andrej , Møller Jørgen , Sundell Anders
Published: September 2022

This chapter introduces the two key claims of the book: first, that the problem of succession has been a perennial driver of conflict, ruler depositions, and political instability in European history. Second, that the gradual adoption of primogeniture hereditary monarchies helped to mitigate the problems of succession, leading to greater political stability and allowing for the development of modern European territorial states. Against this backdrop, it is argued that European dynamics of political stability and state-formation need to be analysed via the lens of what is termed ‘the politics of succession’. This argument is situated in prior scholarship on leadership succession in autocracies and on European state-formation. The chapter describes how succession orders affected European processes of state-formation in the period ad 1000–1800 and outlines the chapters of the book.
The Origins and Spread of Primogeniture
Authors: Kokkonen Andrej , Møller Jørgen , Sundell Anders
Published: September 2022

How did primogeniture come to be adopted in parts of medieval Europe? This chapter uses a historical narrative to shed light on how this succession arrangement first arose, emphasizing the Catholic Church’s influence on European family structure and heirship practices. The narrative analysis shows how these changes—and therefore the new politics of succession studied in the book—were enabled by the fragmentation of power and rudimentary royal administrations that characterized the Latin west in the early Middle Ages. It also explains why primogeniture was not adopted in the Byzantine Empire, despite shared Christianity and the advantages that it offered for both rulers and elite groups. Finally, the authors describe how primogeniture spread in their European sample over time.
Civil War and International War
Authors: Kokkonen Andrej , Møller Jørgen , Sundell Anders
Published: September 2022

Moments of succession often turn violent, unleashing civil and/or international wars. Leveraging the natural death of rulers to identify exogenous variation in successions, this chapter finds that civil wars were more likely in the wake of natural deaths than in normal years. It also shows that the risk of such succession wars was lower in states practicing primogeniture than in states practicing elective monarchy or agnatic seniority. International conflict could of course also be provoked, or at least legitimized, by succession crises, as the numerous wars of succession in European history attest to. The authors find that the natural deaths of rulers were associated with an increased risk of being attacked by rivals, possibly taking advantage of weakness in the regime, or using the succession as a pretext for realizing other political aims.
Conclusion
Authors: Cairney Paul , Keating Michael , Kippin Sean , Denny Emily St.
Published: September 2022

Our book asks: why do governments generally struggle to reduce inequalities? It examines how policymakers across the EU make sense of, and contribute to, this problem in different levels of government and policy sectors. We conclude that EU, national, and regional governments promote many separate equity, equality, or justice initiatives, across territories and sectors, without knowing if they are complementary or contradictory. This approach could reflect the fact that ambiguous policy problems and complex policymaking processes are beyond the full knowledge or control of governments. It could also be part of a strategy to make a rhetorically radical case in the comfort of knowing that they will translate into safer policies. It also allows them to replace important political debates on values, regarding whose definition of equity matters and which inequalities to tolerate, with more technical discussions of appropriate policy processes. A shift away from tangible measures and hard tools to manage territorial inequalities offers the prospect of new perspectives on spatial justice. Alternatively, it may provide yet another way to reduce political attention to inequalities.
American Comparative Law
Authors: Clark David S.
Published: September 2022

This book details both the intellectual and social history of American legal rules, institutions, ideology, and culture that had a foreign component, either by import or after 1900 also by export from the United States to other legal systems. Combining legal history and comparative law, the volume proceeds chronologically through seven historical periods. These begin with the religious and cultural diversity that existed in the 13 British colonies and its relevance for legal development, especially involving Roman and natural law. The legal foundation for the new American republic established a golden age for comparative law, followed by the formative era for its law, characterized by a shift from public to private law, territorial expansion, resistance to English law, and interest in codification. German historical jurisprudence and learned law then took hold in the United States after the Civil War. The twentieth century saw sustained scholarly comparative law. Motivated by idealistic as well as practical concerns, U.S. jurists began to export American legal ideas about law and government, an effort that re-emerged after World War II. Comparatists established a scholarly organization that considered a variety of issues ranging from private international law to comparative legal sociology. The 1990s, a decade of opportunities for comparative law, reflected accelerated globalization following the collapse of the Soviet Union. This, and the later return of nationalism, presented jurists with new challenges in understanding the place for rule of law and other legal transplants among the world’s nations. Interest in legal cultures and interdisciplinary methodology aided the inquiry.
Legal Foundation for the New Republic: 1776 to 1791
Authors: Clark David S.
Published: September 2022

Chapter 3 examines the legal foundation for the new American republic. The Declaration of Independence, Constitution, and Bill of Rights were all extraordinary legal documents. The men who drafted and defended them, most of whom had studied or practiced law, looked to three major sources beyond those parts of British law that offered promise for a new land. First, the legal structures of classical Greek city states, their leagues, and the Roman Republic were the most visible and persuasive counterexamples to monarchy. Second, European political philosophy from the sixteenth to eighteen centuries, with its treatment of classical polities and embrace of natural law rules, supplied a modern supplement to Roman law. Third, the ethnic and religious diversity in the 13 colonies presented popular views of law appropriate for a nation founded on the people’s will rather than divine delegation. This pluralism further suggested that the framers should layer, balance, and check sovereign power, derived from these different peoples, to avoid the tyranny that drove colonists to rebel in the first place. Most comparative law activity during this period concentrated on public law, especially the structure for and limits on national government, its relation to the constituent states and to the people, and certain criminal procedure rules. It was a small group of exceptional lawyers, trained as classicists, who succeeded in formulating and enacting the core legal documents, individuals such as John Adams, Alexander Hamilton, John Jay, Thomas Jefferson, James Madison, James Wilson, and George Wythe.
The Modern Development: 1900–1945
Authors: Clark David S.
Published: September 2022

Sustained scholarly comparative law activities coincided with the establishment of scientific research at leading American law schools. Chapter 6 reviews the new field of comparative juristic inquiry that emerged from both idealistic and practical concerns. Jurists drew from history, social science, and traditional legal sources to provide new perspectives. Woodrow Wilson was a prominent legal comparatist. Following the 1898 Spanish-American War, the peace treaty ceded sovereignty over the Philippines to the United States, which took a course of indirect and consensual engagement. A few jurists knowledgeable in the civil law worked with American institutions and government to support foreign legal reform, including in China after it became a republic in 1912. Organized American comparative law began in earnest with the 1904 St. Louis Universal Congress of Lawyers and Jurists. The American Bar Association created the Comparative Law Bureau in 1907, with annual meetings and a Bulletin. Comparatists developed teaching materials, set up graduate programs, and supported expanded comparative law libraries. In 1925, bureau members established the American Foreign Law Association. They also took a leading role in forming the International Academy of Comparative Law, with Roscoe Pound and John Wigmore as active members. German-American juristic relations in the 1930s were complicated with the rise of Nazis in Germany and anti-Semitism in American universities. However, several U.S. law schools accepted émigré legal scholars much to their mutual benefit, while a few Catholic-affiliated university law schools and philosophy and government departments took in those who revived an interest in natural law jurisprudence.
Postwar Legal Transplants and Growth of the Academic Discipline: 1945–1990
Authors: Clark David S.
Published: September 2022

America again re-engaged in foreign legal reform after 1945 in Germany, Japan, and Korea, dependent upon the social, political, economic, and military situation. During the 1950s, the communist Cold War ideological threat to capitalism and liberal democracy pushed the United States to demonstrate its ability to foster economic and social progress among its allies and non-aligned nations. Comparatists in the ABA and the newly formed American Association for the Comparative Study of Law devoted substantial effort to international unification of commercial and trade law and later law projects to promote modernization among developing countries, such as agrarian reform, judicial independence, and active instruction in legal education. By the 1970s, unsatisfactory results for most of these action programs shifted concern to scholarly inquiry about the relationship between law and social change. Furthermore, comparative lawyers began to take a greater interest in the amorphous concepts of rule of law and human rights. The postwar period marked a steady rise in comparative law academic quality, stimulated by the AACSL, its meetings, journal, and participation in international congresses. Comparatists developed expertise in subfields, namely, unification of law, private international law, and comparative legal sociology. Law schools saw more comparative law courses and coursebooks; some specialized in Soviet, Japanese, or Latin American law, or in fields such as comparative constitutional law or European Community law. Comparative law journals proliferated, as did degree programs for foreign students. By 1990, the AACSL had instituted a democratic system of election, which put it on a path toward further growth.
Spanking Around the World
Authors: Erickson Christina L.
Published: September 2022

Spanking is thought to be a worldwide phenomenon. Beginning with our primate relatives, we review their hitting of offspring. Historical baggage, behaviors humans continue long after the usefulness is lost, is considered as a possibility for spanking’s continuance. Around the world, the buttocks have been viewed as a safer place to hit someone smaller than you. There is a worldwide movement to end the physical punishment of children in every country, little known in the United States, but identified as a goal of the United Nations Convention on the Rights of the Child. Connecting the dots from spanking to the respect and safety of women, the spanking of children and adult women are compared.
In the Public Sphere
Authors: Erickson Christina L.
Published: September 2022

Spanking in public is sometimes lauded and sometimes shamed. Sometimes people spank strangers’ children. Parents feel a range of emotions as their children display behavior unacceptable in public. Research on parenting in public found parents to be punitive and demanding in public as they aim to assure respectability in the view of others. Fear for a child’s safety is a powerful motivator that can spark people who witness physical discipline in a public place to intervene. Drawing on stories in which parents feel judged in public places, the chapter explores how children’s behavior affects parenting practices and how relatives, friends, and even strangers weigh in.
Cooperating with the Colossus
Authors: Herman Rebecca
Published: September 2022

During World War II, the United States built more than 200 defense installations on sovereign soil in Latin America in the name of cooperation in hemisphere defense. Predictably, it proved to be a fraught affair. Despite widespread acclaim for Pan-American unity with the Allied cause, defense construction incited local conflicts that belied the wartime rhetoric of fraternity and equality. This book reconstructs the history of US basing in World War II Latin America, from the elegant chambers of the American foreign ministries to the cantinas, courtrooms, plazas, and brothels surrounding US defense sites. Foregrounding the wartime experiences of Brazil, Cuba, and Panama, the book considers how Latin American leaders and diplomats used basing rights as bargaining chips to advance their nation-building agendas with US resources, while limiting overreach by the “Colossus of the North” as best they could; but conflicts on the ground over labor rights, discrimination, sex, and criminal jurisdiction routinely threatened the peace. Steeped in conflict, the story of wartime basing certainly departs from the celebratory triumphalism commonly associated with this period in US–Latin American relations, but this book does not wholly upend the conventional account of wartime cooperation. Rather, the history of basing distills a central tension that has infused regional affairs since a wave of independence movements first transformed the Americas into a society of nations: though national sovereignty and international cooperation are compatible concepts in principle, they are difficult to reconcile in practice.
Conclusion
Authors: Herman Rebecca
Published: September 2022

This chapter offers some concluding remarks on the value of taking international cooperation seriously as a vital field of contest in the history of the Americas. A critical assessment of how cooperation has both facilitated and inhibited the operation of US power in Latin America across time and space, how it has brought foreign interests to bear on domestic political projects, and how it has empowered those who engaged it on US terms and disempowered others, can help to account for the endurance of US power in the region despite the centuries-old consensus in Latin America that US power must be guarded against. And it can help explain how cooperation, recognized by some in Latin America as an avenue for collapsing international hierarchy, in practice also helps to preserve it.
Roosevelt v. “The Nine Old Men”
Authors: Kalman Laura
Published: September 2022

Chapter 1 sets the stage for understanding the conflict between FDR and the Supreme Court. It explores the justices’ unease with the growth of the administrative state and the contemporary portrayal of them as the “nine old men” dead set against change. By 1936, much of the New Deal lay in ruins, and there was widespread dissatisfaction with the conservative court, which made it difficult to enact federal or state legislation to address the Great Depression. Yet FDR’s attempt to curry that dissatisfaction by criticizing the court’s “horse and buggy” interpretation of the Constitution backfired and raised fears that he contemplated endowing the federal government with unprecedented, centralized power. And because the justices had not completely savaged his program and he had not yet won a second term, Roosevelt had to bide his time. In the meantime, his effectiveness and popularity dimmed. Though it looked increasingly likely he would win re-election, few were predicting a landslide.
Victory—and Its Fruits
Authors: Kalman Laura
Published: September 2022

Chapter 2 tells how the Roosevelt administration, members of Congress, the media, and much of the public reached a breaking point with the five justices after they invalidated minimum wage legislation in 1936, and how the court “problem” suffused both the Democratic and Republican presidential campaigns. Then Roosevelt won every state but Maine and Vermont and nearly 61% of the popular vote. Thanks to his coattails, the new Senate included a paltry sixteen Republicans, the House just eighty-nine. The chapter then addresses how the administration ignored signals that the justices were “falling into line” after FDR’s triumph to develop a legislative program to add up to six new justices to the Supreme Court and why it chose a statutory remedy over constitutional amendment. Perhaps the president and his attorney general should have paid more attention to the change in mood they had detected at the court before deciding to move ahead. Yet the beginning of FDR’s second term, after he had proven his popularity and had won greater control of Congress, was also an ideal time to throw down the gauntlet before the court.
“Talk of Compromise . . . Heard Everywhere”
Authors: Kalman Laura
Published: September 2022

Chapter 5 explores the tide of forces swelling against the bill. The justices astonished many when they delivered two additional decisions in the administration’s favor upholding the National Labor Relations Act and Social Security. Everyone agreed that something momentous had happened, though not about whether the court had changed course under political pressure or whether Roosevelt still needed his bill. Then in a move arranged with the bill’s Senate opponents, one of FDR’s nemeses on the court declared he was retiring at term’s end, a gesture intended to placate the president by giving him an additional seat to fill. At the same time, the Senate Judiciary Committee recommended the bill’s rejection. Talk of a face-saving compromise in the form of two additional justices increased among the bill’s supporters and foes alike. But Roosevelt was not yet ready to declare he had won and retreat. He refused to bargain.
Introduction
Authors: Naqvi Ijlal
Published: September 2022

This introductory chapter establishes a theoretical framework for the book. It conceptualizes the governance of the Pakistani power sector as a series of nested, interdependent fields of strategic action at the national, city, and individual levels. Pakistan’s power sector’s woes are less mystery than tragedy, but to conclude simply that a weak state produces poor governance outcomes misses the manner in which these arrangements are important for reproducing existing relations of domination and are resistant to change. The question this book addresses, therefore, isn’t just about why Pakistan doesn’t produce enough power. There is no lack of political will to address the power sector’s challenges, and the sector has received relentless attention from bilateral donors and multilateral development institutions over many years, yet reforms have failed and Pakistanis still suffer. Why?
The Interprovincial Unevenness of the Infrastructural State
Authors: Naqvi Ijlal
Published: September 2022

Loadshedding and power outages are a national issue in Pakistan, but one whose genesis is more complex than there simply being an inadequate quantity of power to meet the nation’s demand. The argument presented in this chapter identifies loadshedding and circular debt as directly resulting from strategic choices that are integral to Pakistan’s infrastructural state. The grid that has been built out—and the ordering of citizen–state relations entailed therein—reflects Pakistan’s strategic choices regarding the relationship of the provinces to the federal center and citizens to their state. And, as much as national authorities (political, administrative, military) might want different outcomes, a large part of the reason why loadshedding and circular debt has persisted through so many years is that national authorities are unwilling to revisit these underlying strategic choices. China–Pakistan Economic Corridor (CPEC) investments have expanded power supply sufficiently to largely eliminate loadshedding—subject to the caveat that cash flow requirements must be met, which is frequently not the case—but this does not reflect any change in the state’s strategic priorities, nor does it reflect increased state capacity.
Pathologies of Development Practice
Authors: Naqvi Ijlal
Published: September 2022

International development actors are regularly aware of the shortcomings of governance interventions before, during, and after development assistance is introduced, yet those programs continue and are even revisited. Why? Why doesn’t the awareness of the problems with development interventions prevent the continuation of failures, the repetition of mistakes, or more caution in essaying grand plans for institutional reform? This chapter uses the history of reforms in the Pakistani power sector to illustrate this puzzle and to suggest some partial answers that link the content of reforms (and the poor outcomes) to the structures of development assistance that drive them. Viewed through the framework of the infrastructural state, these shortcomings reflect the inability of top-down reform to penetrate below the national field, and the misrecognition of Pakistan’s electricity governance as a lack or absence rather than a result of inequality by design.
Governance as an Emergent Compromise
Authors: Naqvi Ijlal
Published: September 2022

Governance is always an emergent compromise produced by “the complex web of unfolding transactions and processes” in which bureaucrats must operate. Compromises between the formalizing imperatives of modernization and the flexibility of bureaucratic agents to adapt to social and organizational constraints are essential to shaping the patterns of coordination and regulation that make up governance in the Pakistani electrical power sector. Discretion, and the opportunity for idiosyncratic outcomes it entails, is unavoidable, yet it can be exercised with a sense of social responsibility or for narrowly construed personal gain. Examples of both are presented here. This chapter argues that the capacity of individual bureaucratic agents to choose among multiple courses of action—and go beyond their formal bounds—can serve the organizational mandate of public good provision better than the pursuit of modernization in terms of increasing formality.