bluuebunny/crossref_metadata_2025 huggingface dataset:
Conclusion
Authors: Burford Mark
Published: November 2018

IN DECEMBER 1951, Columbia Records released a four-LP set produced by George Avakian, The Bessie Smith Story, offering a curated selection of remastered recordings that the great blues singer made for the label in the 1920s and 1930s. “To those who knew her and were familiar with her work,” ...
Introduction
Authors: Cheffins Brian R.
Published: November 2018

This chapter introduces the reader to the changes the American public company has experienced that The Public Company Transformed explores. To set the scene, the basic chronology is summarized and the book’s contribution to the vast literature on corporations is spelled out. Case studies of two iconic American business enterprises then illustrate in a concrete fashion key trends examined in detail in the remainder of the book. The case studies focus on the American Telephone and Telegraph Company (AT&T) and General Electric, companies that were prominent throughout the period the book covers. The chapter concludes with an overview of the remainder of The Public Company Transformed.
The 1970s
Authors: Cheffins Brian R.
Published: November 2018

Chapter 3 addresses the 1970s, a decade when managerial capitalism continued to prevail in large American public companies but the scene was being set for its displacement. Confidence in large corporations and the executives running them suffered due to American businesses losing ground to foreign challengers, setbacks affecting prominent conglomerates, and revelations of illicit payments by numerous well-known corporations. The difficulties afflicting 1970s public companies helped to set in motion a corporate governance reform process oriented around improving managerial accountability which continues to this day. Regulation of business increased considerably during the opening half of the decade but erosion of faith in government ultimately undermined continued momentum in this direction.
The 1990s
Authors: Cheffins Brian R.
Published: November 2018

Chapter 5 deals with the 1990s, a decade when changing market conditions dramatically affected perceptions of public companies and the executives in charge. Pessimism prevalent as the 1990s got underway would dissipate in a few years with the American economy and the stock market both thriving. Public company executives ended the decade riding high in a manner that was unmatched throughout the post–World War II era. Concomitantly, confidence in the efficacy of internal and external constraints affecting public company management grew substantially. Optimism about corporate governance would quickly dissipate, however, when public companies suffered a sharp reversal of fortunes as the 2000s got underway.
Conclusion
Authors: McGovern Nathan
Published: November 2018

The concluding chapter reviews the book’s argument and argues that scholars have been confusing cause and effect in attributing the rise of the early Indian religions to a metahistorical distinction between “Brahmanical” and “non-Brahmanical” forces, rather than understanding this distinction as arising historically out of a process of identity formation. I have argued that by dropping the assumption of a fundamental dichotomy between Brahmanism and the śramaṇic tradition, and of the metahistorical priority of the former, we see more clearly how Brahmanical and śramaṇic identities arose in ancient India, and the chapter provides some speculations on the sort of historical model this new methodology might imply. Finally, it discusses the implications the new methodology has for modern Indian discourses and for our understanding of the origins of religious traditions around the world.
Mobilizing the Home Front
Authors: Kozelsky Mara
Published: November 2018

Crimea was a home front before it was a war zone. With a focus on the implementation of martial law in Crimea, chapter 1 covers the period from mobilization in 1852 through the eve of the Allied landing in Crimea in September 1854. The related discussion of military resource extraction addresses the difference between obligation and charitable donation. This chapter also explores cultural aspects of the home front, with special attention to the rise of religious nationalism and latent inter-ethnic and inter-confessional tensions among Crimea’s diverse population. Already before violence reached Crimean shores, breakdown in military-civilian authority is evident as is the perception of Crimean Tatars as enemies of the state. In broad brushstrokes, the chapter analyzes how international conflict shaped life in Crimea at the local level.
Between War and Peace
Authors: Kozelsky Mara
Published: November 2018

Sevastopol capitulated in September of 1855, nearly one year after the siege had begun. The Allies did not pull out of the peninsula until May 1856, well after the official declaration of peace. Thus, even after the fall of Sevastopol, war continued to ravage Crimea. Armies further denuded landscapes. They requisitioned food, and worked thousands of animals to their deaths. This chapter opens with the Battle of the Chernaya River and the subsequent fall of Sevastopol in September 1855 and continues through the declaration of peace in March 1856. It ends with the arduous process of demobilization several months later. Subjects include the fortification of Crimea’s interior, the Battle of the Chernaya River, the capitulation of Sevastopol, the Allied attack on Kinburn fortress, the declaration of peace, and the transfer of Crimean territory from the Allies back to Russia.
Ordering Legality
Authors: Idris Murad
Published: November 2018

Gentili, Grotius, and other jurists absorb war and peace into the frame of law. They license the expansion of law into the basic measure for both conceptualizing and regulating war and peace. In the process, they produce a polemical opposition between enemies by law and enemies of law, or the lawful and the lawless. Against lawless, faithless enemies of law, peace is uncertain if not impossible. Such enemies include those with a different form, like pirates, expansionary empires, and peoples with “criminal” or “unnatural” customs. At the same time, Gentili and Grotius imagine that the laws of war and peace are perpetual and universal: they apply to all peoples everywhere. Colonialism enables them to gather and treat distant peoples’ practices as an assurance of their law’s universality.
Policing Humanity
Authors: Idris Murad
Published: November 2018

This chapter examines the opposition between productive war and purposeless violence through Immanuel Kant’s and Sayyid Quṭb’s writings on peace. Kant criticizes colonialism, but he passively sanctions its historical structures, and his ambiguities about intervention and statehood open to imperial action. Kant’s discussions of Arabian Bedouins, political economy, and hospitality, and his construction of the globe through imagery drawn from Orientalism, reframe how his peace plan produces an unjust enemy. Meanwhile, Quṭb’s theorizations of empire and postcolonialism diagnose Euro-American empires as unjust enemies. In his neglected peace plan, he proposes reforming the legal order of states in the “Islamic world,” creating a federation, and policing the globe against imperial aggression. The shared sequence of state, law, and federation provides a grammar for determining who polices the globe and for diagnosing whose political form and legal order are wrong. The idea of universal peace anticipates a lawless enemy of peace.
Dynastic Alliances
Authors: Woodfield Ian
Published: November 2018

The onset of the Austro-Turkish War had a major impact on opera in Vienna, as Joseph II decided on economic grounds to close one of his two companies, bringing to an end two years of intertroupe rivalry. His choice fell on the Singspiel ensemble which was instructed to disband. On the political front, two dynastic Habsburg marriages had to be scheduled in haste: between Archduke Franz, nephew of Joseph II, and Elisabeth von Württemberg, who was sponsored by Catherine the Great of Russia, and between Maria Theresia, the emperor’s niece, and Prince Anton of Saxony. Three festive operas were commissioned: Martín y Soler’s L’arbore di Diana, Salieri’s Axur, and Mozart’s Don Giovanni. In the growing political turmoil, Mozart’s commission was not ready in time, and Joseph II ordered that Figaro be given instead.
In Time of War
Authors: Woodfield Ian
Published: November 2018

The year 1788 was a difficult one for the Austrian Monarchy, as the first campaign of the war against the Ottoman Empire ended inconclusively. Joseph II and Archduke Franz were away from Vienna, serving with the army. With persistent rumors that the opera buffa troupe was to be disbanded, the Vienna stage was affected by declining attendance rates. Against this background, Don Giovanni faced additional obstacles: the very late arrival of the new prima donna; the pregnancies of two leading singers; the poor reception accorded to newly recruited tenor and bass performers. In August, Joseph II finally announced that Italian opera would be discontinued at the National Theater at the end of the season. He returned to Vienna at the end of the year, a seriously ill man.
Introduction
Authors: Singer Abraham A.
Published: November 2018

This chapter introduces the main argument of the book, describing key concepts such as the idea of “norm-governed productivity,” the use of norms to structure cooperation instead of prices. It then defines the concept of the corporation, describing the institution’s key features, and lays out the general structure of the book. Finally, it considers some conceptual and methodological issues that frame the rest of the book: the distinction between economic and political approaches, and the problem of trying to subsume the topic wholly into one or the other; and an argument for why a normative analysis of the corporation has to take certain features of markets and capitalism for granted.
A Framework for a Political Theory of the Corporation
Authors: Singer Abraham A.
Published: November 2018

This chapter provides the methodological framework for the rest of the book. It adopts a method of laying out the assumptions that are inherent to our current social institutions, and using them to critically engage with extant corporate structures and practices. It begins by laying out two presuppositions that seem to characterize our political and economic order: (1) liberal democratic norms and institutions are preferable to others; and (2) markets should function as the basic institution for coordinating economic activity. After reviewing each of these presuppositions, the chapter shows that they are in conflict with the institution of the corporation, which uses nonliberal democratic norms and nonmarket modes of coordination to structure its operations. The discussion then articulates the key questions that a political theory of the corporation ought to address in order to resolve this puzzle.
The Chicago School’s Theory of the Corporation
Authors: Singer Abraham A.
Published: November 2018

This chapter analyses the Chicago school theory of the corporation, which reduces the corporation to a set of purely market processes, a nexus of contracts. The chapter begins by offering a conceptual clarification of what the Chicago school is, and how it builds on a strand of Ronald Coase’s thought different from the theory of transaction costs. It then discusses the important components of its theory of the corporation: profit-maximization ethics; agency theory; property rights theory; and the economic theory of corporate law. The chapter concludes with a rehearsal of how the Chicago school answers the questions posed in the first chapter.
From Market to Firm to Market Again: A Recap
Authors: Singer Abraham A.
Published: November 2018

This chapter reviews the theories covered in Part I and then reflects on certain features of the Chicago school. In particular, we see that the Chicago school is characterized by its assumption that agents have exogenous preferences. This distinguishes the Chicago school from other traditions of social analysis that consider or focus upon the ways in which contexts and institutions alter agents’ preferences. While the rest of the book criticizes this approach, this chapter concludes by noting that we need to take seriously a key Chicago school idea: that the results of a particular market might actually be reflective of people’s preferences, even if they seem to run afoul of certain moral intuitions we have.
Toward a Relational Corporate Law
Authors: Singer Abraham A.
Published: November 2018

This chapter begins the presentation of a normative theory of the corporation, assessing corporate law in light of the argument in Part II. It argues that the relational approach to law, developed and pioneered by 20th-century feminist political and legal theorists, has a natural affinity with the norm-governance approach developed in previous chapters. While not always explicitly dealing with the specific questions that this book is concerned with, the framework and method of analysis that these scholars have developed for other branches of the law are useful for drawing out the implications of the norm-governance theory for questions of corporate law. Drawing on this tradition, this chapter sketches out what a relational approach to corporate law and business entails, the types of concerns it can help register, and some of the consequences this approach has for how firms and corporations are, and ought to be, structured. This includes a novel way of understanding corporate personality, fiduciary duty, limited liability, and at-will employment.
Wordless Sounds
Authors: Winner Ellen
Published: November 2018

Philosophers have worried that music cannot be sad or happy. Only sentient creatures can have emotions. However, empirical studies show that people do perceive emotions in music, including music from unfamiliar traditions. The question then becomes how music conveys emotion. Research shows that structural features in music mirror how emotions are conveyed by prosodic features of speech. When we are sad we speak slowly, softly, and in a low register; and when music is slow and soft and low, we perceive it as sad. Other emotional properties (like the link between the minor mode and sadness, the major mode and happiness) may be learned, but this matter remains in dispute. The research provides no support for the claim that music does not express emotions. The conventional wisdom that music is the language of the emotions holds up very well.
Too Easy to Be Good?
Authors: Winner Ellen
Published: November 2018

This chapter examines whether beliefs about how an artwork was made unconsciously affect judgments. Philosopher Denis Dutton believed that we judge an artwork in part by the kind of achievement it represents. Something created without effort constitutes a different achievement from something created with much effort. One might assume that a work completed without much effort would be most valued because such a work is evidence of a greater talent than one completed with greater effort. However, research shows the opposite. All else being equal (and without priming people to think about talent), more effort leads to a more positive judgment. The history behind the work is part and parcel of the work. We cannot help but allow process to affect our evaluation of the product. This understanding helps to explain why many connoisseurs were angered by artist David Hockney’s theory that certain Renaissance artists used optical aids to achieve realism.
Identical!
Authors: Winner Ellen
Published: November 2018

Why we should care if a painting we find beautiful turns out to be a perfect fake is a profound question that philosophers have wrestled with. The fake is just as beautiful as it always was. Yet research confirms that we do not valorize works once we find out they are fakes. Studies show that we devalue perfect copies even when we admit they remain beautiful. This finding shows that there is more to what we value in a work of art than its pictorial properties. What we esteem is the work’s connection to history, to the hand of the master, and to what we know about the mind that made it. This conclusion is entirely consistent with philosopher Denis Dutton’s position that we judge a work by the kind of achievement we believe it represents.
Who Makes Art and Why?
Authors: Winner Ellen
Published: November 2018

This chapter asks who becomes an artist. The course of typical versus gifted artistic development is first delineated. This leads to the question of whether artists are individuals born with innate talent or simply the product of disciplined work. Psychologists have argued recently for the latter position, claiming that we can all achieve extreme levels in a domain as long as we are willing to engage in thousands of hours of effortful practice beginning at a young age. However, four pieces of evidence are presented against the it’s-all-practice view: early signs, biological markers of giftedness, rage to master, and evidence that individuals with the same intensity of practice don’t end up reaching the same level. The talent view turns out to have truth to it after all. The chapter concludes with a discussion and critique of evolutionary explanations for why we have art.
Intensifying Production
Authors: Mauldin Erin Stewart
Published: November 2018

Wartime damage intensified cotton production among small farmers. The disappearance of livestock, the increase in rates of animal diseases, and the lack of fencing materials meant that more farmers penned stock. Lapses in cultivation reinvigorated the land through crop rotation and vegetative regrowth, but this created false hopes for cotton yields at a time when preexisting debt posed enormous economic risk. The practice of shifting cultivation became less frequent throughout, but the fertilizers used to replace it did not halt erosion or correct soil-nutrient imbalances in the same way. Intensification gradually worsened farmers’ prospects. The environmental changes wrought by the war meant that southerners faced the “reconstruction” of their agricultural landscape without several cornerstones of the antebellum land-use regime. White farmers had to operate within the environmental limitations they had previously been able to circumvent, causing them to abandon food and livestock production in favor of cotton.
Facing Limits
Authors: Mauldin Erin Stewart
Published: November 2018

Changes in land use combined with ecological factors meant that many farmers’ land required too many inputs to remain profitable. Farmers had to plant cotton to pay for the fertilizer, seed, and provisions they needed to plant cotton. Had the subsistence economy existed as it had before the war, southern farmers might have used common spaces to raise provisions or livestock. Instead, sharecropping and tenancy created an ecological feedback loop that kept cotton farmers chained to that crop despite diminishing returns. By the 1880s, the South was producing more cotton than ever before, but the rates of debt and tenancy had escalated, spurring a wave of migration out of rural spaces and in to cities. Ultimately, by intensifying cotton production, farmers not only increased their integration with the market but also unwittingly accelerated a cycle of ecological change initiated by the war.
Onward Christian Soldiers
Authors: Ruse Michael
Published: November 2018

In 1914, Europe went to war, because of German expansionism, but without a central moral purpose as in 1939. Christian leaders had to scramble to find justification, which they soon located in our sinful nature, and most particularly the sinful nature of the opponents. In major respects, therefore, the First World War was a religious war, battling against the infidel. Anglican leaders, like the Bishop of London, Arthur F. Winnington Ingram, urged the necessity of killing Germans; and Lutheran leaders on the other side, like Adolf von Harnack, were no less bloodthirsty. There was an often-despised pacifist minority. In England, this included the philosopher Bertrand Russell, who was very much not a Christian, and members of the “Fellowship of Reconciliation,” who very much were Christians. In America, the Episcopalian bishop of Utah, Paul Jones, got the sack because of his pacifism, and the Catholic Ben Salmon was sent to jail and refused communion by his church.
From Hitler to UNESCO
Authors: Ruse Michael
Published: November 2018

Familiar lines of argument were followed in the interwar years and into the second great conflict. There was concern about the eugenical effects of war, with some reassuring, biologically informed thinking by the geneticist J. B. S. Haldane. Julian Huxley was significant in the period, arguing that evolution is indeed a progressive process up to humankind; that biological arms races play a significant role in this process, thus showing that in some sense war has been a good thing; and that now, thanks particularly to technology, we are in a position to move beyond war. Against this we have continued bellicose thinking in Germany, although the extent to which Hitler was influenced by Darwin is often overestimated. Homegrown philosophies were more important. We do see the rise of influential peaceful interpretations of Darwinism, notably by the American Quaker evolutionist, Warder Clyde Allee. He wrote in opposition to Austrian ethologist Konrad Lorenz who was happy to report on the support his thinking gave to National Socialism. The Inklings, the Christian fantasy writers, especially C. S. Lewis and J. R. R. Tolkien, hated the thinking of Julian Huxley. They knew an alternative religion when they saw one.
Darwinian Theory Comes of Age
Authors: Ruse Michael
Published: November 2018

As professional science, Darwinian theory is now a fully functioning paradigm. Darwinism as religion continues and war continues as a good confirmatory case study. There is now, thanks both to fossil finds and to refined molecular techniques, a much better understanding of human evolution and its history. This is new; the interpretations are not. There is much talk about killer apes, owing as much to Augustine as to Darwin, with speculations by Konrad Lorenz backed by dramatic writings by the film-script-writer-turned-amateur-anthropologist Robert Ardrey. Starting to play a major role are sophisticated studies of the great apes, notably Jane Goodall on wild chimpanzees and Frans de Waal on caged chimpanzees, the former moving more toward the innate nature of ape violence and the latter rather the other way. Major clashes about nature versus nurture occurred with anthropologist Ashley Montagu on the one side and biologist Edward O. Wilson on the other. There are an increasing number of naysayers, especially the Quaker bird-song specialist, William Thorpe, but the traditional picture persists. War is part of our biological heritage; it had to be a good thing inasmuch as it led progressively upward to humans, but it is now outdated and dangerous, and we can and should eliminate it.
A Cross-Cultural Approach to the Problem of Evil
Authors: Maharaj Ayon
Published: November 2018

This chapter adopts a cross-cultural approach to the problem of evil by bringing Sri Ramakrishna into conversation with recent analytic philosophers. Maharaj begins by exploring the philosophical resonances between Sri Ramakrishna’s skeptical theism and William Alston’s skeptical theist refutation of William Rowe’s argument from evil. On the one hand, Maharaj draws on Alston’s skeptical theist response to Rowe as a means of developing and defending Sri Ramakrishna’s own skeptical theist position. On the other, Maharaj argues that Alston’s failure to consider Indian karma-based theodicies significantly weakens his argument. Maharaj then brings Sri Ramakrishna’s saint-making theodicy into dialogue with Hick’s “soul-making” theodicy. Hick’s convincing arguments for the necessity of evil in a soul-making environment lend support to Sri Ramakrishna’s saint-making theodicy. However, Maharaj also identifies major weaknesses in Hick’s soul-making theodicy, which stem from Hick’s assumption of a one-life-only paradigm and his neglect of mystical experience. On this basis, Maharaj argues that Sri Ramakrishna’s mystically grounded saint-making theodicy, which presupposes the doctrines of karma and rebirth, has significant advantages over Hick’s theodicy.
The Poetics of Bhakti
Authors: Ben-Herut Gil
Published: November 2018

The first chapter of this book focuses on the way the tradition commemorates the Ragaḷegaḷu and its author, the unique poetics that govern the text, and the relation between the text’s form and its generation of meaning for its intended audiences. The chapter begins with an overview of the commemorative tradition pertaining to Harihara, author of the Ragaḷegaḷu. Then, through examination of some of the work’s textual particularities, it underscores Harihara’s contribution to Kannada literature in his Ragaḷegaḷu through the introduction of a new and simplified mode of literary expression (in terms of choice of meter, language register, and more) and of previously unfamiliar themes (such as characters from the margins of society). The chapter shows how the public memory of Harihara acknowledged his literary innovations by mentioning them at key moments in his life story.
The King’s Fleeting Authority and His Menacing Vaiṣṇava Brahmins
Authors: Ben-Herut Gil
Published: November 2018

Chapter 5 deals with interactions between devotees and the political other, such as kings and Brahmin ministers at kings’ courts, and locates a complex message in Harihara’s treatment of the court as a worldly and ethically corrupting arena but also a useful power center for the betterment of the society of devotees. In Ragaḷegaḷu stories that involve the court, the role of the opponent other is always taken up by Vaiṣṇava Brahmins, who are repeatedly depicted as corrupt and devious. The chapter concludes with a reflection on the possible social conditions that might have enabled Harihara to freely express his basically anti-court stance.
Interventions’ Transformation from the Inside Out
Authors: Kucinskas Jaime
Published: November 2018

This chapter examines what meditation is intended to do for practitioners at a micro-level in their “intervention” programs. Mindfulness educators carefully introduced meditation practices to new adopters through modeling and gradual exposure to religious ideology. Meditation practice was used to fundamentally change how participants construed themselves, their place in the world, and their interactions with others at work and in other parts of their lives. Participating in mindfulness programs changed many people’s individual worldviews, self-regulation, and interactions with others. However, there is not conclusive evidence suggesting that contemplative interventions have deep, lasting structural impacts on the organizations and institutional fields they are working in.
A Religious Institution Goes Public
Authors: Moodie Deonnie
Published: November 2018

In the mid-twentieth century, Kālīghāṭ became a site that middle-class actors could not only write about but also act upon in an official capacity. Because Kālīghāṭ was never royally patronized, East India Company and British official bodies did not take over the role of departing royal powers there as they did at other temples across India. Instead, middle-class actors took it upon themselves to modernize Kālīghāṭ’s management system in the mid-twentieth century. One Brahmin temple proprietor brought a complaint against 84 others to a district court in the 1930s, alleging that his brethren had mismanaged temple funds. Lawyers and judges at the district, state, and national levels worked to declare Kālīghāṭ a public temple and impose upon it a management committee that would be selected by educated, civically conscious Hindus in the city. This effectively removed authority from the temple’s Brahmin proprietors and put it in the hands of middle-class Hindus unaffiliated with the temple.
Moscow, Third Rome, and the Uses of Ressentiment
Authors: Strenski Ivan
Published: November 2018

Historical scrutiny of the myth of Moscow, Third Rome, exposes its being an ideological mainstay of Muscovite imperial autocratic pretentions since the fifteenth century. As Third Rome, Moscow alone inherits the universal authority of imperial Byzantium (Second Rome) over all Christians. In particular, it asserts the rule of autocracy over rule of law. The myth persists stubbornly in the popular Russian mind. There, it seems impervious to historical scrutiny. But, while the myth has withstood standard rational historical critiques, I conclude that it remains vulnerable to being replaced by an anti-autocratic counter-myth that asserts Byzantium’s role in the rise of rule of law.
How the Arthashastra and the Kamasutra Got Away with Their Critiques of Dharma
Authors: Doniger Wendy
Published: November 2018

This chapter takes up the theme of “irreverence” that runs through this volume by examining two key Hindu scientific texts that subvert the central Hindu concept of dharma (duty/law/religion). One text recommends that the king himself can and should at times engage in acts that are highly undharmic and irreverent. The other text advocates and facilitates the practice of adultery, thus undermining one of the most basic laws of dharma, the law of wifely fidelity. This clash between science and religion takes on a new form in contemporary India, where a government driven by religious ideology is attempting to subvert genuine science.
Myths and Utopias, Critics and Caretakers
Authors: Arvidsson Stefan
Published: November 2018

This chapter presents a more direct challenge to Bruce Lincoln’s work, arguing that a purely critical method is ultimately insufficient and that a balanced approach to the study of religion also requires space for hope—that is, the hope for a possible future of the sort found in utopian narratives. Examining a wide range of narrative forms, from folktales and legends to utopian and dystopian myths, the chapter makes a strong case for the importance of humanistic scholarship in the twenty-first century. This would include not only the critical interrogation of religious narratives that Lincoln advocates but also a more hopeful exploration of the ways in which these narratives can open new ways of imagining the future.
Transparency and Executive Authority
Authors: Naticchia Chris
Published: November 2018

This chapter will examine the extent (if any) to which sovereign power and executive authority may be justifiably exercised through secret laws. Generally speaking, social contract views reject such secrecy—insisting instead that laws must be public. In opposition to this apparent view of the social contract tradition, we have recent developments in the United States. These developments go beyond mere government attempts to classify information or to bar disclosure of intelligence-gathering methods or capabilities. They also include maintaining secrecy in the law through which the government exercises the authority it claims. For example, the Foreign Intelligence Surveillance Court issues classified rulings, creating a body of secret law that determines, by implication, which surveillance activities are consistent, and which inconsistent, with the Fourth Amendment’s protection against unreasonable searches without a particularized warrant based on probable cause. This chapter will argue that the social contract tradition itself may contain resources for defending these sorts of actions. It will explore whether paternalistic principles, whose scope is determined through contractarian reasoning, might be able to account for some government secrecy that extends beyond classifying information and protecting intelligence methods and capabilities to maintaining secrecy in some governing laws themselves. The question would be whether such limited paternalism—limited to cases involving “infirmities” of our reason or will—may be justifiably expanded to cover cases where those infirmities are absent, but where typical citizens may simply be “squeamish” about the judgments that certain executive decisions require.
Sovereignty and Associative Obligations
Authors: James Aaron
Published: November 2018

Conservative American jurisprudence often staunchly maintains that each society—and especially the United States—enjoys an absolute right of sovereignty as against the constraints of international law. This position is often maintained in a philosophically dogmatic way—as a morally unsupported assertion that political authority can only have a domestic source. Yet the social contract tradition, especially in the work of Thomas Hobbes, but also in contemporary arguments by Michael Walzer, offers something of a principled defense of this view. This chapter will outline a fundamental alternative to this conservative position, also located within the social contract tradition. Domestic political authority, on this rival view, partly has its source in the larger state system that constitutes and defines the right of sovereignty with a political social practice of global scope.
The Decline of the Liberal Global Order and the Revival of Nationalism
Authors: Ferguson Yale H. , Mansbach Richard W.
Published: November 2018

This chapter addresses the erosion of the postwar liberal global order and the accompanying disorder in global politics. It describes the perceptions of declining US hegemony during the Obama administration of American decline and the return of geopolitical and economic rivalries that are undermining the liberal order. The election of President Donald Trump in 2016 in the United States was the most significant manifestation of national populism that has emerged in recent years in Europe and elsewhere. The profile of supporters of national populism are much the same globally. They oppose so-called elites and immigrants (especially minorities) whom they blame for the loss of manufacturing jobs. After defining national populism, the chapter describes how it fosters isolationism and malignant nationalism and focuses on national interests rather than global cooperation. Such policies threaten the movement of goods and people, multinational global organizations, and the postwar order in which globalization thrives.
Normatividad Internacional en Colisión con la Norma Fundamental del Derecho Internacional
Authors: López Zamora Luis A.
Published: November 2018

It is undeniable that current international relations are exhibiting regressive trends that target International Law Rule of Law. These trends have limited the space for the construction of a coherent discourse coming from the constitutional school of International Law; however, this scenario is not only the result of speculative behavior of certain states. It lies—as well—in the lack of an articulate theory offered by international constitutionalism directed to explain the consequences of asserting the existence of a fundamental norm in the international realm. If the constitutional movement maintains that International Law has a constitution, then: Why is there no attempt to label current world events, not only as illegal but as breaches of its constitution? Why are legal norms being formed in the context of those breaches not labeled as constitutionally flawed? This chapter will attempt to analyze this in order to strengthen the constitutionalization argument in our discipline.
Rise and Shine
Authors: Bäumler Jelena
Published: November 2018

This article examines the concept, development and implementation of the no harm principle and its wider role in public international law. While generally acknowledged in international environmental law protecting other states from physical harm caused to their territory, in other areas of international law the principle is of increasing importance in order to find a balancing mechanism between colliding states’ interest in case of negative externalities caused by one state to the detriment of other states. The article traces implementations of the regulatory mechanism to focus on the adverse effect in other areas of public international law, ranging from trade and monetary agreements to invocation of the concept in current initiatives especially in the context of harmful tax competition and banking regulations. This will show the general capability to balance colliding states’ interest providing solutions for an increasingly interdependent world and giving meaning to the concept of a global community.
Introductory Note
Authors: Gomula Joanna
Published: November 2018

In 2016, panel and Appellate Body reports were adopted in seven disputes. The majority of the disputes concerned general obligations under two basic WTO agreements: the General Agreement on Tariffs and Trade of 1994 (GATT 1994) and the General Agreement on Trade in Services (GATS). Therefore, the 2016 reports provide valuable analytical resources on basic GATT and GATS concepts, and the respective general exceptions clauses. The other disputes concerned anti-dumping and countervailing duty measures. Two disputes involving Latin American states related to measures imposed in order to combat money laundering and tax evasion, and raised the question of whether GATT tariff obligations apply to “illicit trade”. Two other disputes related to the use of green energy, including the promotion of solar cells and modules, and anti-dumping duties on imports of biodiesel.
Introductory Note
Authors: Knoops Geert-Jan Alexander
Published: November 2018

The year 2016 preludes the start of three trials at the International Criminal Court (ICC). The trials of Mr. Ongwen, Mr. Al Mahdi and the trial of Mr. Gbagbo and Mr. Blé Goudé started in the same year while several trials drew to a close. Both Mr. Bemba and Mr. Al Mahdi were convicted for crimes committed in the Central African Republic and Mali, respectively. In a separate trial Mr. Bemba and his co-defendants were convicted of witness tampering. While some of the developments at the Court are promising, a closer look at both the legal and political developments warrants some caution. Some states remained uncooperative with the ICC, to the extent that three member states have left the ICC.
Introductory Note
Authors: Nieto-Navia Rafael
Published: November 2018

This Introductory Note refers to the work of the International Criminal Tribunal for the Former Yugoslavia (ICTY) in 2016. During this period the Tribunal delivered three judgements, two by the Trial Chambers and one by the Appeals Chamber. The judgements of the two Trial Chambers have been appealed. The Šešelj case, in which the Chamber acquitted the accused, was appealed by the prosecutor. The appeals judgements are under the jurisdiction of the Mechanism and will be delivered in 2017 or 2018. There are still pending the Prlić case on appeal and the Mladić case in trial, both under the jurisdiction of the ICTY.
Introductory Note
Authors: Raimondi Guido
Published: November 2018

This article comments on four important judgments given by the European Court of Human Rights in 2016. Al-Dulimi v. Switzerland addresses the issue of how, in the context of sanctions regimes created by the UN Security Council, European states should reconcile their obligations under the UN Charter with their obligations under the European Convention on Human Rights to respect the fundamentals of European public order. Baka v. Hungary concerns the separation of powers and judicial independence, in particular the need for procedural safeguards to protect judges against unjustified removal from office and to protect their legitimate exercise of freedom of expression. Magyar Helsinki Bizottság v. Hungary is a judgment on the interpretation of the Convention, featuring a review of the “living instrument” approach. Avotiņš v. Latvia addresses the principle of mutual trust within the EU legal order and the right to a fair trial under Article 6 of the Convention.
Introductory Note
Authors: Caldas Roberto F.
Published: November 2018

During 2016, the Inter-American Court of Human Rights issued fourteen judgments in contentious cases and seven interpretations of previous judgments that covered a wide variety of issues, ranging from grave human rights violations, such as forced disappearances, to violations of the minimum guarantees of due process. However, it is important to note this year as one in which the protection of sexual and reproductive rights was brought to the fore of the Court’s jurisprudence, and one in which the Court tackled new issues, such as forced sterilization and modern-day slavery.
Ukraine
Authors: Zhdanova Mariia , Orlova Dariya
Published: November 2018

This chapter examines the state of computational propaganda in Ukraine, focusing on two major dimensions: Ukraine’s response to the challenges of external information attacks, and the use of computational propaganda in internal political communication. Based on interviews with Ukrainian media experts, academics, industry insiders, and bot developers, the chapter explores the scale of the issue and identifies the most common tactics, instruments, and approaches for the deployment of political bots online. The cases described illustrate the misconceptions about fake accounts, paid online commentators, and automated scripts, as well as the threats of malicious online activities. First, we explain how bots operate in the internal political and media environment of the country and provide examples of typical campaigns. Second, we analyze the case of the MH17 tragedy as an illustrative example of Russia’s purposeful disinformation campaign against Ukraine, which has a distinctive social media component. Finally, responses to computational propaganda are scrutinized, including alleged governmental attacks on Ukrainian journalists, which reveal that civil society and grassroots movements have great potential to stand up to the perils of computational propaganda.
Canada
Authors: Dubois Elizabeth , McKelvey Fenwick
Published: November 2018

Are bots active in Canada? Yes. Are they influential? Maybe. Using a combination of quantitative social media analysis, content analysis of news articles, and qualitative interviews, we study the use of political bots in Canada. We identify four kinds of bots. Amplifiers game digital systems to promote a message or channel. Dampeners suppress and remove information online. Alongside these problematic bots, we also find a number of benign bots that help journalists, civil society, and governments. These bots include transparency bots that disclose information to the public and servant bots that help maintain services and infrastructures. Even though bots might not yet be influential in Canada, improved media literacy and increased public discussion of the pitfalls of social media are required.
China
Authors: Bolsover Gillian
Published: November 2018

Computational propaganda is a growing concern in Western democracies, with evidence of online opinion manipulation orchestrated by robots, fake accounts, and misinformation in many recent political events. China, the country with the most sophisticated regime of Internet censorship and control in the world, presents an interesting and under-studied example of how computational propaganda is used. This chapter summarizes the landscape of current knowledge in relation to public opinion manipulation in China. It addressees the questions of whether and how computational propaganda is being used in and about China, whose interests are furthered by this computational propaganda; and what is the effect of this computational propaganda on the landscape of online information in and about China. It also addresses the issue of how the case of computational propaganda in China can inform the current efforts of Western democracies to tackle fake news, online bots, and computational propaganda. This chapter presents four case studies of computational propaganda in and about China: the Great Firewall and the Golden Shield project; positive propaganda on Twitter aimed at foreign audiences; the anti–Chinese state bots on Twitter; and domestic public opinion manipulation on Weibo. Surprisingly, I find that there is little evidence of automation on Weibo and little evidence of automation associated with state interests on Twitter. However, I find that issues associated with anti-state perspectives, such as the pro-democracy movement, contain a large amount of automation, dominating Chinese-language information in certain hashtags associated with China and Chinese politics on Twitter.
Voting Procedures
Authors: Pallister Kevin
Published: November 2018

Chapter 3 discusses the “access versus integrity” framing of debates about registration and balloting procedures, particularly as it has developed in the United States. It identifies several areas where the choice of voting procedures does present a trade-off between these values: the secret ballot, the rules for changing voters’ place of residence on the electoral rolls, mail and absentee voting, mobile polling places, voter identification requirements, and internet voting. But the study also identifies several areas where both inclusion and security may be enhanced: automatic voter registration, Election Day registration, online and automated voter registration, posting provisional voter rolls prior to Election Day, early (in-person) voting, and decentralized polling places. Thus the “access versus integrity” framing may limit opportunities to improve both access and integrity through policies designed to strengthen electoral integrity and bipartisan agreement.
Diagnosing Electoral Integrity
Authors: Latner Michael
Published: November 2018

Chapter 4 considers the sources of systematic evidence that are available to diagnose problems of American elections. Many claims and counterclaims about alleged malpractice are often heard in partisan debate and journalistic commentary—but during an era of low trust in the legacy news and isolating bubbles in social media, what could help to sort out fact from fiction? What are the pros and cons of alternative sources of evidence? This chapter compares electoral performance data on issues of voter registration permissiveness, ballot access, system security, and gerrymandering from several expert indices, institutional measures, and mass surveys.
Fake News
Authors: Bode Leticia , Vraga Emily K. , Thorson Kjerstin
Published: November 2018

Chapter 7 tackles the challenges posed by misinformation campaigns and fake news, an issue of growing concern in America and around the world. Following the 2016 U.S. presidential elections, academics and pundits alike struggled to make sense of what happened, and many pointed to the role of fake news and misinformation more broadly in leading voters astray in their assessments of the two major candidates for president. This chapter draws on survey data to investigate how media use in general, and use of social media and partisan media more specifically, affected belief in six fake news stories directly following the 2016 election. The analysis assesses whether use of different types of media affected belief in misinformation—including messages congruent and incongruent with their own candidate preferences—providing insight into what was to blame for belief in fake news in the 2016 elections.
Lessons for the Reform Agenda
Authors: Norris Pippa , Wynter Thomas , Cameron Sarah
Published: November 2018

Chapter 11 draws together the major conclusions from each of the chapters and considers their implications for the policy reform agenda. The consequences of electoral malpractice can be grave. Failures generate contentious elections characterized by lengthy court challenges, opposition boycotts, and public demonstrations. Major flaws weaken the legitimacy and credibility of elections, and thus corrode the foundation of liberal democracy. The chapter advocates four practical steps designed to improve the quality of American contests: improving the independence and professionalism of electoral administrators, implementing impartial dispute resolution mechanisms to deal with challenges, introducing registration and balloting facilities that maximize both security and convenience, and strengthening accountability and transparency. These steps could potentially reduce party polarization and expand a broad consensus about a bipartisan package of reforms. This chapter summarizes the book’s core arguments and the recommended policies helping to strengthen the quality of elections both at home and abroad.