bluuebunny/crossref_metadata_2025 huggingface dataset:
The Procedural Framework of Adversarial Jury Trial
Authors: Roberts Paul
Published: November 2022

This chapter outlines the procedural framework governing the conduct of adversarial jury trials in the Crown Court. It emphasizes that criminal procedure law (incorporating criminal evidence) is developed and applied in particular institutional contexts. Key structural features of this model of criminal adjudication are: (i) adversarial procedure; (ii) fact-finding by lay juries; and (iii) an institutional commitment to epistemic rationality. Each of these architectural features profoundly influences criminal evidence. Trial by judge and jury is further structured by procedural mechanisms allocating adjudicative responsibilities for legal reasoning, directives and fact-finding. These include: rules of admissibility; judicial stays for abuse of process; submissions of ‘no case to answer’; judicial directions (‘forensic reasoning rules’); criminal appeals; and quashing acquittals. Each mechanism is succinctly described, highlighting its salience for criminal evidence.
Burdens of Proof and the Presumption of Innocence
Authors: Roberts Paul
Published: November 2022

This chapter situates orthodox common law analysis of burdens of proof and presumptions within the broader conceptual framework of ‘presumption of innocence’ (PoI), an expanded normative framing directly rooted in constitutional and human rights principles. One vital conceptual refinement is that PoI is not a ‘presumption’ in the common lawyer’s traditional evidentiary sense. At common law, Woolmington established the burden and standard of proof as fundamental constitutional principles. ECHR Article 6(2) introduced a more capacious (albeit still ‘procedural’) conception of PoI into English criminal jurisprudence, via HRA 1998, s.2. Burdens of proof and evidentiary presumptions can both be conceptualized as techniques for allocating the risk of non-persuasion between litigants. Any party failing to discharge an onus of proof loses on that issue (or, in relation to ultimate probanda, loses the case as a whole). The political morality of PoI (incorporating Woolmington) is institutionalized through a steeply asymmetric proof structure, requiring the prosecution to establish guilt to a very high standard (traditionally, ‘beyond reasonable doubt’, BRD). English law’s ongoing commitment to PoI is explored through doctrinal developments in jury directions on the standard of proof (‘being sure’ has replaced BRD) and the three recognized ‘exceptions to Woolmington’, where the accused is required to bear the burden of proof. Hunt conceded the possibility of implied burdens on the defence, but cautioned against inferring them. Such ‘reverse onus clauses’ must now be tested for compatibility with HRA 1998, precipitating a large, complex, and contentious jurisprudence (including five visits to the House of Lords). Whether express or implied, a statutory reverse onus clause might be ‘read down’, pursuant to HRA 1998 s.3, to a merely evidential burden of production if it would otherwise be incompatible with ECHR Article 6(2). Leading authorities, including Sheldrake, prescribe detailed criteria for assessing compatibility.
Criminal Trial Procedure—Examination-in-Chief and Cross-Examination
Authors: Roberts Paul
Published: November 2022

This chapter explores the general principles and detailed procedural rules governing the presentation of all evidence, including witness testimony, in criminal trials in England and Wales. An essentially adversarial model of proof, in which litigants marshall and adduce evidence to support their own cases, is mitigated by procedural mechanisms to reduce inequality of arms and promote truth-finding, including asymmetric pre-trial disclosure, prosecutorial ethics, and moderately proactive judicial trial management. Witness testimony is presented through a familiar sequence of examination-in-chief by the party calling the witness, cross-examination by opposing counsel, and—if required—re-examination, restricted to matters arising in cross-examination. Detailed procedural doctrines regulating examination-in-chief include: a ban on leading questions; rules on ‘refreshing memory’; hostile witnesses; the rule against narrative; and exceptions to the inadmissibility of narrative, including rebutting recent fabrication and the complainant rule. Detailed procedural doctrines regulating cross-examination include: the rule in Browne v Dunn; restrictions on cross-examination to credit (new reinforced by CJA 2003, s.100); the collateral-finality rule; and exceptions to collateral-finality. Many of these traditional common law and statutory (chiefly, Criminal Procedure Act 1865) doctrines have been significantly reformed by ss.119 and 120 of the Criminal Justice Act 2003. These reforms call into question the extent to which the common law’s structural architecture, differentiating evidence or questions going to credit from evidence or questions going (directly) to the issue, remains salient in the modern law.
Hearsay
Authors: Roberts Paul
Published: November 2022

This chapter discusses the common law hearsay prohibition and its modern statutory incarnation under the CJA 2003. The ‘rule against hearsay’ is an iconic feature of common law evidence. It can be conceptualized as the flipside of the principle of orality: a preference for first-hand oral testimony is simultaneously a presumption against the receipt of second-hand, out of court, reported hearsay. However, the hearsay prohibition was never absolute at common law: some out-of-court speech or writing is (arguably) not hearsay, whilst much that is indisputably hearsay is nonetheless admissible via numerous doctrinal exceptions to the prohibition. The reformed statutory framework maintains a bespoke set of admissibility doctrines for hearsay evidence but also extends the common law’s partially compensatory inclusionary policy (and literally ‘preserves’ key common law exceptions, via CJA 2003, s.118). The chapter canvasses explanatory rationales for excluding hearsay evidence. Like many other common law evidentiary doctrines, hearsay exclusion can be justified on epistemic and/or non-epistemic grounds. Second-hand information may be unreliable and difficult to test. It may also be unfair to adduce it against a party who is denied the opportunity to ‘confront’ or challenge an accuser directly. ECHR Art 6(3)(d) articulates a right to witness examination as one component of the (human) right to a fair trial. Conversely, hearsay is often reliable and sometimes the best available evidence. Hearsay doctrine must balance these conflicting considerations. Analysis begins with the concept and definition of the hearsay prohibition. Conceptual confusion has caused much difficulty in the past, especially in relation to ‘implied assertions’, and the reformed law is not entirely free of it. The CJA 2003 presents a logical, partly codified structure for regulating hearsay evidence with principal admissibility gateways covering first-hand oral hearsay from ‘absent witnesses’ (s.116), ‘business etc.’ documents (s.117), and a residual ‘safety valve’ inclusionary discretion (s.114(1)(d)). There is extensive interpretational jurisprudence. The chapter concludes by evaluating what remains of the old common law doctrines, reasserting normative first principles (partly enshrined in human rights law), and noting a procedural shift towards judicial warnings (‘forensic reasoning rules’) in preference to blanket exclusion as a more nuanced way of addressing the probative infirmities of hearsay evidence.
The Accused’s Extraneous ‘Bad Character’
Authors: Roberts Paul
Published: November 2022

This chapter is concerned with evidence of the accused’s extraneous misconduct, a topic previously known as ‘similar fact evidence’ at common law, but better described as ‘bad character’ evidence coherently with the legislative framework established by the Criminal Justice Act 2003, ss.98–113. Evidence is extraneous when it does not directly concern disputed primary facts. Extraneous bad character evidence is traditionally regarded as unfairly ‘prejudicial’, and presumptively inadmissible at common law especially when inviting propensity-based inferences of guilt. Conceptual analysis clarifies the meaning of ‘prejudice’, which may entail moral disrepute and/or defective reasoning, and relates it to the normative value-structure of criminal adjudication. Elaborated theoretical rationales for excluding bad character evidence are critically reviewed. The statutory framework of the CJA 2003’s bad character provisions is sketched, highlighting issues of definitional scope, range of application, and general procedural requirements. Each of section 101’s seven admissibility ‘gateways’ is then explored in detail, incorporating extensive discussion of recent case-law applications, and points of comparison with the pre-Act common law position. The four prosecution gateways admit: important explanatory evidence (c); fairly relevant bad character (encompassing propensity inferences) (d); evidence to correct a false impression (including misleading assertions of good character) (f); and tit-for-tat retaliation to an imputation attacking another person’s character (g). Gateway (e) regulates bad character in issue between co-accused. The operation of particular statutory provisions, as elucidated in a burgeoning Interpretational jurisprudence, is critically evaluated in light of legislative objectives and litigation practice. Overall appraisal of these provisions’ operation to-date is complicated by endless variation in factual circumstances, appellate court deference to contextual fact-specific judicial rulings at first instance, and the dearth of reliable empirical data describing current trial practice (imperfectly mirrored in criminal appeals).
Age of the Spirit
Authors: Maiden John
Published: November 2022

This expansive study offers an interpretation of the ‘new Pentecost’: the rise of charismatic Christianity, before, during, and after the ‘long 1960s’. It examines the translocal actors, networks, and media which constructed a ‘Spiritscape’ of charismatic renewal in the Anglo-world contexts of Australia, British Isles, Canada, New Zealand, South Africa, and the United States. It places this arena also in a wider and dynamic setting, exploring how charismatic imaginations of an ‘age of the Spirit’ were shaped by interpenetrations with the ‘Third World’, the Soviet bloc, and beyond in the global Sixties and Seventies. The book explains charismatic developments within Protestantism and Catholicism, mainline and non-denominational churches, and within existing pentecostalisms, and places these in relation to lively scholarly themes such as secularisation, authenticity, and cosmopolitanism. It offers unrivalled analysis of charismatic music, books, television, conferences, personalities, community living, and controversies in the 1960s and 1970s. It looks forward, also, to the many global legacies of charismatic renewal, for example in relation to the politics of sexuality in the Anglican Communion and support for President Donald J. Trump. The essential question at the heart of this book is relevant for scholars and practitioners of Christianity alike: how did charismatic renewal transform the churches in the twentieth century, moving from the periphery to the mainstream?
Mediation
Authors: Maiden John
Published: November 2022

This chapter examines the media flows which shaped the Spiritscape of charismatic renewal in the Anglo-world, and the American, British, and Commonwealth ‘service agencies’ responsible for this mediation. The translocal exchange of charismatic texts, sounds and images, and charismatic renewal, it is argued, is an exemplar of what David Morgan calls ‘mediation as religion’. The chapter addresses the ways in which charismatics understood the Spirit to work symbiotically with media technologies. However, while media made a powerful contribution to the convergence of the charismatic imagination, it pointed also towards the internal diversity of renewal and the pluralities and contestations which could result.
Body
Authors: Maiden John
Published: November 2022

This chapter examines how charismatics reimagined forms of Christian community in the 1960s and 1970s, offering expressions of embodied and authentic ‘New Testament’ Christian love and community in times of religious and cultural crisis. It looks at the dynamics of the prayer group as the central, lived expression of charismatic spirituality. What were the ecclesiological ramifications and contestations resulting from experimentation with the ‘body’ of Christ, for example in relation to practices of Christian initiation, the exercise of authority, gender roles, abuse, and spiritual gifts? The chapter addresses the ways in which different ecclesiological perspectives came into focus within the distinctive mainline, independent, and pentecostal approaches to charismatic renewal.
Impoverishment of Resources
Authors: Gibson Andrew
Published: November 2022

We live in the age of the Anthropocene. Neoliberalism, which might have worked to halt it, has drastically accelerated its pace. This is hugely significant for contemporary thinkers and writers, ontology and philosophy in general, and literature and aesthetics, including literary criticism. Ours is the age that begins to grasp the poverty of Being, or unBeing, calling a range of philosophical and artistic projects into question, though strengthening the grip of others (Pascal, Schopenhauer, Luhmann, Beckett). As such, it is radically opposed to the neoliberal obsession with plenitude, the ‘double dividend’, the ‘upscaling of desire’, and the doctrine of ‘sustainability’ which notionally preserves all three. I show how, in two of his novels, in radical contradistinction to a world of impatient consumption, Coetzee commits himself to a manichaeanism of scarcity. Thought begins in the poverty of Being: scarcity, exiguous resources, direly limited possibilities, closeness to bare life, the edge of inexistence.
The Creation of Difficulty
Authors: Gibson Andrew
Published: November 2022

Neoliberalism is intermittently troubled by the idea that it might be stupid, as in its concern with ‘dumbing down’. This chapter briefly surveys the scene, focussing on worries about the effects of mediatization and IT. But then, turning to Cameroonian philosopher Achille Mbembe, it changes the ground of the debate. Mbembe identifies neoliberal stupidity as above all moral, the latest manifestation of the age-old racism of the West. This has not changed. It has merely shifted its points of concentration, most blatantly, to borders and crossing points. The chapter examines three of Coetzee’s novels as major challenges, not so much to racism itself as to the stupid mental habits intrinsic to racism. Coetzee excels at the creation of moral difficulty. He is our most rigorous literary opponent of the lazy thinking, the easy solution or response, the contemporary cliché or bromide from which neoliberalism and its ‘planetary apartheid’ are inseparable.
A Hidden Wisdom
Authors: Van Dyke Christina
Published: November 2022

Medieval philosophy is primarily associated today with university-based disputations and the authorities cited in those disputations. In their own time, however, scholastic debates were recognized as just one part of wide-ranging philosophical and theological discussions. A Hidden Wisdom breaks new ground by drawing attention to another crucial component of these conversations: the Christian contemplative tradition. The thirteenth–fifteenth centuries in particular saw a dramatic increase in the production and consumption of mystical and contemplative literature in the ‘Christian West’, by laypeople as well as religious scholars, women as well as men. A Hidden Wisdom focuses on five topics of particular interest to both scholastics and contemplatives in this period—namely, self-knowledge, reason and its limits, love and the will, persons, and immortality and the afterlife. This focus centers on the (often overlooked) contributions of medieval women and demonstrates that when we reunite scholasticism with its contemplative counterpart, we gain not only a more accurate understanding of the scope of medieval Christian philosophy and theology but also an increased awareness of a deeply practical tradition that builds up as well as tears down, generates as well as deconstructs. The book’s treatment of topics and figures is meant to be representative rather than exhaustive—a tasting menu rather than a comprehensive study. The choice of topics offers a series of ‘hooks’ for philosophers to connect their own interests to issues central to medieval contemplative philosophy, while also providing medievalists in other disciplines a fresh lens through which to view these texts.
Self-Knowledge
Authors: Van Dyke Christina
Published: November 2022

According to medieval contemplatives, self-knowledge is a precondition for moral and spiritual growth—everything from the development of individual virtues to achievement of our final end as human beings. After establishing a general sense of what self-knowledge is, this chapter lays out three of the most common recommendations medieval contemplatives give for how to acquire it: ‘look outside yourself to know yourself,’ ‘root down in humility to rise up in dignity,’ and ‘use reason and imagination to counter selfish pride.’ Although contemplatives generally agree about the importance of self-knowledge, they disagree sharply about its final purpose; the chapter concludes by laying out the differing ends towards which contemplatives advise applying this knowledge—ends that range from relinquishing all individuality in a selfless merging with God to complete self-fulfillment via union with God.
Persons
Authors: Van Dyke Christina
Published: November 2022

According to late medieval contemplatives, “we” human beings are also persons—a category that includes all rational beings, including God. By the outset of the thirteenth century, the term ‘persona’ had a long history in logical, legal, and theological contexts. This chapter addresses how the overlapping but distinct connotations ‘persona’ assumes in those contexts boil down to three central concepts: individuality, dignity, and rationality (understood broadly to include the full range of rational capacities). These three concepts combine in the contemplative tradition with the use of first- and second-person perspectives, personification, and introspection to yield a complex and rich understanding of who we are and what it is to be a person. The chapter concludes with a discussion of how this concept of person also prefigures Locke’s famous seventeenth-century definition and influences the development of the philosophical theory of personalism.
Introduction
Authors: Rosenfeld Michel
Published: November 2022

Liberal constitutional democracy has come under attack in the era of globalization, both from within and from the standpoint of illiberalism, populism, and authoritarianism. With spreading wealth inequality, perceived threats to national identity, and increases in “democratic deficits,” the constitutional ideal seems to be failing the requisites of distributive justice in its facets: redistribution, recognition, and representation. Drawing on Rawls’ subsuming “constitutional essentials” under his theory of justice, the liberal constitutional ideal can be understood to require guaranteeing a minimum of distributive justice that can be labeled as the “justice essentials.” As what distributive justice requires is highly contested in contemporary societies, the book sets to inquire into the challenges both practical and theoretical to agreeing to and realizing the “justice essentials.” Moreover, the inquiry in question is intended to yield insights into viability of the ideal of liberal constitutionalism in the present and the foreseeable future.
Local versus Global, Material Well-Being, States of Stress, and the Erosion of Justice
Authors: Rosenfeld Michel
Published: November 2022

This chapter concentrates on novel and unsettling disruptions to patterns of distributive justice regarding wealth and other material burdens and benefits attributable to globalization and associated developments resulting in dramatic increases in inequalities based on wealth. These disruptions pose vexing new challenges to constitutions and to their ability to satisfy the justice essentials in the realms of social, political, and economic distributive justice. In the 1990s after the fall of communism, it was assumed that capitalism would legitimately reign unchallenged, thus warranting a constitutional focus away from questions of wealth and towards questions of identity. More recently, however, questions of wealth have re-emerged and now figure urgently alongside questions of identity and of representation in the quest for constitutional justice. In addition, the twenty-first century has confronted special challenges due to the prevalence of conditions of “stress” that stand halfway between ordinary conditions and states of emergency. Global terrorism and the “war on terror” that ensued as well as the COVID-19 pandemic and its legal, political, and public health handling have fostered prolonged and challenging conditions of stress. Such conditions typically test and reset loyalties while tending to compromise civil liberties for purposes of enhancing security or of meeting pressing public health objectives. These conditions of stress produce shifts in the relationship between the demos and the ethnos posing additional challenges to the justice essentials.
The Dialectics of Comprehensive Pluralism
Authors: Rosenfeld Michel
Published: November 2022

This chapter details how “comprehensive pluralism,” a theory that is pluralist all the way up and all the way down, can yield a pluralist conception of constitutional justice. Comprehensive pluralism, which is distinguishable from the limited pluralism linked to philosophical liberalism and from the value pluralism of Isaiah Berlin, relies on a dialectical approach that incorporates Hegelian elements (without assuming a course of historical progress leading to any definitive resolution of major societal conflicts). Comprehensive pluralism emerges in sharp contrast to both philosophical monism and relativism, and because philosophical liberalism as opposed to liberal constitutionalism is monistic in nature, comprehensive pluralism is presumably better suited to provide normative legitimation to the latter. Because of its dialectical nature, comprehensive pluralism must be successively relativistic and monistic: relativistic to dislodge the hegemony of entrenched conceptions of the good that stand in the way of genuine plurality, and monistic to secure the greatest possible inclusion of competing ideologies without risking mere mutual disengagement or a thoroughly relativistic war of all against all. Furthermore, comprehensive pluralism is a teleological theory that rejects the proposition that justice can be properly conceived as being independent from the good. For comprehensive pluralism, justice as a good must rely to greatest extent possible on accommodation of competing conceptions of the good—including competing conceptions of distributive justice—even if the later are inconsistent with pluralism so long as they do not prove downright incompatible with it.
Unsupervised learning: from representations to generative models
Authors: Cocco Simona , Monasson Rémi , Zamponi Francesco
Published: November 2022

Unsupervised learning is the task of inferring the statistical structure common to a set of data. Unveiling this structure may be helpful for multiple purposes, such as interpreting the defining characteristics of the data, allowing for further processing, or even generating new data items. We have already encountered methods for unsupervised learning in the previous chapters. An example is that of Boltzmann machine learning of a probability distribution, which can then be sampled to produce new data. If the learning is good, the generated data should be statistically indistinguishable from the training data. The principal component analysis (PCA) method discussed in chapter 3 is another example, in which one learns some features of the data (the directions in the data space along which data vary the most) that can be used to represent them. The field of unsupervised learning is particularly vast. In this chapter we will only discuss a few examples, in particular autoencoders, restricted Boltzmann machines, and a revisited version of PCA. The emphasis will be put on two major goals of unsupervised learning, that is, the production of adequate representations of the data, and the generative character of the models. Applications to the design of new proteins from sequence-based models will be presented.
Necessity, Responsibility, and Character
Authors: Janaway Christopher
Published: November 2022

In On the Freedom of the Human Will, Schopenhauer argues that an individual human being’s acts of will are not free: all human actions are causally necessitated, as are all other events in empirical nature, hence there is no absolute freedom in the sense of the traditional notion of liberum arbitrium indifferentiae. However, our sense of responsibility or agency (being the ‘doers of our deeds’) is nonetheless unshakeable. To account for this Schopenhauer invokes the Kantian distinction between empirical and intelligible characters. Schopenhauer and Kant differ over the intelligible character, which for Schopenhauer cannot be rational and cannot causally interact with anything. The chapter questions whether the intelligible character may be redundant to Schopenhauer’s position, and whether it can coherently belong to an individual agent, suggesting that for Schopenhauer a more consistent position would be to deny freedom of will to the individual altogether.
What’s So Good about Negation of the Will?
Authors: Janaway Christopher
Published: November 2022

Some commentators have asserted that for Schopenhauer negation of the will is the ‘highest good’. But Schopenhauer states that there cannot be a highest good or summum bonum literally, only figuratively. What is the reason for this ambivalence? Schopenhauer defines good as whatever is conducive to the will, but by this criterion absence of will could not be good, much less the highest good. Schopenhauer implicitly recognizes two ways of being good, corresponding to two kinds of willing: ordinary willing, aimed at the well-being of individuals, and a will to be without ordinary individualistic willing. Thus he can hold that negation of the will is the highest good, while also making clear that it is not the highest of the goods attainable by ordinary individualistic willing. However, although his position seems to require the second kind of willing, it remains unclear how his metaphysics can accommodate it.
Schopenhauer’s Christian Perspectives
Authors: Janaway Christopher
Published: November 2022

The chapter begins from some of Nietzsche’s remarks in The Gay Science, and argues that Nietzsche is right that Schopenhauer defends values from a distinctly Christian ‘ascetic moral perspective’ while ‘dismissing faith in God’. The chapter aims to show that Schopenhauer is genuinely an atheist; to understand the nature of the Christian values—those of selfless compassion and ascetic release from the world—that he nonetheless espouses; to assess Schopenhauer’s claim that Christianity represents truths allegorically; and to examine the coherence or plausibility of his position. Merely continuing Christian values is not the same as being ‘stuck’ in them (a phrase Nietzsche had borrowed from Plümacher). Nietzsche’s claim is that Christian values ought not to survive the death of God and, having supported Nietzsche’s description of Schopenhauer, the final question is whether he is also right in this evaluation.
On the Very Idea of ‘Justifying Suffering’
Authors: Janaway Christopher
Published: November 2022

The chapter examines whether Nietzsche is concerned with a kind of ‘theodicy’, or with justifying or finding meaning in suffering. In the ‘aesthetic justification’ in The Birth of Tragedy, ‘justification’ is used in a loose sense of ‘enabling a positive attitude’. In his ‘Attempt at a Self-Criticism’ Nietzsche does not endorse his earlier notion, but praises The Birth of Tragedy for its refusal to find a moral meaning in existence, in explicit contrast to Schopenhauer’s view. While Nietzsche’s later position is continuous with the tradition of theodicy in seeking to relate suffering’s value to some wider whole, it does not hold that suffering as such has a fixed normative value, has a meaning, happens for a reason, is justified, or that we ought because of suffering to value our lives one way or another.
Who—or What—Says Yes to Life?
Authors: Janaway Christopher
Published: November 2022

The chapter examines attitudes or processes that Nietzsche describes as ‘affirmation’ or ‘Yes-saying’. He often speaks of something other than an individual as saying Yes, for example, cultural products, practices such as art forms and value-systems, and subpersonal items such as instincts and drives. The chapter argues that Nietzsche gives priority to affirmation that is the direct expression of instincts or drives in action. However, many drives or instincts are acquired through cultural transmission, and operate outside conscious control to influence culture in turn. The notion that a drive ‘in us’ says Yes to life and the notion that a surrounding culture says Yes to life do not conflict but are two sides of the same coin. Nietzsche himself must fail to embody the highest affirmative ideal because he inhabits a culture that has moulded his drives in ways that impede affirmation.
The Relationship between Internally Displaced Persons and Refugees
Authors: Ní Ghráinne Bríd
Published: November 2022

The aim of this chapter is to set out in more detail the precise nature of the relationship between IDPs and refugees. First it explains the concepts of IDP and refugee and gives a brief overview of the current figures and demographics of both categories of forced migrants. It then explains the similarities and differences between IDPs and refugees, explores whether these two categories of forced migrants should be merged, and sets out areas where the protection of IDPs and refugees might complement and conflict with each other. The chapter argues that, because of the close relationship between IDP and refugee protection, an analysis of how the protection of these two categories of forced migrants interact with each other is long overdue.
Legal and Institutional Protection of Internally Displaced Persons
Authors: Ní Ghráinne Bríd
Published: November 2022

This chapter explains the development of the current IDP protection framework. It identifies three key stages in this respect, which correspond with the chapter’s structure: (i) the era of ‘preventive protection’ in the 1990s and early 2000s; (ii) the development of a distinct IDP legal framework from the 1990s onwards; (iii) the parallel development of an IDP institutional framework from the 1990s onwards. The chapter argues that despite these significant strides, the issue of refugee protection continues to dominate the international agenda, to the detriment of the IDP protection framework. Specifically, it is clear that the development of the IDP protection framework was significantly motivated by the desire to reduce refugee flows, and that the legal and institutional framework for IDPs is significantly weaker than that for refugees.
Hume's Philosophy in Historical Perspective
Authors: Stewart M. A.
Published: November 2022

David Hume was a highly original thinker. Nevertheless, he was a writer of his time and place in the history of philosophy. In this book, M. A. Stewart puts Hume’s writing in context, particularly that of his native Scotland, but also that of British and European philosophy more generally. Through meticulous research Stewart brings to life the circumstances by means of which we can get a deeper understanding of Hume’s writings on the nature and reach of human reason, the foundation of morals, and, especially, on the philosophy of religion. Stewart pays particular attention to Hume’s intellectual development, beginning with his education at the College of Edinburgh, the writing of his Treatise of Human Nature, and his subsequent philosophical responses to criticisms of that book. He argues that Hume’s scepticism set him at odds with the Christian Stoicism of Scottish contemporaries including that of Francis Hutcheson - and shows that this conflict played a major role in his failure to obtain the Edinburgh Moral Philosophy Chair in 1745. Stewart’s detailed study of the physical character of Hume’s surviving manuscripts in Chapters 8 and 9 provides the best available dating of his early ‘Essay on Modern Chivalry’, his ‘Early Fragment on Evil’ and the periods of composition of his Dialogues Concerning Natural Religion. Other chapters compare Hume’s theory of abstraction with that of Locke and Berkeley, provide the 17th and 18th century philosophical context of the central argument of his essay ‘Of miracles’, and consider the 18th and 19th century reception of his writings in England and Ireland.
Hume, David (1711–1776), Scottish Philosopher and Historian
Authors: Stewart M. A.
Published: November 2022

A brief but comprehensive account of the life and works of Hume. Summarizes Hume’s achievements in his historical, moral, political, and literary writings, but argues for the centrality of the sceptical philosophy elaborated A Treatise of Human Nature.
The Scottish Enlightenment
Authors: Stewart M. A.
Published: November 2022

Situates Hume in the context of the Scottish Enlightenment. Shows that the intellectual environment in which Hume developed his ideas was shaped by the academic culture developed in Scotland in the wake of the Glorious Revolution of 1688. Emphasizes the importance to that culture of Francis Hutcheson. Suggests that Hume could have been influenced also by criticism of the broadly Lockean consensus on the part of Thomas Halyburton and Archibald Campbell. Argues that Hume’s major contribution to the Scottish Enlightenment was his critique of the rationality of religious belief. Argues also that the significance of this critique for the development of Scottish philosophy more generally was in the critical reaction it provoked in his contemporaries and successors, including Henry Home of Kames, Thomas Reid, Dugald Stewart, and Thomas Brown. Also briefly discusses the relation of Hume’s moral philosophy to that of Adam Smith and Adam Ferguson.
The Stoic Legacy in the Early Scottish Enlightenment
Authors: Stewart M. A.
Published: November 2022

Focuses on Hume’s generally hostile philosophical engagement with the neo-Stoicism that dominated Scottish university life in the early eighteenth century, giving particular attention to the essays ‘The Epicurean’, ‘The Stoic’, ‘The Platonist’, and ‘The Sceptic’. Argues that for Hume, Stoicism was a species of philosophical enthusiasm, and that the scepticism that Hume endorses in ‘The Sceptic’ is scepticism about overrating the power of reason to impose upon human nature. Describes how Hume’s scepticism about the capacities of philosophy divided him from his Scottish contemporaries, including Francis Hutcheson, George Turnbull, and John Pringle. Considers the political dimension of Scottish neo-Stoicism, and the influence upon it of Robert Molesworth.
Academic Freedom
Authors: Stewart M. A.
Published: November 2022

Puts Hume’s failure to get an academic appointment into the wider political context of contemporary Scottish discussions of academic freedom. Makes particular reference to the internal politics of Glasgow University, and to Francis Hutcheson’s Lockean defence of religious toleration. Points out that Hutchesonian toleration did not include toleration of those who, in a university context, questioned the providence of God and the goodness of creation. Argues this was why, twenty years later, erstwhile liberals such as Hutcheson and Wishart opposed Hume’s candidacy for the Edinburgh chair.
Abstraction and Representation in Locke, Berkeley, and Hume
Authors: Stewart M. A.
Published: November 2022

Focuses on the theories of abstract ideas developed by Locke, Berkeley, and Hume. Uses early drafts of Berkeley’s Principles of Human Knowledge to reconstruct how his theory developed out of his study of Locke’s Essay Concerning Human Understanding. Argues that Berkeley’s critique of Locke’s doctrine of abstract ideas proceeded from a misreading of Locke’s text; and that Hume’s account of abstraction was predicated upon a failure to see that Berkeley never claimed that general words signify ideas which represent more than one individual. In conclusion, reflects on the different motivations behind Berkeley’s and Hume’s discussions of abstraction and their rejections of the claim that space and time are infinitely divisible.
Hume’s Historical View of Miracles
Authors: Stewart M. A.
Published: November 2022

Locates Hume’s treatment of miracles in the context of a line of Protestant argument intended to discredit the philosophical basis of beliefs distinctive of Roman Catholicism. Documents the debts of Hume’s argument to Henry More, to latitudinarian divines such as John Wilkins and Edward Stillingfleet, and especially to Locke. Establishes is that the question of the reliability of testimony, and the role played by judgments of probability in answering that question, had been the object of sustained attention long before Hume came up with the argument of ‘Of Miracles’. Brings Hume’s argumentation in ‘Of Miracles’ into sharp focus, and considers one apparent flaw in that argumentation. Connects the ‘Of Miracles’ with treatments of testimony elsewhere in Hume’s works, and with Hume’s unpublished essay on Ossian in particular. Concludes with an attempt to explain why Hume thinks that, unlike a report of an eight-day darkness, a report of a resurrection from the grave could never be believed by a reasonable person.
The Early British Reception of Hume’s Writings on Religion
Authors: Stewart M. A.
Published: November 2022

Shows that Hume’s discussion of miracles in the first Enquiry was the main concern of Hume’s critics until the end of the nineteenth century. Having examined early criticisms on the part of Thomas Rutherforth, William Adams, and the future bishops Anthony Ellys and John Douglas, moves on to the Scottish common sense attack on Hume’s religious writings, giving particular attention to George Campbell’s Dissertation on Miracles (1762) and to what can be extracted, so far as religion is concerned, from the texts of Thomas Reid. Also considers the English response to Hume’s writings on religion by John Hey, Norrisian Professor of Divinity at Cambridge, in the early 1780s, and by William Paley’s View of the Evidences of Christianity (1794) and Natural Theology (1802). Concludes by noting how attitudes to Hume on religion had changed by the middle of the nineteenth century, as shown by the examples of, on the one hand, James Martineau, and, on the other, Thomas Henry Huxley.
Institutionalizing national leadership development interventions for English public services
Authors: Wallace Mike , Reed Michael , O’Reilly Dermot , Tomlinson Michael , Morris Jonathan , Deem Rosemary
Published: November 2022

The direct contemporary legacy of the extreme case is examined through a desk research-based review of the political and economic context, and of investment in a suite of national leadership development interventions. Successor governments have continued pursuing public service neoliberalization through regulated marketization reforms and have retained the suite of interventions in variably modified form, including those for school education and healthcare. The representative bodies that mounted the intervention for higher education have reconfigured it, and government core funding has ceased. National leadership development interventions have become institutionalized as an enduring contribution to the professionalization of senior staff in public service organizations as leaders, while the accountability regime continues to delimit their scope for corporate agency. A review of illustrative recent research on service provision and coordination in school education, healthcare, and higher education indicates that the generative mechanisms identified in the research whose findings were reported in Part II still broadly apply.
Hiding opinions from machine learning
Authors: Waniek Marcin , Magdy Walid , Rahwan Talal
Published: November 2022

Recent breakthroughs in machine learning and big data analysis are allowing our online activities to be scrutinized at an unprecedented scale, and our private information to be inferred without our consent or knowledge. Here, we focus on algorithms designed to infer the opinions of Twitter users toward a growing number of topics, and consider the possibility of modifying the profiles of these users in the hope of hiding their opinions from such algorithms. We ran a survey to understand the extent of this privacy threat, and found evidence suggesting that a significant proportion of Twitter users wish to avoid revealing at least some of their opinions about social, political, and religious issues. Moreover, our participants were unable to reliably identify the Twitter activities that reveal one’s opinion to such algorithms. Given these findings, we consider the possibility of fighting AI with AI, i.e., instead of relying on human intuition, people may have a better chance at hiding their opinion if they modify their Twitter profiles following advice from an automated assistant. We propose a heuristic that identifies which Twitter accounts the users should follow or mention in their tweets, and show that such a heuristic can effectively hide the user’s opinions. Altogether, our study highlights the risk associated with developing machine learning algorithms that analyze people’s profiles, and demonstrates the potential to develop countermeasures that preserve the basic right of choosing which of our opinions to share with the world.
The effect of competition between health opinions on epidemic dynamics
Authors: Teslya Alexandra , Nunner Hendrik , Buskens Vincent , Kretzschmar Mirjam E
Published: November 2022

Past major epidemic events showed that when an infectious disease is perceived to cause severe health outcomes, individuals modify health behavior affecting epidemic dynamics. To investigate the effect of this feedback relationship on epidemic dynamics, we developed a compartmental model that couples a disease spread framework with competition of two mutually exclusive health opinions (health-positive and health-neutral) associated with different health behaviors. The model is based on the assumption that individuals switch health opinions as a result of exposure to opinions of others through interpersonal communications. To model opinion switch rates, we considered a family of functions and identified the ones that allow health opinions to coexist. Finally, the model includes assortative mixing by opinions. In the disease-free population, either the opinions cannot coexist and one of them is always dominating (mono-opinion equilibrium) or there is at least one stable coexistence of opinions equilibrium. In the latter case, there is multistability between the coexistence equilibrium and the two mono-opinion equilibria. When two opinions coexist, it depends on their distribution whether the infection can invade. If presence of the infection leads to increased switching to a health-positive opinion, the epidemic burden becomes smaller than indicated by the basic reproduction number. Additionally, a feedback between epidemic dynamics and health opinion dynamics may result in (sustained) oscillatory dynamics and a switch to a different stable opinion distribution. Our model captures feedback between spread of awareness through social interactions and infection dynamics and can serve as a basis for more elaborate individual-based models.
The chemical reprogramming of unipotent adult germ cells towards authentic pluripotency and de novo establishment of imprinting
Authors: Yuhan Chen , Lu Jiansen , Xu Yanwen , Huang Yaping , Wang Dazhuang , Liang Peiling , Ren Shaofang , Hu Xuesong , Qin Yewen , Ke Wei , Jauch Ralf , Hutchins Andrew Paul , Wang Mei , Tang Fuchou , Zhao Xiao-Yang
Published: November 2022

Although somatic cells can be reprogrammed to pluripotent stem cells (PSCs) with pure chemicals, authentic pluripotency of chemically induced pluripotent stem cells (CiPSCs) has never been achieved through tetraploid complementation assay. Spontaneous reprogramming of spermatogonial stem cells (SSCs) was another non-transgenic way to obtain PSCs, but this process lacks mechanistic explanation. Here, we reconstructed the trajectory of mouse SSC reprogramming and developed a five-chemical combination, boosting the reprogramming efficiency by nearly 80–100-folds. More importantly, chemical induced germline-derived PSCs (5C-gPSCs), but not gPSCs and chemical induced pluripotent stem cells, had authentic pluripotency, as determined by tetraploid complementation. Mechanistically, SSCs traversed through an inverted pathway of in vivo germ cell development, exhibiting the expression signatures and DNA methylation dynamics from spermatogonia to primordial germ cells and further to epiblasts. Besides, SSC-specific imprinting control regions switched from biallelic methylated states to monoallelic methylated states by imprinting demethylation and then re-methylation on one of the two alleles in 5C-gPSCs, which was apparently distinct with the imprinting reprogramming in vivo as DNA methylation simultaneously occurred on both alleles. Our work sheds light on the unique regulatory network underpinning SSC reprogramming, providing insights to understand generic mechanisms for cell-fate decision and epigenetic-related disorders in regenerative medicine.
Radiographic Technique for Routine Clinical Measurement of Postoperative Total Knee Extension
Authors: Hungerford Marc , Neubauer Philip , Ochs Jordan , Jackson Matthew , Boner Ashlie
Published: November 2022

Introduction:

We propose a novel clinical technique to easily obtain a radiographic measurement for terminal passive knee extension based upon a weight-bearing lateral radiograph.

Materials and Methods:

Lateral radiographs were obtained with the patient in the standing position. The leg was positioned with slight hip flexion and full passive extension of the knee by instructing the patient to bear partial weight through their heel, with simultaneous use of a wooden wedge to dorsiflex the foot to neutral and to aid in balance. A Terminal extension was measured radiographically with digital imaging software. Fifty postoperative knee radiographs were used in assessing inter-observer and intra-observer reliability.

Results:

Inter-observer reliability yielded an Intraclass Correlation Coefficient of 0.973. The correlation coefficient for intra-observer reliability was 0.980.

Conclusion:

With the use of weight-bearing extension radiographs and our measurement technique, we present a method that can easily be applied across any setting in total knee arthroplasty to obtain accurate, objective data on patient knee extension.
Histopathologic Evolution of Melanocytes Associated With Rapid Clinical Progression of Melanoma: Clinicopathologic Presentation of Hyperprogressive Disease in a Patient Treated With Immunotherapy
Authors: Almanza Jocelyn , Dobry Allison , Ejadi Samuel , Jakowatz James , Lee Bonnie
Published: November 2022

This report describes the case of a 71-year-old woman with nodular melanoma who experienced rapid clinical deterioration 3 weeks after receiving immunotherapy treatment. Given this presentation, there was high suspicion for tumor hyperprogression, which has been observed as a paradoxical response to the use of immunotherapy in the treatment of melanoma. Histopathologic and genomic changes of primary tumor are documented at several different timepoints relative to immunotherapy treatment that may depict important alterations associated with hyperprogressive disease. To our knowledge, this case is the first to document the evolution of histopathologic features of melanoma associated with hyperprogressive disease.