bluuebunny/crossref_metadata_2025 huggingface dataset:
Fundamentals of Criminal Law
Authors: Simester A P
Published: March 2021

This book explores the theoretical principles underlying the general part of the criminal law. It demonstrates how the major general part doctrines governing actus reus, mens rea, and defences are informed by deeper considerations of responsibility, culpability, and wrongdoing. The book shows how many of the criminal law’s doctrines can and should accommodate the demand that criminal convictions be imposed only upon persons who are culpable for their wrongdoing. But those same doctrines are not always driven by culpability. They are grounded also in certain further principles that the book identifies: specifically, principles of “moral responsibility”, “ascriptive responsibility”, and “wrongdoing”. Neither can many of those doctrines be separated from questions of criminalization. Doctrines governing such matters as causation, omissions, complicity, and even mens rea all serve more than one foundational principle, requiring mediation and compromise. As such, the book argues, they engage wider debates about wrongdoing, and about the boundaries between liability and freedom.
Prolegomenon to Part III
Authors: Simester A P
Published: March 2021

This chapter provides an overview of Part III of the book, which focuses on the principles of culpability and wrongdoing in criminal law. The culpability principle mandates that conviction of a criminal offence, or at least of a stigmatic criminal offence, should not normally occur unless the accused is (morally) culpable with respect to committing that offence. The wrongdoing and culpability principles are intertwined. Paradigmatically, one does not convict defendants of ‘being a criminal’; one convicts them of a named wrong. Ultimately, a full account of culpability in the criminal law demands an account of the relationship between culpability, wrongdoing, mens rea, and defences: and of how the criminal law reflects that; or at least, of how Anglo-American law would reflect that, were it to satisfy the culpability principle.
Scenario 1
Authors: Allen John R. , Hodges F. Ben , Lindley-French Julian
Published: March 2021

Scenario 1 describes an imagined situation in 2030 where dialogue fails together with a weakened European defence, and war breaks out in Europe across air, sea, land, space, and cyber and information domains. A woefully unprepared Europe is defeated and a hopelessly overstretched America is unable to prevent this. The Allies lack sufficient cohesion, coordination, and civilian and military capability, capacity, resiliency, and shared political will, and are quickly defeated by war conducted at the seams of society and at the margins of Alliance and union. NATO is defeated, European defence collapses and the world teeters on the brink of World War Three.
Introduction
Authors: Allen John R. , Hodges F. Ben , Lindley-French Julian
Published: March 2021

The Introduction establishes the challenge the book addresses: how to defend Europe in the post-COVID-19 world in which all the assumptions about power, strategy, alliance, technology, and what constitutes military capability are changing fast. The chapter postulates that Europe is at another hinge of history and that the possibility of another major European war can no longer be excluded. The chapter considers the state of the literature and the debate and structure of the book, before laying out the scope of the challenge Europe’s future war, future defence must confront if peace is to be maintained through credible deterrence and defence. It also establishes the central theme of the book: European defence will require a dual-track approach of constant dialogue between allies and adversaries and a minimum level of relevant military capability and capacity to ensure credible deterrence.
COVID-19 and the European defence dilemma
Authors: Allen John R. , Hodges F. Ben , Lindley-French Julian
Published: March 2021

COVID-19 will change all the assumptions upon which Europe’s defence has been established since 1949. This pandemic will accelerate the shift of power from West to East and has already revealed and worsened many critical vulnerabilities in Europe’s defence. Far from cohering to combat the crisis, national distancing between allies and partners has become the norm. What is needed in Europe is a comprehensive security and national defence in the face of 5D warfare—disinformation, deception, destabilization, disruption, and implied coercion via implied or actual destruction. COVID-19 will also exacerbate and accelerate existing adverse military megatrends as improved health security comes at the expense of national and European defence.
Demons and dragons
Authors: Allen John R. , Hodges F. Ben , Lindley-French Julian
Published: March 2021

What threat does instability and insecurity across the Middle East and North Africa (MENA) pose to European defence? NATO makes much of being a 360-degree alliance. In fact, there often seems little link between the threat faced by Europe’s Eastern, Northern, and Southern states. The nature of the threat is very different. Across MENA social and political instability has worsened with the emergence of state versus anti-state Salafist Jihadism. The West’s humiliation during the Syrian war has enabled Russia to exploit Europe’s loss of already limited influence, whilst the flows of desperate people towards Europe have weakened the political and strategic cohesion of the Allies, as tensions with Turkey grow. The prospect of a major regional-strategic war is ever present but transatlantic cohesion has been undermined by conflict over what to do with Iran and its nuclear programme. Russian and Turkish interference in Libya threatens not only to cut off vital oil supplies to Europe but to further exacerbate the suffering of refugees and migrants. The impact COVID-19 will have on the many fragile states across MENA is unclear but the sheer scale of potential risk, challenges, and threat to European security and defence must end the bonfire of European illusions.
China
Authors: Allen John R. , Hodges F. Ben , Lindley-French Julian
Published: March 2021

What threat does China pose to Europe’s future defence? The US has long been a ‘European’ actor; China is fast becoming one. The impact of the irresistible rise of China on Europe’s future defence will be profound post-COVID-19. Most notably, China is imposing a form of ‘imperial overstretch’ on the US, forcing it to make choices of weakness. China is also a Jekyll and Hyde—both constructive and invasive. COVID-19 has revealed the extent to which China seeks to exploit globalization/Chinaization to impose its will. The Belt and Road Initiative and the indebtedness of many European states already enables China to exert its influence through those states on the EU, NATO, and the transatlantic relationship. As such, the rise of China is the biggest single geopolitical change factor to impact Europe’s defence since 1939. It also implies a nightmare in which China and Russia join forces to weaken the Americans by creating simultaneous chaos the world over, rendering European defence incapable at a time and place of Beijing and Moscow’s choosing.
Répétition Planétaire
Authors: Giles Paul
Published: March 2021

This chapter starts by considering the general relation between postmodernism and religion. It suggests that, as postmodernism becomes increasingly susceptible to historicization, so it is possible to understand more clearly the projection of religion as a hybrid cultural entity combining sacred and secular motifs. It then goes on to examine treatments of temporality in the work of two French artists, composer Olivier Messiaen and film-maker Eric Rohmer, who both bridged the modernist and postmodernist eras. It discusses how Messiaen’s music was shaped by World War II and surrealism, as well as by religion. This chapter’s final section focuses upon the films of Rohmer, with whom Messiaen was acquainted. There is a discussion of Rohmer’s particular interests in postmodern architecture, environmentalism, and globalization, along with an indication of how these themes manifest themselves in his films, particularly in his last great film cycle ‘Tales of the Four Seasons’.
Two-Way Time Travel
Authors: Giles Paul
Published: March 2021

This chapter considers the new relations of past and present to future that have emerged in the wake of scientific discoveries in genetics and other medical technologies. The first section links Australian novelist Gerald Murnane with established English writer Ian McEwan, suggesting how for both writers the representation of memory, cultural as well as personal, has been mediated by developments in science. The second section, ‘The American Systems Novel’, extends this analysis by considering how genetics shape the plot of Jeffrey Eugenides’s Middlesex and how 9/11 scrambles understandings of temporal sequence in Jonathan Safran Foer’s Extremely Loud and Incredibly Close. It concludes by discussing how the historical context of postmodernist science inflects representations of temporal sequence in the novels of Richard Powers, which address issues of computer technology, ecology, and environmentalism, while also representing the aesthetics of temporality in relation to the abstract language of music.
Postmodern Slave Narratives
Authors: Giles Paul
Published: March 2021

This chapter considers the representation of time in postmodern slave narratives. It argues they work through a style of black humour within which the politics of slavery are mediated in complex and ambiguous ways. Starting from the comic fiction of Ishmael Reed, it discusses how scientific discourses turn racial politics into a complicated affair in the novels of Octavia Butler. It finds a similar tension in the recursive fictions of Toni Morrison, where time frequently circles back on itself. This chapter’s second section considers how such inversions are played out in the films of Quentin Tarantino, arguing the disjunctive temporality of his historical films is marked by systematic invocations of antipodean space. Such strategic forms of anachronism and disorientation are associated with the politics of the Obama era, which combined traditional pragmatism with recognition of how transnational pressures were pushing questions about slavery’s historical legacy in a new direction.
Reorchestrating the Past
Authors: Giles Paul
Published: March 2021

Taking its title from Australian novelist Alexis Wright’s description of her novel Carpentaria as a ‘long song, following ancient tradition’, this chapter considers how antipodean relations of place interrupt abstract notions of globalization as a financial system. The first section exemplifies this by focusing on Australian/American director Baz Luhrmann, whose version of The Great Gatsby (2013), filmed in Sydney, resituates Fitzgerald’s classic novel within an antipodean context. The second section develops this through consideration of Wright’s fiction, along with that of New Zealand/Maori author Keri Hulme, so as to illuminate ways in which spiral conceptions of time, where ends merge into beginnings, contest Western epistemological frames. In the final section, this ‘long song’ is related to the musical aesthetics of Australian composer Peter Sculthorpe and English composers George Benjamin and Harrison Birtwistle. The chapter concludes by arguing that musical modes are an overlooked dimension of postmodernist culture more generally.
The Constitutional Theory of the Federation and the European Union
Authors: Larsen Signe Rehling
Published: March 2021

What type of political association is the European Union? From the start of the European integration process, this question has puzzled scholars. Many different answers have been offered, but in the absence of an agreed response, most scholars implicitly avoid the issue by suggesting that the European Union is sui generis. This book challenges the sui generis thesis by demonstrating that the European Union is not a unique form of association, but rather a federal union of states, or what this book calls a federation. This is a discrete form of political association on a par with, though differentiated from, the other two forms of political modernity, namely the state and the empire. Therefore, the federation cannot be understood on the basis of the theory of the state, hereunder the concept of sovereignty. The ‘statist’ worldview still dominates both the debates on federalism and the European Union, meaning that all federal polities are seen either as ‘confederal’ associations of sovereign states or as sovereign federal states. The book challenges the statist schism of ‘federal’ versus ‘confederal’ by demonstrating that the federation is a discrete political form with a discrete constitutional theory, characterized by its own strengths and weaknesses. The federation is a political union of states founded on an interstate agreement of a constitutional nature, a federal compact, that does not absorb the Member States into a new state. It is characterized by a double political existence and the internal absence, contestation, or repression of sovereignty.
Introduction
Authors: Larsen Signe Rehling
Published: March 2021

The introduction presents an outline of the book together with a brief discussion of other ‘federal’ interpretations of the EU. The main argument of the book is that the EU is a federal union of states, or what this book calls a federation. The federation is a political union of states, founded on a federal and constitutional compact between the Member States, that does not constitute a new federal state. The federation transcends the flawed ‘statist’ distinction between ‘federal’ and ‘confederal’ that still dominates the scholarship on federalism and the EU. The federation is a discrete form of political association on a par with, though distinct from, the other political forms of modernity, that is, the empire and the state.
Conclusion
Authors: Larsen Signe Rehling
Published: March 2021

The conclusion sums up the main arguments of the book: the EU is not an association sui generis. Rather, it belongs to the political form of the federation: a discrete form of political association on a par with, though differentiated from, the other two forms of political modernity, namely, the state and the empire. The federation is a political union of states founded on a federal and constitutional compact that does not absorb the Member States into a new federal state. Federations come into existence because of the instability of the state as a political form. States decide to come together in a federation because they are incapable of maintaining their own political autonomy. Nevertheless, the federation is characterized by its own unique internal contradictions that always threaten its stability and survival. Federal emergency politics brings these contradictions to the fore by eroding the political autonomy of the Member States.
United in Diversity? Interests, Preferences, and Patterns of Engagement of Public Development Banks in the Implementation of the EU Budget
Authors: Rubio Eulalia , Thiemann Matthias
Published: March 2021

This chapter traces the emergence and expansion of the use of EU budgetary means for financial instruments inside the EU from the 1980s onwards and its implications for the field of European development banking. It details how an initial focus on cooperation between the EIB and the EU Commission gave way to a diversification of cooperation partners for the implementation of financial instruments, now including national development banks. As financial instruments grew both in size and number, their attractiveness and importance for these development banks increased. The chapter details the tensions between the EIB and the national development banks in their lobbying attempts to structure access to these funds. These tensions came to the fore in the negotiations of the InvestEU fund in 2018, when the European Commission stripped the EIB of its unique access to the direct EU guarantee, instead opening up 25 percent of it to NDBs.
State Aid and National Development Banks in the EU
Authors: Volberding Peter
Published: March 2021

This chapter argues that State Aid has served as an important regulatory tool to guide when, where, and how NDBs are permitted to intervene in the domestic economy. Through a detailed analysis of the evolution of the relationship between State Aid and NDBs from the 1950s to the present, it demonstrates that in the first few decades State Aid greatly limited the activities of NDBs, driving them to near extinction by the 1980s. However, beginning in the late 1990s, and accelerating after the 2008 financial crisis, the EC has loosened State Aid to increase investment in sectors like SME, R&D, and green technology. For their part, NDBs began to assert their positions, not only carving out a role of implementing national industrial policy, but also serving as important financing partners for the EU in recent years.
Development Finance in the Baltic States and the Process of Europeanization
Authors: Mikheeva Olga , Juuse Egert
Published: March 2021

The Central and Eastern European (CEE) region, where European structural funds make up the lion share of national budgets, provides an opportunity to study how “development financing” is defined and operationalized in the context of dependency on external financing from the European Union (EU). The three Baltic republics (Estonia, Latvia, Lithuania) represent a region with a particular socio-political history, similar economic structures and equally similar asymmetrical relations with the EU, which makes the entire notion of development finance institutions quite different from existing “strategic” qualities attributed to promotional banks as discussed in current literature. We aim to demonstrate that policy trajectories, largely shaped by the EU, and especially an overdependence on EU structural funds, result in a set of incentives that hinder the development of a more strategic approach to economic policies and policy-related finance in particular. We also argue that bureaucratic competences developed within such a context of external financing resemble a “managerial” type of Development Finance Institutions rather than “strategic” investing agents.
The Rise, Fall, and Return of Promotional Banking in Greece
Authors: Bastian Jens
Published: March 2021

This chapter studies the case of Greece as one of the few countries in which a fully-fledged development bank is still lacking at the time of writing. While a Hellenic Development Bank is in the making, development finance took a contested trajectory over the past thirty years. Beginning with the conglomeration and then privatization of the former industrial development bank, ETBA, Greece became familiar with a fragmented and crowded field of development finance domestically, populated by Greek, foreign, and multilateral development actors. In the context of severe crisis and stark political tensions over the past decades, it is unclear what success a new national development institution will have.
Investment Treaties and the Legal Imagination
Authors: Perrone Nicolás M.
Published: March 2021

Foreign investors have a privileged position under investment treaties. They enjoy strong rights, have no obligations, and can rely on a highly efficient enforcement mechanism: investor–state dispute settlement (ISDS). This extraordinary status has made international investment law one of the most controversial areas of the global economic order. Unsurprisingly, its origin and evolution have been the subject of a long debate. This book adds to the discussion by showing that foreign investor rights are not the result of unpredicted arbitral interpretations, but rather the likely outcome of a world-making project realized by a coalition of business leaders, bankers, and their lawyers in the 1950s and 1960s. Some initiatives that these norm entrepreneurs planned for did not concretize, such as a multilateral investment convention, but they were successful in developing a legal imagination that gradually occupied the space of international investment law. They sought not only to set up a dispute settlement mechanism but also to create a platform to ground their vision of foreign investment relations. Tracing their normative project from the post-World War II period, this book shows that the legal imagination of the norm entrepreneurs is remarkably similar to present ISDS practice. Common to both is what they protect—such as foreign investors’ legitimate expectations—as well as what they silence or make invisible. Our canon of imagination, of adjustment and potential reform, remains closely associated with the world-making project of the norm entrepreneurs of the 1950s and 1960s.
The Norm Entrepreneurs of the 1950s and 1960s
Authors: Perrone Nicolás M.
Published: March 2021

In the post-World War II period, business leaders, bankers, and their lawyers decided it was their time to write the rules of the global economy. They felt that the nationalization of the Anglo-Iranian Oil Company (in 1951) and of the Suez Canal (in 1956), together with increasing state economic intervention all around the world, warranted a call for action. They formed a coalition to enable and safeguard a world of free enterprise; promoting and protecting foreign private investment was a top priority. This chapter examines who these norm entrepreneurs were, their networks, and how they captured the space of international investment law to advance their world-making project. As individuals and through professional associations, they imagined quite detailed institutions and standards for this legal field. They discussed foreign investor rights, indirect expropriation, fair and equitable treatment, the internationalization of contracts, reliance, the inadequacy of local remedies, and the crucial role of international arbitration.
Competing Imaginaries and the 1970s
Authors: Perrone Nicolás M.
Published: March 2021

The long 1970s was a difficult time for those promoting investment treaties and ISDS. OECD members had not adopted a multilateral convention, and the Global South was demanding a change in the rules of the game. The norm entrepreneurs’ self-confidence was decreasing. In this challenging context, the International Chamber of Commerce took the initiative and put forward a conception of foreign investor obligations consistent with investment treaties and ISDS. This move conceded little to the Global South: the best companions to strong foreign investor rights are weak or even voluntary investor obligations. For a while the outcome was uncertain, as different imaginations competed for the space of international investment law. This chapter examines some of these competitors, including the 1974 UN report on the impact of MNCs, the US position on the topic, and the 1974 UN Charter of Economic Rights and Duties of States.
The Rise of Investment Treaties and ISDS in the 1990s and Since
Authors: Perrone Nicolás M.
Published: March 2021

In the early 1980s, many countries had not signed investment treaties or joined the ICSID Convention. Neither was there any ISDS practice. This situation changed quickly, however, as the views of the norm entrepreneurs of the 1950s and 1960s became part of the global consensus on development thinking. In the 1990s, the World Bank and UNCTAD put themselves at the forefront of efforts to promote investment treaties and ISDS, a task for which they had the support of organizations such as the American Bar Association. The investment treaty network rapidly expanded, most states joined ICSID, and the first ISDS cases emerged. Some arbitrators acted as pioneers of a new legal field, while others wrote in celebration of the fact that the proposals of the 1960s had now become law. Crucially, they also resolved the disputes in the background of the legal imagination.
Givings and ISDS
Authors: Perrone Nicolás M.
Published: March 2021

Foreign investment is associated with efficiency, economic growth, and jobs. Investors emphasize the benefits of potential projects, but also ask for regulatory givings to ensure economic returns and to minimize their exposure to host-country risks. At times, international organizations have likewise highlighted both the benefits of foreign investment and the importance of incentives to attract new projects. If states were to implement these business-friendly regulations, investors might then come in, but many would count on investment treaties and ISDS to interpret and enforce sectoral regulation, representations, or specific commitments. Disputes related to the 2001 Argentine crisis and the Spanish solar energy industry show that in such circumstances, when a controversy leads to ISDS cases, arbitrators often put foreign investment relations within a transactional model, making regulatory reforms more difficult if projects fail, local expectations are disappointed, or circumstances drastically change.
The 1860s
Authors: Bradley Ian
Published: March 2021

On his return from Leipzig, Arthur Sullivan earned his living as a church organist while making his way as a composer of anthems and serious orchestral works. In the mid-1860s he began a close, life-long friendship with George Grove, founder of the music dictionary which still bears his name and a leading Biblical scholar. As well as promoting Sullivan’s music and securing its performance at the Crystal Palace, Grove introduced him to leading figures in the world of Victorian culture and religion, and influenced his spiritual development and beliefs. He also played a key role in Sullivan’s first and rather tortuous love affair. The death of Sullivan’s father inspired his In Memoriam overture and he put much of his own faith into his first oratorio, The Prodigal Son (1869), which drew on an eclectic selection of Biblical texts and emphasized the themes of repentance, forgiveness, and reassurance that would recur in many of his sacred works.
1877‒1889
Authors: Bradley Ian
Published: March 2021

The period from 1877 to 1889 was dominated for Sullivan by his collaboration with W.S. Gilbert, with whom he wrote ten highly successful comic operas on an almost annual basis. He found the partnership increasingly frustrating, if highly lucrative. Away from the theatre, he wrote a dramatic cantata about an early Christian martyr, The Martyr of Antioch (1880), and a sacred cantata, The Golden Legend (1886), based on the poem by Henry Longfellow, which was performed more than any other choral work apart from The Messiah in the closing decade of the nineteenth century. In 1880, Sullivan took up the conductorship of the prestigious Leeds Festival which gave him a chance to conduct significant sacred works, including the first ever complete performance in Britain of Bach’s B Minor Mass over which he took considerable pains. An address on music which he gave in Birmingham in 1888 touches on his own faith and reveals his Biblical knowledge and deep attachment to church music. His own contributions to the Savoy operas on which he collaborated with Gilbert also reveal much about his spirituality.
The 1890s
Authors: Bradley Ian
Published: March 2021

Arthur Sullivan’s final decade was overshadowed by increasing and debilitating ill health and growing criticism of the light-weight nature of his work by critics associated with the English Musical Renaissance centred around two younger composers, C.H. Parry and C.V. Stanford. Sullivan did at last produce the grand opera, Ivanhoe (1891), which he had wanted to write for so long. He also continued to write comic operas for the Savoy Theatre, most of them with librettists other than Gilbert. He wrote a ballet and a hymn tune for Queen Victoria’s Diamond Jubilee, set a patriotic song by Rudyard Kipling to raise funds for the families of troops serving in the Boer War, and wrote a Te Deum to be used when that war ended. He died in 1900, mourned and remembered as much as a church musician and for his sacred works as for his comic operas.
Divine Holiness and Divine Action
Authors: Murphy Mark C.
Published: March 2021

Holiness is the attribute most emphatically ascribed to God in Scripture. But there has been little attention devoted to characterizing and considering the entailments of divine holiness. This book defends an account of holiness indebted to Rudolf Otto’s description of the experience of the holy as that of a mysterium tremendum et fascinans. God’s being holy consists in God’s being someone with whom intimate union is both extremely desirable for us and yet something for which we—and indeed any limited beings—are unfit. This notion of divine holiness is useful for addressing disputed theological questions regarding divine action. In contrast to standard accounts of divine action that begin with assumptions regarding God’s moral perfection or God’s maximal love, the appeal to divine holiness supports a rival framework for explaining and predicting divine action—the holiness framework—according to which God is motivated to act in ways that are a response to God’s own value by keeping distance from that which is deficient, defective, or in any way limited in goodness. The book exhibits the fruitfulness of a reorientation from the morality and love frameworks to the holiness framework by showing how such a reorientation suggests distinct approaches to perennial problems of divine action regarding creation, incarnation, atonement, and salvation. From the treatment of these perennial problems, a general theme regarding divine action emerges: that God’s interaction with the world exhibits a radical sort of humility.
Introduction
Authors: Murphy Mark C.
Published: March 2021

Holiness is the most salient feature ascribed to God in Scripture but has been neglected by philosophers of religion and philosophical theologians. The introduction lays out two theses about holiness that this book’s account of divine holiness assumes. First, it assumes realism about holiness, the view that holiness judgments describe, and that some such positive judgments are veridical. Second, it assumes—along with the consensus of scholars on the how the relationship between God’s holiness and the holiness of creatures is characterized in Scripture—that only God’s holiness is primary; all other holiness is derivative from God’s holiness.
A Journey through Boredom
Authors: Cykowski Beth
Published: March 2021

This chapter continues to examine Heidegger’s discussion of boredom and his demand that we ‘open ourselves up’ to this attunement. The chapter analyses Heidegger’s conviction that, if we manage to endure this demand, we discover something about our own contemporary metaphysics and about ourselves as contemporary Dasein. This journey also begins to unveil something of the three titular fundamental concepts of metaphysics—world, finitude, and solitude—so the chapter brings these concepts into greater focus, showing how the ‘forms’ of boredom that Heidegger traces each correspond to one of these concepts, reinforcing our understanding of their conspicuousness in the contemporary epoch. Heidegger hopes, by the end of Part One of the lecture course, to have justified the idea that profound boredom is our fundamental attunement, that it infiltrates the way in which we encounter beings qua contemporary Dasein.
An Alleged Ambiguity and the Dynamics of Context-Change
Authors: Stojnić Una
Published: March 2021

The observation that demonstrative expressions allow for both bound and referential readings, and can be bound across sentence boundaries, provides independent motivation for a shifty account of context. Dynamic semantics offers an elegant model of shiftiness, in treating the context as a running record of potential interpretive dependencies, and utterances as instructions to update and possibly change extant dependencies. Such an account advances over the static Kaplanean model insofar as it allows for the interpretation to be dynamically affected by the linguistic elements in the preceding discourse. However, due to the way it represents linguistic dependencies, and due to its reliance on both linguistic and non-linguistic effects of context to determine interpretation, the account still makes demonstrative pronouns indefinitely ambiguous at the level of logical form, thus inheriting some of the theoretical problems of the static account.
Changes by Competition
Authors: Kwon Hyeong-ki
Published: March 2021

By tracing historically the evolution of Korean state-led capitalism and comparing it with other economies, this book criticizes prevalent theories including neoliberalism, the developmental state, and institutionalism, while proposing a theoretical alternative focusing on endogenous changes and institutional adaptability through elite competition within the state. Unlike the arguments of the neoliberals, the state can still play an active role in reconstituting the national economy in globalization. The Korean state successfully fosters economic growth by nurturing industrial commons even in globalization, rather than change toward a neoliberal free market system. In order to better account for sustainable economic growth over a long time, this book emphasizes institutional adaptability through elite competition, rather than offering neoliberal celebrations of the free market and the statist emphasis on the stringent Weberian state. The Korean economy, as well as the East Asian developmental state (DS) economies, could have sustainable development over a long period, not because of an apparent and standardized growth formula, or because of some institutional elements of a stringent Weberian state, but because they have adjusted their methods and strategies of development through competition among elites inside and outside the state, as new challenges, never met with an apparent solution, have continuously emerged. In order to better account for the evolution of state-led developmentalism in Korea, as well as in other countries, this book proposes changes by competition among elites within as well as outside the state, which causes changes in developmentalism and more flexible adjustments in new contexts.
Locating Korea Historically
Authors: Kwon Hyeong-ki
Published: March 2021

Before examining in detail what makes for continuity and change in the evolution of Korean capitalism, this chapter provides an overview of changes and continuity in Korean capitalism, focusing first on changes in developmental strategy from input-oriented to innovation-based growth; second, changes in class alliances; and third, changes in policy instruments and governance methods. The Korean economy has rapidly grown since the 1960s. Yet this growth was not due to mobilization of cheap labor or massive capital inputs, but due to changes in developmental strategies, from highly input-oriented to high value-added and innovation-oriented growth. This transformation occurred not by voluntary actions in the free market, but by the state’s initiatives and private firms’ responses. The Korean state still plays an active role in building and upgrading national strategic industries for export-led growth.
Generalization through Comparison
Authors: Kwon Hyeong-ki
Published: March 2021

This final chapter examines the generalizability of our findings by considering other East Asian developmental state (DS) countries, including Japan, Taiwan, and China. Theoretical implication of this book mainly includes organizational adaptability and institutional changes through elite competition. First, this book claims that the reason why East Asian developmental states, including Japan, Korea, Taiwan, and China, could sustain economic development over quite a long period is not due to some fixed institutional elements such as centralized, cohesive, and strong states. Contrary to the DS literature, elite competition can be beneficial to economic success through collective deliberation and flexible adaptation if they are properly coordinated into collaboration for shared goals like economic development and national competitiveness. In addition, this book concludes that unlike the institutionalist DS literature, this book emphasizes changes by competition to better account for endogenous changes.
The Emotional Economy of Holidaymaking
Authors: Benger Alaluf Yaara
Published: March 2021

It is often taken for granted that holiday resorts sell intangible commodities such as freedom, enjoyment, pleasure, and relaxation. But how did the desire for a ‘happy holiday’ emerge, how was ‘the right to rest’ legitimized, and how are emotions produced by commercial enterprises? To answer these questions, The Emotional Economy of Holidaymaking explores the rise of popular holidaymaking in late-nineteenth-century Britain. Drawing on a wide range of texts, including medical literature, parliamentary debates, advertisements, travel guides, and personal accounts, the book unravels the role emotions played in British spa and seaside holiday cultures. Introducing the concept of an ‘emotional economy’, Yaara Benger Alaluf traces the overlapping impact that psychological and economic thought had on moral ideals and performative practices of work and leisure. Through a vivid account of changing attitudes toward health, pleasure, social class, and gender in late-Victorian and Edwardian Britain, she explains why the democratization of holidaymaking went hand in hand with its emotionalization. Combining the history of emotions with the sociology of commodification, the book offers an innovative approach to the study of the leisure and entertainment industries and a better understanding of how medicalized conceptions of emotions influenced people’s dispositions, desires, consumption habits, and civil rights. Looking ahead to the central place of tourism in twenty-first-century societies and its relation to stress and burnout, The emotional economy of holidaymaking calls on future research of past and present leisure cultures to take emotions seriously and to rethink notions of rationality, authenticity, and agency.
Holiday legislation as remedy
Authors: Benger Alaluf Yaara
Published: March 2021

The chapter analyses parliamentary papers, documents from labour unions, moralist writings, and publications in the press in order to enquire into how political and legislative actors in late-nineteenth-century Britain sought to legitimize workers’ holidays. It gives special attention to the ways in which medical knowledge—with its newly gained authority—and the shift in interest from physical to emotional conditions influenced approaches to working hours, leisure time, and holiday legislation. The chapter details the ways in which shifting perceptions of health, class, gender, and emotions influenced legislation; this stands in contrast to previous research, which focused on the effect of economic interests and conditions. Similarly, it discusses how the pathologization of ‘the worker’ by the medical community helped make legislation more egalitarian and how it ultimately facilitated the inclusion of the working classes into the established middle-class holiday culture. The chapter asserts that holiday legislation gave concrete expression to a new understanding of emotions and work that ultimately took the form of particular rights. In this sense, it analyses the overlap between the emotional economy and the moral economy, revealing the relation between contested views on the significance of emotions and the legitimation of certain social practices. Furthermore, the chapter addresses a question that has been overlooked in extant research: ‘Why were watering places considered the ideal destination for workers’ holidays?’ It elucidates the influential role played by the traditional therapeutic view of watering places in converting spa and seaside resorts into major holiday destinations for all social classes.
Learning to consume emotional experiences
Authors: Benger Alaluf Yaara
Published: March 2021

This chapter focuses on the construction of the holidaymaker as an emotional subject by exploring vacationers’ expectations and experiences and examining how they actively shaped and were shaped by Victorian and Edwardian holiday culture. Drawing on popular stories and poems, vacationers’ accounts, and advice literature, it analyses the reciprocal relations between emotion knowledge, consumption, and subjectivity, emphasizing the various roles individuals played in the emotional economy of holidaymaking: as agents in the negotiation of the value ascribed to emotional experiences, as spectators and performers in the experience, and as co-producers of emotion knowledge. Homing in on moments of disappointment and boredom, the chapter demonstrates that holidaymakers of different genders and classes were aware of the medical view of holidaymaking, even though they did not always experience what was promised. Furthermore, the chapter explores the performative nature of holidaymaking, exposing the ways in which holidaymakers ‘learned how to feel’ by taking a disciplinary view of themselves and others during the holiday experience and by producing and consuming advice and popular literature that provided knowledge on what the emotional experience of holidays was supposed to be like. In contrast to frequent carnivalesque theorizations of holiday tourism, the resorts did not supply only change or contrast; they also provided a sense of normality, security, and familiarity. Tracing the development of the holidaymaker as a self-reflective consumer, the chapter also analyses the affinity between holidaymaking and authenticity.
Sacred Intercessors: Widows as Altar in Polycarp, Philippians
Authors: Butterfield Margaret
Published: March 2021

This chapter continues with the subject of widows and considers the metaphorical way that widows can be presented. It notes how a small number of Christian texts, dating from the second to the fifth centuries CE, briefly invoke the strange metaphor of the widow as an altar of God. It asks: in what ways might such a metaphor have been intelligible to early Christian audiences? In service of what rhetorical aims might the metaphor have been employed, and what might have been effects of its usages? The contributor considers the use of the metaphor in relation to evidence for widows’ statuses as recipients of community funds and as those who offer prayer on behalf of the community. By characterizing the widows as altars these texts present them as objects under the control of others yet acknowledge their position at the centre of a transformational economy of offering.
Women in Gnosticism
Authors: Lewis Nicola Denzey
Published: March 2021

This chapter goes further along this track in ‘Women in Gnosticism’, noting that real women are difficult to find from the sources conventionally identified as ‘Gnostic’. The few that are mentioned in a variety of sources—Marcellina, Flora, and Flavia Sophē—remain enigmatic, mere fleeting mentions that force us to draw on all our resources to reconstruct even the barest contours of their lives. In every case, however, these women appear to have irritated and scandalized the pious self-proclaimed arbiters of Christian ‘orthodoxy’. Sadly, however, these women do not seem to have had better spiritual lives in ‘Gnostic’ circles; there, too, they encountered men ready to take advantage of the power differential evident in Roman imperial Christian culture, such as it was at the time. To be perhaps less pessimistic, however, the language and imagery of ‘Gnostic’ documents—particularly those found at Nag Hammadi—contain often startling plays on sexual politics in the spiritual realm. At times, these result in sweeping cosmic dramas that place human women not merely as victims of male spiritual malevolence but as heroines who are able to transcend their earthly fates because there is a place, even in the highest heavenly realms, where ‘the feminine’ holds sway; beyond that, even, gender differences melt away and are absorbed into an absolute, genderless oneness of existence.
Gendered Space
Authors: Taylor Joan E.
Published: March 2021

This chapter considers the meeting place of the Therapeutae, described in Philo of Alexandria’s De Vita Contemplativa, as represented by Eusebius of Caesarea. Since Eusebius read Philo’s treatise as indicating an early Christian community, he sees a church here, with gendered space, affirming this is Christian practice. The ministries of Christian women overall then need then to be considered within a gendered construct of space and movement. While the appropriate ‘place’ for women in the earliest congregations depends on how meeting spaces are configured (for meals, charity, teaching, healing, and prayer), the recent work of Edward Adams has contested the ubiquitous house-church model and allowed for more cognitive templates for how gendered space was constructed. The third-century ‘Megiddo church’ seems to suggest a divided dining hall for women and men, in line with gendered dining as a Hellenistic norm, with centralized ritual space.
On the ‘Common Core of European Administrative Laws’ Methodology (and European Tort Laws)
Authors: Bussani Mauro
Published: March 2021

The present chapter focuses on the methodology underlying the ‘Common Core of European Administrative Laws’ project in general, and its first research output on public authorities’ liability in particular. From this perspective, the chapter first introduces the current state of European tort law and the scholarly initiatives focusing on it, before presenting the basic outlines and distinctive features of the ‘Common Core’ approach and the rationale behind the three-level responses, which is one of the distinctive features of the whole project. The chapter thus sheds light on its potential contribution to European debates on public liability and comparative tort law.
Public Authority Liability in Romania
Authors: Vornicu Roxana
Published: March 2021

The Romanian regime for administrative liability has much in common with other systems of continental Europe. There is no immunity for public authorities. This is excluded by the Constitution, by way of what can be regarded as a general principle of damages liability, for both subjective rights and legitimate interests. Judicial review is guaranteed to all, with few exceptions, and concerns illegality on both procedural and substantive grounds. However, various conditions must be met for a claim for damages to be successful. An administrative appeal must be carried out. Moreover, and more importantly, the contested administrative act or measure must be annulled by the administrative jurisdiction, although in Romania this is a specialized branch of ordinary courts.
Constitutional Principles and Judicial Remedies in Switzerland
Authors: Tanquerel Thierry
Published: March 2021

In Switzerland, the law concerning the liability in tort of public authorities is complex, due to the federal structure of government, and it is still evolving. Until twenty years or so ago, the Federal Constitution had no such thing as a general principle of damages liability, but such liability has been governed by statute since 1958. Now Article 146 of the Federal Constitution of 1999 provides that the ‘Confederation shall be liable for damage or loss unlawfully caused by its organs in the exercise of official activities.’ This provision solidifies the liability of all bodies discharging public functions and powers on behalf of the Confederation, but it is cantonal law that governs the liability of cantons and municipalities. There is thus a potentiality for differentiation, though actually all cantons regulate public liability along the lines of Article 146. There is, however, a mixture of commonality and diversity concerning administrative procedure. There is still another element of differentiation concerning judicial review, because in some cantons (and on the federal level) the claim for damages must be brought to an administrative authority, while in others it must be brought to an administrative or to a civil court.