bluuebunny/crossref_metadata_2025 huggingface dataset:
Beyond the Veil
Authors: Canevaro Lilah Grace
Published: October 2018

Chapter 4 returns to the theme of Homeric poems are shown to reflect on the limitations of objects; how the memories encased in objects are presented as transient; how this transience has a gendered aspect; and how objects as commemorators are consistently presented by the poet as inferior to the medium of poetry. This chapter then offers a way in which objects might be able to mitigate their limitations: through entanglement with immortality, with the divinememory, beginning this time with its limitations. It explores subversions, suppressions, and perversions of memory, and pushes mortal and material memory to their limits. The. And yet not even the immortals feel secure in the longevity of their objects.
Epilogue: Revealing Garments
Authors: Canevaro Lilah Grace
Published: October 2018

The Epilogue considers the semantic and poetological connections between words and weaving, and offers a broader perspective that brings in Tennyson, Waterhouse, and William Morris. Through Aristophanes and Plato it reflects on the cultural, social, and generic expectations of weaving and gender. Female voice is considered, in response to Samuel Butler but also in light of recent scholarship, translation, and literature that has changed the gender balance of Homeric studies. The Epilogue situates this book at a turning point, and reiterates its place in the discourse. Again through Morris, it returns to the all-important issue of representation, offering a final reflection on the particular status of objects in poetry.
Earth, Nature, and the Cult of the Tomb
Authors: Bakola Emmanuela
Published: October 2018

This chapter examines the depiction of the fifth-century tragic poet Aeschylus in Aristophanes’ Frogs by paying particular attention to the play’s engagement with space, especially the space of the earth below, from which the poet is welcomed back to Athens in the finale. It offers new arguments for connecting Frogs to the cult of Aeschylus’ tomb in Sicily, including the play’s engagement with the volcanic properties of the Sicilian landscape and with the knowledge that volcanic soil harbours productive and beneficial, as well as destructive and deadly, forces. It argues that understanding hero worship in terms of fertility, prosperity, well-being, health, and their opposites is particularly revealing in Aeschylus’ case, because these concepts played a key role in Aeschylean dramaturgy, especially in connection to the Aeschylean images of nature and the earth. This leads to a new interpretation of the relationship between Aeschylus’ biography, his literary reception, and his cult.
Tombs of Poets’ Minor Characters
Authors: Bing Peter
Published: October 2018

This chapter focuses on Hellenistic epigrams commemorating the death of minor literary characters: a hero named just once in Homer, the slaughtered children of Medea, a prostitute berated by Sappho, the daughters of Lycambes vilified by Archilochus, and the lovely Baucis, Erinna’s friend. It argues that these commemorations reveal an aspect of the Hellenistic reception of earlier Greek poetry—its avid engagement with the tradition, extending even to lesser figures. The chapter suggests that the epigrams, viewed against the backdrop of real-life hero cult, are a kind of metafiction, reactions to, and spin-offs from, an urtext. It demonstrates how an interest in buried literary figures enabled a discourse on literature as autonomous from real-life ritual and yet as best expressed through the materiality of the tomb.
Still Singing
Authors: Graziosi Barbara
Published: October 2018

This chapter considers the relationship between Orpheus the mythical character and Orpheus the putative author of mystic texts, arguing that it is best understood by focusing on the tomb of the singer. Various ancient sources suggest that the singer carried on performing poetry even after his death: he sang from his tomb and through the landscape. This helps to explain how Orphic authorship worked in antiquity, as well as the reasons why it was so contested. Some ancient critics argued that, far from being age-old works, Orphic poems were in fact recent forgeries. Devotees of Orpheus, meanwhile, could insist that the poet’s voice was heard emerging from his tomb and from stones, trees, caves, and birds—that is to say, from nature itself: Orphic authorship, from that perspective, was a matter of good reception, rather than fraud.
Ruins and Reputations
Authors: Smiles Sam
Published: October 2018

This chapter explores how poetic inspiration, centred around the tombs of ancient poets, can be expressed through the material idiom of painting. It approaches the ‘tomb of Virgil’ through the eyes of artists working in the later eighteenth and early nineteenth centuries, when the vogue for travel and the growth of a market for topographical and antiquarian images produced the circumstances that gave new life to representations of the tombs of the Greek and Roman poets. It focuses specifically on the work of two artists who visited the spot: Joseph Wright of Derby, who produced a number of variants of a highly poetical approach to the tomb, and J. M. W. Turner, who thought about the tomb of the poet in relation to the social role of the artist.
Introduction
Authors: Speaks Jeff
Published: October 2018

In the spring of 2013, I taught a large lecture class at Notre Dame on the topic of ‘Philosophical Theology.’ The organizing idea for the class was to work through the Nicene Creed, considering as we went the best arguments for the incoherence of the central doctrines of Christianity laid out in that document....
The Idea of a Greatest Possible Being
Authors: Speaks Jeff
Published: October 2018

Perfect being theology is the attempt to derive the attributes of God from the principle that God is the greatest possible being. This chapter explains what would have to be done for such a derivation to succeed. Basically, one needs a modal claim about God, and a condition on properties such that it follows from the modal claim and the fact that some property satisfies the condition that the property is a property of God. The first is called a modal principle, and the second a greatness condition.
Epistemic Perfect Being Theology
Authors: Speaks Jeff
Published: October 2018

Following the result of chapter 2, it is natural for the perfect being theologian to turn to the principle that God is the greatest conceivable being. But this too is a failure. The central problem is that every sense of ‘conceivable’ either (i) collapses conceivability into possibility or (ii) makes room for properties which it is conceivable but impossible for God to have, and better for God to have than lack. A number of possibilities are canvassed. While there is no impossibility proof, the failures of the obvious candidates do not leave one feeling optimistic.
Perfect Being Semantics
Authors: Speaks Jeff
Published: October 2018

One last theoretical role which has been enlisted for the concept of a greatest possible being is explaining, in some sense, the functioning of the term ‘God.’ This chapter identifies three versions of this view. First, the description might give the semantic content of ‘God.’ Second, it might (in Kripke’s sense) fix its reference. Third, it might in some more indirect sense explain what ‘God’ designates. This chapter argues that none of these is very plausible.
Interpreting Text as Discourse or Using Text as Data
Authors: Krawatzek Félix
Published: October 2018

This chapter presents a new multi-level investigation of discourse that combines network analysis with qualitative content analysis. This book is the first to employ this method for multi-linguistic comparative research. The chapter first develops an understanding of discourse, which seeks to address some of the challenges discourse analysis has faced. It then describes the sources, the sampling procedure, the process of qualitative content analysis, and the logic of the applied coding scheme. A final section introduces details of the discourse network analysis, which combines the unique insight of qualitative interpretation, and the structural insights derived through the rigour of network analysis. This combination can pre-empt some of the concerns that critics have voiced about new quantitative approaches to analysing text. Its added value lies in the identification of clusters in the network, which point to discursive formations that structure meaning.
The Weimar Republic and Roads Not Followed
Authors: Krawatzek Félix
Published: October 2018

Much of the literature on the breakdown of the Weimar Republic has focused exclusively on elite competition or the political extremes for which young people got involved. This chapter sheds a different light on the importance of democratic youth involvement. After contextualizing the episode and bringing out the contradictory reality of the Weimar Republic between high culture and political failure, the complexities of youth political involvement are explored. A large proportion of the discourse on youth emphasized the pro-democratic character of youth mobilization. However, the divisions within the pro-democratic formation ultimately underlined that the political mobilization linked to it was too weak to stabilize the regime. Instead, the contradictory aspirations for the future of German democracy meant that democratic consolidation eventually failed whilst anti-regime mobilization grew.
The Missing Frontier
Authors: Lacoste Jean-Yves , O’Donovan Oliver
Published: October 2018

Kierkegaard purports to demolish the philosophical “system” in favour of the “fragment,” but the theme of his ‘fragments’ is the theological one of salvation. The chapter argues that this work is not a theological critique of philosophy, but lays claim to a place within philosophy for a non-Socratic relation of disciple to teacher. The disciple of the “god in time” relates to the teacher in love, yet love opens the way to knowledge. The goal of philosophy is to place us in the truth, but truth is predicated only on existence, and salvation is existence in the truth. There is no general theory of love or knowledge, but a “theological reduction” of those concepts to the relation of man to God.
The Knowledge and Love of God
Authors: Lacoste Jean-Yves , O’Donovan Oliver
Published: October 2018

Theological Aristotelianism produced a dual concept of the knowledge of God as natural and supernatural. But the appearing of God, the chapter argues, must be an event of love that elicits love. Belief can only appear in company with love. Where the object of faith is in question, truth is proposed, but not self-evident. Faith does not affirm God as a matter of necessity, but does recognize the importance of its possibility. In knowledge there is continuity as well as discontinuity, and the wall between faith and reason, like that between the “God of Abraham” and “the god of philosophers,” must come down. Philosophical reflection on God, too, can be seen as part of the economy of divine revelation.
Existence and Love of God
Authors: Lacoste Jean-Yves , O’Donovan Oliver
Published: October 2018

The lack of interest in love and God in Heidegger’s Being and Time is curiously suspended in a footnote that quotes Augustine and Pascal on love and the knowledge of the divine in the course of the presentation of the important concept of “affection.” Heidegger confines interest in God to the care of a positive historical theology, and so marginalizes both faith and God at the edge of existence, which is philosophy’s proper concern. But this strategy ignores the way in which anticipatory understanding of being can converge with interest in God in human existence. Love of divine things can be interpreted in terms of Heidegger’s “care,” while his “affection” can accommodate self-discovery not only in-theworld but before-God.
Anticipation
Authors: Lacoste Jean-Yves , O’Donovan Oliver
Published: October 2018

The chapter distinguishes two experiences often conflated in discussion of anticipation, a commonplace pre-experience of the future accompanying every appearance, and an experience of promise that gives ground for a hope. In “enjoyment” present experience takes possession of consciousness and prevents real anticipation; but enjoyment is intermittent, and when it is gone there can be a fidelity to the experience, born of desire for permanence, and a sense of absence, which may convey the thought of a reappearance. Presence cannot be “parousia.” Anticipation is lived out in unfulfilment. But the idea of conclusive experience is not ruled out, and may have a critical role in exposing incomplete experience. We may receive anticipations of what cannot be given definitively within world-time, and “the” end may be the only key we have to the status of nearer ends.
From Present Self to Future Self
Authors: Lacoste Jean-Yves , O’Donovan Oliver
Published: October 2018

Personal identity is an event, and the personal subject’s relation to itself is characterized by temporal “distension.” The metaphysical concept of personal “substance” tried ineffectively to define the self in ahistorical terms, but could “substance” be tied to “history”? With the help of eschatology it could, for the self could be fully known to itself under eschatological conditions in a “recapitulation” by which it becomes its own becoming. The definitive, like the provisional, has to be thought of as “happening.” “Post-existence” would be eternal happening, a present recovery of what has formed its way of existing, and in continuing receptivity. Is the concept of “I,” the personal subject, adequate to such an eschatological destiny? We can think more coherently of a “post-existence” by replacing the concept of “consciousness” with “opening.”
Getting More from Less in Defined Benefit Plans
Authors: Wallick Daniel W. , Berkowitz Daniel B. , Clarke Andrew S. , DiCiurcio Kevin J. , Stockton Kimberly A.
Published: October 2018

As global interest rates hover near historic lows, defined benefit pension plan sponsors must grapple with the prospect of lower investment returns. We examine three levers that can enhance portfolio outcomes in a low-return world: increased contributions; reduced investment costs; and increased portfolio risk. We use portfolio simulations based on a stochastic asset class forecasting model to evaluate each lever according to two criteria: the magnitude of impact and the certainty that this impact will be realized. We show that increased contributions have the greatest and most certain impact. Reduced costs have a more modest, but equally certain impact. Increased risk can deliver a significant impact, but with the least certainty.
Investing for Retirement in a Low Returns Environment
Authors: Reilly Catherine , Byrne Alistair
Published: October 2018

Low returns on financial assets and increasing longevity mean saving for retirement is becoming more challenging than it has been in the past. Generations retiring in the near term face increased longevity but have lived through periods with strong market returns boosting their assets, and many also have defined benefit plan entitlements. Younger generations, who also face increasing longevity, are unlikely to earn historical investment returns on their retirement portfolios, and few have traditional pensions. We model the likely outcomes for different cohorts under scenarios for savings behavior, investment returns, and longevity. While younger generations do face substantial challenges, we show that plausible courses of action involve increased contributions and delayed or partial retirement, which can provide reasonable income replacement rates in retirement. We map out the steps that the retirement industry (government, employers, and financial services providers) must take to support people in following these courses of action, such as providing more flexibility over social security.
Retirement Saving and Decumulation in a Persistent Low-Return Environment
Authors: Fichtner Jason J. , Seligman Jason S.
Published: October 2018

The current retirement environment presents challenges, not only over the period for which interest rates remain low, but also once interest rates appreciably increase. This chapter addresses two related questions: first, how have households responded to the current low interest rate environment, and second, are there alternative responses or investments which households might do well to consider? We employ the Health and Retirement Study to first investigate impacts of the low interest rate on savings, wealth, and asset allocation. We also report on a subset of households who were relatively successful at building and preserving wealth over this period. Following this, we consider alternative portfolio and wealth management strategies targeting increases in equities and delayed claiming of Social Security in terms of their potential to add value in persistent low return environments.
Helping Employers Become Age-ready
Authors: Sonsino Yvonne
Published: October 2018

Demographic evidence suggests that by 2050, almost one quarter of the world’s population will be over the age of 60. Many of these people over 60 will still be at work to finance their longer lifetimes. We examine how living longer is likely to influence people’s decisions to work for longer; how the nature of changes to work itself will influence future work, workers, and the workplace; how employers can benefit from retaining older workers; and ultimately, what employers can do to achieve a competitive advantage from the changing demographics.
Introduction
Authors: Schellenberg Susanna
Published: October 2018

GALILEO Vision is perfect. People have very good eyes.

APICIUS Whose weak eyes, then, need the help of your lenses?

GALILEO They are the eyes of the philosophers.

Fontenelle, Dialogues des morts, 1683

Perception is our key to the world. It plays at least three different roles in our lives. It justifies beliefs and provides us with knowledge of our environment. It brings about conscious mental states. It converts informational input, such as light and sound waves, into representations of invariant features in our environment. Corresponding to these three roles, there are at least three fundamental questions that have motivated the study of perception:...
Perceptual Particularity
Authors: Schellenberg Susanna
Published: October 2018

Perception grounds demonstrative reference, yields singular thoughts, and fixes the reference of singular terms. Moreover, perception provides us with knowledge of particulars in our environment and justifies singular thoughts about particulars. How does perception play these cognitive and epistemic roles in our lives? I address this question by exploring the fundamental nature of perceptual experience. Chapter 1 argues that perception is constitutively a matter of employing perceptual capacities that function to discriminate and single out particulars. Due to the central role of capacities, we can call a view that endorses this thesis capacitism. Harnessing this thesis, the chapter argues that a subject’s perceptual state is brought about by being perceptually related to an external, mind-independent particular that is constituted by that particular. Thereby, the chapter provides an account of the particular elements of perception.
Fregean Particularism
Authors: Schellenberg Susanna
Published: October 2018

Chapter 4 develops Fregean particularism, thereby providing the details of my account of singular content. Fregean particularism advances a new understanding of singular modes of presentation: perceptual content is constituted by the perceptual capacities employed and the particulars (if any) thereby singled out. These modes of presentation can be individuated at the level of content types and token contents. Perceptions, hallucinations, and illusions with the same phenomenal character are constituted by employing the same perceptual capacities; they thereby share a content type. But the token content of perception, hallucination, and illusion differs at least in part. If one perceives a particular, one employs perceptual capacities that successfully single out that particular. Thereby, the token content is constituted by the particular singled out and thus is singular content. If one fails to single out a particular (perhaps because one is suffering an illusion or hallucination), the token content is gappy.
The Authority of Hate Speech
Authors: Langton Rae
Published: October 2018

Could hate speech have authority? Yes. Some hate speech is propaganda, and has epistemic authority. Some hate speech is directive, and has practical authority. Some has both, in part because epistemic authority can be a basis for practical authority. Hate speech can acquire authority informally through a process of accommodation, whereby a presupposition of authority is accommodated by hearers, and becomes acceptable or true. This phenomenon is familiar to philosophers of language, but has political implications, as this chapter shows, drawing on work by Lewis, Thomason, Witek, and Maitra. Authority makes a difference to what is done with words; and the accommodation of authority can make a difference to hate speech, enabling it to enact norms, rank people, or deprive them of powers. The accommodation of authority matters, because it alters the force hate speech can have, as a speech act.
Greed and the Adventures of Homo economicus
Authors: Francisco Louçã , Michael Ash
Published: October 2018

A reflection on greed and culture is provided. Literature and films, from the Bible to Oliver Stone’s Wall Street, are reviewed for the ways they have both expressed and shaped public views on greed. Yet greed is only a part of the human picture. History, as well as rigorous new evidence from social psychology and behavioral economics, shows that humans juggle egoism, altruism, reciprocity, and solidarity in proportions that vary across time and space. Inequality grew sharply in the late twentieth and early twenty-first century, with a special role for finance.
The Whole Alphabet Soup
Authors: Francisco Louçã , Michael Ash
Published: October 2018

This chapter begins with a micro-history of the Great Crash of 2007–8. It describes the instruments, transactions, size, and growth of the shadow banking system in the years before the crash. Heralded with widespread affirmation by public decision makers and intellectuals, the new financial architecture received only occasional criticism from within. The chapter describes the construction of the financial system—both the history of its development and how the networks and connections looked on the eve of the crisis. Despite the dangerous warning signs offered by a series of regional crises on the periphery, advocates plowed ahead with certainty that the market could not be wrong. When the crash came, many experts broke briefly with orthodoxy, but most have returned rapidly to their faith in financial markets. A more technical appendix, “The Realm of Shadow Finance: How and How Much” details the shadow banking system.
The Revolving Door
Authors: Francisco Louçã , Michael Ash
Published: October 2018

Chapter 8 uses original research and media accounts to examine how the neoliberal project diffuses into public and private institutions through networks of education, employment, and influence. Power structure theory is used to trace networks, identify central nodes of power, and shed light on the branches and conduits. Departures from private activity for government service and vice versa suggest self interest and class interest contributing to private uses of public interests. In other cases the revolving door represents captured minds rather than wallets. An updated analysis of Portugal which tracked the revolving door for every single member of government in Portugal's contemporary Second Republic is presented. A study of public decision makers in twelve countries between 1975 and 2015 examines how career trajectories have accommodated deregulation, liberalization, and the transformation of center-left parties into leading advocates of neoliberal policy.
The Shadow Society and Its Fictitious Capital
Authors: Francisco Louçã , Michael Ash
Published: October 2018

The concluding chapter surveys the prospects for more democratic governance of national economies and more equitable outcomes in the global economy. The backdrop for the chapter is the marriage of shadow finance with the conservative governments that have achieved electoral success on the basis of popular dissatisfaction with the response of neoliberal governments to the global economic crisis. The conservative movement and its governments are incoherent and unwilling to address, even in terms of modest reform, the power of finance and its responsibility for inequality and crisis. Effective reform could emerge from the union of professional expertise, whose commitment to technocratic aspects of the neoliberal project may have weakened, with democratic social movements.
Emissions Trading Schemes under International Economic Law
Authors: Munro James
Published: October 2018

This book assesses whether—and how—emissions trading schemes are subject to international economic law. Through an analysis of trade and investment treaties and related jurisprudence, it argues that the objects of trade in these schemes, namely carbon units (also known as emissions permits or carbon credits), are capable of being legally characterized as ‘goods’, ‘services’, ‘financial services’, and ‘investments’ under international economic law. The sui generis properties of carbon units—such as their intangibility, their degree of permanence, their relationship to an economic activity performed, and their use as a regulatory instrument—make this a particularly complex question. Having ascertained whether and how carbon units are regulated in this regard, this book undertakes a comparative analysis of numerous emissions trading schemes and uncovers a raft of design elements affecting trade and investment in carbon units that could be impugned under international economic law. In particular, it demonstrates how all of the major schemes—from the nascent schemes in China, South Korea, and Ontario to the more established schemes in the European Union, Switzerland, New Zealand, Norway, California, and Quebec—engage in violations of international economic law that are, in many cases, unlikely to be justified under environmental or other exceptions or exemptions. Not only do these conclusions have implications for the relationship between the international economic and international climate regimes but, more broadly, these conclusions interrogate the efficacy of international economic law for covering market-based mechanisms designed to manage environmental problems. They also provide guidance to policy-makers seeking to inoculate their emissions trading schemes from legal challenges under international trade and investment treaties.
Applying International Economic Law to Emissions Trading Schemes
Authors: Munro James
Published: October 2018

The process of interpreting the treaties of international economic law is a key aspect of the analysis that is undertaken in this book. Of particular importance is the potential relevance of the international climate regime to interpreting international economic law—a regime recently rejuvenated by the Paris Agreement, and in fulfilment of whose aims emissions trading schemes are adopted and maintained. Chapter 2 therefore sets out the methodology of the book—namely, interpreting and applying international economic law to emissions trading schemes—and assesses whether and how the international climate regime might play a role in that process.
International Trade in Carbon Units under GATT 1994 and Free Trade Agreements
Authors: Munro James
Published: October 2018

Chapter 4 examines whether carbon units qualify as ‘goods’/‘products’ under GATT 1994 and free trade agreements covering goods. Despite complexities, the analysis of Chapter 4 concludes that, on balance, the better view is that ‘carbon units’ do qualify as ‘products’ and ‘goods’ under GATT 1994 and free trade agreements covering goods. This is because they can be possessed, stored, traded across borders, and hold economic value. The most challenging aspect is the lack of obvious ‘production’ involved in some classes of units. However, since some units are clearly ‘produced’, and since all units are fungible and are, to some degree, in a competitive market relationship with one another, regardless of how they are created, it would be anomalous if only some classes of carbon units were covered. If, however, the Appellate Body of the World Trade Organization were to determine—contrary to existing case law—that tangibility is a threshold requirement of ‘goods’/‘products’, it is clear that no carbon units would qualify.
International Trade in Carbon Units under GATS and Free Trade Agreements
Authors: Munro James
Published: October 2018

Chapter 5 examines whether measures affecting trade in carbon units constitute measures affecting trade in services under GATS and free trade agreements covering services. While carbon units themselves would not constitute the service in question, they can be said to embody a service performed. They are, in essence, the currency through which greenhouse gas reduction services can be commodified and traded. This chaper thus reveals that measures affecting trade in offset units will likely be regulated by GATS. However, measures affecting trade in allowance units would be unlikely to be covered by GATS on account of the lack of obvious economic activity involved in their generation.
Carbon Units as ‘Investments’ under International Investment Agreements
Authors: Munro James
Published: October 2018

Chapter 7 assesses the extent to which carbon units constitute objects subject to the disciplines of international investment law. While carbon units are capable of constituting ‘investments’ where all parties to an international investment agreement define the units as ‘property’ under their domestic legal systems and where an investor has acquired and owns the units with a requisite degree of durability and permanence related to some other economic activity in the host state, they would be less likely to qualify where one or more parties to an IIA confer no proprietary status on carbon units, or where the units are not acquired in the context of a meaningful economic activity in the host state.
Conclusion
Authors: Munro James
Published: October 2018

Chapter 10 summarizes the main conclusion of this book that the objects traded within emissions trading schemes—namely, carbon units—are subject to the disciplines of international economic law in a series of complex and asymmetrical ways. The significance of this conclusion is underlined by the volume and extent of prima facie inconsistencies exhibited by emissions trading schemes with international economic law and identified in this book. While the evidence available and justifications in respect of some of these inconsistencies suggests that they might be saved by certain public policy-related exceptions in international economic law, it is equally apparent that many would not be shielded. Chapter 10 also passes comment on the potential means by which jurisdictions might inoculate their emissions trading schemes from the reach of international economic law, such as by insulating schemes from external transactions, denuding carbon units of proprietary status, and framing international trade in carbon units as a matter of mutual recognition of respective jurisdictions’ technical regulations or standards under international economic law.
Synchronicity I
Authors: Eikelboom Lexi
Published: October 2018

This chapter examines (anti)metaphysical philosophies, primarily those of Gilles Deleuze, Friedrich Nietzsche, and Martin Heidegger, which, following Emile Benveniste’s definition, use rhythm as a way to describe reality as a fluid and improvised whole. Rhythm is called on to mediate the challenge of differentiation, and even strife, as immanently generative of a harmonious whole. These thinkers adopt a synchronic perspective on rhythm as a fluid form that comes to stand in for the whole of reality, thereby mediating between differentiation and unity. The chapter then considers two different theological responses to this approach, one affirmative—that of Catherine Keller—and one critical—that of Erich Przywara—and concludes that a Benvenistian, synchronic approach to rhythm is insufficient to the requirements of Christian theology and human experience.
Equivocation and Casuistry
Authors: Corran Emily
Published: October 2018

The doctrine of equivocation and mental reservation has been caricatured as an invention of early modern academia, but it was a familiar concept in the Middle Ages. This chapter explores the range of ways in which thought about equivocation appeared in medieval culture. A number of literary genres discussed equivocation, including hagiography, chanson de geste, and romance. The way in which they treated the subject varied according to genre and the requirements of the narrative, but many of these texts highlighted the moral ambiguity of equivocation, especially the chanson de geste Ami et Amile and the romances Tristan and Cligès. Clerical writing on equivocation, the main subject of this study, shared important aspects of the literary treatment of the subject, but in comparison focused more explicitly on pastoral questions of sin and absolution.
The Early Casuistry of Lying and Perjury
Authors: Corran Emily
Published: October 2018

Clerical casuistry of lying first appeared in the late twelfth century, although more general discussions of lying dated back to patristic times. Augustine had written influentially on the ethics of lying, but tended to insist on an unbending prohibition of lying rather than exceptional cases. In the twelfth century, new compilations of Christian theology, including Abelard’s Sic et Non and Gratian’s Decretum, suggested more explicitly that lying and perjury was still an open question. Canon lawyers showed increased interest in casuistry, in the context of practical questions about mitigated guilt, and exegetes in the later twelfth century discussed the morality of biblical characters in the literal sense. All of these factors contributed to create a ferment of practical thought about lying and perjury in this period. These were distinct currents in a larger tide of applied pastoral thought, which correlated with the rise of frequent confession among lay people.
Lying and Perjury in Confessors’ Manuals
Authors: Corran Emily
Published: October 2018

Confessors’ manuals were the most important genre in which practical thought about lying and perjury was developed during the thirteenth century. This chapter argues that confessors’ manuals shared an interest in moral dilemmas with Peter the Chanter’s Summa. A comparison of the treatment of a famous dilemma concerning a lie to save a life in Robert of Courson, Raymond of Penafort, and Hostiensis reveals the similarities in their approach. The key difference between confessors’ manuals and the practical theologians of the late twelfth century was the degree to which they quoted material from canon law. This chapter investigates this influx of legal material into pastoral writings and explains the reasons for the change. It suggests that engagement with canon law did not mean that the ethics of lying and perjury became indistinguishable from canonical thought on the subject.
Medieval to Mughal Times c.1000 to c.1707
Authors: Dyson Tim
Published: October 2018

This chapter considers the period from the onset of major Muslim military advance to Aurangzeb’s death. In general, the population continued to grow slowly and fitfully. We can only speculate about variation in the rate of population growth. The fourteenth-century Black Death perhaps touched parts of the north-west. But there is no evidence of a major demographic collapse. The seventeenth century, the peak period of Mughal rule, was very challenging—for example, in terms of famines and plague. Nevertheless, the population seems to have grown. Analysts have used deficient data, for example on the cultivated land area, to try to estimate the size of India’s population c.1595. Considering previous work, a figure of 125 million seems a reasonable compromise. However, given the inadequate nature of the data, this number is very far from firm. Previous research appears to have overstated the size of Mughal cities and the accompanying level of urbanization.
Before and After 1947
Authors: Dyson Tim
Published: October 2018

This chapter considers population trends in the decades either side of Independence. It does so in three broad phases. The first phase is the 1920s and 1930s—when there was unprecedented population growth, and public discussion about birth control increased. The second phase is the turbulent 1940s; here particular attention is given to the demographic effects of the Bengal famine in 1943–44 and Partition in 1947. The final phase is the 1950s and 1960s—when there was a big fall in the death rate and, very cautiously, a family planning programme was introduced. The chapter also considers developments relating to the urban sector, migration, and regional demographic variation. It concludes by noting that, with little sign of a fall in the birth rate, by 1971 there was increasing disappointment and concern about the performance of the family planning programme.
From Anxiety to Unconcern on Population
Authors: Dyson Tim
Published: October 2018

India experienced substantial mortality decline in the decades after 1971. By 2016 life expectation probably averaged about 68 years. However, much of the mortality decline resulted from narrow technical developments (e.g. immunizations) and was not always matched by commensurate advances in the state of the population’s health. The Emergency of 1975–77 led to sterilization excesses, and there was a backlash against the family planning programme. Subsequently, political leaders generally avoided talking about family planning and population growth. Partly as a result, the pace of fertility decline during 1971–2016 was slow. By 2016 the average level of fertility was about 2.4 births per woman. It was not until the 2001–11 intercensal decade that there was an appreciable fall in the rate of population growth. Consequently, between 1971 and 2016 the population grew from 548 million to more than 1.3 billion.
Conclusion
Authors: Dyson Tim
Published: October 2018

This chapter reviews the various assessments of the size of India’s population that have emerged in the book. It also comments briefly on some general issues. These issues include: the matter of past fluctuations in the size of the population and how they may—or may not—have been related to changes in the resource base; the degree to which trends in India’s population may—or may not—have corresponded to the population trends that were common to both Europe and China; the existence and influence of different demographic regimes; and the question of why before the nineteenth century there is such a chronic scarcity of data relating to India’s population.
The electron as a wave
Authors: Solymar L. , Walsh D. , Syms R. R. A.
Published: October 2018

Discusses the Davisson–Germer experiment in which electrons pass through a screen having one or two slits, and shows the necessity for a wave theory. The operation of an electron microscope is explained and some properties of the waves including the uncertainty between the simultaneous determination of position and momentum of the particle. Analogies with classical phenomena are discussed, namely the Fourier transform relationship between pulse length and spectral width, and the size of an aperture aerial and its relationship to the beamwidth.
The free electron theory of metals
Authors: Solymar L. , Walsh D. , Syms R. R. A.
Published: October 2018

The model of the free electron theory is presented. The density of states and the Fermi–Dirac distribution function are discussed, leading to the specific heat of the electrons, the work function, thermionic emission, and the Schottky effects. As examples of applications the field-emission microscope and quartz–halogen lamps are discussed. The photoelectric effect and the energy diagrams relating to the junction between two metals are also discussed.
Artificial materials or metamaterials
Authors: Solymar L. , Walsh D. , Syms R. R. A.
Published: October 2018

The difference between natural and artificial materials is explained. The equivalent plasma frequency of wire media is derived. A list of metamaterial resonators is presented. The possibility of achieving negative refraction and its significance are discussed. It is shown that under certain circumstances it is possible to produce a perfect lens that could transfer evanescent waves aswell. Themulti-layer lens is shown to have advantages over the single-layer lens. The operation of a SiC lens based on the negative dielectric constant due to optical phonons is discussed. Detectors for magnetic resonance imaging, relying on the resonance of magnetoinductive waves are shown to be a potential application.
Tradition and Human Life
Authors: O’Collins, SJ Gerald
Published: October 2018

Help towards understanding the human and religious functions of tradition comes from such sociologists as Peter Berger, Anthony Giddens, and Edward Shils. Tradition by Shils continues to illuminate how, although human beings modify inherited beliefs and change traditional patterns of behaviour, the new always incorporates something of the past. Shils takes a global view of tradition; it embodies everything individuals inherit when born into the world. It is through tradition that new members of society begin to identify themselves. The bearers of tradition may be not only official but also ‘learned’ and ‘ordinary’. Shils dedicates many further pages to changes in traditions and the forces leading to these changes. What sociologists like Giddens say about globalization also affects theological reflection on tradition. Surprisingly, the very few theologians who have published on tradition have ignored the sociologists.
Discerning Particular Traditions
Authors: O’Collins, SJ Gerald
Published: October 2018

We can name particular Christian traditions that have worked and continue to work: for instance, pilgrimages, the use of icons, and the Advent service of Nine Lessons and Carols. Other traditions have been discerned and found wanting: for instance, failures in accepting religious freedom and in relationship with the Jewish people. Shared pastoral experience has led Pope Francis (‘The Joy of Love’ of 2016) to reform a tradition about Holy Communion being unavailable for the divorced and civilly remarried. The inspired biblical record of prophetic and apostolic traditions must play its essential role in contemporary discernment. In testing traditions, Roman Catholics should be open to learning from their fellow Christians, from ‘other’ religious faiths, and from the secular world. Discernment should be guided by such questions as: ‘What changes does Christ call for in the traditions we have inherited?’
The Preliminary Rulings Procedure: Cornerstone or Broken Atlas?
Authors: Baquero Cruz Julio
Published: October 2018

This chapter examines how Union law and the Court of Justice would not be what they are without the preliminary rulings procedure. This procedure occupies a central position among all the other ways to bring cases to the Court, and also has a key position among all the procedures connecting institutions and framing the use of power in the Union. Its development and current state also bear witness to the promise and difficulties of integration, starting from the initial hopes, fuelled by historical consciousness, and leading to the current disaffection and blindness, and the attendant risks for its civilizational achievements. The chapter illustrates the reasons for this procedure’s centrality in the system, explores its strengths and weaknesses, and proposes new avenues for its future understanding.
Rigidity, Fragmentation, and the Allure of International Law
Authors: Baquero Cruz Julio
Published: October 2018

This chapter reflects on the different ways the Union has used to adapt itself to changing circumstances, and their limits: the rigid Treaty revision procedure, case law, variable geometry and enhanced cooperation, and the phenomenon of international agreements among all or some Member States in areas that could fall within the scope of Union law, such as the Treaty establishing the European Stability Mechanism. The chapter discusses in detail the causes and consequences of those international agreements, analyzing the ways in which the Court has tried to frame them, in particular in the Pringle judgment.
Concluding Thoughts
Authors: Baquero Cruz Julio
Published: October 2018

This concluding chapter reviews how the grave crisis that has been haunting the Union has exposed the fragility of the European construction, and among all its elements the impermanence of its law, which many see as an remnant from the past—an obstacle that prevents the Member States from returning to the dubious paradise of unfettered sovereignty. This explains all the pressures exerted to transform integration and its law into a more flexible framework of cooperation. The chapter recalls the reasons for preserving a robust supranational rule of law in the Union and explores the conditions required to make it possible.
Traditional and Customary Law: Adat
Authors: Butt Simon , Lindsey Tim
Published: October 2018

Many Indonesians—primarily those living in rural areas—still follow customary law (adat). The precise rules and processes of that adat differ significantly from place to place, even within short distances. This chapter shows that for many decades, adat has been subservient to national law. State-made law overrode it, leaving it applicable only in a very small proportion of cases where no national law applied, where judges could apply it as ‘living law’. Even in these cases, many judges ignored adat or distorted it when deciding cases. The 1945 Constitution was amended in 2000 to require the state to formally recognize and respect customary law, as practised in traditional communities. The Constitutional Court has given effect to this in various judicial review cases, as have some statutes enacted in the past decade or so. However, this constitutional and statutory ‘protection’ has been impeded in practice by requirements for traditional communities to be formally ‘recognized’ by their local governments, many of whom have been unresponsive to calls for recognition.
Substantive Criminal Law
Authors: Butt Simon , Lindsey Tim
Published: October 2018

The sources of Indonesian criminal law are numerous. The backbone of substantive criminal law is the Criminal Code (KUHP), which was first applied in Indonesia during Dutch colonialism in 1918 and endorsed in 1946, after Independence. Today, most of this Code remains intact but for a handful of additions and deletions. Criminal law reform has proceeded largely through enactment of ‘special criminal laws’ governing particular offences. The government has, for many years, recognized that the Code is out-of-date, and replacements have been drafted and debated but none agreed upon. The most recent draft, which this chapter discusses, retains or adds controversial offences, including defamation, prostitution, homosexuality, and blasphemy. Meanwhile, Aceh province has had authority to impose its own criminal laws, based on Islamic law, since 2006. These are, by modern standards, archaic and appear to breach a range of human rights, both domestic and international.
Criminal Procedure
Authors: Butt Simon , Lindsey Tim
Published: October 2018

This chapter discusses the criminal procedure laws applicable before a defendant is tried. It is intended to be read alongside Chapter 12, which covers criminal procedure during trials, appeals, post-conviction avenues (including clemency and parole), and potential reforms. This chapter outlines the rules in the Code of Criminal Procedure (KUHAP) relating to police arrest, detentions, and investigations, and the circumstances in which cases may proceed for prosecution. During these stages of the criminal process, suspects and defendants have various ‘on paper’ rights, including: to silence; legal assistance; and to challenge their arrest, detention, or being named a suspect. However, as this chapter shows, these rights are, in practice, routinely ignored.