bluuebunny/crossref_metadata_2025 huggingface dataset:
Historical Introduction
Authors: Schaefer Richard
Published: June 2023

This chapter explores those political coordinates that would have been significant for theologians in German-speaking central Europe between 1815 and 1830. It seeks to chart the horizon against which theologians would have understood their work as having distinctly political implications. It begins by enumerating some of the relevant political continuities that straddled the watershed year of 1815. More specifically, it looks at how the restoration agenda was always already enmeshed in reformist political dynamics that included: the constitutional question, debates over the status of Jews, and the challenges that stemmed from the forced ‘mediatization’ of smaller states into larger ones. It then assesses the Congress of Vienna and the Holy Alliance in connection with various trans-confessional revival movements spreading across central Europe. It argues that the Congress was an epoch-defining ‘event’, one that helped shape, not only the course of the talks, but the much more profound sense that this was a unitary moment of history. The chapter examines the creation of the German Confederation, before surveying the political ‘crises’ that emerged during 1815–30. It explores reactions to the Reformation Tercentenary and the Wartburg festival of 1817, and it looks at the reaction to the murder of the author August von Kotzebue in 1819. The most immediate result was the promulgation of the Carlsbad Decrees throughout the German Confederation mandating strict censorship and a policing of the university. But the larger effect was to galvanize the now defining chasm separating progressive and reactionary politics.
Mediating Theology
Authors: Aubert Annette G.
Published: June 2023

Modern perceptions of mediating theology are often confined to broad definitions, with most attention given to a core group of mediating figures. This chapter defines mediating theology within a modern German university context, which includes Friedrich Schleiermacher’s theological agenda and various versions of mediation associated with his heritage. It discusses an international group of mediating theologians who both confronted post-Enlightenment cultural challenges and engaged with science. Mediating professors laboured within the context of the nineteenth-century intellectual revolution while addressing Protestant beliefs in light of new advances in historical scholarship. This chapter reviews these contributions to academic theology as important markers of the progress of modern Protestantism, exploring how mediation played a key role in shaping new attitudes involving modernity and religion.
Strauss and the Life of Jesus Controversy
Authors: Ledger-Lomas Michael
Published: June 2023

This chapter asks why contemporaries viewed the publication of David Friedrich Strauss’s Das Leben Jesu, kritisch bearbeitet (1835) as an ‘electric shock’, when many elements of its mythical interpretation of the gospels were not particularly new. Strauss made a radical contribution to the debate about scientific theology when he first argued that it must begin with presuppositionless criticism and secondly sought to publicize anti-supernaturalist findings of that criticism. Yet once banished from academic institutions, Strauss could not revolutionize German theology from within. Nor contrary to what historians once argued did he intend his book to have a politically or socially revolutionary impact on German lands. Yet the chapter suggests that tracing the transnational reception of Das Leben Jesu and its appropriation for a range of reforming agendas might offer a new way to understand its enduring impact.
Ludwig Feuerbach and the Challenge of Atheism
Authors: Gooch Todd
Published: June 2023

After situating Feuerbach’s early defence of pantheistic idealism in its historical context, this chapter points out significant theoretical differences between the interpretation of the Christian faith proposed by him in The Essence of Christianity (1841) and a different position he sought to articulate in subsequent works after having renounced ‘speculation’ in favour of ‘sensualism’. These include The Essence of Faith According to Luther (1844) and the Lectures on the Essence of Religion (1851). The chapter goes on to consider the theological reception of Feuerbach’s ideas in the twentieth century before suggesting some ways in which his ideas remain relevant for theology today.
Roman Catholic Historical Criticism
Authors: Madges William
Published: June 2023

This chapter profiles Catholic scholars who, unlike the majority of Catholics in the early nineteenth century, appropriated the tools of historical criticism in the interpretation of the text and the contents of the New Testament. Johann Leonhard Hug, the most important Catholic exegete of the first half of the century, contributed to the textual criticism of the New Testament and to the debate about the synoptic problem. He and Martin Josef Mack wrote extensive critiques of D. F. Strauss’s Life of Jesus (1835). Johannes Kuhn, an outstanding member of the Catholic Tübingen School, not only criticized Strauss’s work, but also, as a counterpoint to Strauss’s, wrote his own Life of Jesus (1838), which won praise as a pioneering work while also eliciting reproach from more conservative Catholics. All three Catholics engaged the Protestant scholarship of their day; all three sought to balance critical historical methodology with their Catholic theological convictions.
The Progress of Scholarship
Authors: Oakley S. P.
Published: June 2023

In chapter 3 scholarship on the transmission of the text of Vitruvius is reviewed. All known manuscripts of Vitruvius are (where possible) localized and their genealogical affiliations are determined. Stemmata are provided to illustrate these affiliations. The small incunabular tradition is also examined. An outline of the transmission of the text from antiquity to the sixteenth century is provided. In an end-note some manuscripts of Faventinus are discussed.
Catalogue Entries
Authors: Oakley S. P.
Published: June 2023

In chapter 9 scholarship on the transmission of the text of Vitruvius is reviewed. All known manuscripts of Vitruvius are (where possible) localized and their genealogical affiliations are determined. Stemmata are provided to illustrate these affiliations. The small incunabular tradition is also examined. An outline of the transmission of the text from antiquity to the sixteenth century is provided. In an end-note some manuscripts of Faventinus are discussed.
Introduction
Authors: Oakley S. P.
Published: June 2023

In chapter 13 scholarship on the transmission of the texts of Cato, De agri cultura and Varro, De re rustica is reviewed. All known manuscripts of these works are (where possible) localized and their genealogical affiliations are determined. Stemmata are provided to illustrate these affiliations. The small incunabular tradition is also examined. It is argued that the transmission needs to be studied in three separate parts: Cato; Varro before 3.17.4; and Varro after 3.17.4. An outline of the transmission of the text from antiquity to the sixteenth century is provided.
The Progress of Scholarship
Authors: Oakley S. P.
Published: June 2023

In chapter 15 scholarship on the transmission of the texts of Cato, De agri cultura and Varro, De re rustica is reviewed. All known manuscripts of these works are (where possible) localized and their genealogical affiliations are determined. Stemmata are provided to illustrate these affiliations. The small incunabular tradition is also examined. It is argued that the transmission needs to be studied in three separate parts: Cato; Varro before 3.17.4; and Varro after 3.17.4. An outline of the transmission of the text from antiquity to the sixteenth century is provided.
Problematic or Otherwise Interesting Passages
Authors: Oakley S. P.
Published: June 2023

In chapter 18 scholarship on the transmission of the texts of Cato, De agri cultura and Varro, De re rustica is reviewed. All known manuscripts of these works are (where possible) localized and their genealogical affiliations are determined. Stemmata are provided to illustrate these affiliations. The small incunabular tradition is also examined. It is argued that the transmission needs to be studied in three separate parts: Cato; Varro before 3.17.4; and Varro after 3.17.4. An outline of the transmission of the text from antiquity to the sixteenth century is provided.
The Excerpting of Porphyrio’s Commentary on Horace
Authors: Oakley S. P.
Published: June 2023

In chapter 20 scholarship on the transmission of the text of Porphyrio is reviewed. A brief discussion of the relationship of extant scholia to the commentary that goes under the name of Porphyrio is provided. All known manuscripts of Porphyrio are (where possible) localized and their genealogical affiliations are determined. Stemmata are provided to illustrate these affiliations. It is argued that V (Vat. lat. 3314) is the source of all other extant MSS and was the manuscript brought back to Italy by Enoch of Ascoli, and the difficulties entailed by the standard view that it was written in Italy are stated. The extensive incunabular tradition is also examined, and an outline of the transmission of the text in the Renaissance is provided.
The Extant Witnesses
Authors: Oakley S. P.
Published: June 2023

In chapter 21 scholarship on the transmission of the text of Porphyrio is reviewed. A brief discussion of the relationship of extant scholia to the commentary that goes under the name of Porphyrio is provided. All known manuscripts of Porphyrio are (where possible) localized and their genealogical affiliations are determined. Stemmata are provided to illustrate these affiliations. It is argued that V (Vat. lat. 3314) is the source of all other extant MSS and was the manuscript brought back to Italy by Enoch of Ascoli, and the difficulties entailed by the standard view that it was written in Italy are stated. The extensive incunabular tradition is also examined, and an outline of the transmission of the text in the Renaissance is provided.
Porphyrio in the Middle Ages
Authors: Oakley S. P.
Published: June 2023

In chapter 23 scholarship on the transmission of the text of Porphyrio is reviewed. A brief discussion of the relationship of extant scholia to the commentary that goes under the name of Porphyrio is provided. All known manuscripts of Porphyrio are (where possible) localized and their genealogical affiliations are determined. Stemmata are provided to illustrate these affiliations. It is argued that V (Vat. lat. 3314) is the source of all other extant MSS and was the manuscript brought back to Italy by Enoch of Ascoli, and the difficulties entailed by the standard view that it was written in Italy are stated. The extensive incunabular tradition is also examined, and an outline of the transmission of the text in the Renaissance is provided.
Conclusions
Authors: Oakley S. P.
Published: June 2023

In chapter 28 scholarship on the transmission of the text of Porphyrio is reviewed. A brief discussion of the relationship of extant scholia to the commentary that goes under the name of Porphyrio is provided. All known manuscripts of Porphyrio are (where possible) localized and their genealogical affiliations are determined. Stemmata are provided to illustrate these affiliations. It is argued that V (Vat. lat. 3314) is the source of all other extant MSS and was the manuscript brought back to Italy by Enoch of Ascoli, and the difficulties entailed by the standard view that it was written in Italy are stated. The extensive incunabular tradition is also examined, and an outline of the transmission of the text in the Renaissance is provided.
Introduction
Authors: Oakley S. P.
Published: June 2023

In chapter 29 scholarship on the textual tradition of the Periegesis is reviewed. Most known manuscripts of the poem are (where possible) localized and their genealogical affiliations are determined (for those not discussed readers are referred to an earlier work of the author). Several manuscripts written in England are discussed. A stemma is provided to illustrate these affiliations. An outline of the transmission of the text from antiquity to the sixteenth century is provided.
The γ Family
Authors: Oakley S. P.
Published: June 2023

In chapter 32 scholarship on the textual tradition of the Periegesis is reviewed. Most known manuscripts of the poem are (where possible) localized and their genealogical affiliations are determined (for those not discussed readers are referred to an earlier work of the author). Several manuscripts written in England are discussed. A stemma is provided to illustrate these affiliations. An outline of the transmission of the text from antiquity to the sixteenth century is provided.
The ε Family
Authors: Oakley S. P.
Published: June 2023

In chapter 34 scholarship on the textual tradition of the Periegesis is reviewed. Most known manuscripts of the poem are (where possible) localized and their genealogical affiliations are determined (for those not discussed readers are referred to an earlier work of the author). Several manuscripts written in England are discussed. A stemma is provided to illustrate these affiliations. An outline of the transmission of the text from antiquity to the sixteenth century is provided.
WATCHES 1500–1800
Authors: Thompson David
Published: June 2023

This chapter describes in detail the development of watches throughout Europe from the late fifteenth to the late eighteenth century. It defines what constitutes a watch, and investigates the development of the watch in Germany, France, The Netherlands, and Flanders, as well as England and Switzerland. It covers the influx of Huguenots and their influence on the watchmaking industry. It explains the various advances in mechanisms used, for example, the fusee watch movement, balance spring, duplex escapement, and cases created. Finally, it covers the work of leading makers including Tompion, Graham, Ellicott, Mudge, Arnold, Earnshaw, Quare, and Breguet.
THE QUEST FOR PRECISION
Authors: Betts Jonathan
Published: June 2023

This chapter provides a survey of the development of precision clocks—regulators—for use in astronomical observatories. It describes in detail the need for, and the methods investigated, to obtain an accurate measure of longitude at sea. It covers the exacting work of John Harrison, and explains simply, but in detail, his methods of developing and inventing the standard marine chronometer of the nineteenth century. It discusses how Harrison’s inventions were carried on various voyages, and the trials and tribulation encountered by Harrison in trying to claim his reward due to him according to the Act of Parliament.
DECIMAL TIME
Authors: Turner Anthony
Published: June 2023

This chapter investigates the origins of interest in decimalization in the seventeenth century, together with early suggestions that it should be extended to time measurement. It describes the attempt of the French Revolutionary government to establish a total decimal, metric, system including time measurement and its failure. Decimal measurement in astronomy and geodesy however continued to be favoured during the nineteenth century, and a strong effort was once again made to establish a full metric system including decimal time between about 1890 and the First World War. Although this again failed, a decimal division of very small units of time did become established in scientific use.
PUBLIC CLOCKS IN THE NINETEENTH AND TWENTIETH CENTURIES
Authors: Addomine Marisa
Published: June 2023

This chapter describes the development of the flat-bed turret clock throughout the nineteenth century, covers the advent of interchangeable parts, and the effects on the horological trade of the Industrial Revolution. It also discusses the phenomenon of the Westminster Great clock (and its well-known bell ‘Big Ben’, and sketches in the development of public clockmaking in various regions of Europe. It offers some thoughts on the deontology of public clock restoration and the installation of automatic winding systems, and the effect of these on clocks still extant, as well as the town (and other communities) that they continue to serve.
HOROLOGY VERBALIZED, HOROLOGY VISUALIZED
Authors: Faraday Christina J.
Published: June 2023

Clocks and watches from the late Middle Ages have supplied the subject matter of both literary works and paintings. This chapter surveys the changing representation of horological items through both words and visual means from the fourteenth to the twentieth centuries. It uses examples from artists and writers, and uses the context of time and its portrayal to show the importance of clocks and watches in the collective consciousness of art. It examines both their symbolic and allegorical use through books, paintings, art installations, and films. Finally, it brings together the connection between the ticking clock, the passing of time, and human mortality.
COLLECTING AND WRITING THE HISTORY OF HOROLOGY
Authors: Turner Anthony
Published: June 2023

The chapter offers a historiographical survey of horology showing how the investigation of its past developed from general histories of everyday objects. It discusses how horology became a field of its own from the mid-eighteenth century, thanks to Classical and post-Classical texts made available since the Renaissance. Particular attention is paid to the wide-ranging but never published text of Claude Raillard, while the self-serving ends of other, apparently objective, histories are revealed. The role of collecting in stimulating research into the history of horology is examined, and the integration of material evidence as an essential part of the subject in the course of the twentieth century.
A National Army
Authors: Beckett Ian F. W.
Published: June 2023

With the partial exception of Ireland, it is appropriate to view the ‘long eighteenth century’ as the story of the development of a British as opposed to an English army. This chapter, covering the period, 1702–1815, will discuss such issues as the contribution (or otherwise) of the army and of war to the creation of national and imperial identity, a ‘fiscal-military state’, and industrialization. Increasing public participation in military mobilization also had its impact in political, socio-economic, and cultural terms through the struggles against continental opponents not only in Europe but also in the Americas and Asia. While the focus is on the British army, there will be some acknowledgement of the development of the Indian army and other colonial forces. Campaigns include those of Marlborough and Wellington, with coverage of the War of Spanish Succession, the Seven Years War, the American War of Independence, and the Revolutionary and Napoleonic Wars including the Peninsular War and Waterloo.
The ECB’s Role in the European Banking Union
Authors: Alexander Kern
Published: June 2023

This chapter analyses the institutional and legal framework governing the European Central Bank (ECB)’s responsibility in monetary policy, banking supervision, and resolution. It raises issues concerning the primacy of monetary policy and the price stability mandate and how this can be reconciled with the ECB’s support for the Union’s general economic policies (so-called secondary objectives) and for the discharge of its other responsibilities, including banking supervision, within the Banking Union. The chapter considers the institutional context of the ECB’s role in the Banking Union by analysing its price stability mandate and the importance of its secondary objectives in informing its role as a bank supervisor. It discusses how the ECB carries out its supervisory functions and the need for coordination with national competent authorities (NCAs). It also discusses the Single Resolution Mechanism (SRM), particularly the role of the Single Resolution Board (SRB) in ensuring that banks can be resolved in a centralized and coordinated manner and the role of the ECB in coordinating with the SRB. In this context, the legal and policy issues raised by the ECB’s role are discussed along with the questions it raises concerning the SRB’s effectiveness. The chapter concludes with future challenges facing the Banking Union including the need for further integration in banking markets and the need for the ECB as a supervisor to address emerging risks such as environmental sustainability risks.
The Independence of the ECB
Authors: Thiele Alexander
Published: June 2023

This chapter (re-)examines the issue of the European Central Bank (ECB)’s independence by explaining what justifies this special status of the Bank, and by defining it through its comparison with other central banks’ independence, namely the Bank of England and the American Federal Reserve as these central banks all enjoy an independence that takes different forms and exists to a varying degree. It also lays out to what extent the ECB’s independence may have been and continues to be threatened as a result of the various crises the Bank has had to fight over the past decade. This chapter still finds that, overall, the ECB’s independence has not been significantly affected. However, it concludes by asking whether such strong independent status should not be amended considering the fact that the ECB is thinking about getting involved in the overall (political) fight against climate change.
Gripe Sites and Trademark User Rights
Authors: Craig Carys J.
Published: June 2023

This chapter takes aim at a troubling trademark case in which a consumer’s non-commercial parody was held to infringe the rights of a registered trademark owner. Canada’s Cooperstock case is presented as a paradigmatic example—and cautionary tale—of what can happen when trademark owners’ rights are overprotected, users’ rights are disregarded, and trademark limits are irresolutely drawn. From overly expansive conceptions of trademark use to tenuous claims of confusion, and from dubious dilution claims to a total disregard for free expression, the chapter will explore how the plaintiff trademark owner was able to prevail at every turn. It will then draw some important lessons from the ruling. The first lesson is that trademark law requires explicit statutory exceptions, ideally in the form of a general fair-use defense, to circumscribe the reach of trademark rights. The second lesson is that such limits and exceptions need to be recognized as user rights (as they have been in Canadian copyright jurisprudence) if they are to be an effective counterbalance against owners’ rights. But the third lesson is that what is really required—in Canada and elsewhere—is a departure from the proprietary logic that portrays trademark rights as intellectual property not to be trespassed upon. If the trademark system is to permit expressive uses of protected trade symbols (whether parodic, satirical, critical, or nominative), the infringement analysis must be reoriented away from proprietary entitlement and toward a concern with the communicative and dialogic nature of marks.
Fame, Parody, and Policing in Trademark Law
Authors: Lemley Mark A.
Published: June 2023

Trademark owners regularly overreach. They often threaten or sue people they have no business suing, including satirists, parodists, non-commercial users, and gripe sites. When they do, they often justify their aggressive legal conduct by pointing to the need to protect their trademarks by policing infringement. Courts have in fact indicated at various points that policing is, if not strictly necessary, at least a way to strengthen a mark. But courts have never held that efforts to block speech-related uses are necessary or even helpful in obtaining a strong mark. Several scholars have accordingly argued that overzealous policing is unnecessary, that it has harmful effects, and that we ought to punish it. But trademark owners continue to do it, in part because it is largely (though not completely) costless and because if there is even a chance a failure to police will cost you your trademark you won’t want to take the chance. So trademark law currently not only doesn’t prevent overreaching; it affirmatively encourages it. In this chapter, I suggest a way that we can align trademark owner enforcement incentives with good public policy. The presence of unauthorized parodies, satires, and complaint sites involving a mark should be evidence of the fame of the mark, and perhaps even a requirement for status as a famous mark. Taking this approach would be consistent with what we know about how society interacts with trademarks. Famous marks become part of a social conversation in a way that ordinary marks don’t. My approach has empirical support: the best-known brands draw more parodies and criticism sites than non-famous marks, and those parodies don’t interfere with the fame of the mark. And it would give trademark owners an affirmative reason to leave critics, satirists, and parodists alone.
Safeguarding Freedom of Artistic Expression in the European Union
Authors: Senftleben Martin
Published: June 2023

E.U. trademark law sets forth a peculiar rule for assessing whether use of trademarks in an artistic context constitutes permissible fair use. For artistic use to be deemed noninfringing, it must comply with honest practices in industrial and commercial matters. While the introduction of a fairness rule for artistic expression is a positive development, the alignment of the assessment with behavioral standards in industry and commerce poses a threat to art autonomy. The moment artists are bound to follow industrial and commercial dictates, behavioral norms of trade and commerce may erode the independence of the literary and artistic field. Replicating standard confusion and dilution criteria in the honest practices analysis, CJEU jurisprudence enhances this risk. As the status quo is inacceptable in the light of freedom of expression and freedom of the arts, it is advisable to introduce a bias in favor of artists: a legal presumption of fair use. Court decisions on both sides of the Atlantic offer support for this solution and pave the way for an honest practices test that safeguards independent, artistic expression.
Reimagining Trademark Exhaustion
Authors: Handler Michael
Published: June 2023

Despite the strong economic case in favor of liberal trademark exhaustion rules, both the parallel importation of legitimate trade marked goods, and the sale of secondhand trademarked goods, have come to be treated with skepticism in legislatures and courts around the world. Given how restrictive most jurisdictions’ laws on exhaustion have become, it is important to consider whether there are other ways WTO members could approach exhaustion and, if so, what a model for reform might look like. In this regard, it is highly instructive to look at recent developments in Australia, whose new trademark exhaustion rules came into effect in August 2018. This chapter provides context for the new Australian laws, showing that while Australia, over the course of the twentieth century, had come to recognize the benefits of facilitating the parallel importation of legitimate goods, an overly restrictive approach had come to be taken by the legislature and courts. It then offers a detailed examination of the liberal new position adopted in Australia, analyzing its scope by reference to the more restrictive pre-2018 case law, and showing how it operates more favorably to importers and retailers of trademarked goods than any other set of exhaustion rules in the world. It also shows how the Australian approach is underpinned by different ways of thinking about exhaustion—namely, as to the proper scope of registered owners’ rights, as to what sort of conduct by importers and owners we want to incentivize, and as to how risk should be allocated between such parties—and, accordingly, might prompt a broader reconsideration of whether exhaustion rules in other jurisdictions should be liberalized.
Trademark Parody under Japanese Trademark Law
Authors: Rademacher Christoph , Carapeto Roberto
Published: June 2023

Trademark parodies are not a particularly new phenomenon, though with the continued development of digital marketing and e-commerce, the relevance of this discussion has been growing on a global scale. One noticeable trend is that well-known international brands have become the target of “regional” or “domestic” parodies. Consumers usually see trademark parodies as fun marketing tools that evoke a lighthearted and cheerful image of a well-known mark. Of course, trademark owners attempt to maintain a high degree of protection regarding their marks around the world; they usually look at parodies differently and are concerned about the potential consumer confusion or trademark dilution that parodies might cause. Like other major jurisdictions, Japan has been the venue for a number of trademark parody disputes. This chapter highlights the two main problems noted in the growing body of Japanese case law. First, courts seem to have embarked on developing a somewhat inconsistent substantive standard. Second, in the context of parodies, the Japanese trademark community seems to commingle registration with infringement. This chapter reviews the underlying provisions of Japanese trademark law and connects the dots between the most significant trademark parody decisions made by Japanese courts and the Japan Patent Office (JPO).
Human Action as the Effect of Two Causes
Authors: Kohl Markus
Published: June 2023

This chapter examines the complications arising from Kant’s view that human actions can be regarded as effects of two different types of causes, namely, of empirical causes that are naturally determined and of noumenal causes that are free from natural determination. For Kant, we can legitimately regard the empirical causes that determine our spatiotemporal actions as causally dependent on our free noumenal causality. The chapter shows how this idea fits into Kant’s transcendental idealism and what cognitive status it has in light of the general interpretive framework developed in Chapter I. It further examines how Kant’s concession that our empirically determined actions are (in principle) predictable accords with his libertarian conception of human freedom. In this context, it emerges that and why Kant’s doctrine of freedom does not imply (contrary to what some commentators suggest) the fatalistic claim that our (empirical or noumenal) moral character is unalterably fixed.
Legislative Freedom and Kant’s Genealogical Anxiety
Authors: Kohl Markus
Published: June 2023

This chapter examines the first consideration supporting Kant’s stance that human freedom of will is incompatible with the causality of nature: if our will as practical reason were exclusively conditioned by natural causes, then our moral ideas and judgments would lack the lawful a priori (normative) necessity that is integral to our moral self-conception. The chapter reconstructs Kant’s arguments for this view and considers how these arguments relate to contemporary evolutionary debunking arguments. It also examines how Kant could respond to various objections, such as the claim that those who assess the validity of a judgment in terms of its origin commit the so-called genetic fallacy. The chapter draws on Nietzsche’s philosophy to illustrate why genetic considerations are highly relevant for determining the validity of our moral judgments.
Kant’s Free Thinker
Authors: Kohl Markus
Published: June 2023

This chapter argues that Kant’s conception of noumenal freedom or absolute spontaneity is not confined to the practical faculty of will but also applies to our theoretical intellect. Far from being thinking mechanisms, we exercise absolute freedom of thought and intellectual autonomy in cognitive actions such as, paradigmatically, empirical judgments about the natural world. The chapter shows that Kant’s account of epistemic freedom avoids doxastic voluntarism: transcendentally free cognitive actions do not stand under the immediate control of the will. Freedom of thought is a distinctive species of transcendental freedom that differs from freedom of will in various ways: most importantly, our free understanding lacks what Kant calls “true causality” since it produces only representations of objects rather than objects corresponding to our representations. By resolving various textual puzzles and seeming conflicts between the two editions of the first Critique, the chapter demonstrates that Kant did not (contrary to what some commentators suggest) abandon his view that we possess absolute freedom of thought in the late 1780s.
Rationality and Belief
Authors: Wedgwood Ralph
Published: June 2023

This book gives a general theory of rational belief. Although it can be read by itself, it is a sequel to the author’s previous book, The Value of Rationality (Oxford, 2017). It takes the general conception of rationality that was developed in that earlier book and combines it with an account of the varieties of belief, and of what it is for these beliefs to count as “correct”, to provide an account of what it is for beliefs to count as rational. According to this account, rationality comes in degrees: the degree to which a belief-system counts as rational is determined by its distance from a corresponding probability function—where this distance is measured by those beliefs’ “expected degree of incorrectness” according to the probability function; the account also explains what determines exactly which probability function plays this role in each case. In developing and defending this account, light is shed on several central epistemological issues. These issues include: the distinction between propositional and doxastic justification; the debates between internalism and externalism, and between foundationalism and coherentism; the relationship between credences, full belief, inference, and suspension of judgment; the kind of possibility that is presupposed by the relevant sort of probability; and whether rationality is “diachronic”—so that the beliefs that it is rational for us to have now depend, in part, on the beliefs that we held in the past.
Holistic Coherence with the Given
Authors: Wedgwood Ralph
Published: June 2023

Chapter 3 clarifies some structural features of the framework within which the account of rational belief will be developed. First, a broadly “holistic” view of rational belief is defended, according to which the fundamental items that are rational to some degree or other are entire belief-systems that the thinker might have at the time—rather than the beliefs or doxastic attitudes that the thinker might have in any individual proposition. Secondly, it is argued that, given our other assumptions, this kind of holism commits us to the view that rationality fundamentally consists in holistic coherence with the “given”. This view is defended against a number of objections. Finally, it is argued that we can make sense of coherence over time, as well as coherence at a time, and that this is all that we need to make sense of how we can evaluate mental processes or transitions, such as belief revisions (as well as mental states, such as beliefs and other attitudes).
Epistemic Necessity
Authors: Wedgwood Ralph
Published: June 2023

Chapter 11 is the first of three chapters devoted to investigating the principles that explain how the facts about the internal mental states that are “given” to the thinker at the time determine what the “rational probability” function is for each case that is available to the thinker at the time. Specifically, this chapter focuses on two features of this probability function: (a) the field of propositions and (b) the space of possible worlds that the probability function is defined over. To play the role that our account assigns to this rational probability function, the field of propositions must include all propositions that are built up out of concepts that the thinker possesses. The space of possible worlds must consist of all and only those worlds that are, in a sense that is explained, epistemically possible for the thinker in the case.
Synchronic Constraints
Authors: Wedgwood Ralph
Published: June 2023

Chapter 12 is the first of two chapters devoted to exploring the further constraints that must be met by all probability functions in the set that constitutes the opinions that the “evaluating angel” has about the world. Specifically, this chapter investigates whether there are further synchronic constraints on which probability functions are in this set—that is, constraints that are based on the mental states that are in the thinker’s mind at the very time in question—over and above the first two features of the probability functions that were explored in the previous chapter. Some reasons are given for doubting the idea of a special privileged Ur-prior probability function, of the sort that is appealed to in Timothy Williamson’s idea of “evidential probability”. It is tentatively suggested that these synchronic constraints include certain further principles, such as the so-called “Principal Principle”. However, it is argued in conclusion that these synchronic constraints are not enough: there must also be diachronic constraints on which probability functions are in the set that represents the opinions of the “evaluating angel”.
The Great Questions of Epistemology
Authors: Wedgwood Ralph
Published: June 2023

Chapter 14 is an epilogue—a sketch of how the author’s theory of rational belief can address the remaining great questions of epistemology. First, this theory can give an account of the significance of inference—including non-deductive inference as well as deductive inference; it can also explain how non-deductive inferences are defeasible—allowing for a version of the distinction between “rebutting” and “undercutting” defeaters. Secondly, the theory can give an account of the significance of beliefs—like perceptual beliefs—that endorse the contents of non-doxastic mental states like sensory experiences and episodic memories. Thirdly, the theory can be developed to explain what is wrong with the most challenging arguments for radical scepticism. Finally, the theory can be developed to give an analysis of knowledge—what has elsewhere been called the “internalist virtue theory of knowledge”.
From Princes to Paupers
Authors: Pert Thomas
Published: June 2023

This chapter provides an introduction to the Electorate of the Palatinate and its ruling dynasty and examines how they found themselves in the position of landless exiles and how the ‘Palatine Question’ became one of the most important issues of the entire Thirty Years’ War. After establishing the political significance of Elector Frederick V of the Palatinate both within and outside of the Holy Roman Empire, the chapter covers his part in the early stages of the Thirty Years’ War and the Bohemian Revolt, and how he became the exiled ‘Winter King’ with his wife and children forced to seek sanctuary at The Hague. The remainder of the chapter examines the first twelve years of the Palatine Family’s exile, looking at how they attempted to use diplomacy and their dynastic connections to obtain military, financial, and political backing from other European rulers for a restoration of Frederick’s lands and titles until his death in November 1632.
The Palatine Family
Authors: Pert Thomas
Published: June 2023

This chapter examines the broad policy objectives pursued by the exiled Palatine Family following the death of Elector Frederick V in November 1632, and identifies the key figures who directed the strategy of the dispossessed dynasty throughout the second half of the Thirty Years’ War. As numerous offers of restitution were rejected during the 1630s and 1640s, the chapter will evaluate the significance of financial and territorial considerations as well as less tangible factors such as prestige and public image which influenced the actions of dispossessed rulers in early modern Europe. This chapter also investigates the contributions of members of the Palatine Family themselves, counsellors who joined them in exile, as well as ‘foreign’ benefactors and advisers in devising the military and diplomatic ventures undertaken for the ‘Palatine Cause’. In particular, this chapter will assess the role played by Frederick’s widow, Elizabeth Stuart the ‘Winter Queen’ of Bohemia, and address the extent to which she and other widow-regents in the early modern Europe were able to engage in diplomacy and exercise political influence.
The Elector Palatine and the British Civil Wars, c.1642–1649
Authors: Pert Thomas
Published: June 2023

This chapter addresses the transnational nature of exile for exiled regimes and rulers in early modern Europe by examining the involvement of the Palatine Family during the British Civil Wars between 1642 and 1649. Charles Louis’s adherence to the English Parliament against his uncle and brothers, as well as his time spent in London between 1644 and 1649, will be studied within the wider context of Europe during the Thirty Years’ War. The chapter will demonstrate that Charles Louis’s actions and allegiance were determined by short-term developments in the conflicts on both sides of the English Channel and his need to promote his family’s cause at the Westphalian peace negotiations. In doing so, this chapter will also determine how the extent of support for the ‘Palatine Cause’ in England had changed by the mid-1640s, providing a valuable insight into the experiences of long-term exiled rulers and dynasties.
The Palatinate and the Westphalian Peace Negotiations
Authors: Pert Thomas
Published: June 2023

This chapter studies the involvement of the Palatine family during the negotiations resulting in the Peace of Westphalia which brought the Thirty Years’ War to an end in 1648. The chapter will identify the difficulties faced by Charles Louis’s representatives at the peace congress and assess the ways in which they sought to attract support for their master’s restoration. In addition to being an overview of the negotiations regarding the ‘Palatine Question’ and the bargaining positions of various powers, this chapter will address the problems faced by noble dynastic exiles in attempting to procure their restitution at the negotiating table. The final section of the chapter also provides an overview of the final peace terms and the reaction of the Palatine Family to the negotiations and articles which facilitated their partial restoration, as well as a reassessment of the traditional view of the Peace of Westphalia as a failure for the Palatine Family.
Happily Ever After?
Authors: Pert Thomas
Published: June 2023

This chapter examines the legacy of the Thirty Years’ War on the newly restored Palatine family. By investigating how Charles Louis attempted to rebuild his devastated and reduced territory, and how this led to conflict with his mother, siblings, and extended family over lands and money, the chapter will address how experiences of exile could be felt by restored regimes in early modern Europe long after restitution had been obtained. Although the ‘Palatine Question’ was largely solved by the Peace of Westphalia, this chapter demonstrates that several integral issues relating to ceremony and sovereignty persisted into the 1650s and beyond. The chapter will also investigate the importance of dynastic connections for exiled ruling houses by examining the role-reversal of the recently restored and newly exiled Palatine and Stuart dynasties, and the extent to which Charles Louis was willing and able to support his dispossessed cousins.
Contemporary Corruption-curbing Tools
Authors: Brock Gillian
Published: June 2023

This chapter examines some of the international law, policy, and initiatives that have been developed to take account of the empirical knowledge canvassed in Chapter 4. Pre-eminent among those tools is the United Nations Convention Against Corruption (UNCAC), the most comprehensive agreement that guides international and domestic anti-corruption efforts. It outlines a clear set of state obligations and provides important mechanisms for holding state parties to account for their performance with respect to the requirements of UNCAC. Another large real-world policy area that has been making significant corruption-curbing progress is that of Multi-stakeholder Initiatives. The chapter outlines the original prominent initiative, one that developed to take account of high levels of corruption in the lucrative extractive industries and another that covers the construction sector, another area often plagued by rampant corruption. The chapter analyses where the corruption risks lie. Once we understand the kinds of risks involved at each stage, we can appreciate why the Multi-stakeholder Initiative that operates in their respective sectors are credible mechanisms for controlling corruption. As a combination, Chapters 4 and 5 show that there are some impressive real world frameworks that we should support.
Justifying Private Law
Authors: Jiménez Felipe
Published: June 2023

Contemporary private law theory is centrally concerned with the justification of private law. This chapter probes what it means to offer such a justification and defends a particular conception of it. This conception attempts to overcome the limitations of both a too stringent formalist commitment to the internal conceptual architecture of private law and a too quick instrumentalist tendency to ignore the distinctiveness of private law. Under the conception articulated by the chapter, private law theory ought to assume the burden of justifying private law not just to private lawyers, but to reasonable people in general, while at the same time taking seriously the distinctiveness of private law reasoning as a characteristic set of practices, habits, and patterns of practical reasoning. This requires a serious engagement with the internal discourse of private law reasoning as the object that ought to be justified by private law theories. That justification, in turn, requires translating the technical conceptual discourse of private law into values and goods that can be recognized as such by ordinary people.
Two Standards of Repair
Authors: Encarnacion Erik
Published: June 2023

Compensatory damages are often understood through the lens of repair. Tort theorists differ about what the fundamental object of repair should be—for example, bodies, property, interpersonal relationships, normative relationships, or something else. But repair can also be distinguished by the applicable standard of repair governing it—that is, which of several reparative ideals should govern an object’s repair. Courts typically presuppose a restorative standard, which seeks to undo destructive forces as though they never happened. But this chapter argues that an overlooked standard—that is, resilient repair—appears in ordinary thinking about how to appropriately respond to setbacks. Roughly, this ideal encourages repair that makes its object in some meaningful way better than before a given setback, without seeking to erase all evidence of past injuries. After explaining the ideal and its normative underpinnings, this chapter offers resilient repair as an evaluative resource to help us rethink compensatory damages. To illustrate the ideal’s utility, this chapter argues that resilient repair allows us to reinterpret hedonic damages in the face of otherwise withering criticisms, including the objection that hedonic damages denigrate disabled persons. Although more might be said for and against understanding tort law through the lens of resilient repair, this chapter aims to generate interest in an ideal of resilience for evaluating private law.