bluuebunny/crossref_metadata_2025 huggingface dataset:
Advanced Temporalizing
Authors: Deasy Daniel
Published: January 2021

There is a widespread assumption that B-theorists—according to whom there is no fundamental distinction between present and non-present times—should interpret tense operators such as ‘It was the case that’ and ‘It will be the case five minutes hence that’ as implicit quantifier-restrictors, so that (for example) an utterance at the present time n of the sentence ‘It was the case that there are dinosaurs’ is true just in case there are dinosaurs located at some time t earlier than n. However, it is easy to show that this interpretation of the tense operators causes problems for B-theorists when combined with certain other natural B-theoretic commitments. In this paper, I argue that a good way for B-theorists to avoid these problems is to treat the tense operators as redundant when the sentences in their scope are qualitative—that is, not about any particular individual(s).
Political Theory and the Bourgeois Public Sphere
Authors: Seth Sanjay
Published: January 2021

Arguing that political theory is an irremediably Western and liberal enterprise, this chapter shows that it is a discipline that does not seek to accurately represent and explain an object, but is rather knowledge “for,” performance rather than representation. The discipline is directed toward the public sphere, imagined as a realm of individuals possessed of their own “values” who, however, inhabit a common world and engage in rational, critical debate about that which they hold in common. It thus “performs” the liberal conviction that differing moral and political viewpoints being ineliminable, they must contend with each other in rational argument in a public sphere not itself marked by a commitment to any moral or political view. Recognizing the parochialism and Eurocentrism of these presumptions, some scholars have recently attempted to “deprovincialize” political theory by extending its geographical and cultural remit through “comparative political theory.” The chapter evaluates the success and shortcomings of these endeavors.
Culture? Development? Manifesto?
Authors: Klitgaard Robert
Published: January 2021

Culture and development are seemingly innocuous concepts that, in some quarters, have become dirty words. And yet, around the world people are clamoring for a better understanding of both. Some want cultural change, others cultural preservation—or in different domains both, as in the case of Bhutan. Some people want to accelerate “development”; others want to resist it; still others call for a radical and pluralistic rethink of ends and means. How might both the redefinition of development goals and the redesign of policies and processes take account of cultural diversity? This manifesto calls for a renewed focus on the interactions between culture and development, always on the side of the disadvantaged, the underpowered, and the indigenous.
The Human Gene Editing Debate
Authors: Evans John H.
Published: January 2021

Scholars have been debating the ethics of what is now called human gene editing for more than 60 years. This innovative book examines the historical debate and finds that it is set up as a slippery slope, with the ethically consensual acts of human gene editing at the top and the Brave New World or Gattaca at the dystopian bottom. More importantly, what stops the debate from slipping down the slope into unacceptable acts are agreed upon limits, which this book describes as barriers on the slope. The book describes what makes weak and strong barriers, and it shows how the first barriers were built on the slope. The first barrier was between modifying the existing human body (upslope of the barrier and acceptable) and modifying the species (downslope of the barrier and unacceptable). The second was between modifying to combat disease (upslope) and modifying to enhance a person’s abilities (downslope). The book shows how these barriers were weakened and finally knocked over, potentially allowing people to engage in any human gene editing they desired. The book then turns to describing barriers that could be built on the slope and also shows that many commonly advocated barriers are unstable. The debate about human gene editing, as well as many other debates in bioethics, would be greatly improved if participants would consider the insights of this book and only create defensible barriers.
Elaborate Chaos
Authors: Minett Mark
Published: January 2021

Chapter 3 demonstrates that standard accounts mischaracterize Altman’s use of overlapping dialogue, his signature sound technique, and presents a history of formal elaboration intertwined with technological innovation. Critics have underestimated the multidimensionality and capaciousness of Altman’s practice, treating pragmatically executed innovation as a counterideology. The analysis offered here demonstrates that Altman’s sound design is both highly manipulated and highly conscious of narrative aims. Altman and his collaborators innovated solutions allowing them to simultaneously convey the impression of naturalism, provide a vehicle for overt narrational commentary, and ensure the intelligibility of essential narrative premises. Tracking Altman’s early 1970s trajectory demonstrates the consistently multifaceted nature of his aims, even with the move to 24-track recording technology on Nashville. Instead of ideologically virtuous audience-liberating chaos, what we actually find is functionally virtuosic orchestration that represents not a rejection of Hollywood but its vitalization.
Romancing the Dance
Authors: Dickason Kathryn
Published: January 2021

This chapter addresses the relationship between religion and dance in popular, vernacular literature. While some scholars view secular and religious works as separate, unrelated phenomena, I demonstrate how medieval romances co-opted sacred dance motifs. In these texts, dance functioned as a ritual, deifying courtly love (including troubadour lyric) and conferring a sacred aura onto courtliness. The first section uses Guillaume de Lorris’s section of Le Roman de la Rose (The Romance of the Rose) to show how dance in romance championed aristocratic values (including the chivalry of medieval knights), the gift economy, and enchantment. The second section focuses on Jean de Meun’s section of Le Roman de la Rose. It shows how Jean co-opted the Rose’s dance content to critique the project of courtly love. The third section analyzes Dante’s poetry from the Paradiso (Paradise), in which the poeticization of dance enabled Dante to best express divine love.
Introduction
Authors: Edling Max M.
Published: January 2021

In recent years a new Unionist interpretation of the American founding has presented the US Constitution as a compact of union between sovereign states, which allowed them to maintain interstate peace and to act in unison as a single nation vis-à-vis other nations in the international state-system. Such an understanding of the American founding argues that the Constitution created a bisected American state divided into a federal government in charge of international and intraunion affairs and state governments in charge of promoting socioeconomic development and maintaining civic rights. The introduction provides an overview of different interpretations of the founding and of the structure of the book.
New England
Authors: & Cohen
Published: January 2021

The chapter “New England” explains about scientific and technological sites of adult interest in Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont, including the American Clock and Watch Museum, the Desert of Maine, Harvard Museums of Science and Culture, America’s Stonehenge, Slater Mill, and the Fairbanks Museum and Planetarium. The traveler is provided with essential information, including addresses, telephone numbers, hours of entry, handicapped access, dining facilities, dates open and closed, available public transportation, and websites. Nearly every site included here has been visited by the authors. Although written with scientists in mind, this book is for anyone who likes to travel and visit places of historical and scientific interest. Included are photographs of many sites within each state.
Mid-Atlantic
Authors: & Cohen
Published: January 2021

The chapter “Mid-Atlantic” discusses scientific and technological sites of adult interest in Delaware, Maryland, New Jersey, New York, Pennsylvania, and Washington, DC, including the Johnson Victrola Museum, National Cryptologic Museum, the Sarnoff Collection, New York Botanical Garden, Joseph Priestley House, and Smithsonian Institution. The traveler is provided with essential information, including addresses, telephone numbers, hours of entry, handicapped access, dining facilities, dates open and closed, available public transportation, and websites. Nearly every site included here has been visited by the authors. Although written with scientists in mind, this book is for anyone who likes to travel and visit places of historical and scientific interest. Included are photographs of many sites within each state.
Southeast
Authors: & Cohen
Published: January 2021

The chapter “Southeast” explains about scientific and technological sites of adult interest in Alabama, Florida, Georgia, North Carolina, South Carolina, Virginia, and West Virginia, including the Tuskegee Institute, Edison & Ford Winter Estates, Atlanta Botanical Garden, Wright Brothers National Memorial, The Rice Museum, Monticello, and Blenko Glass Company. The traveler is provided with essential information, including addresses, telephone numbers, hours of entry, handicapped access, dining facilities, dates open and closed, available public transportation, and websites. Nearly every site included here has been visited by the authors. Although written with scientists in mind, this book is for anyone who likes to travel and visit places of historical and scientific interest. Included are photographs of many sites within each state.
Midwest
Authors: & Cohen
Published: January 2021

The chapter “Midwest” explains about scientific and technological sites of adult interest in Illinois, Indiana, Iowa, Michigan, Minnesota, Ohio, and Wisconsin, including Fermi National Accelerator Laboratory, National Model Aviation Museum, John Deere Company, The Henry Ford, Forest History Center, National Museum of the Great Lakes, and the University of Wisconsin Geology Museum. The traveler is provided with essential information, including addresses, telephone numbers, hours of entry, handicapped access, dining facilities, dates open and closed, available public transportation, and websites. Nearly every site included here has been visited by the authors. Although written with scientists in mind, this book is for anyone who likes to travel and visit places of historical and scientific interest. Included are photographs of many sites within each state.
Royals and Rebels
Authors: Atwal Priya
Published: January 2021

In late-eighteenth-century India, the glory of the Mughal emperors was fading, and ambitious newcomers seized power, changing the political map forever. Enter the legendary Maharajah Ranjit Singh, whose Sikh Empire stretched throughout northwestern India into Afghanistan and Tibet.
Priya Atwal shines fresh light on this long-lost kingdom, looking beyond its founding father to restore the queens and princes to the story of this empire’s spectacular rise and fall. She brings to life a self-made ruling family, inventively fusing Sikh, Mughal and European ideas of power, but eventually succumbing to gendered family politics, as the Sikh Empire fell to its great rival in the new India: the British.
Royals and Rebels is a fascinating tale of family, royalty and the fluidity of power, set in a dramatic global era when new stars rose and upstart empires clashed.
Peaceful Purposes for the Benefit of All Mankind
Authors: Blount P.J.
Published: January 2021

This chapter argues that the Outer Space Treaty contains, in addition to its legal content, ethical content. The chapter then analyzes the text of the treaty to reveal this ethical content and connect it to the twin goals of the peaceful uses of outer space (found in international space law) and the maintenance of international peace and security (found in general international law). The analysis contends that, while the ethical content of the Outer Space Treaty does not create hard legal obligations, it does inform the nature of the legal content of the norms set out by the treaty. Finally, this chapter will also evaluate how the ethics deployed by the treaty have fared in the contemporary geopolitical context.
U.S. Space Dominance
Authors: Johnson-Freese Joan , Smith Kenneth
Published: January 2021

This chapter considers the ethical implications of the United States trying to achieve “space dominance” as part of an increasingly muscular U.S. “space warfare is inevitable” outlook. The methodology used in the analysis is drawn from Santa Clara University’s Markkula Center for Applied Ethics, using utilitarian, rights, fairness, common good, virtue, and technology considerations as ethical decision-making lenses. Additionally, the chapter examines space dominance as a function of time and contractarianism. It concludes that the U.S. pursuit of space dominance appears to stem mostly from fear and self-interest, and that a better approach would be to shift more closely to honor and self-interest by pursuing more balance between military readiness and assiduous diplomacy. There is, however, no evidence that the latter approach is being considered.
The Legal Challenge of Arms Control in Space
Authors: Su Jinyuan
Published: January 2021

The research and development, testing, production, storage, and deployment of antisatellite weapons (ASATs) is limited directly by the law of space arms control and indirectly by the law of environmental protection. The former only prohibits the testing and deployment of ASATs in a partial manner, with conventional space-based ASATs and ground-based ASATs unaddressed. The latter may constrain the right to test and use ASATs, by limiting their exterior impact on the environment and/or their potential interference with others’ activities. While the law of environmental protection is complementary to the law of space arms control in protecting the space environment from damage caused by military activities, to address the core issue of space security lies in the strengthening of space arms control itself.
Prominent Security Risks Stemming from Space Hybrid Operations
Authors: Robinson Jana
Published: January 2021

To date, discussions concerning hybrid threats have been almost exclusively focused on the terrestrial and maritime domains, and space has been largely excluded from such international exchanges. This is despite the fact that, for the most part, the same actors, mindsets, and techniques are presently in play in the space domain as well. Moreover, hybrid operations conducted by adversaries in any of these domains have the potential to negate critical space systems. This chapter seeks to provide a better understanding of this complex new issue area for space and help identify and implement a more informed security policy framework. It suggests that strengthened resilience and deterrence, including through cross-domain response options, is required to protect against these space hybrid operations and the critical benefits and capabilities they target.
A Proposed Transparency Measure as a Step Toward Space Arms Control
Authors: Doucet Gilles
Published: January 2021

This chapter describes a multilateral transparency measure requiring “notification of transfer of kinetic energy to an object in Earth orbit.” This proposed transparency and confidence-building measure would address a number of stumbling blocks in space arms control, such defining weapon in outer space and the challenges of verification, and offers the potential of easing tensions, increasing trust, and achieving a more secure space operating environment. This TCBM is based on behavior and the transparency will assist in differentiating commercial/civil R&D from military activities in the emerging fields of on-orbit servicing and active debris removal. This measure would make it more difficult for States to surreptitiously develop antisatellite weapons, and may also reduce the perceived need for such capability.
Mongolia: After Successful Containment, Challenges Remain
Authors: Krusekopf Charles , Jargalsaikhan Mendee
Published: January 2021

This chapter focuses on Mongolia’s response to the Covid-19 pandemic. Mongolia was highly successful in containing Covid-19 and preventing community outbreaks. It worked closely and successfully with neighbouring countries and international organizations such as the World Health Organization to develop and implement public health measures and testing. Moreover, Mongolia was one of the first countries to close its borders; quick and successful actions by the government to shut schools and businesses, restrict social gatherings, and ban international arrivals allowed the country to self-isolate and avoid a larger outbreak. This self-isolation, however, presents challenges in maintaining economic functioning as the country is highly dependent on imports of many consumer products and exports of natural resources. In May of 2020, the country started to move ahead with plans to reopen some businesses; trade with China started to resume to allow the export of key commodities such as coal and copper, but longer-term challenges remained due to high internal and external debt levels, continued international travel and trade restrictions, and the global economic slowdown.
Constructing the Impossible
Authors: Fine Kit
Published: January 2021

Please keep the original abstract. A number of philosophers have flirted with the idea of impossible worlds and some have even become enamored of it. But it has not met with the same degree of acceptance as the more familiar idea of a possible world. Whereas possible worlds have played a broad role in specifying the semantics for natural language and for a wide range of formal languages, impossible worlds have had a much more limited role; and there has not even been general agreement as to how a reasonable theory of impossible worlds is to be developed or applied. This chapter provides a natural way of introducing impossible states into the framework of truthmaker semantics and shows how their introduction permits a number of useful applications.
The Early Twelfth-Century Perspective in English Historical Writing
Authors: Garnett George
Published: January 2021

Chapter 1 explains why, about 40 years after the Conquest, a number of English monastic historians tried to construct the first histories of England to be written since Bede’s Ecclesiastical History. According to William of Malmesbury, English historical writing has been a chain broken at Bede’s death. The sudden initiative to mend that chain at the beginning of the twelfth century was prompted by the need, consequent on the Conquest, to validate title to ecclesiastical land and to authenticate the claims of English saints to sanctity. The chapter argues that the wholesale rebuilding of major English churches in the half century after the Conquest also played a key part. It explains why most of the historians were precentors (or cantors) of their institutions. By examining in detail their treatment of the Conquest itself, it shows how they connected post-Conquest England with what had preceded it. The effect was to create a continuous history of England which transcended the Conquest.
The Preservation of the Sources for English Medieval History in the Sixteenth Century
Authors: Garnett George
Published: January 2021

Chapter 8 opens with two events which took place in the summer of 1568: the commission to Archbishop Matthew Parker to identify and record manuscripts dispersed from monastic libraries, especially books with a bearing on English history, and the publication of William Lambarde’s APXAIONOMIA, his edition of Old English law, much of it in parallel text, Old English and Latin. The chapter then reverts to the dissolution itself, and who can be shown to have saved which particular books. It pays particular attention to the activities of John Leland, John Bale, and certain bibliophilic royal commissioners, most notably Sir John Prise. Although initial official interest in English history concentrated on the period of the conversion and before, collectors saved the great works of the twelfth century, and it was these that Prise envisaged in his will should be edited and printed. The chapter then considers the circle around Parker, most particularly John Joscelyn, and the use they made of the medieval English histories in their polemical works on ecclesiastical history. Parker’s editions of Matthew Paris were the first works of medieval English historiography to be printed, probably on account of Matthew’s anti-papal instincts. In counterpoint with all this concern for the sources, the chapter also addresses the Italian Polydore Vergil’s recently published and influential attempt to write up English medieval history, for the period in question largely on the basis of the great histories of the early twelfth century.
Elizabethan Study of Old English Law and Its Post-Conquest Endorsement
Authors: Garnett George
Published: January 2021

Chapter 9 focuses on the second great achievement of 1568: the publication of William Lambarde’s edition of many Old English law codes, and two of the post-Conquest apocryphal confirmations of them, viz a code attributed to William I (Willelmi Articuli) and the Leges Edwardi Confessoris. The edition is shown to have been as much the achievement of Lambarde’s sometime tutor, Laurence Nowell, as of Lambarde. Their study of different medieval manuscripts is reconstructed, and their selection of materials for inclusion (and exclusion) is explained. The edition was heavily influenced by both a twelfth-century amplified version of Quadripartitus which had come into the hands of Archbishop Matthew Parker (and later passed into those of Sir Edward Coke), and by the London Collection of the Leges Anglorum. Both have been continuous threads running through this book since Chapter 3. This chapter makes extensive use of Nowell’s manuscript transcriptions and studies, which have hitherto been largely ignored. It also examines the manuscript collection of William Fleetwood, an MP with interest in English legal history, and of other members of the newly founded Society of Antiquaries, in particular Francis Tate and Robert Cotton. Lambarde’s other publication, notably his Archeion, are also briefly examined for their treatment of the Conquest, as are the two editions of Holinshed’s Chronicles. The chapter concludes with a discussion of the renewed interest late in Elizabeth’s reign in Magna Carta and Modus tenendi parliamentum, both of which had implications for understanding of the Conquest.
Three Theological Objections
Authors: Wood William
Published: January 2021

The book begins with three very brief chapters that collectively introduce the work as a whole. Chapter 2 discusses three common theological objections to analytic theology: the objections from history, mystery, and practice. The objection from history argues that analytic theology does not take history or historical contingency seriously enough. Sometimes, this objection takes an even more direct form: analytic theologians are simply ignorant of the history of doctrine, and of historical sources more generally. According to the objection from mystery, analytic theology falters because it is not well suited for grappling with the mystery and paradox that lie at the heart of the Christian faith. The objection from practice holds that analytic theology is spiritually sterile and therefore not really a form of genuine theology at all. Although they all have some purchase, these three objections do not finally succeed as objections to analytic theology as such, though they may apply to individual analytic theologians. I outline the argument of Part III, which calls for a more “theological analytic theology,” and defends analytic theology from a nest of connected objections that all concern idolatry.
A Theology of Analytic Reason
Authors: Wood William
Published: January 2021

Part III calls for a more theological analytic theology and defends analytic theology from some common theological objections. Chapter 6 argues that the Christian doctrine of creation furnishes a warrant for analytic theology. The doctrine of creation gives us good reason to value theology as such, traditionally understood as faith seeking understanding. So the only real question is whether analytic theology counts as a legitimate way for those with faith to seek understanding. This question resolves into the practical question of whether analytic theology really can help us distinguish theological truth from theological falsehood. The answer to this question is: sometimes, but not always.
On “Theistic Personalism”
Authors: Wood William
Published: January 2021

Part III calls for a more theological analytic theology and defends analytic theology from some common theological objections. Chapter 9 considers worries about “theistic personalism,” and the charge that the God that emerges from analytic theology is still too limited and anthropomorphic to be the God of the Christian faith. According to critics, treating God as a person, even the greatest conceivable person, is equivalent to treating God as a very exalted creature. Analytic theologians have a variety of ways to avoid this charge. When properly understood, analytic perfect being theology is a way of affirming the creator/creature distinction, not a way of effacing it.
Conclusion
Authors: Wood William
Published: January 2021

For all their differences, contemporary theologians and scholars of religion typically endorse the “postsecular consensus,” which holds that “the religious” and “the secular” are specifically Christian-theological constructions that emerged together, in early modernity. Analytic theology stands in a complicated relationship to the postsecular consensus. Analytic theology is a modern form of inquiry, and that is why it can flourish in the secular university, which continues to enforce modern intellectual norms. Yet analytic theology is not exclusively or deleteriously modern, and that is why it can also count as fully theological. These two claims pull together several strands of argument found across the book as a whole, and so they serve as its fitting conclusion.
Freedom from Violence and Exploitation
Authors: Fenton-Glynn Claire
Published: January 2021

This chapter explores the jurisprudence of the European Court of Human Rights in relation to violence against, and exploitation of, children. It considers the extensive case law of the Court surrounding corporal punishment (in judicial settings, in schools, and in the home), as well as the positive obligation on states to protect children from parental child abuse. It also considers the protection provided for children from sexual violence by the Convention, including the requirement of child-sensitive procedures. Finally, it examines the Court’s jurisprudence concerning child marriage, and forced or compulsory labour, servitude, and slavery, particularly in the context of military service and domestic servitude.
Children and the Immigration System
Authors: Fenton-Glynn Claire
Published: January 2021

This chapter focuses on children and the immigration system. It considers the separation of children and their parents in three contexts: deportation of parents without a right to reside; expulsion of a parent following the commission of a criminal offence; and expulsion of a child following the commission of a criminal offence. It then goes on to analyse the case law on family reunification and the obligation on states to allow children to enter a state where their family is currently residing. Finally, it examines the situation of children in immigration detention—both as unaccompanied minors and where they have been detained with their parents.
Social and Economic Rights
Authors: Fenton-Glynn Claire
Published: January 2021

This chapter focuses on four social and economic rights which have been invoked in relation to children before the European Court of Human Rights: the right to health care, the right to a healthy environment, the right to property, and the right to social welfare. In relation to health care, it considers issues concerning consent to treatment, immunisation and disease prevention, privacy, and medical negligence. The chapter then examines the issue of abortion, focusing on the status of the unborn children under the Convention, as well as the right to effective access to treatment. The right to a healthy environment is also analysed, although this issue has only been briefly considered in the context of children’s rights. Finally, the child’s right to property, in the context of misuse of property, inheritance rights, and child maintenance are considered, as well as social security and social welfare, including parental leave and allowances, and access to state benefits.
Private Law Child Disputes
Authors: Fenton-Glynn Claire
Published: January 2021

One of the most prolific areas of jurisprudence of the European Court of Human Rights relates to private law disputes concerning children: the extent of parental authority; custody and residence; access and contact; parental child abduction; as well as the procedural rules that accompany them. This chapter explores how these have come before the Court, and the ways in which children’s rights have been conceptualised, both in the applications themselves and in the Court’s decision-making. It also examines the rules of standing to bring a case on behalf of a child, as well as the right to represent the child before the Court, and argues that the current rules provide inadequate protection for the rights of children.
Adoption
Authors: Fenton-Glynn Claire
Published: January 2021

This chapter considers the Court’s jurisprudence in relation to adoption. Starting with adoption by a step-parent, it examines the approach of the Court to dispensing with parental consent, as well as challenges to laws prohibiting adoption by same-sex couples. Next, the chapter turns to adoption in the context of child protection proceedings, examining the substantive and procedural obligations on states and the interpretation of the best interests of the child in this context. The chapter also considers intercountry adoption, including the recognition and enforcement of adoption orders, as well as the involvement of children in decision-making. Finally, the chapter examines eligibility criteria for adoptive parents, focusing particularly on the issues of single-parent adoption and adoption by homosexual individuals.
The New Party Challenge
Authors: Haughton Tim , Deegan-Krause Kevin
Published: January 2021

Why are there so many new parties? Why do so few of them survive? And why are they appearing and disappearing in so many more countries these days? Based on hundreds of interviews with party leaders, activists and voters and three decades of election results across Europe, The New Party Challenge introduces new tools for mapping and measuring party systems and develops an integrated conceptual framework for analysing the dynamics of party politics, particularly the birth and death of parties. The book charts and explains the patterns of politics in Central Europe since 1989, and then shows how similar processes are at play on a far wider geographical canvas. The repeated breakthroughs of new parties poses multiple challenges: existing parties that must staunch the outflow of disillusioned voters to fresh alternatives, new parties must figure out how to hold on to those new voters in the face of even newer alternatives, and society as a whole must find a way to pursue long-term policies in a political environment where the roster of political actors is constantly changing. The book underlines the importance of agency and choice in explaining the fate of parties, highlights the salience of the clean versus corrupt dimension of politics, charts the flow of voters in the new party subsystem and emphasizes the dimension of time and its role in shaping developments. The book concludes by reflecting on how the emergence of so many short-lived new parties may affect the health and quality of democracy, and what could and should be done.
Religion, Law, and Democracy
Authors: Böckenförde Ernst-Wolfgang
Published: January 2021

This is the first representative edition in English of Ernst-Wolfgang Böckenförde’s writings on religion, law, and democracy. As a historian, legal scholar, and former judge on Germany’s Federal Constitutional Court, Böckenförde (1930–2019) has shaped legal and political discourse in twentieth-century Germany like few others. Doing so, he combined three normative orientations writings as a political liberal, as a social democrat, and as a Catholic. The included articles discuss the place of religion in modern democracy, the role of the Catholic Church in the Nazi seizure of power in 1933, the Copernican revolution of Vatican II in embracing religious freedom and accepting the modern secular state, the history of the concept of freedom of conscience, the relation of religion and state in Hegel’s writings, democratic models of secularism, theological reflections on the character of secular law, models of political theology, the need for canon law reform, and bioethical issues, such as the regulation of abortion, genetic screening, and in vitro fertilization in light of the constitutional principle of human dignity. This is the second of two volumes, of which the first, published in 2017, brought together articles in constitutional and political theory. Beside fifteen articles, the volume contains excerpts of the biographical interview that historian and legal scholar Dieter Gosewinkel conducted with Böckenförde in 2009/2010. Introductions and annotations by the editors accompany the text throughout, providing background explanations on the context of German and European politics and history. A comprehensive list of Ernst-Wolfgang Böckenförde’s publications is included in an appendix.
Mexico’s Progresa-Oportunidades-Prospera programme and the rise of social assistance in Latin America
Authors: Niño-Zarazúa Miguel
Published: January 2021

This chapter provides an analysis of the political and economic conditions under which Mexico’s Progresa (later renamed as Oportunidades, and more recently as Prospera) was introduced to prelude the rise of social assistance in Latin America. The chapter identifies four distinctive features of the programme that were revolutionary in their own right. First, Progresa-Oportunidades-Prospera embraced a multidimensional approach to poverty, linking income transfers with simultaneous interventions in health, education, and nutrition. Second, the programme focused on the poor, in clear contrast to generalized food subsidies that dominated previous antipoverty interventions. Third, the programme followed a complex system of identification and selection of beneficiaries explicitly designed to prevent its political manipulation. Finally, an independent impact evaluation protocol proved to be crucial in strengthening the programme’s legitimacy across different political factions during unprecedented democratic transitions in the country.
Health System
Authors: Sin Julie
Published: January 2021

This chapter covers the visible and ‘behind-the-scenes’ components of health system structures. There is a range of visible structures such as GP practices, hospitals, community health services, and mental health services. They are more visible to the population at large because of their direct association with delivering care and their everyday presence in the community. Behind that layer is a layer to plan and secure health services for populations (commissioning). There have been various formats for doing this over time, for example health authorities, primary care trusts and clinical commissioning group type configurations. This layer aims to distribute available resources across services to reach those in need in an equitable way. The development of this layer, why it or its equivalent is needed, and who commissions what in general, is discussed. The constancy of the population approach, whatever the health service structures of the day, is observed.
Public Health
Authors: Sin Julie
Published: January 2021

This chapter is about the terminology and practice of the public health specialty to assist insight into its connections with health services for populations. Public health practice is about considering health at a population level. For orientation, the semantics of the term public health are also discussed as part of aiming for effectiveness of dialogue in this area of health service practice. In the public health specialty there are three core domains of public health practice, and healthcare systems will interact with all three. One of these domains, Healthcare Public Health (HCPH) is particularly relevant to the commissioning of health services. This is concerned with improving health outcomes through health services quality and effectiveness. Its work is an integral part of the commissioning function for health services. All three domains are described for the commissioner’s orientation, namely the work of health improvement, health protection, and healthcare public health.
Evidence Hierarchy
Authors: Sin Julie
Published: January 2021

This chapter is about making sense of evidence from research studies from a commissioner and evidence-user perspective. A basic evidence hierarchy is described for general orientation to the concept that some study designs are more reliable than others in attempting to understand cause and effect, and there is orientation to the main study types in the hierarchy (randomized trials, cohort and case-control studies, etc.) Clearly it is the overall weight of evidence for a particular course of action that is important, although familiarity with basic concepts of study robustness remains useful in itself for making sense of the many items of evidence that present in everyday practice. The value of evidence from studies addressing non cause and effect type questions (for example seeking understanding about behaviours and beliefs) is discussed. The role of the evidence-user in making use of these concepts and enabling evidence informed practice is also described.
Quality
Authors: Sin Julie
Published: January 2021

This chapter looks at the topic of health services quality from a commissioning and whole population perspective. Quality is noted to be a multidimensional concept and dimensions of quality are considered. The role of the commissioner in maintaining and improving quality of services is explored, and this is seen within a wider backdrop of a health system with commissioner and provider functions (if there are such distinctions in the system). Commissioners need to know whether they are securing quality care for their population for the money spent. They also need an understanding of how this dovetails with the provider perspective on this topic. Commissioners also need to be able to articulate what they wish to assess in practice under the guise of quality. Finally, at a system level there are also bearings on how to compile and interpret a picture of a population’s health if needed.
Introduction
Authors: Hone Joseph
Published: January 2021

When and how did Pope become the literary colossus we know today? Until now scholars of Pope’s early career have focused on his involvement with the so-called ‘Scriblerus Club’ comprising Swift, Arbuthnot, Gay, and Parnell, and the circles of famous authors such as Joseph Addison and William Wycherley. This introduction begins by setting out a new context for understanding Pope’s early career: in the literary circles dominated by the Duke of Buckingham and his friends. It then explains the holistic methodological approach of the book and how its questions intersect with existing scholarship on Pope and his world. This is followed by a brief outline of the chapters.
Manuscript Circulation
Authors: Hone Joseph
Published: January 2021

This chapter challenges enduring assumptions about Pope’s early uses of scribal publication. Drawing on a wealth of famous and hitherto overlooked or unknown manuscript sources, it reconstructs the early circulation of Pope’s poems. The chapter explores the methods by which Pope’s fair copy holographs circulated among select readers and, in the second section, examine important differences between the manuscript and printed texts of his poems. The third section traces the distribution of his early poems in contemporary manuscript miscellanies. Pope’s earliest manuscript readers, it argues, viewed him as the latest addition to a grand tradition of seventeenth-century royalist poetry. The last section of the chapter investigates what remains of Pope’s juvenile epic, Alcander, Prince of Rhodes. Tracing the textual history of the Alcander manuscript from its origins in 1701 to its destruction in 1717, it argues that the poem’s non-appearance in print was probably due to political factors rather than literary ones.
Introduction. The War Lawyers and the Self-Legalization of the Military
Authors: Jones Craig
Published: January 2021

This introductory chapter provides an overview of the book’s scope, aims, methods, and arguments. It argues that in recent decades the United States and Israel have been at the forefront of efforts to widen the scope and space of what constitutes a permissible military target. This has been achieved not by ignoring or circumventing the laws of war but through extensive and diligent interpretive legal work. These interpretive efforts signal not so much an assault on international law (as some have claimed); rather, they represent an assault through international law, whereby its language and content are employed in the service of mission success. The chapter also explains how and why military lawyers became integrated in the ‘kill chain’—the bureaucratic process by which targets are identified and attacked. Key legal, military, and analytical terms are explained en route.
Targeting Gaza
Authors: Jones Craig
Published: January 2021

This chapter examines how Israel Defense Force (IDF) lawyers came to play a crucial role in aerial targeting operations in Gaza and how they helped to develop a targeted killing policy in the post-2000 Second Intifada period. It outlines the historical roots of the Military Advocate General Corps (MAG Corps) in the creation and administration of the occupied Palestinian Territories. It then shows how in the early 2000s Israeli military lawyers became instrumental in devising new legal concepts and categories to expand the definition of what (and who, under what circumstances) constitutes a lawful target. It further argues that Israeli military lawyers have been pivotal in calibrating military violence in all of the recent major aerial assaults on Gaza, including ‘Operation Cast lead’ (2008–2009), ‘Operation Pillar of Defense’ (2012), and ‘Operation Protective Edge’ (2014). The mutual influence of US and Israeli targeting policies is also examined.
The Kill Chain (I)
Authors: Jones Craig
Published: January 2021

This is the first of two chapters analysing the role of military lawyers in the contemporary US kill chain. This chapter focuses on deliberate (planned) targeting operations and the routine nature of legal advice at a key location in the US targeting apparatus—the Combined Air Operations Center (CAOC) in Qatar. Military lawyers participate throughout the ‘targeting cycle’ giving legal, operational, and public relations advice. In contrast to inflated claims about the ‘total’ visibility of the battlespace, planned operations are beset with gaps in intelligence and emergent events. Legal oversight is far from complete, given the scale of lawyer deployment. Moreover, the legal frameworks that military lawyers bring to bear on the kill chain are malleable and open to a wide range of interpretations. In practice, this means that the constraining function of targeting law often loses out to its enabling function with consequences for who and what is targeted.
Improving ‘shark park’ protections under threat from climate change using the conservation physiology toolbox
Authors: Bouyoucos Ian A. , Rummer Jodie L.
Published: January 2021

Sharks and rays are among the most threatened aquatic vertebrate taxa. This is due to a combination of their slow generation times, exploitation within the fisheries, and habitat degradation. Climate change was added as an additional, major threat to sharks and rays in the first decade of the 21st century. While marine protected areas are becoming more widespread, managing and conserving sharks and rays is complicated. Yet, the conservation physiology toolbox can be used to address such challenges. Here, we highlight studies from the Physioshark project, a conservation physiology research programme initiated to understand how human-induced stressors, primarily climate change, will affect tropical sharks and rays and the consequences for the health and viability of populations. We also highlight how other research teams from around the world have taken physiological approaches to understanding conservation problems for sharks. We then emphasize the importance of public outreach and education about the conservation issues sharks encounter, the benefits of using social media to disseminate key concepts, publications, presentations, media, and successes, and we underscore the power of storytelling through digital media as an important means for attracting attention to research, which can result in support and action.
General Introduction
Authors: de Sadeleer Nicolas
Published: January 2021

First, this introduction sets out the main objective of this book, which is to determine the status and evaluate the contribution made by the three foremost environmental principles—polluter-pays, prevention, and precaution—to the construction of environmental law at the international, EU, and national levels. Second, it highlights that the concept of risk has become the activating concept of modern environmental law. Most of the environmental risks produced by industrial society have been the subject of preventive regulatory measures. This introduction explains that a new generation of risks has emerged due to the general inability of scientists to make reliable predictions about hazards due to uncertainties or insufficient knowledge and, on the other hand, by the impossibility of assessing the character of damage that might occur. It focuses on the possibility that law-makers may choose more open concepts, particularly those principles for which no fixed definition can be found.
Part I Conclusions
Authors: de Sadeleer Nicolas
Published: January 2021

The conclusion highlights that the polluter-pays, preventive, and precautionary principles must be considered in terms of interaction rather than opposition, particularly since they are operationally interdependent. Indeed, the precautionary principle calls for the presence of prevention, which in turn implies support for the polluter-pays principle. A preventive policy that would no longer be financed by the polluter-pays principle would be destined to fail. In addition, the conclusions of Part I highlight that the polluter-pays, preventative, and precautionary principles are well represented in positive law; they are helping to shape new legal instruments and adapt mechanisms, not necessarily specific to environmental law, intended to achieve protective ends.