bluuebunny/crossref_metadata_2025 huggingface dataset:
Jamaat Conflict with the Criminal Organization
Authors: Mironova Vera
Published: April 2023

When jamaats get a strong position in relation to the prison criminal leadership, they can enforce their own rules in prisons. By this point, both groups understand the volatility of the situation and have no illusions about how long the thinning veneer of a peaceful coexistence will last. Both groups prepare for the possibility of a big confrontation. And it takes only a spark to start an inter-prison war with real causalities and unknown outcome. While some prisons remain under Islamist rule, other turn back to criminal prison leadership and in some prisons, prison authorities use such a window of opportunity and take full control of the prison turning it into dictatorship.
Normalizing an American Right to Health
Authors: Ho Christina S.
Published: April 2023

This book argues against the conventional wisdom that a US right to health is out of reach. It shows that the necessary change is not extraordinary but familiar and that the law has already laid considerable groundwork in ordinary statutes and case law. This descriptive foundation, revealed through the application of well-accepted theories of rights, has simply yet to be either acknowledged as, or relied upon, for rights-building. The book then moves from the descriptive task of showing where a right to health already exists in our legal corpus to the prescriptive goal of showing how we could feasibly and meaningfully expand the right through ordinary policies that are widely used in other domains. Such ordinary policies include impact assessments and state-sponsored reinsurance. Though both tools have been used to protect interests that compete with human health, they have yet to be wielded systematically to prioritize health as a value. By normalizing American health rights discourse and bringing a right to health, including a right to healthcare, within the domain of ordinary policy debate, this book arms health advocates for the sharp political contests over health that we face today.
Methods
Authors: Ho Christina S.
Published: April 2023

This chapter sets out three models of rights that will be used throughout the rest of the book to identify rights as distinguished from other kinds of norms. These models of rights will be shown both to characterize much of the reasoning already involved in health decisions, but also to be capable of further extension to advance the cause of health in the United States. The first is Ronald Dworkin’s model of rights as trumps, with Jeremy Waldron’s particular emphasis on the internal qualitative preclusion that rights perform. To elevate a value as a right is to have already a conception of what type of consideration is to be precluded as an invalid reason for compromising the right. The second account of rights is Robert Alexy’s account of rights as proportionality, which conceives of rights as prioritized values that require important countervailing purpose and close fit if they are to be outweighed by a competing consideration. Finally, this chapter describes David Super’s account of the properties of statutory entitlement programs in the United States, a framework that enables the book in future chapters to identify a species of rights-like affirmative material guarantee in the United States that could usefully be extended to healthcare.
A Health Right By Any Other Name: Expression in Statute
Authors: Ho Christina S.
Published: April 2023

This chapter shows that health statutes exhibit a strong Dworkinian rights-logic insofar as they prohibit the consideration of health need (and proxies for health need) as valid reasons to deny health coverage or protection. Denying healthcare to someone precisely because they are sick and in need of healthcare displays the kind of internally conflicted logic that Dworkin’s conception of rights was designed to rule out. The passage of the Affordable Care Act (ACA), with its ban on the consideration of health-status–related factors and preexisting conditions in issuance, renewal, and pricing of health insurance, represents the culmination of this normative strand in US health law. But so many other US statutory regimes even prior to the ACA reflected this rights-grammar as well. In piecemeal fashion, the US system has ruled out age, disability, diagnosis or health conditions, and genetics from factoring into decisions about the eligibility for healthcare. These categories of prohibited factors can be plausibly explained as stand-ins for health need. The hypothesis that the American public views health through a Dworkinian rights lens could help explain this deep U.S. statutory commitment to peremptorily precluding certain factors from being considered as valid reasons to compromise health.
A Health Right By Any Other Name: Expression in Case Law
Authors: Ho Christina S.
Published: April 2023

This chapter shows that health law cases also exhibit a strong Dworkinian rights-grammar insofar as they mark out certain factors as disfavored grounds for compromising or limiting health measures. As shown through extensive case analysis, judges routinely strike health measures when they exclude or limit health protections based on factors such as diagnosis, age, institutionalization, economic want, and physical attributes. These disfavored categories seem clustered around what one might consider correlates for health status or degree of health need. To allow health need to limit someone’s access to health would plausibly conflict internally with the reasons healthcare is valued in the first place. This preclusion reveals courts’ regulative conception of how health should be valued as a right. Meanwhile, the failure to apply this preclusion in certain cases, particularly those involving sexual and reproductive health, and involving durable medical equipment, suggests that courts may yet stop short of considering those matters to be part of the health rights bundle. By picking and choosing the health protections that they subject to this heightened scrutiny over health-status related line-drawing, judges are inescapably delineating a substantive conception of what a health right would entail in the United States.
How Reinsurance Is a Right
Authors: Ho Christina S.
Published: April 2023

This chapter lays the groundwork for arguing that health reinsurance is a feasible and promising next step for building an affirmative right to health in the United States, and does so by showing that state-sponsored reinsurance is an entitlement that has been freely established in many other domains. For all the vaunted aversion to entitlements, whenever the United States as a nation has deemed a material interest to be vital—including housing, food crops, higher education, pensions, and banking—state guarantees have been furnished in the form of reinsurance. These guarantees, however, have not necessarily backed the individual beneficiary but rather the primary private insurer or financier who bridges beneficiary access to that good or service. This chapter shows how these guarantees fit the frame of state sponsored reinsurance, which is defined as a government-organized backstop against high losses in order to stabilize the underlying private institutions that would ordinarily bear the supply-side risk for that good or service. These types of commitments not only blanket our politico-legal landscape for values apart from health, but are in fact entrenched as virtual entitlements by the measure of David Super’s yardstick of properties characterizing statutory entitlements in the United States. The argument provides a reason to establish health reinsurance, if for no other reason than to ensure that health is on equal footing with competing interests, while simultaneously offering templates for how to establish such a guarantee for health interests as well.
Health Reinsurance as an Affirmative Right to Health
Authors: Ho Christina S.
Published: April 2023

This chapter begins to envision what reinsurance in the health sector would look like and what it could accomplish. It identifies the starting points, already well-rooted in the history of the US health sector, as well as the next steps to make such reinsurance more explicit and comprehensive. The chapter shows how the principle of reinsurance is already familiar in the health domain, albeit without full acknowledgment. It finds this principle in the programs that are the pillars of our health system such as Medicaid, Medicare, and even ERISA. The chapter then shows how health reinsurance has found its way into pockets of the ACA and post-ACA landscape, achieving political appeal across a broad political spectrum. The chapter also recounts how proposals for health reinsurance have cropped up from time to time in US political history, championed by figures from Dwight Eisenhower to John Kerry. The chapter closes by proposing policy elements that could help to establish broader, more comprehensive health reinsurance in the United States, and by showing how such steps forward could help clear the pathway to single-payer healthcare.
Resumption in Medieval Romance: Reconsidering si
Authors: Wolfe Sam
Published: April 2023

This chapter presents a new analysis of Medieval Romance si, focusing principally on data from Old Sicilian and Old French. Following a review and critique of existing proposals for the syntax of si, new data from two Sicilian texts and three Old French texts is provided so as to develop a synchronic and diachronic analysis. In terms of si’s syntax, it is proposed that multiple factors conspire to affect its distribution and the classes of constituents that it can resume; these include whether si itself is internally or externally merged in the left periphery, the precise height of the V2 bottleneck in the language in question, and whether Topics are internally or externally merged. In diachronic terms, the grammaticalization of si from Latin onwards is argued to be a paradigm case of upward grammaticalization.
The XP-Þá-Construction and V2
Authors: Jónsson Jóhannes Gísli
Published: April 2023

This chapter discusses a relatively unexplored construction in Icelandic that displays linear V3/V4 and I will refer to as the XP-þá-construction. In this construction, a left-peripheral adjunct is followed by adverbial þá “then” before the finite verb. The complementizer þá “that” can occur between the adjunct and þá, an important fact that distinguishes the XP-þá-construction from the superficially similar så-construction in Norwegian and Swedish. It will be argued that þá spells out the trace of the moved adjunct, following Grohmann’s 2003 analysis of Copy Left Dislocation in German. This analysis entails that only one phrasal category moves to left periphery in the XP-þá-construction, as required by the Bottleneck Hypothesis. The proposed analysis is also consistent with the view that the V2 constraint is satisfied in FinP, the lowest projection in the left periphery.
Introduction
Authors: Linzey Andrew , Linzey Clair
Published: April 2023

The introduction begins by defining theology as an understanding of the inner logic of a faith position. It then moves to consider the neglect of animals within the theological tradition before discussing the publication of Andrew Linzey’s Animal Theology. That book has received enormous attention since it was published in 1994, and has been credited with creating a new discussion within theology. Mark Rowlands has claimed that “Andrew Linzey’s name is virtually synonymous with the discipline of animal theology: a discipline that he has legitimate claim to have single-handed invented.” In fact, there have been significant pioneers of theological thought about animals, but their originality and witness have been sadly overlooked. Animal Theologians explores some of these seminal voices, which still have much to offer the contemporary debate. It provides a guide to the thinkers who have come before that offer more animal-inclusive perspectives.
Michel de Montaigne (1533–1592)
Authors: Long Kathleen
Published: April 2023

This chapter proposes a new focus for scholarship on the representation of animals in Michel de Montaigne’s Essays. Whereas previous scholarship has constantly recentered the long description of animals in the “Apology for Raymond Sebond,” asserting that it is proof of the human folly the essayist decries elsewhere, this piece suggests a radical decentering of focus from the human to the nonhuman. If it were possible to see the world from a perspective other than human, what would we see that we have not noticed before? While Montaigne’s elaboration of this proposal underscores the limitations of human understanding, of both the animal and the divine, it also clearly gestures toward a world that exists beyond our mastery, beyond our comprehension, and beyond our theology—a world more closely connected to the divine than to the human.
John Wesley (1703–1791)
Authors: McLaughlin Ryan Patrick
Published: April 2023

John Wesley’s later sermons provide an important contribution to animal theology and ethics. This contribution, however, is complicated. On the one hand, certain elements of Wesley’s theology—particularly his understanding of protology and the Fall—are no longer scientifically viable. On the other hand, the problem he addresses regarding divine goodness in relation to animal suffering remains a legitimate issue. In this manner, Wesley forces contemporary readers to address a theological impasse at the intersection of God’s goodness and biological reality. This impasse is positive inasmuch as it highlights the troubling (and perhaps irresolvable) tension between the hope Christians place in God’s love and the troubling state of our cosmos. Using Wesley as a guide, the author ultimately maintains that although we cannot hold fast to a historical Eden absent of predation, we should not embrace suffering, predation, and death as unambiguously good pillars of God’s created order.
Henry David Thoreau (1817–1862)
Authors: Mott Wesley T.
Published: April 2023

Henry Thoreau is celebrated as a vegetarian, a champion of all nature’s creatures. But he held complex, contradictory views of hunting. He expressed revulsion and guilt at eating flesh but recorded dietary lapses followed by promises to pursue a “higher law.” He disdained religious orthodoxy, yet his life was a religious quest. Thoreau was well versed in the Bible and Asian sacred literature, which he employed to skewer moral and political hypocrisy and to convey numinous encounters with animals. Craving the feeling of his “own limits transgressed,” he found sublimity not in rarefied transcendence but in material animality he shared with “brute neighbors.” Disaffected with collecting, killing, and classifying living things, Thoreau criticized science’s failure to go beyond the “surface of things.” He sought to capture the “vital spirit” of animals. Thoreau’s intuitive sense of “anima” is an electric link between empathy toward individual creatures and wider moral community with all animals.
John Ruskin (1819–1900)
Authors: Johnson Linda
Published: April 2023

John Ruskin’s view on drawing nonhuman life was the subject of a series of ten lectures published as The Eagle’s Nest, thirteen years before his resignation as Slade Professor of Art on the topic linked to anatomical study: vivisection. Drawing dissected parts such as “bones and meat” was merely looking at soulless dead tissue rather than how God uniquely “animated” every living thing. While there is no shortage of texts regarding Ruskin’s theories on art, this chapter will address his process of “beholding” the many birds he animated in word and image, such as the imposing eagle, the little egret, the snipe, and the partridge. The chapter examines, through his unique gestural application of paint, color, directional lines, light, shadow, and texture, how Ruskin’s drawings evoke the realities the birds express; the fiat anima, the flow of the divine soul present in all nonhuman life. Ruskin’s “wholeness” approach was an organic one, dependent on an intact physical body.
Frances Power Cobbe (1822–1904)
Authors: Li Chien-hui
Published: April 2023

This chapter places the ideas of Frances Power Cobbe, a noted Victorian writer, feminist, and antivivisectionist leader, against the background of the Victorian crisis of faith and the rise of scientific naturalism. It considers Cobbe’s campaign against vivisection as a vital and integral part of her lifelong battle against the growing influence of atheism, agnosticism, materialism, and utilitarianism, which she believed to be intimately connected with the ascendency of the “scientific spirit” in the last quarter of the nineteenth century. Driven by a grave concern for the moral and spiritual condition of humankind, and apprehensive of the pernicious influence of the scientific spirit as exemplified in the growth in experimentation as a scientific method, in physiology as a discipline, and in science as a profession, Cobbe employed the antivivisection platform as a most critical venue from which to voice her critique of Victorian science and society in general.
Leo Tolstoy (1828–1910)
Authors: Crary Alice
Published: April 2023

This chapter opens with an account Leo Tolstoy gave of his visit to a slaughterhouse in 1892. Tolstoy believed that there was something about what he saw as the immense brutality of slaughter that we might miss even if we know the basic facts of how it happens. He wrote about his experience in a vivid style that he hoped would open his reader’s eyes to the violence of butchering. The chapter surveys trends in animal ethics and links them to themes from Tolstoy’s fictional and nonfictional religious writings. It concludes with reflections on how the sort of emotionally demanding discourse that interests Tolstoy is of decisive importance today for getting an undistorted view of what is done to animals not only in confined feeding operations, industrial abattoirs, and other slaughterhouses but also in laboratories, zoos, sites of the destruction of animal habitats, and in areas where animals are hunted.
Charles Hartshorne (1897–2000)
Authors: Dombrowski Daniel A.
Published: April 2023

Charles Hartshorne was one of the most important metaphysicians and philosophers of religion in the twentieth century. His process theism or neoclassical theism is noteworthy regarding nonhuman animals in three ways. First, Hartshorne (along with Alfred North Whitehead) saw nonhuman animals not only as moral patients but also as moral persons, in contrast to the classical or traditional theistic view that denies personhood status to subhuman beings. Second, birds in particular, through their song, enable us to understand and appreciate the aesthetic factors that pervade the cosmos, from subatomic particles to God. And third, Hartshorne quite explicitly referred to God as “the divine animal” in his rediscovery and retrieval of Plato’s World Soul, where God is seen as the soul or mind who animates not this or that particular body but the cosmos as a whole.
C. S. Lewis (1898–1963)
Authors: Gilmour Michael J.
Published: April 2023

Except for The Problem of Pain, C. S. Lewis’s most important theological musings about animals appear in creative works. This chapter considers his 1934 poem “The Shortest Way Home,” later revised and retitled as “ ‘Man Is a Lumpe Where All Beasts Kneaded Be.’ ” His inspiration is a meditation by John Donne (1651) that argues humans are a “weight to heaven’s heaviest curse” on animals. Because of sin, Donne insists, those granted dominion miss an opportunity “to rectify / Nature to what she was.” Lewis also considers humanity’s disservice to nature but is more optimistic. He introduces an eschatological vision anticipating an ultimate correction to corrupted human–animal relations, while utterly rejecting an understanding of dominion as despotism. These twenty lines thus offer a concise theological statement from Lewis’s pen, revealing his theological views on the place of animals vis-à-vis humanity’s God-given dominion.
Andrew Linzey (1952–)
Authors: McLaughlin Ryan Patrick
Published: April 2023

For Andrew Linzey, the God whose nature is love creates out of and for the sake of love. To this end, God empowers creation to a genuine other. This empowerment entails the risk that creation will not develop as God desires. Because this risk comes to fruition, violence is now embedded in the way of “nature.” But God remains committed to creation’s redemption. As the Spirit, God is ever-present in the cosmos, empowering its life and experiencing its sufferings. In the incarnation, God takes all of creation’s torturous harms into the life of the Trinity and transforms them. In the resurrection, God establishes a new “trans-natural” law that points to the eschatological redemption of all sentient life. As beings formed in God’s image, humans ought to honor God’s animals by witnessing to this trans-natural law by ending the exploitation of animals for food, for hunting, for recreation, and for experimentation.
Ummah Yet Proletariat
Authors: Hongxuan Lin
Published: April 2023

This monograph explores the relationship between Islam and Marxism in the Netherlands East Indies (NEI) and Indonesia from the publication of the first Communist periodical in 1915 to the beginning of the anti-communist massacres of 1965–66. It explores various permutations of how Muslim identity and Marxist analytical frameworks coexisted in the minds of Indonesian nationalists, as well as how individuals’ Islamic faith and ethics shaped their willingness to employ Marxist ideas. Such confluences have long been obscured by state-driven narratives which demonize Marxism and posit the mutual exclusivity of Islam and Marxism. By examining Indonesian-language print culture, including newspapers, books, pamphlets, memoirs, letters, novels, plays, and poetry, I show how deeply embedded confluences of Islam and Marxism were in the Indonesian nationalist project, even at its highest levels. Ultimately, I argue that these confluences were the product of Indonesian participation in broader networks of intellectual exchange across Asia, Europe, and the Middle East, and that such confluences were the result of Indonesians “translating” the world to Indonesia, a project of creative adaptation ambitious in both its scope and depth.
Introduction
Authors: Hongxuan Lin
Published: April 2023

The introduction draws on the work of scholars of both Islam and Marxism to explain the conceptual framing of this book. Enumerating the variety of sources used, as well as this book’s contribution to existing literature, it pays special attention to the importance of using vernacular print culture as historical sources. It identifies two impulses that animated Indonesian political thinking before 1965: the project of adapting or “translating” the intellectual heritage of the world to Indonesia, and the attempt by Indonesian Muslims to translate Islam into a political idiom, using Islamic sources to construct an intellectual scaffolding for viable political alternatives to European empires, capitalist liberal democracies, or purported socialist utopias. It suggests productive ways of thinking about both Islam and Marxism that help readers situate the historical confluence of Islam and Marxism in Indonesia.
New Modes of Movement
Authors: Hongxuan Lin
Published: April 2023

This chapter explores the post-1927 period, in which mass rallies were rare, strikes were no longer possible, and schools were coming under increasing government scrutiny. Anticolonial activists turned to print to express themselves and generate support for their ideas. Their writings mixed an attachment to Islamic identity with openness to “translating” the intellectual innovations of Europe as well as learning from the experiences of other Asian societies, knowledge that often included Marxist ideas. It examines the Islamic socialism of two prominent 1930s organizations, the PSII and Permi, which included prominent female activists. It then explores the Dinyyah schools of West Sumatra and the Dutch-educated literati of the 1930s, especially those associated with the left-leaning journal Kritiek en Opbouw. It examines two novels that shed light on the ideas in circulation during the 1930s: Soewarsih Djojopoespito’s Buiten het Gareel (1940) and Xarim M. S.’s Hadji Dadjal (1941). This chapter ends by considering Soekarno’s relationship with Islam during the 1930s, showing how his understanding of Islam deepened during exile.
The Achievement of Civil Rights
Authors: Wallach Philip A.
Published: April 2023

Chapter 3 argues that, although people often remember Congress as an obstacle to civil rights, in fact the legislature’s deliberative process created the conditions needed for the effective and durable achievement of desegregation. Congress’ structure did make progress on civil rights painfully difficult, but it also drove both parties to compete for the support of the civil rights movement. Instead of abolishing the filibuster or bypassing Congress, civil rights proponents built a broad, bipartisan coalition capable of meeting supermajority requirements, leaving Southerners isolated. By accommodating and involving Southern representatives in this functional, if painful and drawn-out, political process, Congress ensured that the Civil Rights Act would be effectively followed and enforced, unlike court-ordered desegregation after Brown v. Board of Education. The chapter also contrasts the Civil Rights Act’s legitimacy to the contentious history of affirmative action, which was born out of bureaucratic imperatives rather than legislative struggle.
The Triumph of Partisan Posturing over Politics
Authors: Wallach Philip A.
Published: April 2023

Chapter 6 argues that partisan posturing has largely displaced politics in the Congress of the twenty-first century. In both chambers, leaders carefully stage-manage debate and the legislative process, leaving members of Congress little room for actual deliberation or compromise. The resulting polarization and gridlock have driven much policymaking into the executive and judiciary. Congress continues to pass significant legislation; however, these episodes, brokered by leadership in secret deals driven by emergencies or deadlines, leave most legislators as spectators. Their lack of input leaves resulting policies with serious legitimacy problems, while longer-term planning becomes virtually impossible.
Failing to Compromise on Immigration
Authors: Wallach Philip A.
Published: April 2023

Chapter 7 examines Congress’ many failed attempts to arrange a grand compromise on immigration and border control. In the twenty-first century, four different Congresses have tried to pass ambitious legislation. Majorities of legislators and leaders generally supported reform, but efforts nevertheless failed, in large part because contemporary legislative processes were unable to directly address the concerns of distrustful immigration skeptics. Rather than building an overwhelming coalition, as the civil rights movement had done in the 1960s, champions of immigration reform abandoned legislative solutions and lobbied the president to address the most pressing injustices. The difficulties of Barack Obama’s executive actions vividly illustrate the shortcomings of circumventing Congress. Presidential actions can be mired in continuous litigation and can be swept away by the stroke of a succeeding president’s pen. The chapter concludes with a brief examination of President Donald Trump’s attempts to fund construction of the southern border wall without Congress’ cooperation.
After Shallow Pond
Authors: Schmidtz David
Published: April 2023

In 1972, Peter Singer said “If it is in our power to prevent something bad from happening, without thereby sacrificing anything of comparable moral importance, we ought, morally, to do it.” To motivate this principle, he offered a thought experiment that is now called the Shallow Pond. It is among the most fertile thought experiments in the history of philosophy. Moral theory as conceived by Hume and Smith was consequentialist, but their consequentialism was not a theory about what to do. The lesson of Peter Singer’s Shallow Pond is not that utilitarianism demands too much but that theorizing about what to do is no substitute for theorizing about what works.
Compliance Is Not a Detail
Authors: Schmidtz David
Published: April 2023

The concept of compliance has a confusing place in the literature on ideal theory, as every reader of that literature knows. On one hand, philosophers understand that achieving perfect justice would entail everyone complying with its requirements. On the other hand, there is room to observe that if compliance is ideal, then taking it for granted cannot be. In fact, compliance is an ongoing achievement. To set aside that we live among agents—beings whose fate as social animals hangs on making it safe to trust each other—is to set aside politics itself. People cannot set compliance problems aside when imagining what is ideal.
Rational Choice Theory’s Silence About Ends
Authors: Schmidtz David
Published: April 2023

Barbara Herman says an agent that truly acted from desire would not act for reasons all the way down. Its desires would be causes, not reasons. Such a being would not, in the end, have a reason for acting one way rather than another. The author wants to agree with Herman, but does not want his agreement to sound pious, self-righteous, or vacuous, and does not want to beg the question. So, he pursues the matter. What is it like to act for reasons all the way down? He imagines a driver approaching a railway crossing. Does the driver have reason to look both ways? Must reasons be “deep” to be real? When? Why? Among the most fascinating aspects of the challenge of being as realistic as possible is the challenge of being realistic about how far down reasons can go.
A Brief History of the Human Condition
Authors: Schmidtz David
Published: April 2023

Is Homo sapiens truly the wisest of primates? Maybe, but when modern humans emerged as a species 40,000 years ago, Neanderthals had been around for a half-million years, and they had larger brains. Yet it was Neanderthals who went extinct. Why? Were humans smarter? The pivotal difference may have been more specific. People often conceive a species in terms of what is seen as its characteristic survival mechanism. When people think about birds, they think flight. When people think about chameleons, they think camouflage. When people think about cheetahs, they think speed. What about Homo sapiens? Humans are a kind of social animal that is also a political animal, which is to say that learning to negotiate, trade, and be of service is part of what made us human.
Living with the Invisible Hand
Authors: Hussain Waheed
Published: April 2023

Markets, just like states, are systems of governance. Their justification must therefore meet similar standards of moral scrutiny, despite the fact that their authority structure is impersonal. In order to argue for the role of markets as systems of governance that raise similar justificatory burdens, this book provides a philosophical account of market institutions. According to this view, shared social institutions define a framework for how members of a political community think and act toward one another, consistent with citizens respecting themselves and one another as free persons, each entitled to guide their activities in light of their own judgments. The market is one of these shared institutions, so its rules must also be consistent with mutual respect as free persons. This perspective represents a fundamentally different way of thinking about economic life, which rejects both the view of economic actors as disconnected individuals in a state of nature and the view of economic actors as mere preference orderings that are inputs to a giant social welfare function. The book formulates a deeper framework for thinking about economic life, which can displace the familiar ideas that underpin contemporary neoliberalism and finance capitalism. In so doing, the book works out the implications of the idea that the burdens of equal citizenship extend to economic life, such that appropriately regulated markets and workplaces elicit and realize a system in which people respect one another as free. The book concludes with a defense of economic democracy, elements of which can be found under German codetermination.
The Institutional Perspective
Authors: Hussein Waheed
Published: April 2023

Chapter 1 sets out a framework for thinking about normative issues in economic life. It introduces the “institutional perspective,” which stresses the importance of social institutions and public values in structuring human choices and interactions, and so for thinking about economic questions. The institutional perspective is introduced through a sequence of examples, beginning with simple cases, such as the rules and practices of a parking lot, and moving to more complex ones, specifically economic markets. Markets and other parts of the civil sphere confer on citizens various institutionally defined powers that they may exercise on the basis of their own personal goals, plans, and projects. The public-private distinction can therefore be explained in terms of a distinction between two institutionally defined domains. Civil institutions, such as marriage, school choice, private property, and business corporations, are all part of the “private” domain in that citizens can generally exercise the forms of power and authority they define as private individuals. But the structure of these forms of powers and authority must answer to public values, so the institutional perspective provides an important basis for developing a systematic critique of certain misleading contemporary approaches to the public-private distinction.
An Intermediated Market Arrangement
Authors: Hussein Waheed
Published: April 2023

Chapter 8 lays out a model for how an advanced market economy could be structured so as to satisfy the anti-authoritarian ideal. Intermediated capitalism is a market arrangement that shares many features with an advanced market economy, but also incorporates deliberative rule-making mechanisms at the level of firms and industries to improve rationality and transparency and to give citizens a greater basis for trusting in the market process. Aspects of the codetermination system in Germany, such as representative rule-making at the level of the corporation, answer to the model, and the chapter appeals to the German example to illustrate the idea. Codetermination is not proposed as a complete solution but rather as an example of the way in which economic life can be more democratic.
Ontic Oppression
Authors: Jenkins Katharine
Published: April 2023

This chapter defines ontic oppression as a subtype of ontic injustice in which the constraints and enablements to which the individual is subjected are not only wrongful but oppressive. In order to construct this definition, drawing on accounts by Marilyn Frye and Iris Marion Young, an account of oppression is offered: oppression involves systematic, group-based restraints that steer people towards subordinated social positions, where such positions are characterised by six features: exploitation, marginalisation, powerlessness, cultural domination, violence, and communicative curtailment. The concept of ontic oppression incorporates the normative commitments that motivate the investigation into race and gender kinds that will be pursued in later chapters.
Energy and Power
Authors: Gross Stephen G.
Published: April 2023

Energy and Power explains the deeper history behind Germany’s daring campaign to refashion its energy system on a foundation of renewable power. It shows how the Federal Republic passed through five energy transitions since 1945 that fundamentally reshaped its politics, society, and economics. West Germany’s transition to oil in the 1950s and 1960s unleashed a series of crises that politicized energy. This launched the nation on a trajectory that departed radically from the United States in emphasizing first the need for energy savings and eventually calling for the aggressive promotion of renewable power at a federal level. Where most scholars explain Germany’s special energy path through its anti-nuclear movement and Green Party, Energy and Power shows how this trajectory resulted from a synthesis of outsiders and political insiders, who wanted to change the nation’s energy system for reasons of exports, geopolitical security, modernization, and jobs more than anything else. In contrast to neoliberal policymakers in the United States and Britain, who sought to protect free markets from political intervention after the 1970s, German experts and leaders developed a new energy paradigm—Ecological Modernization—which embraced the fact that social actors working through corporatist negotiation should determine the basic orientation of the energy system. Even before global warming became a pressing concern, and for reasons that had little to do with climate change, Germans integrated ideas about the social cost of energy with new theories of technological change to unleash a novel, state-guided, green energy transition.
Green Energy and the Remaking of West German Politics in the 1970s
Authors: Gross Stephen G.
Published: April 2023

This chapter traces the realignment of West German politics in the 1970s during this nation’s third transition, to energy efficiency. The anti-nuclear movement and the new Green Party were reactions to the technocratic policy of the 1960s that aimed to expand the supply of energy. This grassroots movement succeeded by rhetorically linking Bonn’s nuclear policies to the Third Reich. It called for radical reform that would place West Germany on a soft path of social and technological development that foregrounded local energy production, and that focused on conservation. This movement threatened the governing SPD. To counter this, SPD reformers aligned with new experts to reconsider nuclear power, reject the centralized approach to energy, and prioritize efficiency. As a result, the early 1980s marked the moment when West Germany began to diverge from the United States, France, and Britain in energy consumption, as the SPD transformed these new ideas into policy. Social Democrats also repackaged Green ideas for a centrist public by tying energy reform to concerns like security and exports.
Historical Institutionalism, Critical Junctures, and the Divergent Legacies of Forced Settlement and Colonial Occupation
Authors: Owolabi Olukunle P.
Published: April 2023

Chapter 3 highlights two critical historical junctures that transformed the patterns of state-building and institutional development associated with forced settlement and colonial occupation. The first critical juncture was the abolition of slavery, which undermined the political control of local white planters and expanded the legal rights and political agency of emancipated Afro-descendants in forced settlement colonies. The second critical juncture was the territorial expansion of colonial occupation, which undermined the legal rights and political agency of indigenous colonial subjects in continental Africa and other developing regions with significant indigenous populations. The theoretical arguments in this chapter incorporate insights from historical-institutionalist scholarship on colonial state-building and institutional development in the Global South. This theoretical framework also demonstrates the limits of existing theories that emphasize the importance of European settlers, British legal and political institutions, Protestant missionary evangelization, ethnic diversity, and geographic determinants of human development and postcolonial democratization.
Comparing Portuguese Forced Settlement and Colonial Occupation
Authors: Owolabi Olukunle P.
Published: April 2023

Chapter 6 contrasts the distinctive developmental legacies of Portuguese forced settlement in Cape Verde and Portuguese colonial occupation in Guinea-Bissau. These West African countries were initially governed under the same colonial administration, but Cape Verde expanded the legal rights and political agency of emancipated Afro-descendants following the abolition of slavery in the nineteenth century. By contrast, Portuguese colonial officials enforced a rigid legal distinction between Creole and indigenous African subjects in colonial Guinea-Bissau. Consequently, indigenous Africans remained subject to forced labor recruitment following the abolition of slavery in Cape Verde. These institutional legacies had profound consequences for the socioeconomic and political development of each country following their joint liberation from Portuguese rule. Although the two countries gained independence under the same single-party dictatorship, Cape Verde has been more successful at promoting inclusive human development since the establishment of multiparty electoral politics in the 1990s.
Forced Marriage in Shāfiʿī Law
Authors: Soufi Youcef L.
Published: April 2023

Classical legal doctrines matter to the lives of many Muslims today, whether by choice or circumstance. What significance might a classical mode of legal critique hold for Muslims invested in forms of feminist reform? This chapter examines an intra-school disputation between al-Shīrāzī and al-Juwaynī on the topic of forced marriage (ijbār al-bikr al-bāligh). It shows how al-Juwaynī drew on his own Shāfiʿī doctrine to challenge the consensus within his school of law that a father or grandfather could coerce his virgin daughter or granddaughter into an unwanted marriage. In so doing, al-Juwaynī reveals the doctrine of forced marriage as weaker than assumed by his Shāfiʿī colleagues. The chapter concludes by contending that contemporary feminist critiques of historical positions on topics like forced marriage should be understood as a continuation of the classical tradition in which prominent jurists treated the doctrines of their schools as objects of ongoing scrutiny and debate.
The Mistaken Prayer Direction
Authors: Soufi Youcef L.
Published: April 2023

Thirteenth-century Shāfiʿī scholars considered their school predecessors to be working towards doctrinal resolution. They saw each generation as consolidating the divergent positions of past generations and slowly inching towards canonization. But the final disputation between al-Shīrāzī and al-Juwaynī suggests that jurists of the 11th century were unruffled by doctrinal indeterminacy. The two jurists tackled a question that had divided Shāfiʿīs since the time of their school eponym: If a person has prayed facing the wrong direction and then realized her mistake, is she obligated to repeat her prayer? While the two jurists took opposite positions and debated with elaborate subtlety, in the end, neither sought resolution in the disputation or in their books of substantive law. Rather, other evidence suggests that both Shāfiʿīs held a preference for retaining doctrinal indeterminacy over questions considered particularly difficult to resolve. The chapter pushes back against claims that doctrinal resolution was the objective of classical jurists’ labours.
Knowledge Transfer and the Quest for the X Factor
Authors: Røvik Kjell Arne
Published: April 2023

This chapter introduces the book’s subject, which is challenges involved in transferring and sharing knowledge between organizations. The point of departure is observations of variations: knowledge transfers often succeed, but they also frequently fail. However, we still lack theories that have high explanatory potential to account for the observed variations. Thus, there is need to retheorize the subject. The chapter introduces the translation theory of knowledge transfer by presenting and briefly discussing the following three interconnected core suggestions upon which this theory is founded. First, knowledge transfers between organizational sources and recipients can be conceptualized as acts of translation. Second, translation of knowledge (practices and ideas) is a rule-based activity. Third, translations make a difference: the way translators perform translations may explain outcomes of knowledge transfer processes. These suggestions are elaborated in Chapters 4, 5, and 6, respectively.
Antecedents of a Translation Theory of Knowledge Transfer
Authors: Røvik Kjell Arne
Published: April 2023

This chapter presents the antecedents of the translation theory of knowledge transfer, which is ideas, perspectives, and metaphors imported from disciplines other than knowledge transfer studies. The first section of the chapter is devoted to questions about the development of new theories of organization and management. What are the challenges, the pros, and the cons of attempts to make theories based on borrowings from other disciplines? This discussion and its insights are related to the challenges of outlining a translation theory of knowledge transfer. The second (and main) part of the chapter addresses the two antecedents of the theory: insights from translation studies, a school of thought that originated from linguistics in the early 1970s; and the French/Scandinavian translation school in organization studies. Concepts, arguments, images, and models are borrowed from these disciplines, thus providing essential elements to the theory-building process.
Revealing the Rules of Knowledge Translation
Authors: Røvik Kjell Arne
Published: April 2023

This chapter develops the second key argument upon which the translation theory is founded; that is, that translations of practices and knowledge across organizational borders are rule-based activities. The chapter starts with a discussion of the concept of social rule—and the notion of translations as rule-based, and thus, patterned actions. Based on inspirations from the domains of translation studies and organizational translations and insights from empirical observations, the chapter theorizes and outlines a typology of translation rules, intending to account for variations in practices of translating knowledge across organizational borders. The chapter identifies three translation modes (reproducing, radical and modifying) and four appurtenant operational translation rules (copying, alteration, addition, and omission). The potential of the typology to map this terrain is illustrated with reference to empirical examples.
Reimagining That Translators and Translations Make a Difference
Authors: Røvik Kjell Arne
Published: April 2023

This chapter returns to the puzzles that sparked this book project: The numerous observations of variations in outcomes, successes, and failures, following attempts to transfer knowledge across organizational borders. How can such variations be interpreted and explained? Partly in contrast to the dominant barrier approach in knowledge transfer studies, this chapter develops the translation approach to understanding and explaining variations in knowledge transfer processes and outcomes. This is done by elaborating the third key argument upon which the translation theory is founded; that is, that translators and their translations make a difference. The ways in which translations are performed may explain outcomes of knowledge transfer processes. The influence of translators on processes and outcomes is illustrated through six knowledge transfer cases, each of which takes place in different contexts: the United States, Norway, Denmark, China, the United Kingdom, and India.