bluuebunny/crossref_metadata_2025 huggingface dataset:
Why Is Voting Special?
Authors: Maskivker Julia
Published: October 2019

This chapter concentrates on the argument that voting is a moral duty even if it is true that other ways of helping society exist, many of which are discharged in non-political ways. The chapter shows that voting is morally special in its own right regardless of the fact that citizens may also be bound to discharge other duties of aid. Because governments are powerful entities that distribute and shape access to basic social goods as no other organization does, the mechanism to install them is unique and deserves moral attention separately. Other political, non-electoral ways of influencing government matter, but they lose all relevance if elections are absent.
Voting and Collective Rationality
Authors: Maskivker Julia
Published: October 2019

This concluding chapter offers a final overview of the argument for a Samaritan duty of justice via the vote. It reminds us that voting with care is not the stuff of experts but of informed regular citizens, and that it is not the task of Saints—it is well within the scope of common morality. The chapter offers a condensed summary of the skeptics’ views against the morality of voting and highlights their most evident errors and fallacies. If voting carelessly is wrong despite its negligible impact as an individual act, that means that good individual votes ought not to be dismissed as morally trivial because they are drops in a proverbial ocean of votes, either. There is something else to the morality of voting, it is the commitment it denotes on the part of citizens who, together, can make a difference. The chapter also addresses the possibility that we can value voting (and democracy) instrumentally because of its capacity to bring about justice as well as intrinsically because of its power to reflect equality of political influence and collective self-government.
Pantheism
Authors: Stevenson Leslie
Published: October 2019

Spinoza identified God with the whole of nature. In his rationalist vision everything happens with necessity, according to the laws of nature. This applies to human nature, too, and leaves no room for free will or for special actions of God. Hegel’s philosophy of Absolute Spirit working through history sounds more sympathetic to theism, but is ambiguous.
Religious Experience
Authors: Stevenson Leslie
Published: October 2019

Rudolf Otto made an influential study of the non-rational element in religion, arguing that religious awe is a human universal. But he claimed that its higher forms are found in the book of Job and in Christianity, Kierkegaard’s notion of subjective truth is in danger of neglecting the objective content of faith.
Forgiveness and Grace
Authors: Stevenson Leslie
Published: October 2019

What can be said on either side of the God-relation? Andre Louf provides a vivid account of human repentance and God’s forgiveness and grace. Tillich provides an own account in his own terminology. Both emphasize the reality of God’s love and forgiveness.
Stability Matters
Authors: Gottfredson Michael , Hirschi Travis
Published: October 2019

With regard to crime, stability does not imply once a crook always a crook, that levels of crime or problem behaviors remain at the same rate over time and do not fluctuate, or that crime is caused only by variation in self control. It does mean that some characteristic or characteristics of the person cause crime rate differences over large periods of time. This chapter reviews and critiques developmental criminology and longitudinal studies of crime causation. It provides a critical evaluation of the use of the concept of stability in research about crime and on how prior record and early childhood effects have been misspecified in criminology. In addition, it critically evaluates the turning points, transition, and desistence research. Critiques of tests of the self-control concept in developmental and life-course research are presented. The role of individual differences in sociological theories of crime and delinquency and common problems with inferences from longitudinal data are discussed.
Moving Control Theory Forward
Authors: Gottfredson Michael , Hirschi Travis
Published: October 2019

Research on self control from several disciplines demonstrates that relatively high levels of self control, emerging from childhood, create considerable personal advantages that accumulate throughout life. This chapter summarizes modern control theory and discusses directions for future development. It highlights the advantages of control theory, including disciplinary-free definitions of human nature and self control and the focus on childhood socialization. The potential for advances in measurement and application is described. Contributions of the theory to public policy are summarized. The role of higher levels of self control for lifelong advantages and the benefits of prevention are described as expectations of the theory worthy of considerable attention. The value of the theory for macro and comparative criminology is discussed.
Quarantined Material
Authors: Notley Margaret
Published: October 2019

Two out of three Liebestod passages in Lulu appear in Act 3; at the same time, Berg based Act 3 entirely on quarantined material from the Ur-Lulu, Acts 2 and 3 of Die Büchse der Pandora. This chapter discusses in detail Wedekind’s censorship trials in 1905–1906, which had to do with the play as a publication. After the trials, Wedekind prepared a new edition in 1906 with a misleading preface that included the court documents, which in a 1911 edition, he replaced with another paratext, an ironic prologue. The chapter addresses the unpromising aspects of Wedekind’s Act 2 that would have challenged a composer with Berg’s artistic sensibilities, and it takes up the question of whether we should consider Lulu’s clients in the final scene to be equivalent to her husbands in the first half and what is at stake in doing this.
Penal Severity and the Modern State
Authors: Lippke Richard L.
Published: October 2019

Penal severity in the modern state is best understood in terms of right abridgment, which must be kept parsimonious, proportionate, and nondegrading if sanctions are to remain consistent with respect for the basic moral rights of individuals that is required of everyone, including state officials. Although there is disagreement about which basic moral rights individuals possess, there is enough overlap among the competing views to yield a consensus account of penal severity. For the most part, the state need not and should not be concerned with the ways in which penal sanctions are subjectively experienced by offenders. The modern state is supposed to keep its distance from the internal lives of individuals, instead securing for them the rights that make it possible for them to carve out and live lives of their own choosing. As long as individuals have fair notice of the defensible penal sanctions that await them if they violate the criminal law, they should be understood to have risked the aversive experiences that await them upon criminal conviction.
Crime and Punishment
Authors: Friedman Lawrence M.
Published: October 2019

This chapter discusses the development of criminal law in the second half of the nineteenth century, covering the statute law of crimes, crime rates, insanity, punishment and correction, and victimless crimes. The formal criminal law in the late nineteenth century was by and large a matter of statute. The concept of the common-law crime had been wiped out in federal law. The concept also decayed on the state level. As of 1900, some states still technically recognized the possibility of a common-law crime. Other states, by statute, had specifically abolished the concept. Only acts listed in the penal code were crimes, and nothing else. In some states, the courts construed their penal codes as (silently) abolishing common-law crime. Where the concept survived, it was hardly ever used; the penal codes were as a practical matter complete and exclusive—the total catalog of crime.
Beat and Square Cold War Encounters
Authors: Sheppard W. Anthony
Published: October 2019

This chapter is focused on the transnational influences of Japanese music during the Cold War and on music’s role in U.S. cultural diplomacy efforts aimed at Japan. This includes examples of numerous American jazz musicians (David Brubeck, Duke Ellington, Herbie Mann) who were sent to Japan and who created musical “impressions” of their experience. A primary focus in on the 1961 Tokyo East-West Music Encounter organized by Nicolas Nabokov and attended by multiple American composers (Lou Harrison, Henry Cowell, Colin McPhee) and scholars (Robert Garfias). The chapter then details the broad influence of gagaku on European (Messiaen, Stockhausen, Xenakis) and American composers, focusing particularly on Alan Hovhaness. Experimental composers, such as Richard Teitelbaum, inspired by John Cage’s engagement with Zen also turned toward Japan. The chapter concludes with an extended discussion of the role of Japanese music and Japanese composers (particularly Toru Takemitsu) in the career of Roger Reynolds.
Memory as a Generative Epistemic Source
Authors: Fernández Jordi
Published: October 2019

Chapter 7 discusses the question of whether memory only preserves epistemic justification over time, or can also generate it. Three defenses of the view that memory generates epistemic justification are considered. These three defenses appeal to the notions of attention, abstraction, and reconstruction in memory. It is argued that none of the three defenses succeeds in showing that memory generates epistemic justification. However, it is also argued that memory does generate epistemic justification. This is due to the self-referential content that memories have. What one may believe on the basis of a memory, if that memory has a self-referential content, includes things that one was not in a position to believe before one utilized that capacity. In that sense, memory produces new grounds, or evidence, for belief through the process of remembering.
State Identity and Legal Policies
Authors: Cai Congyan
Published: October 2019

This chapter aims to answer the following questions: How has China’s state identity changed since the nineteenth century when the Chinese empire began to be forced to engage with the Western world, especially since the founding of the PRC in 1949 when China had begun to embrace socialist ideology and regime at odds with those in the Western world? What is China in the twenty-first century? What implications does China’s identity have on its international legal policies? How does China respond to the conventional assumption of the relationship between state identity and behaviors? And how does China seek to reduce the potential dissonance between its new identity and behavior, as well as reassure other countries that are wary about the rise of China?
Institutions
Authors: Cai Congyan
Published: October 2019

This chapter examines how China engages with international institutions and how China organizes its national institutions to enhance its rise. On the one hand, this chapter finds the typology of the Chinese approach to international institutions: outsider, partner, member, and sponsor. On the other hand, this chapter, from the perspectives of the public-public mechanism and the public-private mechanism, examines how Chinese institutions interact with each other to enhance the rise of China. This chapter not only demonstrates how China engages other countries in the era of international institutionalization at the international level, but also how China takes advantage of its own unique institutional strength to enhance its rise at the national level.
Chinese Courts
Authors: Cai Congyan
Published: October 2019

This chapter explores the context, dynamics, methods, structure of the application of international law in Chinese courts and new roles that Chinese courts seek to play in the context of the rise of China. This chapter first discusses the implications of national courts on international rule of law and national rule of law by applying international law. It then examines the factors that are relevant to the application of international law by Chinese courts. More importantly, this chapter finds how Chinese courts, in order to enhance the rise of China, structurally apply international law, thereby showing the long-term judicial policy of China toward the application of international law. This chapter inform how national courts are organized and organize themselves to coordinate with other governmental organs to pursue public policies.
Toward a Stable Tokenized Medium of Exchange
Authors: Lipton Alexander
Published: October 2019

This chapter discusses the current state of the crypto land and argues that stable crypto tokens, which can be viewed as an electronic analogue of cash, can help augment the existing TCP/IP (Transition Control Protocal/Internet Protocol) with a much-needed mechanism in order to bring existing banking and payment systems into the twenty-first century. It describes three existing approaches to designing such tokens—fiat collateralization, cryptocurrency collateralization, and dynamic stabilization—and concludes that only regulatorily compliant fiat-backed tokens are viable in the long run. It also discusses asset-backed cryptocurrencies and argues that in some instances they can provide a much-needed counterpoint for today's fiat currencies, and pave a way forward toward ensuring world-wide financial stability and inclusion.
Blockchains and Risk Management Infrastructure of the Derivatives Industry
Authors: Walker Petal P.
Published: October 2019

This chapter explores vectors necessary for tackling the integration issues posed by blockchain technologies in derivatives markets. It begins with an overview of a typical derivatives transaction and a discussion of the basic regulatory infrastructure designed to address the risks of the derivatives markets today, including its registration regime. Next the chapter provides an overview as to how blockchain could be applied in the derivatives markets. In a third step, it explores the ways in which a blockchain-based derivatives market could possibly reduce risk, followed by an overview of some of the risk concerns about blockchain raised by market participants and how they may be addressed. The chapter concludes by considering an issue that has escaped considerable attention—how the application of today's risk-based registration regime on tomorrow's blockchain market may actually increase risk.
Difficulties in Achieving Neutrality and Other Challenges in Taxing Cryptoassets
Authors: Waerzeggers Christophe , Aw Irving
Published: October 2019

The recent volatility in cryptoassets prices—booming to almost USD 800 billion in estimated market capitalization early 2018 only to collapse to about a quarter of that value by the time of writing—has generated strong interest from governments and tax administrations in considering the appropriate tax treatment of transactions in, and relevant gains derived by taxpayers from the acquisition and disposal of, cryptoassets. This chapter provides an overview of the main challenges and key considerations for tax law policymakers wishing to design or benchmark their tax law framework for cryptoassets. It is organized as follows: The second section discusses the classification challenges that tax law policymakers and tax administrations typically face in relation to cryptoassets. The third section proceeds to discuss some of the key tax law considerations when considering basic forms of activities and transactions with respect to cryptoasset. The fourth section draws some preliminary conclusions.
Historical Foundations of Canadian Child Welfare and Mandatory Reporting
Authors: Tufford Lea
Published: October 2019

This chapter explores the historical foundations of Canadian child welfare and mandatory reporting of child maltreatment. The first section addresses the changing conceptions of childhood from the Middle Ages through Canadian confederation to the present time. Legislation, both Canadian and international, which has profoundly impacted children’s lives is reviewed along with prominent figures who have increased our understanding of the attachment needs of children. What follows is an overview of the historical rise of the child welfare system in Canada and the jurisdictional separation of child welfare under provincial and territorial realms. The final section addresses the involvement of Canada’s Indigenous children in the child welfare system and provides a comprehensive overview of historical injustices against Indigenous peoples.
Ethical and Legal Issues in Mandatory Reporting
Authors: Tufford Lea
Published: October 2019

The purpose of this chapter is to explore ethical and legal concerns that relate to the mandatory reporting of child maltreatment including informed consent, confidentiality, reasonable suspicion, and penalties for false or nonreporting. Informed consent with individuals with limited English language skills is specifically addressed. In addition, the chapter provides an overview of the perceived benefits and challenges of mandatory reporting and who is considered a mandatory reporter in Canada. Documentation is discussed, and a case example is provided. The chapter discusses mandatory reporting legislation and both the benefits and criticism of this legislation and recording suspicions of child maltreatment will conclude the chapter.
Risk Factors in Child Abuse and Neglect
Authors: Tufford Lea
Published: October 2019

This chapter examines the risk factors for child abuse and neglect from the perspective of the child, parent, family, community, and culture. There are many issues that may contribute to child abuse, but some factors increase the risk to children and make them more vulnerable to abuse. They can be found in the background of parents, in the environmental situation, and in attributes of the child themselves. The child’s culture and level of community support may also be risk factors in child abuse and/or neglect. Risk factors are characteristics associated with child maltreatment and may or may not be direct causes.
Disclosure of Child Abuse and Neglect
Authors: Tufford Lea
Published: October 2019

The purpose of this chapter is to examine disclosures of child maltreatment by children and youth. When children and youth disclose abuse or neglect, this increases the possibility of access to supportive and therapeutic resources for these vulnerable individuals. In turn, access to resources can mitigate the risk to their health and well-being. The chapter first presents the classifications of disclosures as they have come to be understood in the literature. An exploration of disclosures by children and youth with specific attention to age, gender, and type of maltreatment is essential to understand how disclosure differs between children and youth. Finally, the chapter addresses how mandatory reporters should respond to a disclosure with specific recommendations.
The Moral Argument
Authors: Baggett David , Walls Jerry
Published: October 2019

The history of the moral argument is a fascinating tale to tell. Like any good story, it is full of twists and unexpected turns, compelling conflicts, rich and idiosyncratic characters, both central and ancillary players. The narrative is as labyrinthine and circuitous as it is linear, its point remains to be fully seen, and its ending has yet to be written. What remains certain is the importance of telling it. The resources of history offer a refresher course, a teachable moment, a cautionary tale about the need to avoid making sacrosanct the trends of the times, and an often sobering lesson in why reigning assumptions may need to be rejected. If insights from luminaries of moral apologetics prove penetrating and their challenges formidable, then an intentional effort to recapture the richness of the history of the moral argument will likely prove to be illuminating. This book lets the argument’s advocates, many long dead, come alive again and speak for themselves. An historical study of the moral argument is a reminder of how classical philosophers were unafraid to ask and explore the big questions of faith, hope, and love; of truth, goodness, and beauty; of God, freedom, and immortality. It gives students and scholars alike the chance to drill down into their ideas, contexts, and arguments, inviting us all to learn to live with the moral argument. Only by a careful study of its history can we come to see its richness and the fertile range of resources it offers.
Open Networks and Closed Circuits
Authors: Cohen Julie E.
Published: October 2019

Both nation-states and intellectual property owners have sought to impose interdiction obligations on network intermediaries. This chapter considers the extent to which such efforts have begun to coalesce into more definite patterns. Narratives about the dangers of uncontrolled information flow, including threats to public safety, threats to information property, and threats to state authority, have morphed into expansionist accounts of existential threat that are thought to justify correspondingly broad countermeasures. Meanwhile, powerful new platform intermediaries have resisted the imposition of formal interdiction mandates, seeking arrangements that better serve their own interests. In some contexts, struggles among competing authorities have produced institutional settlements that involve strong legal mandates; in others, platform-based, algorithmically mediated “self-regulation” has emerged as the path of least resistance. Meanwhile, logics of fiat interdiction have become progressively normalized within legal and policy discourses.
The Regulatory State in the Information Age
Authors: Cohen Julie E.
Published: October 2019

This chapter explores changes in institutions and processes for economic regulation. The emergence of the platform as informational capitalism’s core organizational logic and of datafication as its principal logic of commodification have disrupted traditional, industrial-era approaches to defining both markets and harms, making it more difficult to articulate compelling accounts of what precisely should trigger regulatory oversight and enforcement. At the same time, settled ways of thinking about the appropriate modalities of administrative lawmaking have come under challenge. Emergent institutional models for oversight of information-economy activities are procedurally informal and emphasize ongoing compliance with performance-based standards intended to guide complex, interdependent sets of practices. Those models also reflect the influence of the managerial turn. They rely heavily on privatized self-regulation, compliance certification by professional auditors, and financialized review to minimize regulatory burdens and costs, and they have tended to be both opaque to external observation and highly prone to capture.
Networks, Standards, and Transnational Governance Institutions
Authors: Cohen Julie E.
Published: October 2019

This chapter juxtaposes the various governance processes that have emerged in the domains of world trade, transnational business regulation, and internet governance and treats them explicitly as iterations of an emergent network-and-standard-based legal-institutional form. Network-and-standard-based governance institutions are situated within larger assemblages for transnational legal ordering. Their operations reflect complex and mutually interpenetrating sets of relationships and practices that involve a heterogeneous array of public, private, and public-private actors and associations. The shift to a networked and standard-based governance structure reshapes modes of lawmaking and enforcement, patterns of contestation over lawmaking authority, and structures for participation and accountability in ways that pose important challenges both to the realizability of traditional rule-of-law values and to traditional conceptions of the institutional forms that those values require.
The Future(s) of Fundamental Rights
Authors: Cohen Julie E.
Published: October 2019

This chapter considers the effects of digital disruption on the recognition and enforcement of fundamental human rights. It maps three overlapping and mutually reinforcing sets of trends. First, traditional mechanisms for defining and enforcing human rights have begun to unravel, and that process has created points of entry for new discourses and practices organized around managerial and technical expertise and optimistic notions of corporate social responsibility. Second, strategies for bottom-up cultural and political production have enabled powerful new forms of resistance but have been far less successful at underwriting new institutional forms dedicated to ensuring more widespread protections for all people. In particular, platform-based, massively intermediated media infrastructures both facilitate and co-opt bottom-up cultural and political production and amplify both benevolence and malevolence. Third, other emergent discourses about the nature and importance of fundamental rights reinforce the normative authority of powerful, nonhuman actors.
Introduction
Authors: Givens Terryl , Hauglid Brian M.
Published: October 2019

The proposal to canonize the Pearl of Great Price in 1880 took the form of a six-word parenthetical—“also the Pearl of Great Price”—with not a word of commentary, explanation, or motive. This is ironic because the elevation to canonical status of a work first published as a pamphlet twenty-nine years earlier by the president of the British Mission was vastly more significant than the mere expansion of the Doctrine and Covenants, and more far-reaching in its effects than John Taylor’s assumption of the title of church president. A set of texts attributed to Abraham and deriving from Egyptian papyri, along with purported writings of Moses and Enoch the prophet, in addition to autobiographical elements from Joseph Smith’s personal writings, constituted the bulk of this new compilation, giving canonical status to the tradition’s richest—and most controversial—theological writings and to an autobiographical narrative written by its founder, Joseph Smith. There were several precedents to this volume of scripture, but none achieved its breadth or theological significance.
“Owing to the Many Reports”
Authors: Givens Terryl , Hauglid Brian M.
Published: October 2019

In 1832, Joseph Smith first recorded an encounter with God, now commonly referred to as his “First Vision.” In 1838, he recorded a more detailed account. Other, secondhand recitals exist as well. In recent years, critics have pointed to apparent discrepancies in the narratives. For example, angels appear in some but not others. Smith’s first version appears to reference one divine figure; the 1838 version describes two. His personal spiritual standing is the focus of the 1832 version, and the state of the Christian world the focus of the second. This chapter elucidates the varying contexts for the production of the different narratives, seeks to understand the conditions of their creation, and identifies features common and consistent to all of them.
Loving Music Till It Hurts
Authors: Cheng William
Published: October 2019

Can music feel pain? Do songs possess dignity? Do symphonies have rights? Of course not, you might say. Yet think of how we anthropomorphize music, not least when we believe it has been somehow mistreated. A singer butchered or mangled the “Star-Spangled Banner” at the Super Bowl. An underrehearsed cover band made a mockery of Led Zeppelin’s classics. An orchestra didn't quite do justice to Mozart’s Requiem. Such lively language upholds music as a sentient companion susceptible to injury and in need of fierce protection.
Prelude
Authors: Cheng William
Published: October 2019

Loving music till it hurts: it’s something many of us are likely familiar with. First, we know what it’s like to love certain music so much, it hurts—that deep and aching feeling of being moved to tears, chills, and supreme wonder. Second, we know what it’s like to love such music until we believe the music itself is capable of feeling hurt. (Can music experience pain? Not literally. Yet think of how we anthropomorphize music, not least when we believe it has been somehow mistreated: a singer butchered the noble “Star-Spangled Banner,” a pianist mangled the delicate Mozart sonata.) Lastly, we might love music so much, we end up hurting other people. This book’s Prelude outlines how people’s love of music can spark behaviors, attitudes, and discourses that demonstrate a fierce protectiveness of music, sometimes to the detriment of fellow human beings. A central question here concerns whether people can find ways to love music without intentionally or unintentionally weaponizing this love—that is, without allowing it to serve oppressive, discriminatory, and violent purposes.
Postlude
Authors: Cheng William
Published: October 2019

A brief Postlude critiques societies’ common narratives around trauma as a source of beauty, musical and otherwise. It asks whether tropes of “tortured artists” and “no pain no gain” foreclose imaginations of realities in which the beautiful can—or should—exist without the romantic mandates of incipient terror.
Clitic Doubling in a Doubling World
Authors: Di Tullio Ángela , Saab Andrés , Zdrojewski Pablo
Published: October 2019

This chapter places Clitic Doubling in Argentinean Spanish into the broad perspective of pronominal doubling phenomena. A series of diagnostics is presented based on the interaction of Clitic Doubling with its PF/pragmatic effects, on the one hand, and its syntactic/LF effects, on the other. An important conclusion is that Clitic Doubling must be kept apart from Clitic Right Dislocation and Clitic Left Dislocation. Clitic Doubling is thus conceived of the morphological reflex of the abstract composition of object DPs; concretely, it is an A-dependency triggered whenever the object possesses a [person]-feature, an observation called the Person Feature Condition. So, under the minimal assumption that [3P] features can be optionally encoded on lexical DPs in Argentinean Spanish, but that it is only specified for pronouns in other Spanish dialects, variation facts associated with this phenomenon are explained. By the same token, the different behavior of doubled and nondoubled objects in several syntactic/LF configurations also follows.
Mexico
Authors: Fairbrother Malcolm
Published: October 2019

Mexico came to North American free trade in a very different way than Canada. Unlike in Canada, not even economists favored greater integration with the United States before the 1980s. Over the course of the 1980s, however, the worldviews of Mexican economists, and then the country’s political and administrative elites, changed substantially. Economic crises and ongoing negotiations between the Mexican government and its foreign creditors reshaped the domestic political field, and a new generation of “technocrats” with PhDs in economics from prestigious American universities came to occupy most top posts in government. Under the technocrats, Mexico joined the multilateral trading system, and then in 1990 began negotiating North American free trade—even in the absence of broad-based support from businesspeople. The undemocratic Mexican state limited the opportunities for either dissident businesspeople or civil society to criticize its free trade initiative.
Afterword
Authors: Fairbrother Malcolm
Published: October 2019

This afterword examines the track record of free trade in North America, and what impacts it had in a number of areas. These range from trade and investment flows, and economic growth, to inequality, labor and environmental conditions, migration, regional cooperation, and democracy and human rights in Mexico. Advocates and critics made many predictions about the near- and long-term impacts of CUFTA and NAFTA, and in hindsight some of those predictions were correct and some were not. These agreements succeeded in knitting together the three previously more segmented national economics, but their benefits in terms of welfare have been limited.
Introduction
Authors: Albert Richard
Published: October 2019

What is an amendment? This chapter shows why this question is central to the study of constitutional change. Some constitutional changes are identified as amendments but in reality may be more. Whether a constitutional change is an amendment entails implications for how the change must be made, whether a court can and should evaluate its constitutionality, and what the change requires for legitimation. This chapter returns to the origins of formal amendment—to the Articles of Confederation, America’s first constitution, which codified the very first amendment rule in a national constitution—to uncover the foundations of amendment practice and what makes an amendment different from other constitutional changes. This chapter moreover raises a question about an increasingly common phenomenon that straddles the border of legality and legitimacy: the violation of amendment rules. This chapter explains that the Indian basic structure doctrine and Bruce Ackerman’s theory of constitutional moments are, at bottom, variations on the same theme we see all over the world: changes to amendment rules that occur in defiance of the rules of formal amendment. Many examples follow to illustrate this point. The chapter closes by describing and situating the importance of the chapters to follow in this book. This chapter considers constitutions from around the globe.
The Architecture of Constitutional Amendment
Authors: Albert Richard
Published: October 2019

Constitutional amendment rules were once very simple in their design. A constitution codified a one-size-fits-all procedure for amendments to any part of the constitution, and that was it. Today, amendment rules are considerably more complex in their design and in the possibilities they offer constitutional designers for structuring their rules of constitutional change. This chapter examines the architecture of constitutional amendment, specifically the options available to constitutional designers to build their own rules of change. This chapter also weighs the strengths and weaknesses of these options and offers some guidance on when one choice may be better than another. This chapter compares single-track and multi-track pathways in constitutional amendment, single-subject and omnibus amendment bills, and procedures for amendment and dismemberment. This chapter also explains why codified unamendability is problematic for democracy and suggests an alternative design that can achieve the expressive function of unamendability while not denying the fundamental right of amendment. This chapter moreover examines the important relationship between time and change, namely how constitutional designers can use and manipulate time in their design of amendment rules. Finally, this chapter explores judicial review of constitutional amendments, beginning first by explaining eight strategies a court can use to invalidate an amendment and then elaborating several alternatives to the judicial invalidation of constitutional amendments. What results is a deep dive into the design of amendment rules. This chapter considers constitutions from around the globe.
Conclusion
Authors: Albert Richard
Published: October 2019

There are presently too few resources to guide constitutional designers in building the rules of constitutional amendment. This chapter offers a roadmap for designing constitutional amendment rules. As is true of building an edifice, constructing the rules of constitutional change requires careful thought about design and operation. This chapter explains that amendment rules are organized around four sets of fundamental choices requiring designers to set the foundations of the polity, to choose among pathways to initiate, propose and ratify an amendment, to select specifications that will put the foundations and pathways into operation, and finally to determine how and where amendments will be recorded. This chapter also explains that formal amendment as a practice reflects the democratic values of the rule of law, including predictability, transparency, and publicity. There are of course advantages to informal amendment and methods of change that violate the codified rules of change, but there are even greater democracy-enhancing virtues that are possible only with formal amendment. This chapter considers constitutions from Austria, Costa Rica, Great Britain, India, Ireland, Spain, Switzerland, and the United States.
The Salon, the Stage, and Porfirian Nostalgia
Authors: Avila Jacqueline
Published: October 2019

Chapter 2 discusses the nostalgic, cinematic depiction of upper-class society during the cosmopolitan Porfiriato. Although the era has been seen as an oppressive, corrupt, and violent period, this film genre portrays the Porfirian elite. The genre was particularly focused on portraying the female bourgeoisie, a reserved and restricted class preoccupied with marrying well and maintaining a high social status through strict and traditional (especially religious) social decorum and manners. The genre concentrated on women’s positions, the act of coupling, and conservative social mores, all of which were emphasized through musical traditions from the Porfirato. This chapter examines three hallmark films: En tiempos de don Porfirio (1939), ¡Ay, qué tiempos señor don Simón! (1941), and México de mis recuerdos (1944). The performed works in these films intertextually reference both the developing romantic narrative and the social contradictions of Porfirian culture, particularly concerning gender roles, social mores, and conceptions of decency.
Violent Rituals of the Hebrew Bible
Authors: Olyan Saul M.
Published: October 2019

Although seldom studied by biblical scholars as a discrete phenomenon, ritual violence is mentioned frequently in biblical texts, and includes ritual actions such as disfigurement of corpses, destruction or scattering of bones removed from a tomb, stoning and other forms of public execution, cursing, forced depilation, the legally sanctioned imposition of physical defects on living persons, coerced potion-drinking, sacrificial burning of animals and humans, forced stripping and exposure of the genitalia, and mass eradication of populations. This book, the first to focus on ritual violence in the Hebrew Bible, investigates these and other violent rites, the ritual settings in which they occur (e.g., the temple, the royal court, the battlefield), their various literary contexts (e.g., legal texts, narrative, visions, dreams, and oracles), and the identity and aims of their agents in order to speak in an informed way about the contours and social aspects of ritual violence as it is represented in the Hebrew Bible.
Introduction
Authors: Olyan Saul M.
Published: October 2019

In this introduction, the author seeks to theorize violence, ritual, and ritual violence. The author argues that violence is best understood as action that is intended by an agent to do harm to a patient in some way in the sociocultural context in which it occurs, and the author understands rites as functioning both to realize and communicate social change and continuity. Ritual violence, for its part, combines characteristics of both violence and ritual, often employing inversion of established rites as a strategy to accomplish injurious goals such as the humiliation of a political opponent or wrongdoer. After reviewing ritual violence in biblical scholarship, the introduction ends with an outline of the shape of the book and comments on the author’s approach to the material (strictly academic) and on what we can know of violent rites in ancient Israel.
Ritual Violence Prescribed
Authors: Olyan Saul M.
Published: October 2019

This chapter considers the representation of violent rites in legal texts. The chapter begins with a review of scholarly debates on the nature and function of biblical law and then moves on to consider striking examples of prescribed ritual violence for punitive purposes (Deut 13:7–12; 25:5–10; and Lev 24:19–20). After this, violent rites that serve nonpunitive purposes are investigated. These include animal and human sacrifice as well as the rites of Num 5:11–31, as the latter have a probative dimension in addition to their punitive aims. A detailed consideration of the rites of mass eradication (the ḥērem) rounds out the chapter.
Ritual Inversion and Mitigating Rites as Components of Ritual Violence
Authors: Olyan Saul M.
Published: October 2019

This chapter focuses on ritual inversion as a phenomenon as well as what the author calls mitigating rites. While ritual inversion might transform agents into patients; advocates and defenders into antagonistic aggressors; or routine, nonviolent and, frequently, beneficial rites into hostile, punitive ritual acts, mitigating rites are an instrument used to diminish the negative effects of violent, injurious ritual action, and include both commonplace rites such as mourning and burial and exceptional ritual acts such as extended vigils. Although ritual inversion is a phenomenon attested in contexts far removed from violent rites as well as in settings of ritual violence, mitigating rites are by definition always connected to punitive, violent rites since their function is specifically to lessen the baleful impact of such ritual violence in its aftermath.
The Role of Circumstantially Dependent Rites in Ritual Violence
Authors: Olyan Saul M.
Published: October 2019

This chapter examines a number of ritual actions whose meaning and significance are entirely dependent on the circumstances in which they occur. An agent might be depicted using such rites to cause a foe or wrongdoer injury. But texts suggest that under a different set of conditions, the very same rites can have beneficial functions not only for the agents who undertake them but also for those on whom those agents might act ritually. Circumstantially dependent rites include hair manipulation, disinterment and the movement of the remains of the dead, the burning of corpses or bones, and circumcision. Such rites contrast with other ritual acts that are portrayed as injurious to a victim under any and all circumstances (e.g., public stripping or blinding) as well as rites that always produce some kind of benefit for both agent and patient (e.g., honorable burial or clothing the naked).
The Social Dimensions of Ritual Violence
Authors: Olyan Saul M.
Published: October 2019

This chapter discusses the various ways in which violent rites might have an impact on the shaping of social relationships in the world of the biblical text. The author’s primary interest in this chapter is to illuminate how ritual violence might function to terminate, perpetuate, and even create connections between individuals, groups, or polities. Texts examined include 1 Sam 22:12–19, the story of Saul’s mercenary Doeg the Edomite’s execution of the priests of Nob; 2 Sam 10:1–5, the Ammonites’ public humiliation of David’s embassy of comforters; 2 Sam 16:5–13, the cursing, stoning, and dirt casting of Shimi the Benjaminite as David flees Jerusalem before Absalom’s army; 2 Sam 20:1–22, the execution of the rebel Sheba ben Bikri by the inhabitants of Abel Bet Maacah; and Neh 13:25, the account of Nehemiah’s violent, coercive rites targeting his intermarried opponents.
Conclusion
Authors: Olyan Saul M.
Published: October 2019

After summarizing the arguments of previous chapters, the author compares the representation of ritual violence in the three types of literature that have been considered, focusing on both continuities and differences. Each literary type is characterized by diversity with respect to violent ritual acts, and each includes representations of violent rites with physical and/or psychological dimensions. Yet there are differences. Although the aim of historical prose is to represent the past and oracular, oneiric and visionary texts tend to have a present-future orientation, prescriptive texts most often speak in general, hypothetical terms. And while personification plays no role in ritual violence in legal texts and narrative, it is central to visionary, oneiric, and oracular texts, whose function often includes a predictive element, in contrast to both prescriptive and prose texts. The author ends with a consideration of what the study of ritual violence contributes to our understanding of both violence and ritual.
West Germany and the Iron Curtain
Authors: Eckert Astrid M.
Published: October 2019

West Germany and the Iron Curtain takes a fresh look at the history of Cold War Germany and the German reunification process from the spatial perspective of the West German borderlands that emerged along the volatile inter-German border after 1945. These border regions constituted the Federal Republic’s most sensitive geographical space, in which it had to confront partition and engage its socialist neighbor, East Germany, in concrete ways. Each issue that arose in these borderlands—from economic deficiencies to border tourism, environmental pollution, landscape change, and the siting decision for a major nuclear facility—was magnified and mediated by the presence of what became the most militarized border of its day, the Iron Curtain. In topical chapters, the book traces each of these issues across the caesura of 1989–1990, thereby integrating the “long” postwar era with the postunification decades. At the heart of this deeply-researched study stands an environmental history of the Iron Curtain that explores transboundary pollution, landscape change, and a planned nuclear industrial site at Gorleben that was meant to bring jobs into the depressed border regions. As Eckert demonstrates, the borderlands that emerged with partition and disappeared with reunification did not merely mirror larger developments in the Federal Republic’s history but actually helped shape them.
Orienting to Open Adoption, Considering Contact, and Reflecting on Race
Authors: Goldberg Abbie E.
Published: October 2019

This chapter provides an in-depth look at the preadoption stage, outlining parents’ different approaches to open adoption. Some parents oriented to open adoption relatively easily, whereas others hesitated or immediately placed caveats on the level of openness they would consider with regard to birth parents. Adoption programming, exposure to other families in open adoption, and other experiences ultimately caused shifts in many participants’ views of openness. Some participants concluded that they would not actually be willing to pursue an adoption with expectant parents who were uninterested in some level of contact. In addition to considering participants’ desired level of contact with the birth family, this chapter also considers their openness regarding children’s race. Openness regarding contact and race are two of the most significant dimensions of prospective adopters’ decision making and in part determine what placements are possibilities for them. Finally, this chapter also considers parents’ openness with respect to a potential child’s prenatal drug and alcohol exposure.
Hugo Münsterberg's Psychology and Law
Authors: Bornstein Brian H. , Neuschatz Jeffrey
Published: October 2019

The German American psychologist Hugo Münsterberg’s 1908 book, On the Witness Stand, is widely regarded as “founding” the modern field of psychology and law. The purpose of the present volume is twofold: first, to summarize the chapters and conclusions of On the Witness Stand, making Münsterberg’s insights available to a new generation of scholars and students; and second, to present the “state of the science” on the very issues that Münsterberg raises. These issues continue to be of great importance to the field and the contemporary criminal justice system: eyewitness memory, deception detection, false confessions, suggestibility, hypnotism, and the causes of criminal behavior. Thus, the book provides a historical perspective, as well as a contemporary, comprehensive review of topics that remain central to the discipline of psychology and law. In essence, each chapter asks, “What have we learned about this topic in the 110 years since Münsterberg first wrote about it? Has subsequent research shown him to be right or wrong?” Each chapter summarizes the content of Münsterberg’s corresponding chapter, interleaved with a contemporary assessment of the topic.