bluuebunny/crossref_metadata_2025 huggingface dataset:
Boghossian on Intuition, Understanding, and the A Priori Once Again1
Authors: Boghossian Paul , Williamson Timothy
Published: October 2020

This chapter replies to Boghossian’s Chapter 15 and amplifies the arguments of the author’s Chapter 14. In particular, it illustrates the loss of underived dispositions with an example from learning mathematics, when the novice gradually ceases to be tempted by a certain kind of mistake. It is also explains why the argument of Chapter 14 does not assume that introspection and postulation are mutually incompatible; rather, it notes the author’s inability to introspect the non-doxastic intellectual seemings Boghossian postulates and suggests that it is not idiosyncratic. Finally, a challenge is raised for Boghossian’s view of a priori justification as coherence with intellectual seemings. What prevents bigoted beliefs being justified a priori in the way he describes by the bigoted intellectual seemings of a consistent Nazi, for example? If nothing does, what prevents the Nazi’s so-justified beliefs as to what one ought to do from justifying the corresponding actions?
Closing Reflections1
Authors: Boghossian Paul , Williamson Timothy
Published: October 2020

In these brief comments, the author discusses the origins of his interest in the epistemology, why he has always found inferentialist accounts of it implausible, and why the similarities between the epistemology of logic and the epistemology of other domains have always been salient to him. There is also a brief account of the asymmetry between the role of internalism in Boghossian’s epistemology and the role of externalism in the author’s epistemology. Finally, there are some reflections on the ways in which we can hope to improve the shaky methodology of traditional epistemology, for example by making more use of formal methods and the findings of experimental psychology.
What is Land Law?
Authors: Cooke Elizabeth
Published: October 2020

This chapter begins with some fundamental questions: what is property? what is real property? what is land? and what are property rights? The chapter looks at the definition of land as provided in section 205(1)(ix) of the Law of Property Act 192. It explores the impact of the European Convention on Human Rights, brought into our domestic law by the Human Rights Act 1998. The tensions and themes of land law are introduced, in particular the tension between static and dynamic security and the notion that land law is a struggle between competing categories of rights and competing values.
Land Law and Registration Today
Authors: Cooke Elizabeth
Published: October 2020

This chapter explains how the reforms of 1925 addressed the problem of complexity by redefining legal and equitable estates and interests in land. It then discusses the management of enforceability under the 1925 legislation, particularly by the central role of the trust. The chapter explains how the law has managed the problem of hidden, undocumented ownership rights, and explores the concept of indefeasibility in registered land. Finally the chapter considers the Law Commission’s project commenced in 2014, which was designed to iron out problems that had appeared in the operation of the 2002 Act in the decade since it came into force. It discusses the report published at the conclusion of the project in 2018 and the recommendations therein.
Joint Ownership of Land
Authors: Cooke Elizabeth
Published: October 2020

The chapter examines the law that manages joint ownership using the structure known as the ‘trust of land’. It begins by introducing the different circumstances in which joint ownership can arise (family, business, or succession), and the distinction between joint tenancy and tenancy in common, and how to tell them apart. It then looks at the ways in which a joint tenancy can be severed. The chapter explains the provisions of the Trusts of Land and Appointment of Trustees Act 1996 (TLATA) which governs the operation of the trust of land. Dispute resolution and bankruptcy are considered. The chapter concludes with a look at the conflict of static versus dynamic security in land law, and discusses the use of restrictions to protect unregistered ownership interests in land.
Mortgages
Authors: Cooke Elizabeth
Published: October 2020

This chapter explains what the function of a mortgage as a security interest, and details the different forms of mortgages that now exist. It discusses the rights, remedies, and protections available to the mortgagor and mortgagee, and the process by which the courts have intervened in the contractual relationship largely for the protection of the borrower. Protections available for the homeowner, and for third parties whose rights are affected by a mortgage, are discussed. Finally, the problems of pressure and the law of undue influence are introduced.
Appurtenant Rights
Authors: Cooke Elizabeth
Published: October 2020

This chapter provides an exposition of the law relating to easements, profits à prendre, and restrictive covenants. It describes the nature of an easement and how easements are created, including implication and prescription. The chapter then explores the ways in which easements can be brought to an end. It discusses the creation and characteristics of positive and restrictive covenants and the complex rules relating to their enforceability. It explores how covenants can be brought to an end, and the possibility of discharge or modification provided by section 84 of the Law of Property Act 1925. Finally, the chapter looks at the Law Commission’s proposals for the reform of these areas of the law.
A Theory of Substantive Deliberation
Authors: Mak Vanessa
Published: October 2020

This chapter examines the normative substance of rules of European private law. Lawmaking in this field stands apart from transnational law due to its commitment to the objectives and values of European contract and consumer law. That characteristic means that, in theory, legal pluralism in European private law could go beyond a procedural approach — in which mechanisms of recognition and toleration determine how norm conflicts are mediated between legal orders — to a normative approach that prescribes to which values outcomes should adhere. The chapter submits, therefore, that European private law contains elements that allow for a ‘substantive deliberation’ of rules, values, and objectives. This means that a recursive process between lawmaking actors in which the substance of rules — laid down in public and private regulation — is examined, and adjusted if it falls below the threshold that EU law prescribes. Whilst the reference to objectives and values seems to imply an ordering of some sort, it is argued that a strong legal pluralist framework can still be maintained. The coordination of lawmaking can occur through an instrumental-normative approach.
Objectives and Values
Authors: Mak Vanessa
Published: October 2020

This chapter delves into the substantive values that underlie contract and consumer law in the EU. It shows that lawmaking in European contract and consumer law is embedded within the ordoliberal ideology on which the EU internal market was founded, yet is shaped not only by economic rights but also by social rights. Those rights have a basis in Articles 2 and 3 of the Treaty on European Union (TEU), which ground European cooperation in the common pursuit of a ‘highly competitive social market economy’ — social justice, equality, amongst other values and objectives. While the balance between economic and social rights in this area is in flux, the EU Treaties in combination with secondary legislation, case law, and the EU Charter of Fundamental Rights circumscribe a framework of shared values and objectives within which a substantive deliberation between lawmaking actors can take place. The chapter argues, therefore, that the EU legal order has a normative basis that enables legal pluralist perspectives on lawmaking to go beyond procedural approaches.
Integrity, Personal, and Political
Authors: Nili Shmuel
Published: October 2020

Conventional philosophical wisdom holds that no agent can invoke its own moral integrity—no agent can invoke fidelity to its deepest ethical commitments—as an independent moral consideration. This is because moral integrity simply consists in doing what is, all-things-considered, the right thing. Shmuel Nili argues that this conventional wisdom is mistaken with regard to individual agents, but is especially misguided with regard to liberal democracies as collective agents. Even more than individual persons, liberal democracies as collective agents often face integrity considerations of independent moral force, affecting the moral status of actual political decisions. After defending this philosophical thesis, Nili illustrates its practical value in thinking through a wide range of practical policy problems. These problems range from “dirty” national security policies, through the moral status of political honors celebrating political figures of questionable integrity, to the “clean hands” dilemmas of political operatives who enable media demagogues to scapegoat vulnerable ethnic and racial minorities. Accessibly written, and combining detailed philosophical analysis with numerous vivid real-world examples, Integrity: Personal and Political will appeal to moral, legal, and political philosophers, to political scientists, and to scholars of political communication.
Outrageously Real
Authors: James Alison
Published: October 2020

This chapter dismantles the common distinction between modernist aestheticism and documentary reference by studying André Gide’s factual writings. In his recollections of his experiences as a juror (Souvenirs de la cour d’assises, 1914) and his reports on court cases in the Nouvelle Revue Française series “Ne jugez pas” (“Judge Not,” 1930), Gide’s ostensibly impersonal organization of testimonial evidence produces a complex polyphonic construction that claims to let documents speak for themselves, while in fact articulating them within a larger discourse. In Voyage au Congo (1927) and Le Retour du Tchad (1928) Gide’s politically engaged writing on French Equatorial Africa enters into dialogue with the largely apolitical documentary film-making practices of his travelling companion Marc Allégret. Commenting on Allégret’s cinematic practices, Gide both reflects on the limitations of documentary and attempts to rival film’s visual capture of living gesture.
Paper Witnesses
Authors: James Alison
Published: October 2020

This chapter traces the emergence of a literature of testimony in the years following World War II. However, this new tendency does not immediately reshape the literary field, which was dominated in the 1950s and 1960s by the (mostly) anti-documentary approach of the nouveau roman. Later, however, the document becomes central to explorations of the national past. In Marguerite Duras’s La Douleur (1985) and Patrick Modiano’s Dora Bruder (1997/1999), the “found text” is a figure of the personal and cultural repressed, before becoming a site of simultaneous identification and separation. Written traces set in motion a quest for the past, while narrative reconstruction aims to restore immediacy to the personal archive (as in Duras’s war notebooks), or to point to intimate truths beyond the impersonality and violence of the bureaucratic record (as in the documents collected by Modiano). In the wake of these experiments and at the turn of the twenty-first century, French and Francophone works alike experiment with documentary or hybrid approaches to historical trauma—especially in cases where fictionalization is perceived to be ethically risky, such as the Rwandan genocide.
The Reuse of Textiles in the Roman World
Authors: Wild John Peter
Published: October 2020

In this chapter I examine evidence for the reuse of textiles in the Roman world. Two principal sources of evidence will be considered: archaeology, and the written record. Typical of the archaeological evidence are the rags from rubbish deposits at Berenike, a Roman port on the Red Sea coast of Egypt, and (at the opposite corner of the Empire) from ditches and occupation layers in the fort of Vindolanda close to Hadrian’s Wall. Survival of textiles, it need hardly be emphasized, is wholly dependent on climatic and microclimatic conditions, leading to a skewed distribution pattern across the ancient world. I suggest that the life cycle of a textile comprises six phases: manufacture, primary use, maintenance, primary reuse, secondary reuse, and discard. Romans may appear to display an ingrained ‘make-do-and-mend’ attitude, although such a mindset seems to be at variance with the consumerism which scholars have detected in some Roman contexts. The whole topic manifestly deserves closer scrutiny in the future.
Shifting Scales at La Venta
Authors: Brittenham Claudia
Published: October 2020

This chapter explores figurines in a variety of media from the Olmec sacred site at La Venta. It examines the scaled relationships within a series of figurines: all are by definition small, but they are not equally small, something that can be hard to keep in mind when we usually see figurines in relative isolation or as disembodied images on page or screen, abstracted from all scaled referents. Crucial is that Mesoamerican figurines are almost universally scaled to the human body, so that they can be grasped with a single hand. Many bear patterns of wear corresponding to sites of repeated touch. Touch was fundamental to the making of figurines, and also to their subsequent use: many cannot stand independently, and instead require a kind of affective caretaking. These issues have fundamental significance for the play of scales at La Venta, where many monumental art forms, from pyramids to stelae, also engaged with matters of scale.
The Death of the Figurine: Reflections on an Abrahamic Abstention
Authors: Elsner Jaś
Published: October 2020

This chapter explores an evidential absence, arising from a striking archaeological fact. In all the ancient cultures of the Mediterranean, including Egypt and north Africa, of the near East at least as far as India, both prehistoric and historic, from the earliest Palaeolithic to the end of pre-Abrahamic pagan polytheism in the western half of this vast geography spanning the Mediterranean and Asia, the figurine is a prime and ubiquitous product of material culture, with huge attestation in the archaeological record; with the rise to hegemony of Christianity and then Islam, this phenomenon ends and we witness the near-universal death of the figurine in the archaeological archive across the vast geography that came to be dominated by the Abrahamic religions. Why? The chapter examines the ideological transformations that came to effect such fundamental change on the archaeological archive.
The Commonwealth of Custom in Thomas More’s Utopia
Authors: Elsky Stephanie
Published: October 2020

Thomas More sets the stage for fiction as a sphere in which to explore the constitutional promise of custom. This chapter argues that Utopia (1516) shares the same constitutional dispensation as England, since it is predominantly governed by custom rather than law. The chapter uncovers a remarkable similarity between the concept of legal custom in common law and of linguistic and cultural custom in the Renaissance humanist use of proverbs and commonplaces, which are ubiquitous in Utopia. I interpret this intersection of political and literary-linguistic custom as a means by which More ensures the commensurability of his native political institution with the classical tradition he sought to revive. The chapter reveals More’s awareness of the unstable boundaries of the concept of “common” in English law and continental humanism, a conundrum to which early modern writers would return over and again.
The Solomonic Corpus of 'Wisdom' and Its Influence
Authors: Dell Katharine J.
Published: October 2020

Solomon is the figurehead who holds the family of ‘wisdom’ texts together. I argue that Proverbs and Ecclesiastes forms the core of the ‘Solomonic wisdom corpus’, with the Song of Songs as a close relative, but Job at one remove. These three contain attributions to him and demonstrate key ‘wisdom’ connections. Solomon is also portrayed as an idealized character in the narratives about him in 2 Sam 24-1 Kings 11. He is the embodiment of wisdom, thus linking the narrative portrayal and canonical memory of his significance. His connections with Egypt and Sheba shed light on how Solomon gained his reputation for wisdom, as do the roles in his court for scribes, sages and seers. Formative wisdom themes, notably that of God as creator, characterize the book of Proverbs and influenced ‘wisdom psalms’, and the prophets Isaiah and Jeremiah, texts which also share links to wisdom ideas and contexts, with criticism of ‘the wise’ as a key concern. I then introduce an intertextual method to open up fresh possibilities of ranging together different texts alongside the Solomonic corpus, without the constraints of probing literary or historical linkages: Ruth is considered with Proverbs, Genesis 1–11 with Ecclesiastes, and the wider theme of gardens and water in the Hebrew Bible with the Song of Songs. While Solomon probably had very little to do with such readerly text-play, my argument in this book is that he is the lynch-pin that holds ‘wisdom’ in its core texts and wider family together.
Forgiveness and the range of resentment
Authors: Lippitt John
Published: October 2020

This chapter introduces some key questions about forgiveness, its primary focus being the vexed issue of what the precise relationship is between forgiveness and resentment (and related emotions). Through a discussion of several writers, especially Bishop Joseph Butler, Jean Hampton and Margaret Urban Walker, it is argued that resentment has both a potentially more positive resonance, in speaking for justice, and a far broader range of application, being felt on behalf of others, not just oneself, than is often assumed in contemporary philosophical discussions of forgiveness. The chapter then sets out to distinguish a working view of non-idealized, ‘good enough’ forgiveness, from others, including some which it may initially appear to resemble. It also addresses the question of why, if resentment is warranted, one might forgive, starting to sketch the picture which later chapters will fill out as ‘love’s forgiveness’.
Kierkegaard and forgiveness
Authors: Lippitt John
Published: October 2020

This chapter introduces Kierkegaard’s contribution to the debate about forgiveness. The first part gives an overview of his explicit accounts of forgiveness, focusing upon the divine forgiveness of sins and its implications for interpersonal (human) forgiveness and self-forgiveness. This incorporates discussion of some key New Testament passages on forgiveness. The second part explores what difference is made by understanding interpersonal forgiveness as a ‘work of love’. Against the objection that ‘love’s vision’ involves wilful blindness, it is argued (drawing on both Kierkegaard and Troy Jollimore) that love has its own epistemic standards and that Jollimore’s claims about romantic love and friendship can in the relevant respects be extended to the case of agapic neighbour-love. In developing this view—which is seen as echoing important themes in Kierkegaard’s Works of Love—the importance of understanding ‘love’s forgiveness’ in the light of other virtues, especially hope and humility, begins to be shown.
Principles of Neutron Scattering from Condensed Matter
Authors: Boothroyd Andrew T.
Published: October 2020

The book contains a comprehensive account of the theory and application of neutron scattering for the study of the structure and dynamics of condensed matter. All the principal experimental techniques available at national and international neutron scattering facilities are covered. The formal theory is presented, and used to show how neutron scattering measurements give direct access to a variety of correlation and response functions which characterize the equilibrium properties of bulk matter. The determination of atomic arrangements and magnetic structures by neutron diffraction and neutron optical methods is described, including single-crystal and powder diffraction, diffuse scattering from disordered structures, total scattering, small-angle scattering, reflectometry, and imaging. The principles behind the main neutron spectroscopic techniques are explained, including continuous and time-of-flight inelastic scattering, quasielastic scattering, spin-echo spectroscopy, and Compton scattering. The scattering cross-sections for atomic vibrations in solids, diffusive motion in atomic and molecular fluids, and single-atom and cooperative magnetic excitations are calculated. A detailed account of neutron polarization analysis is given, together with examples of how polarized neutrons can be exploited to obtain information about structural and magnetic correlations which cannot be obtained by other methods. Alongside the theoretical aspects, the book also describes the essential practical information needed to perform experiments and to analyse and interpret the data. Exercises are included at the end of each chapter to consolidate and enhance understanding of the material, and a summary of relevant results from mathematics, quantum mechanics, and linear response theory, is given in the appendices.
Keep Calm and Keep Litigating
Authors: Higgins Andrew
Published: October 2020

This chapter presents an overview of some of the key challenges facing the civil justice system. It considers the case for redefining proportionate costs exclusively by reference to the private value of the claim, and the public interest in the determination of the issues raised by the claim. To achieve this goal, it may be necessary to split the dual functions of the system—rule clarification on the one hand, and dispute resolution on the other. The chapter also considers whether there is cultural resistance to making the justice system more accessible, based on a belief that litigation is divisive. Any such view should be rejected because it artificially separates the litigation process from the underlying dispute giving rise to it. The chapter concludes by presenting some empirical data on civil claims rates and media coverage of litigation. The data suggests that litigation in England is actually higher than in other advanced economies. While media coverage evidences concern about England developing a ‘compensation culture’, there is limited coverage of UK Supreme Court decisions establishing the legal principles that govern people’s everyday interaction. Accordingly, there is a risk that the public may develop a skewed picture of the law.
Transformation from First Principles
Authors: Ryder Ernest
Published: October 2020

This chapter outlines the case for modernisation of the tribunal system where most litigants are unrepresented and many are vulnerable. There has been historic underinvestment in the justice system; prior to 2015 the Lord Chief Justice and the Senior President of Tribunals were effectively engaged in a process of managed decline. The modernisation programme holds out great potential. There is a high demand from users for an accessible online tribunal system. In some areas the success rate of appeals to tribunals exceeds 70%, calling into question the quality of primary decision making in those areas. While the headline objective of modernisation is easy—we want to make the system more efficient and effective—any process of change should be rooted in principle, and it needs to be rigorously evaluated. As Senior President of Tribunals, I have to provide justice that is swift, informal, flexible, specialist or expert and innovative. The dominant principle in relation to modernisation is that we should provide access to justice as an indivisible right without price rationing as the consequence of austerity.
Interventions in Judicial Review Proceedings
Authors: Lieven Nathalie
Published: October 2020

This chapter examines the growth and value of interventions in judicial proceedings. It argues the exponential growth in interventions is largely attributable not to the CPR, but the introduction of the Human Rights Act. The decision whether or not to allow an intervention, and then whether to give any weight to its content is wholly discretionary. Interventions are part of a wider trend to an increasingly inquisitorial jurisdiction, beyond the adversarial contest between the parties. Two reasons for the growth in interventions are courts’ willingness to take into account broader policy considerations in judicial review proceedings, and relatedly the willingness of the courts to hear international law and comparative law arguments and place weight on them. The Supreme Court, in particular, has encouraged interventions in recent years, and Baroness Hale has made clear in writing how useful she finds them. Although interveners are now subject to the risk of adverse costs orders under the Criminal Justice and Courts Act 2015 for interventions deemed to be unhelpful, to date these provisions do not appear to have been applied, which suggests that that this part of the Government’s efforts to discourage interveners has been unsuccessful.
Taking Stock of the Collective Proceedings Regime in the Competition Appeal Tribunal—A Successful Compromise?
Authors: Wisking Stephen , Allen Ruth
Published: October 2020

This chapter considers the UK collective proceedings regime for damages claims in respect of competition law breaches, which was first introduced in 2003 and significantly broadened in 2015. The regime aims to balance a desire to facilitate redress for victims of competition law infringements against the risk of frivolous or unmeritorious litigation (and the perceived excesses of the US class action system). By reference to the approach taken in the collective claims brought before the Competition Appeal Tribunal (CAT), this chapter examines how that balance has been struck in practice, and whether it can be said to be a successful compromise.
The Use of Empirically Based Information when Reforming and Evaluating Judicial Review
Authors: Sunkin Maurice
Published: October 2020

This chapter traces the availability and use of empirically based evidence relating to judicial review in England and Wales. It considers how such evidence has been used by reformers of judicial review and those concerned to evaluate the effectiveness of reforms. Attitudes to empirical and statistical data have changed significantly since the early 20th century and the chapter traces this change in the context of judicial review. It is structured around the following phases: from the 1930s to the early 1960s which was typified by the absence of empirically based evidence and scepticism amongst legal academics regarding the value of such evidence; from the early 1960s to the mid-1980s during which the value of empirical evidence on judicial review emerged; the 1980s to the mid-2000s which saw a significant growth in the available empirical evidence; and finally, the period from the mid-2000s during which empirical and statistical evidence took centre stage when governments used statistically based justifications for limiting access to judicial review.
Reforming Judicial Review Costs Rules in an Age of Austerity
Authors: Tomlinson Joe , Pickup Alison
Published: October 2020

This chapter explores the institutional dynamic surrounding recent attempts to reform judicial review procedure: a dynamic where the government is both the key designer of and the main ‘repeat player’ litigant in the same process. The chapter focuses on costs and it argues that, over a sustained period of time, the government’s responses to Sir Rupert Jackson’s landmark review’s recommendations on judicial review reveal a worrying tendency to proactively disengage with the range of evidence available, ignore independent proposals, and insulate its policy preferences from debate. The perverse upshot is that, parallel to an independent review that has sought to improve the accessibility of judicial review for claimants, the rules have been tilted further against them.
The Overriding Principles of Affordable and Expeditious Adjudication
Authors: Assy Rabeea
Published: October 2020

This chapter argues that an exaggerated pursuit of accuracy may undermine the effort to enforce the law, because it produces lengthy and expensive litigation that is likely to deter many from seeking enforcement in the first place, and to distort justice by subjecting the process to economic inequalities. When affordability and expedition are prioritised, courts will be expected to ensure that litigation remains within the financial reach of litigants and that it concludes within a short time. This means that the court must avoid unaffordable spending or lengthy litigation even when these might otherwise be justified by the features of the case in question, namely its value, complexity, importance, etc. The chapter explores the potentially far-reaching consequences of treating cost and time as dimensions of justice, surveying a number of ambitious proposals that question such entrenched procedural rules as the cost shifting rule, lawyers’ freedom to charge high fees, and professional monopoly.
Artificial Intelligence in the Administration of Justice
Authors: Zuckerman Adrian
Published: October 2020

Computer-operated systems are increasingly used for decision-making in public administration and private enterprise. Activities that were reserved to humans because they required decision-making in varied and unpredictable circumstances may now be performed by artificial intelligence (AI). Machine learning is developing at such a pace that it is conceivable that algorithm-operated systems may be able to provide litigation services and even adjudication. Supplanting lawyers and judges by AI would have serious implications beyond the loss of jobs. AI lawyers and AI judges would change the adversarial system beyond recognition by reducing adjudication into one machine operation, putting an end to the visibility of court process, and eliminating the physical presence of the court. Court legitimacy would be undermined because AI adjudication would not be able to reflect human psychology; emotions, aspirations, beliefs or moral sensibility.
Roads to the Radical Right
Authors: Damhuis Koen
Published: October 2020

Trump, Wilders, Salvini, Le Pen—during the last decades, radical right-wing leaders and their parties have become important political forces in most Western democracies. Their growing appeal raises an increasingly relevant question: who are the voters that support them and why do they do so? Numerous and variegated answers have been given to this question, inside as well as outside academia. Yet, curiously, despite their quantity and diversity, these existing explanations are often based on a similar assumption: that of homogeneous electorates. Consequently, the idea that different subgroups with different profiles and preferences might coexist within the constituencies of radical right-wing parties has thus far remained underdeveloped, both theoretically and empirically. This ground-breaking book is the first one that systematically investigates the heterogeneity of radical right-wing voters. Theoretically, it introduces the concept of electoral equifinality to come to grips with this diversity. Empirically, it relies on innovative statistical analyses and no less than 125 life-history interviews with voters in France and the Netherlands. Based on this unique material, the study identifies different roads to the radical right and compares them within a cross-national perspective. In addition, through an analysis of almost 1,400 tweets posted by Geert Wilders and Marine Le Pen, the book shows how the latter are able to appeal to different groups of voters. Taken together, the book thus provides a host of ground-breaking insights into the heterogeneous phenomenon of radical right support.
The Heroic Substitute
Authors: Boggs Colleen Glenney
Published: October 2020

For white men, conscription posed a racially destabilizing proximity to enslavement; for African Americans, it opened up possibilities of citizenship and inclusion in the state’s population. Analyzing the recruitment efforts of Frederick Douglass, this chapter pushes back against critical race theory’s near-universally dim view of state power, and argues that military service held positive value for free black people and recently freed slaves. At the same time, the chapter draws on critical race theory to show how Frances Harper’s Iola Leroy (1892) countered the racialization of biopower. Set during the war and its aftermath, the novel is structured—like the draft—by a narrative logic of substitution, which recurs at the level of character and plot. Harper offers a wide spectrum of the wartime experience of African Americans, who saw in the draft—as in military service more broadly—a chance for state recognition as fully participating civic actors.
On Barks, Bites, and Promises
Authors: Kochenov Dimitry Vladimirovich
Published: October 2020

The demise of Poland and Hungary as constitutional democracies clearly illustrate that the EU is unable to guarantee the preservation of democracy and the rule of law. Beyond looking at the response provided by EU institutions to the amplification of the rule of law backsliding in Hungary and Poland, this chapter provides an overview of how the EU is maturing as a constitutional system as a result of the challenge. The lesson of the crisis is thus a positive one: the EU is discovering the substance of the core principles guiding its own legal system and the CJEU provides a guiding light in this process.
Should the Randomistas (Continue to) Rule?
Authors: Ravallion Martin
Published: October 2020

The rising popularity of randomized controlled trials (RCTs) in development applications has come with continuing debates about the merits of this approach. The chapter takes stock of the issues. It argues that an unconditional preference for RCTs is questionable on three main counts. First, the case for such a preference is unclear on a priori grounds. For example, with a given budget, even a biased observational study can come closer to the truth than a costly RCT. Second, the ethical objections to RCTs have not been properly addressed by advocates. Third, there is a risk of distorting the evidence-base for informing policy-making, given that an insistence on RCTs generates selection bias in what gets evaluated. Going forward, pressing knowledge gaps should drive the questions asked and how they are answered, not the methodological preferences of some researchers. The gold standard is the best method for the question at hand.
The Rhetorical Superiority of Poor Economics
Authors: Labrousse Agnès
Published: October 2020

This textual analysis highlights the rhetorical prowess of Poor Economics and argues that it is part of the puzzling success of RCTs in economics. It shows how Banerjee and Duflo combine effectively (1) logos (rational discourse, figures, extensive use of numbers), (2) pathos (striking anecdotes to move the reader, personified figures) and (3) ethos (the narrators exhibit wisdom, excellence, and good will). Despite their explicit discard of anecdotes, the authors make ubiquitous use of them. This becomes less paradoxical when considering their manifold persuasive functions. Anecdotes additionally have an understated but inchoate heuristic role. This chapter also scrutinizes two impactful rhetorical schemes: the sensible middle ground between two extremes, and the rhetoric of small measures producing big effects, which magnifies the micro and minimizes the macro. This canny, partly manipulative, rhetoric should not overshadow the thinness of its storytelling and the extent of blind spots in RCTs revealed by what is out-of-discourse.
The Legacy of the Heisei Era, 1989–2019
Authors: Emmott Bill
Published: October 2020

During the three decades that have passed since Japan’s huge financial crash in 1990, the country has been politically stable and its geopolitical circumstances have barely changed. But it has seen fundamental economic and social changes which have left it vulnerable: the move from a relatively young population to be the world’s oldest society, with total population shrinking every year since 2010; the move from being an economic growth champion to a relative laggard, with slow annual productivity growth; the transformation of the Bank of Japan from being an economic disciplinarian to being the enabler of a huge public debt and financing public spending by printing money; the emergence of a deeply divided, dual labour market in which two-fifths of the workforce are in lowly paid, precarious jobs with little skill development; a decline in the rate of marriage and of fertility; and yet simultaneously a dramatic narrowing of the gender gap in tertiary education as female entry into four-year university courses grew remarkably during the 1990s and 2000s. This leaves Japan with eroding male human capital, increased insecurity, and under-employed female human capital.
Individuals with a Community Spirit
Authors: Emmott Bill
Published: October 2020

Japan is a group-oriented, communitarian society but those women who succeed will often be quite individualistic. The first three role models interviewed are three strikingly individualistic characters who have nevertheless sought a strong community role, aiming in two of the cases to convert the community to their cause. They are: Baba Kanako, who started a school-uniform recycling business on Shikoku Island and now advises other mothers all over Japan; Ishizaka Noriko who took over her family waste-processing business in order to turn it environmentalist; and Oikawa Hideko, who took her family denim business upmarket after her husband died and then found herself running an evacuation centre during the devastating 2011 tsunami.
Discovering, Developing, Teaching
Authors: Emmott Bill
Published: October 2020

A common gender stereotype holds that women are less suitable to be scientists than men even though there is no evidence for this proposition. In Japan, a big gender gap in STEM subjects in high school translates into low numbers of female students studying science at university and low admission rates of females to national universities for which all applicants for all degrees are required to sit an exam in science. But role models do exist to encourage the younger generation, and some national universities are trying hard to encourage more female students to study science, technology, and mathematics. Interviews with three role models who took science degrees and went on to successful careers in academia, finance, and consumer electronics, show that barriers are considerable but that they can be overcome. An interview with the president of Nagoya University, Matsuo Seiichi, examines what the university is doing to try to close the gender gap.
The Tasks Ahead
Authors: Emmott Bill
Published: October 2020

Superficially Japan looks in good shape, but underneath it has important vulnerabilities. These have entered a gently but remorselessly vicious cycle: while the ageing and shrinking of its population is becoming more entrenched thanks to low marriage and fertility rates, the country’s use of its basic resource, the human capital embodied by a well-educated population, looks stuck in a trap of surprisingly low wages, insecure work and low productivity, which in turn depresses domestic spending and tax revenues while also suppressing marriage and fertility. Gender inequality lies at the heart of all these economic and social trends. The trumpeted reforms of ‘Abenomics’, implemented since Abe Shinzo’s return to the prime ministership in December 2012, have provided monetary and fiscal fuel so as to keep the economic engines running but have so far failed to find transformative solutions for low wages, job insecurity, and low productivity, or for declining marriage rates and low fertility. Solutions are available, if governments and corporations alike can show stronger will and an unambiguous commitment. A twelve-point agenda is proposed, including public policy reforms for the national minimum wage, marriage tax, immigration rules for domestic staff, labour contract law, quotas for political representatives, childcare spending, and university admissions tests; and private actions, for companies and other organizations in the way they manage human-resources policies, paternity leave, early-career experience for female staff, and the future of women-only universities.
What Does the Happy Life Require?
Authors: Cohoe Caleb
Published: October 2020

Many critics of religion insist that believing in a future life makes us less able to value our present activities and distracts us from accomplishing good in this world. In Augustine’s case, this gets things backwards. It is while Augustine seeks to achieve happiness in this life that he is detached from suffering and dismissive of the body. Once Augustine comes to believe happiness is only attainable once the whole city of God is triumphant, he is able to compassionately engage with present suffering and see material and social goods as part of our ultimate good.
Perception in Augustine’s De Trinitate 11
Authors: Brower-Toland Susan
Published: October 2020

In this paper, I explore Augustine’s account of sense cognition in book 11 of De Trinitate. His discussion in this context focuses on two types of sensory state—what he calls ‘outer vision’ and ‘inner vision,’ respectively. His analysis of both types of state is designed to show that cognitive acts involving external and internal sense faculties are susceptible of a kind of trinitarian analysis. A common way to read De Trin. 11, is to interpret Augustine’s account of ‘outer’ vision as an analysis of sense perception and his account of ‘inner’ vision as an analysis of occurrent sensory memory and imagination. I argue against such a reading of De Trin. 11. Insofar as we take perception to be a phenomenally conscious mode of sensory awareness, outer vision cannot, I claim, be the equivalent of ordinary sense perception. For, on Augustine’s view, the deliverances of outer vision only reach the threshold of consciousness, when outer vision occurs in conjunction with inner vision. Hence, on my analysis, sense perception turns out to be a complex, hybrid state—one that involves both outer and inner vision. If I am right, acts of sense perception turn out not to be directly susceptible to trinitarian analysis. Even so, the account is interesting and nuanced for all that.
The Justice and Mercy of God
Authors: Sirridge Mary
Published: October 2020

In his eleventh-century Proslogion St. Anselm puts forward the view that, far from being an exception to divine justice, divine mercy is the highest form of divine justice. Anselm’s cryptic reasoning is initially puzzling. It becomes more accessible if we notice that he is taking as a model the theory of imperial clemency put forward by the first-century ce Stoic Seneca in his De Clementia, in which it is argued that imperial clemency is the highest form of justice. Anselm does not quote or make reference to Seneca’s work, and so the case for the relationship between the two works has to be made on internal grounds, but recent scholarship has shown that Senecan materials were readily available in Anselm’s milieu and that there are other cases in which he seems to be using Senecan material.
Walter Burley on Co-Signification in Opaque Contexts
Authors: Bulthuis Nathaniel
Published: October 2020

Foreshadowing in many ways theories of direct reference popular today, Walter Burley (died c. 1345) favors a theory of direct signification, according to which names directly signify things in the world. But he recognizes that opaque contexts, such as propositional attitude reports, represent a challenge to that theory. In response, Burley develops a sophisticated account of our noetic states, one according to which those states can be individuated more finely than in terms of their contents. Paired with a certain semantic analysis of propositional attitude reports, that account of our noetic states is ready-made to accommodate Burley’s commitment to direct signification even in the face of opacity considerations.
The Ontological Bases
Authors: Magalhães Rodrigo
Published: October 2020

In this chapter, the expression organizational knowledge-qua-design is used to convey the idea that, ontologically, the organization’s knowledge and the organization’s overall design share the same roots and develop in tandem. Three key knowledge-qua-design development processes are put forward—intended, emergent, and perceived—each contributing with a different category of organizational meaning and a different type of organizational learning. It is posited that intended design processes contribute with the meanings and interpretations from managerial staff from every level about their own reading of the course of the organization’s development. Emergent processes contribute with the skills, competencies, and knowledge generated at the local level and emerging from the interplay between every-day practices and the creation or recreation of artefacts. Perceived design processes contribute through the feedback provided by the stakeholders about the myriad outcomes from the organization, their meanings and their consequences.
Bridging between Organization Design as a Noun and as a Verb
Authors: Magalhães Rodrigo
Published: October 2020

The two conceptions of organization design—simultaneously historical legacy and dynamic change—create a major conundrum, identified by Simon’s (1996) as an important challenge to the design of social organizations. The solution, according to Simon, is to design without final goals, however no advice is provided about how this might be achieved. In this chapter, it is proposed that this is possible through the use of mechanisms that bridge between the past and the future of the organization’s design. The mechanisms are formative affectual contexts and design trace. Enhanced by embodied cognition theory, the notion of formative context provides a solid background for an understanding of the processes of organizational change that co-evolve with organization designing. The notion of design trace is based on the idea that organizational interactions leave a trace that can be harnessed and used to help manage the organization’s designing effort.
Deriving Five Human-Centred Logics of Organization Design
Authors: Magalhães Rodrigo
Published: October 2020

For the past century or more, we have been taught to think of the design of organizations in terms of a legacy of principles left to us by pioneers such as Taylor, Fayol, and Weber. Names such as Follet, Barnard, or Elton Mayo, although admired and often cited have never made it to the compendia of organization design. So, organizations continue to be designed with a logic of command-and-control, carrot-and-stick, and make-believe ethics which cause the organizational unease often reported in the literature. In this chapter, a proposal for a set of five new human-centred logics of organization design is put forward. The proposal is the result of an investigative process which starts from the realization that a number of contemporary literature trends on management and organization reveal concerns that somehow coincide with human-centred design (HCD) principles and ideas. The new logics are: identity and identification, normative, service, effectual reasoning and interactive structure.
Introduction
Authors: Rutherford Ian
Published: October 2020

The introduction sets out some key themes of the book. It also outlines the historical context for contact between Greece and Anatolia, and explores previous work on Greek Religion and the Near East as well as previous work on Anatolian Religion and Ancient Greece. It provides a short statement of aims and methodology; and finishes with an overall plan of the book.