bluuebunny/crossref_metadata_2025 huggingface dataset:
Freedom of Religion in Mendelssohn and Kant
Authors: Guyer Paul
Published: July 2020

This chapter compares the two philosophers’ great arguments for separation of church and state. Mendelssohn’s argument is contained in Part I of his 1783 Jerusalem. He holds that the state and any church employ two different means to the same end, human happiness, and that the state’s coercive methods have no place in religious practice. His argument is based on the religious premise that God is pleased only by the free rather than forced convictions of humans. Kant does not treat the separation of church and state in his 1793 Religion at all, because for him religious liberty is an immediate consequence of every human’s innate right to freedom, which is both the objective but also the limit of all state power. Religious liberty can therefore be treated from a purely political point of view, as Kant does in his 1797 Doctrine of Right.
Judaism, Christianity, and the Religion of Pure Reason
Authors: Guyer Paul
Published: July 2020

This chapter reads Kant’s Religion as a response to Part II of Mendelssohn’s Jerusalem. Mendelssohn had argued that different peoples can have different ways of practicing the common religion of reason, and that the commandments of Judaism are intended only as occasions for reflection, valid for Jews, on these truths, while other religions can get at them in different ways. In the first two parts of his Religion, Kant argued that the central ideas of Christianity are uniquely well-suited as symbols of the religion of reason, and he further argued in Part III of the book that morality requires a single church of practitioners. However, he then argued that this church must be “invisible” and ultimately transcend all scriptural religion. Mendelssohn’s insistence on the acceptance of religious diversity seems more plausible than Kant’s confidence in the ultimate transcendence of all visible churches.
Introduction
Authors: Wessling Jordan
Published: July 2020

This Introduction sets forth the structure of Love Divine: A Systematic Account of God’s Love for Humanity and places this book within its wider academic context. An overview of the book’s chapters is provided and it is explained how these chapters constitute an attempt to trace certain foundational issues related to God’s love, specifically as that love concerns the creation, redemption, and deification of humans. In addition, two general features of the contemporary academic landscape are highlighted, one philosophical the other theological, in the effort to underscore ways in which the present book on God’s love for humans speaks to and potentially enhances current discussions in theology and the philosophy of religion.
God’s Affective Love
Authors: Wessling Jordan
Published: July 2020

Much of the difference between advocates of divine impassibility and divine passibility centres upon the supposed value of suffering in compassion. Proponents of divine impassibility typically maintain that because suffering is not intrinsically valuable, compassionate suffering need not be predicated to God. Supporters of divine passibility are perhaps unanimous in the affirmation of an opposing conclusion. For them, suffering-compassion is a way in which God identifies with His creatures deeply, a manner of identification that is valuable in itself, notwithstanding the negativity of the suffering involved. In this chapter, a defence of this passibilist value claim is presented. Additionally, as a secondary aim, this chapter underscores one value-based reason for expanding the value account of God’s love defended in Chapter 2 to include a comprehensive set of divine emotions.
The Scope of God’s Love
Authors: Wessling Jordan
Published: July 2020

Chapter 5 concerns the scope of God’s love, specifically the scope of what might be labelled God’s supreme love: a love that values and seeks an individual’s supreme or highest good. Contrary to a tradition that stretches back to the early Western Church, it is argued that God possesses supreme love for each and every human being, and is thereby not limited to a select few. The universal scope of God’s supreme love, it is maintained, flows naturally from the value account of divine love defended in Chapter 2, especially when that account is spelled out in terms of God’s maximal perfection.
Built Words
Authors: Pollard Natalie
Published: July 2020

Chapter 2 explores the hybrid poetry and artwork of David Jones, a figure often identified as late modernist. With close attention to the interplay of word and image in The Anathemata (1952), it analyses Jones’s use of illustration and inscription, divine and human embodiment, and vulnerable built and printed material—especially his depiction of crumbling theological structures, Greek and Roman statues, and medieval city fortifications. Focusing on the colloquy of material across forms, this chapter shows how columns and stone structures in Jones’s poetry propel audiences between word and matter, demanding new modes of corporeal reading engagement. It also considers the architecture of the page, and the design models that inform the late modernist text’s inscriptions, words, and images.
Moving Statues
Authors: Pollard Natalie
Published: July 2020

Chapter 3 focuses on patronage, passivity, and the politics of poetic reception in the mid-twentieth-century work of F.T. Prince. It examines the motives for his trans-historical engagement with Michelangelo’s sculpture and poetry, and allies the motifs of stasis and the statue that comes to life with the condition of being roused from (readerly) repose. Re-awakening his forebear’s material, Prince’s lyric forms are closely attuned to the politics and economics of the situated, commissioned (and compromised) cultural work, even as it emphasizes how the neglected statue, dormant artistic legacy, or underappreciated poem can be transformed in a new era, for a fresh audience. Chapter 3 both examines the negotiations at play in contemporary reactivations of earlier models of commission and reception, resistance and slumber, and considers the ethics of the quietly fugitive provocation in the twentieth-century poetry industry.
Contexts (I)
Authors: Scholar John
Published: July 2020

Chapter 2 begins the book’s intellectual history of the impression from the seventeenth century to the twentieth (which continues in Chapter 3). These contexts come from two movements, empiricism and aestheticism. Chapter 2 explores empiricist contexts, arguing that James’s impression owes much to empiricist philosophy (John Locke, David Hume), and nineteenth-century empiricist psychology (James Mill, J. S. Mill, Franz Brentano, Ernst Mach, William James). By tracking the word ‘impression’, we can see that Locke and Hume’s stress on first-hand observation, and on thought as a kind of perception, are contexts for James’s conception of the imaginative but observant novelist, for the epistemological demands he makes on his readers, and for the way he represents his characters’ consciousnesses, especially in recognition scenes. Nineteenth-century empiricists’ divergence as to the agency of the subject in consciousness is reflected in James’s characters whose impressions by turns assault them from the exterior, or are partly fictions of their own making.
Contexts (II)
Authors: Scholar John
Published: July 2020

Chapter 3, continuing Chapter 2’s intellectual history of the impression, begins by exploring British aestheticism and its roots in Kant and romanticism (Walter Pater, Oscar Wilde, Immanuel Kant, Samuel Taylor Coleridge, William Wordsworth). It then turns to twentieth-century theories of performativity, which, it argues, combine elements of the empiricist and the aesthetic (J. L. Austin, Jacques Derrida, Paul de Man, Judith Butler, J. Hillis Miller). James followed Pater in resurrecting the ‘impression’. Pater found in Hume’s impression a role for the imagination at the heart of consciousness. But the interpretive excesses of James’s protagonists’ cognitive impressions must also be understood alongside the more flamboyant aestheticism of Pater’s disciple Wilde, and his ‘critic as artist’. The most active of James’s impressions, however, are performative: they are impressions made, not received. Performativity helps frame an account of the impression that encompasses both the receiving and making of impressions, and the confusion between the two.
James’s Late Theory of the Impression
Authors: Scholar John
Published: July 2020

Chapter 4 explores the theoretical uses to which James puts the impression in the prefaces to the collected New York Edition of his work (1907–9). It serves as a preface in its own right to the final three chapters of the book, in which James’s fictional treatment of the impression in the three celebrated novels of the major phase is examined. James’s impression uneasily accommodates both empiricism and aestheticism. What James does with these uneasy accommodations is to make them the narrative focus of his late novels and, in the prefaces, to theorize the novels’ interest in these terms. The novel is still an impression, then, but of a different kind: thanks to James’s increasing use of restricted point of view, it is now, first and foremost, the impression of an individual character which lies at the heart of the novelist’s drama of consciousness.
Impressions Received in The Ambassadors
Authors: Scholar John
Published: July 2020

Chapter 5 looks at The Ambassadors, arguing that its protagonist Lambert Strether’s impression is at different times empiricist (a means for him to discover the truth) and aesthetic (a means for him to appreciate beauty for its own sake). In its empiricist guise, Strether’s impression helps him to glimpse what is taking place behind the deceptive surfaces of Paris, behind the performative impressions engineered by Chad Newsome and Madame de Vionnet to disguise their sexual relationship: it helps him to discover facts and make moral judgements. By contrast, aesthetic impressions, including those confected for him by the lovers, help him to ‘live’, to make the most of life by imaginatively augmenting it, by offering him a fuller appreciation of the moment or a beautiful memento of it. The impression, then, lies at the fraught intersection of the aesthetic freedom of the imagination and the empiricist exigencies of experience.
Impressions Made in The Wings of the Dove
Authors: Scholar John
Published: July 2020

Chapter 6 looks at James’s next novel, The Wings of the Dove. It argues that Milly Theale is a dupe, like Strether, deceived by her friends, Kate Croy and Merton Densher, who deploy performative impressions to conceal their secret love affair. Unlike Strether, however, Milly realizes impressions involve the collaboration of impressor and impressee and that these roles may be reversed. With this knowledge, she learns to make impressions, which scupper the plot against her by making Densher fall in love with her, hence making real what had previously been feigned. Milly begins as a critic of the lovers’ artful deception, but in the end she becomes an artist in her own right. Her most performative impressions refute the truth uncovered by her recognition, when she is told of the plot against her, and adhere so tenaciously to the aesthetic surfaces she has created that they fashion a new reality.
Impressions New and Used in The Golden Bowl
Authors: Scholar John
Published: July 2020

Chapter 7 acts in part as a conclusion. It shows how The Golden Bowl not only codifies but also extends the impressions of the previous two novels. Maggie Verver uses cognitive impressions to discover that her husband, Prince Amerigo, is unfaithful. She then uses performative impressions to manipulate him. Like Milly Theale, then, she employs impressions as both critic and artist. Again, like those of Milly, her performative impressions refute empiricist recognition by adhering so tenaciously to deceptive, aesthetic surfaces that they become a reality. But, unlike Milly, Maggie is always aware of the depth she glimpses through recognition, and so does not become seduced by the surfaces of her own impressions: she manipulates them in a pragmatist manner, not to create a brittle artefact, like Densher’s love for Milly’s memory, but to save her marriage. Unlike in the previous two novels, Maggie’s performative impressions impose a composition that is both moral and aesthetic.
Bargained Justice
Authors: Weale Albert
Published: July 2020

Gauthier’s Morals by Agreement assumes a laissez-faire original position, in which there is a perfectly competitive market where the equilibrium of individual choices is also economically optimal. Individuals are non-tuistically motivated and their reasoning is agent-relative. However, with externalities, optimality and equilibrium come apart and individuals have to be able to cooperate jointly with one another if their separate interests are to be advanced. Gauthier uses the theory of two-person positive sum bargaining to define the principles upon which the surplus secured by cooperative action is to be allocated. Gauthier’s own proposed formula for resolving the bargaining problem has been effectively criticized. However, his solution is more vulnerable to its assumption that the whole of the factor rent from labour should be included in the social surplus, and well as his neglect of Coase type solutions to the problem of externalities. In respect of public goods, his general theory would also suggest the adoption of Wicksellian taxes. However, his assumption that bargains based on non-tuistic motives can yield a theory of justice is defended.
Decent Reasoning
Authors: Weale Albert
Published: July 2020

For much of his professional career, Barry was not a contract theorist, and he relies on a number of elements from Scanlon’s construction. His general approach is built on a distinction he sees in theories of justice between those that rely on the idea that justice is agreement to mutual advantage and those that rely on the idea that justice is a matter of impartiality. His own theory is impartialist, but dispenses with the device of the veil of ignorance. Instead the contracting parties are assumed to reason with one another about the constitutional terms of their association, and all are allowed to veto proposals if those proposals and unreasonable. Unreasonable proposals are those that fail the test of avoiding absolute deprivation, relative deprivation, or failing to make provision for public goods. His anticipated theory of economic justice never materialized, and his derivation of a Rawlsian difference principle is only partially successful. However, it is possible to use the practical syllogism in a Barry set-up to derive a case for social insurance. More importantly, his principle contribution to social contract theory is his sketch of the empirical method, a method on which the future of social contract theory can be built.
Grounding Obligations
Authors: Weale Albert
Published: July 2020

Grice has been an unjustly neglected thinker. His version of contract theory offers a distinctive approach combining deliberative rationality with a non-moralized conception of motivation. He is particularly noteworthy for his early attempt to distinguish motive and reason. His attempt to ground moral reasoning is presented as part of a general scheme of reasoning in which there are different forms of reasons: prudential; obligatory; and super-obligatory. Each depends on how human interests and goals are understood. There are some particular difficulties with his theory. However, the principal difficulty is that, in order to derive a general ground of obligation, he has to assume that reasons are intrinsically agent-neutral, having universal scope, and there is no reason to think this thesis true. There can be agent-relative reasons, and Grice does not provide us with an argument to move beyond those.
A Method of Ethics?
Authors: Weale Albert
Published: July 2020

Modern social contract theory is a form of constructivism in ethics. Constructivism is both a normative programme and a meta-ethical programme. One objection to contract theory is that it is a ‘spare wheel’, adding nothing to first-order ethical argument. However, this line of argument runs up against the problem that there are certain practices, for example rape in marriage, that are better understood in terms of contractual morality than in terms of intuitive or common sense morality. Contract theory cannot be fully reductionist in a meta-ethical sense, because the theorist needs some intuitions to define an appropriate construction. One important role for contract theory is to evidence the social conditions for relations of justice among persons. Moreover, contract theory can sometimes be presented as though the theoretical construction is rigged, but this is a distortion of constructivist ambitions. Universalizability remains a challenge, as does the question of the determinateness of the results of contract reasoning.
Visions and Faces of the Tragic
Authors: Blowers Paul M.
Published: July 2020

Despite the pervasive early Christian repudiation of pagan theatrical art, especially prior to Constantine, this monograph demonstrates the increasing attention of late-ancient Christian authors to the genre of tragedy as a basis to explore the complexities of human finitude, suffering, and mortality in relation to the wisdom, justice, and providence of God. The book argues that various Christian writers, particularly in the post-Constantinian era, were keenly devoted to the mimesis, or imaginative re-presentation, of the tragic dimension of creaturely existence more than with simply mimicking the poetics of the classical tragedians. It analyzes a whole array of hermeneutical, literary, and rhetorical manifestations of “tragical mimesis” in early Christian writing, which, capitalizing on the elements of tragedy already perceptible in biblical revelation, aspired to deepen and edify Christian engagement with multiform evil and with the extreme vicissitudes of historical existence. Christian tragical mimetics included not only interpreting (and often amplifying) the Bible’s own tragedies for contemporary audiences, but also developing models of the Christian self as a tragic self, revamping the Christian moral conscience as a tragical conscience, and cultivating a distinctively Christian tragical pathos. The study culminates in an extended consideration of the theological intelligence and accountability of “tragical vision” and tragical mimesis in early Christianity, and the unique role of the theological virtue of hope in its repertoire of tragical emotions.
Clean Bodies
Authors: North Susan
Published: July 2020

Early modern English medical books are full of advice about cleanliness of the skin, the subject of Chapter 4. It was considered vital for the survival of infants and insisted upon in books dedicated to childcare. Babies needed washing and/or bathing with every change of their nappy/diaper. Surgeons, responsible for the external health of the body, also recommended regular washing of the skin. Washing performed the necessary function of removing sweat, a form of excretion, as well as preventing and treating skin ailments such as the itch, morphew, and scabies. Bathing was considered a particularly effective method of cleaning the skin and the literature on this subject is examined and reassessed.
Wearing Linens
Authors: North Susan
Published: July 2020

Chapter 5 begins the exploration of the material culture of clean bodies and clothes in early modern England. What were the ‘linens’ that doctors and moralists insisted must be clean? Linen clothing comprised two main groups: the visible and the invisible. The latter were linen undergarments—shirts, shifts, stockings, and drawers—requiring regular changing but remaining unseen when a person was fully dressed. Accessories worn on the head, around the neck, and at the wrists were the visible linens. Part of fashionable dress in a variety of forms, they were the outward sign that propriety was being observed and maintained. The relationship of visible and invisible linens to prevailing styles of dress is examined and how they changed according to fashion during the early modern period.
Writing About Animals in the Age of Revolution
Authors: Spencer Jane
Published: July 2020

This book argues that shifting attitudes to nonhuman animals in eighteenth-century Britain affected the emergence of radical political claims based on the concept of universal human rights. It examines a tension in 1790s radicalism between the anthropocentrism of the concept of the ‘rights of man’, and the challenge to human exceptionalism entailed by attempts to extend benevolent consideration to nonhuman animals. The development of a naturalistic and sympathetic literature of animal subjectivity is traced with particular attention to the innovatory representation of nonhuman animal perspectives within children’s literature. The study explores the complex relationship between animal representation and claims for human rights through an investigation of writing by and about four overlapping human groups—children, women, slaves, and the lower classes—whose social subordination was grounded in their cultural construction as less than fully human. Emancipatory movements of political reform, abolition, and feminism, and the animal representations produced within those movements, were affected by the varying forms of animalization applied to each oppressed group. A final chapter considers the legacy of 1790s animal rights discourses in the early-nineteenth-century campaign for anti-cruelty legislation. The book’s many literary animals include the ass, ambiguous emblem of sympathetic animal writing; the great ape or ‘orang-outang’, central to racist discourse; and the pig, adopted by 1790s radicals to signify their rebellion. Writers considered include Sterne, Coleridge, Southey, Wordsworth, Clare, Wollstonecraft, Barbauld, Hays, Mary Robinson, Equiano, Sancho, Cugoano, Clarkson, Thomas Spence, Daniel Isaac Eaton, John Oswald, Joseph Ritson, Thomas Erskine, and John Lawrence.
Reading English Verse in Manuscript c.1350-c.1500
Authors: Sawyer Daniel
Published: July 2020

This volume offers the first book-length history of reading for Middle English poetry. Drawing on evidence from more than 450 manuscripts, it examines readers’ choices of material, their movements into and through books, their physical handling of poetry, and their attitudes to rhyme. It provides new knowledge about the poems of known writers such as Geoffrey Chaucer, John Lydgate, and Thomas Hoccleve by examining their transmission and reception together with a much larger mass of anonymous English poetry, including the most successful English poem before print, The Prick of Conscience. The evidence considered ranges from the weights and shapes of manuscripts to the intricate details of different stanza forms, and the chapters develop new methods which bring such seemingly disparate bodies of evidence into productive conversation with each other. Ultimately, this book shows how the reading of English verse in this period was bound up with a set of habitual but pervasive formalist concerns, which were negotiated through the layered agencies of poets, book producers, and other readers.
Choice, Will, and Freedom
Authors: Løgstrup K. E. , van Kooten Niekerk Kees , Lykke Cobos Kristian-Alberto , Fink Hans , Rabjerg Bjørn , Stern Robert
Published: July 2020

Løgstrup gives a phenomenological account of the will, which holds that to will something is not to have a freedom of choice but rather to already have chosen, meaning that the will is always already engaged. The idea of a free will thus rests on a misconception of the concept of the will. This leads Løgstrup to discuss Kant’s conception of the good will, and he considers the discussion between Luther and Erasmus, where Løgstrup sides with Luther: human beings do not have a free will to choose the good, but rather the human will is bound to the self and therefore a will to do evil. Løgstrup examines the concept of will found in Descartes’s fourth meditation, before he turns to a discussion of the concept of will in Kierkegaard and the notion of ‘freedom of existence’. Finally is the problem of determinism and indeterminism.
The Study and Editing of the Vernacular Chronicles
Authors: Stafford Pauline
Published: July 2020

This chapter surveys interest in the vernacular Anglo-Saxon chronicles from the sixteenth century to the twentieth, together with their study and editing. It sees these endeavours as both scholarly and antiquarian, but they also as linked to periods of definition of, and concern with, England and Englishness from the Reformation through to nineteenth-century medievalism. It discusses successive editions and their presentation of these chronicles, and argues that editions have not been neutral but have played a role in constructing these texts as a single national chronicle. It stresses the importance of the most recent editions, which present each chronicle separately.
The ‘Northern Recension’
Authors: Stafford Pauline
Published: July 2020

This chapter considers the most famous lost vernacular chronicle, the so-called ‘Northern Recension’, fossilized in Chronicles D and E. It examines its making, patronage, and audience, and its connection to the extension of southern power to England north of the Trent and Humber. A detailed reconstruction of the text identifies its sources in Bede, the York Annals, and the chronicle produced at Alfred’s court, the use of Bede being part of the story of Bede’s reception in later Anglo-Saxon England. It considers the nature of the resulting chronicle, its continuities with and shifts from that of Alfred. The Northern Recension is the first identifiable chronicle to add substantially to the Alfred Chronicle’s text. It is argued that this chronicle is linked to the archbishops of York, who were southern appointees and agents of southern power, but its makers were Northumbrian and attention is paid to their voices in the text.
Chronicle D: Crossing Conquest
Authors: Stafford Pauline
Published: July 2020

This chapter focuses on the manuscript and last stages of Chronicle D, the relationship of work on D to 1066 and the problem of where and for whom this chronicle’s last stages were written. It covers the complex palaeography and layout of Chronicle D, and the difficulties caused by its loss of several folios and their later replacement. The chapter argues that the core of D is pre-1066, in large part probably produced in the 1040s, but that much copying and some rewriting occurred post-1066. Key English survivors are central to Chronicle D—descendants of the pre-1066 dynasty, Edgar the ætheling and his sister Margaret, who married the Scottish king; Ealdred, last Anglo-Saxon archbishop of York; bishops of Durham in retirement at Peterborough; and Earl Waltheof. No single home is suggested for Chronicle D’s last stages whose writing may reflect the diaspora of these pre-1066 survivors.
Epilogue
Authors: Dobos Ned
Published: July 2020

Whether or not the costs of a military establishment are worth bearing will depend on, among other things, the availability of alternative arrangements for national defence. Gene Sharp spent his career advocating for what he called a ‘post-military’ civilian-based defence system. It would perform the core functions currently entrusted to armed forces, including national defence against external aggression, but it would rely on non-violent means and methods—the very same that citizens might employ to depose a local dictator. Sharp envisaged a world in which the energies and resources currently spent on militaries would be redirected into these radically different-looking defence institutions. He called this process ‘trans-armament’, as opposed to disarmament, to emphasize that it would not involve throwing our weapons down, but rather replacing them with other (in Sharp’s estimation, better) ones. The epilogue examines Sharp’s proposal.
Accountability in Global Governance
Authors: Hirschmann Gisela
Published: July 2020

How can international organizations (IOs) like the United Nations (UN) and their implementing partners be held accountable if their actions and policies violate fundamental human rights? Political scientists and legal scholars have shed a much-needed light on the limits of traditional accountability when it comes to complex global governance. However, conventional studies on IO accountability fail to systematically analyze a related, puzzling empirical trend: human rights violations that occur in the context of global governance do not go unnoticed altogether; they are investigated and sanctioned by independent third parties. This book puts forward the concept of pluralist accountability, whereby third parties hold IOs and their implementing partners accountable for human rights violations. We can expect pluralist accountability to evolve if a competitive environment stimulates third parties to enact accountability and if the implementing actors are vulnerable to human rights demands. Based on a comprehensive study of UN-mandated operations in Afghanistan, Bosnia, and Kosovo, the European Union Troika’s austerity policy, and global public–private health partnerships in India, this book demonstrates how competition and human rights vulnerability shape the evolution of pluralist accountability in response to diverse human rights violations, such as human trafficking, the violation of the rights of detainees, economic rights, and the right to consent in clinical trials. While highlighting the importance of studying alternative accountability mechanisms, this book also argues that pluralist accountability should not be regarded as a panacea for IOs’ legitimacy problems, as it is often less legalized and might cause multiple accountability disorder.
Pluralist Accountability in Global Health Governance
Authors: Hirschmann Gisela
Published: July 2020

This chapter analyzes the conditions for pluralist accountability regarding public–private health partnerships in the areas of vaccination and vaccine development in India. While in many other fields global governance is still characterized by formal delegation relationships with international organizations as the mandating authorities, global health governance has become very fragmented and consists of primarily informal governance structures. This case study reveals the limitations of pluralist accountability in complex global governance: it demonstrates how the evolution of pluralist accountability was inhibited by both a politicized environment that does not incentivize the exercise of accountability and a moral dilemma situation in which actors adopted a strong counter-norm to render themselves invulnerable against human rights demands. The core question concerning what implementing actors should be held accountable for remains disputed, which thus makes a pluralist accountability relationship impossible.
Management Contracts
Authors: Leigland James
Published: July 2020

In this chapter the discussion turns to management concessions as they have been used in the water and power sectors of developing countries. Because these arrangements are typically short term and involve little or no private investment, they considerably reduce the normal PPP risks faced by private partners. But despite the seeming potential of such contracts for improving the operational efficiencies of infrastructure service systems, as well as the reduced risks of such projects for private partners, these kinds of private–public partnerships (PPPs) have rarely met the expectations of local stakeholders, especially in the poorest countries. Is this criticism fair, or are the objectives of these contracts misunderstood? Hybrid forms of these contracts seem to be emerging in response to disappointment with traditional models. Will these hybrids be successful in achieving the original aims of management contracts?
Case Studies
Authors: Leigland James
Published: July 2020

This chapter presents a series of short case studies of the best-known management contracts for water and electricity services in Sub-Saharan Africa (SSA). The studies attempt to identify projects that successfully met the expectations of a wide variety of key stakeholders. But the review finds very few contracts that have achieved this standard of success. Why have governments, particularly in Africa, been so willing to sign these kinds of contracts, despite their consistently poor performance? Why has that performance not appreciably improved after almost three decades of experimentation? Why do donors, development finance institutions (DFIs), and multilateral development banks (MDBs) continue to promote these mechanisms? What lessons have been learned about the pre-conditions necessary for the conventional management contract model to meet expectations? The case studies in this chapter explore these questions and attempt to identify the factors that make such contracts successful.
Case Studies
Authors: Leigland James
Published: July 2020

This chapter presents case studies of three recent renewable energy independent power producer (IPP) tender programs in Sub-Saharan Africa (SSA), in Uganda, Zambia, and South Africa. Using competitive tenders to select IPP projects is rare in Africa, but is viewed as an effective way of lowering project costs. And with the rapid reductions in the costs associated with wind and solar projects, renewable energy IPP projects may represent the power sector public–private partnerships (PPPs) of the future. These case studies detail the role of development partners in designing and implementing the first two of these programs and compare their performance with that of the South African program, a program designed and managed almost exclusively by South African officials and their advisers. What are the lessons that can be learned from these two distinct approaches? What impact do these kinds of programs have on the “IPP policy dilemma” described in Chapter 8?
The Narrative Legacies of Exceptional Crime
Authors: Gigliotti Simone , Pierce Amber
Published: July 2020

The chapter examines the evolution and efficacy of the prosecutor as an author of anti-genocide narrative. It focuses on the work and statements of prosecutors Telford Taylor (Nuremberg) and Benjamin Ferencz (the Einsatzgruppen Trial of 1947–1948) and Serge Brammertz at the International Criminal Tribunal for the former Yugoslavia (ICTY) (Radovan Karadžić). The chapter traces the intergenerational legacy narratives of the Nuremberg Military Tribunal for ICTY prosecutors. It examines areas such as the presentation of criminal wrongdoing, victim testimony, and societal extremes. It explores in what ways and to what extent prosecutors’ anti-genocide narratives have contributed to the pursuit of reconciliation in regions with governments and political groups that are resistant to reparations and victims’ justice movements.
Symbolic Expression at the International Criminal Tribunal for the Former Yugoslavia
Authors: Aksenova Marina
Published: July 2020

The chapter argues that, at the creation of International Criminal Tribunal for the former Yugoslavia (ICTY), conditions were ripe for establishing this kind of forum. The ICTY was instituted with one overarching aim: condemnation of evil deemed universal. The language of the UN Security Council resolutions demonstrates an intensifying concern over offences committed in the Balkan war. The overarching purpose of the tribunal was symbolic—to uphold the value of human dignity through the ritual of criminal prosecutions in the light of the inability of local actors to prevent further escalation of atrocities. The chapter relies on two theoretical frameworks to support its claim: the theory of discourse analysis developed by Michel Foucault, projecting the ICTY’s power outwards focusing on the content of its input, and an anthropological exploration of the symbolic nature of rituals by Maurice Bloch, identifying the structure within which this content is generated.
Whither Thou Truth and Justice
Authors: King Kimi Lynn , Meernik James
Published: July 2020

Chapter 13 examines micro-level components shaping the witness experience. It develops a model of procedural justice to examine witness perceptions about the search for historical truth and justice. Based on extensive survey data from witnesses who testified before the International War Crimes Tribunal for the former Yugoslavia, the study evaluates in depth the impact of testifying. The chapter uses logistic regression to evaluate whether certain testimonial challenges such as trial delays, language translation difficulties, and other stressors associated with the process of testifying contribute to perceptions about about witnesses’ contributions to truth and justice. Notably, we find ethnic and gender differences among the witnesses regarding whether they believed they have contributed to truth and justice by having testified, and the findings reveal limited support for the proposition that if witnesses feel they have been treated fairly they are more likely to believe they have contributed to justice.
Vertical Inconsistency of International Sentencing? The ICTY and Domestic Courts in Bosnia and Herzegovina
Authors: Holá Barbora
Published: July 2020

Both legal scholars and the general public assume—on the basis of mainly anecdotal evidence—that sentencing at the International Criminal Tribunal for the former Yugoslavia (ICTY) and at the domestic courts is widely inconsistent. As ‘the most responsible’ are sentenced by the ICTY, their allegedly more lenient sentences easily fuel ideas of ‘those most responsible getting off the lightest’. However, no systematic empirical inquiry of sentencing of perpetrators of international crimes committed during the Bosnian war has ever been conducted. This chapter presents findings of an original empirical study comparing sentencing of defendants tried and convicted at the ICTY and those punished by the domestic courts in Bosnia. It discusses cross-fertilization, and discrepancies, between the sentencing jurisprudence and practice of the ICTY and national jurisdictions and refutes the allegations of vertical inconsistency of international sentencing.
‘We Learnt that from The Hague’
Authors: Brodersen Kei Hannah
Published: July 2020

While much attention has been paid to contributions of the International Criminal Tribunal for the former Yugoslavia (ICTY) to International Humanitarian Law and International Criminal Law, the ICTY’s impact on countries under its jurisdiction and on their criminal justice systems is under-researched. Using Bosnia and Herzegovina (BiH) and Serbia as case studies, this chapter discusses the Tribunal’s influence on fairness in war crimes trials that have been conducted in the region since the early 2000s. It shows that the ICTY had only scarce effects on fairness of proceedings, with great impact in BiH and almost absent in Serbia. The difference is explained using the ‘norm cascade model’ and ‘spiral model’, describing how a norm ‘cascades’ from the international level into the national justice system. It shows that the ICTY’s permanent presence in BiH and large absence in Serbia were factors accounting for whether national counterparts followed ICTY jurisprudence and practice.
Extraterritoriality as a Matter of Interpretation
Authors: Raible Lea
Published: July 2020

This chapter considers the standard view that extraterritoriality is a matter of treaty interpretation and that, following on from this, all that is required to discover the extraterritorial scope of human rights treaties is following the rules of interpretation set out in the Vienna Convention on the Law of Treaties. I argue that the extraterritorial scope of a treaty is a matter of treaty interpretation, but that it is not sufficient to follow rules in order to give meaning to international legal instruments. What determines the outcome of an interpretation is, in addition to these rules, a question of values. That is, what lies at the heart of interpretation is the determination of the values and principles that underlie a human rights treaty.
Jurisdiction as Political Power
Authors: Raible Lea
Published: July 2020

Moving from the conceptual to the substantive, this chapter refines our account of jurisdiction based on a concept of power and argues that it is best understood as political power in particular, as opposed to coercion. I argue that political power in this context should be conceptualised to denote the ability of public institutions to determine how individual powers are transformed. That is, political power is the ability of public institutions to mediate the abilities of individuals into a different set of abilities. As such, it is constitutive of and necessary for public institutions, it affects individuals because it provides the very framework for them to pursue their lives in equality, and it is virtually unavoidable. The exercise of political power results in non-exclusive control on particular states of affairs in the area of the rights outlined in any given treaty. The vehicle through which this power is manifested is the choice and application of rules. Political power so understood is the best approximation of a factual position to guarantee equality, which, as we have seen in Chapter 2, is what justifies human rights obligations of public institutions in the first place.
A History of the Present
Authors: Desai Ashwin , Vahed Goolam
Published: July 2020

While small in number, the place of the Indian in South Africa has historically loomed large because of their strong commercial and professional middle class, international influence through India, the commitment of many Indians to the anti-apartheid struggle and the prominent role that they have played in political and economic life post-apartheid. A History of the Present is the first book-length overview of Indian South Africans in the quarter century following the end of apartheid. Based on oral interviews and archival research it threads a narrative of the lives of Indian South Africans that ranges from the working class men and women to the heady heights of the newly minted billionaires; the changes wrought in the fields of religion and gender; opportunities offered on the sporting fields; the search for roots both locally and in India that also witnesses the rise of transnational organizations. Indians in South Africa appear to be always caught in an infernal contradiction; too traditional, too insular, never fitting in, while also too modern, too mobile. While focusing on Indian South Africans, this study makes critical interventions into several charged political discussions in post-apartheid South Africa, especially the debate over race and identity, while also engaging in discussions of wider intellectual interest, including diaspora, nation, and citizenship.
Aristotle
Authors: Irwin Terence
Published: July 2020

Aristotle agrees with Plato that virtue requires the cooperation of the rational and the non-rational parts of the soul, and that the virtuous person is always better off than the non-virtuous, even though virtue alone is not sufficient for happiness. To strengthen Plato’s argument for this claim, he offers a more detailed account of the nature of happiness, and of the relation between virtue and happiness. Since happiness is the supreme human good, it should be identified with rational activity in accordance with virtue in a complete life, in which external circumstances are favourable. A virtue of character is the appropriate agreement between the rational and the non-rational parts of the soul, aiming at fine action (i.e., action that promotes the common good). This requirement of appropriate agreement distinguishes virtue from continence (mere control of the rational over the non-rational part). To show that a life of virtue, so defined, promotes the agent’s happiness, Aristotle argues that one’s own happiness requires the right kind of friendship with others, in which one aims at the good of others for their own sake.
Aquinas
Authors: Irwin Terence
Published: July 2020

Aquinas develops Aristotelian themes as a foundation for his account of the Christian virtues. The will is both rational, being directed towards the ultimate good, and free, being determined by practical reason about what contributes to the ultimate good. Virtue is the good use of free will; it requires both the appropriate training of the passions (the non-rational part of the soul) and the correct practical reason. Practical reason finds the first principles of the natural law (the rational principles that are suitable for human nature), and the action-guiding rules that specify the implications of the natural law for human beings with a social nature, and for human society. The virtues, embodying the natural law, guide us towards the good that is proper to human beings. They do not guide us all the way, because we are subject to the influence of the sins that turn us away from God. Divine grace moves our free will to overcome the effects of these sins, and to form the Christian virtues that lead us towards the complete good.
Subaru High-z Exploration of Low-Luminosity Quasars (SHELLQs). IX. Identification of two red quasars at z > 5.6
Authors: Kato Nanako , Matsuoka Yoshiki , Onoue Masafusa , Koyama Shuhei , Toba Yoshiki , Akiyama Masayuki , Fujimoto Seiji , Imanishi Masatoshi , Iwasawa Kazushi , Izumi Takuma , Kashikawa Nobunari , Kawaguchi Toshihiro , Lee Chien-Hsiu , Minezaki Takeo , Nagao Tohru , Noboriguchi Akatoki , Strauss Michael A
Published: July 2020

We present the first discovery of dust-reddened quasars (red quasars) in the high-z universe (z > 5.6). This is a result from the Subaru High-z Exploration of Low-Luminosity Quasars (SHELLQs) project, which is based on the sensitive multi-band optical imaging data produced by the Hyper Suprime-Cam (HSC) Subaru Strategic Program survey. We identified four red quasar candidates from the 93 spectroscopically confirmed high-z quasars in the SHELLQs sample, based on detections in the Wide-field Infrared Survey Explorer (WISE) data at 3.4 and 4.6 μm (rest-frame ∼5000–6500 Å). The amount of dust reddening was estimated with spectral energy distribution (SED) fits over optical and mid-infrared wavelengths. Two of the four candidates were found to be red quasars with dust reddening of E(B − V) > 0.1. The remaining SHELLQs quasars without individual WISE detections are significantly fainter in the WISE bands and bluer than the red quasars, although we did detect them in the W1 band in a stacked image. We also conducted the same SED fits for high-z optically-luminous quasars, but no red quasar was found. This demonstrates the power of Subaru HSC to discover high-z red quasars, which are fainter than the limiting magnitudes of past surveys in the rest-frame ultraviolet, due to dust extinction.
Polynomial daugavet centers
Authors: Santos Elisa R
Published: July 2020

A polynomial $Q: X \rightarrow Y$ is called a polynomial Daugavet center if the equality $$\begin{equation*} \|Q + P \| = \|Q\| + \|P \| \end{equation*}$$is satisfied for all rank-one polynomials $P: X \rightarrow Y$. In this paper, we present geometric characterizations of polynomial Daugavet centers. We show that if $Q$ is a polynomial Daugavet center, then every weakly compact polynomial $P$ also satisfies this equation. Finally, we prove that if $Y$ is a subspace of a Banach space $E$ and $Q: X \rightarrow Y$ is a polynomial Daugavet center, then $E$ can be equivalent renormed in such a way that the norm on $Y$ is not modified and $J \circ Q: X \rightarrow E$ is a polynomial Daugavet center. We also present some examples of polynomial Daugavet centers.