bluuebunny/crossref_metadata_2025 huggingface dataset:
Scherzo
Authors: Stoll Knecht Anna
Published: November 2019

The chapter begins with the Scherzo’s characterization as a “dance of death.” The image of Death as musician and dancer haunts Mahler’s Scherzi up to the unfinished Tenth Symphony. In terms of structure, the analysis concentrates on the web of motivic material, more closely integrated here than in the other movements of the Seventh, as well as on the movement’s collapses. The three Nachtstücke of the Seventh all lead to collapse, but through different means. Situated between the two Nachtmusiken, the Scherzo shares affinities with each of them. The last section of the chapter discusses Mahler’s compositional materials for the Scherzo: the incomplete preliminary draft belonging to the Bruno Walter collection (New York Library for the Performing Arts), and a few pages in the Vienna sketchbook. Also addressed are the verbal inscriptions found on the preliminary draft, often referring to place names.
Die Meistersinger in the Seventh Symphony
Authors: Stoll Knecht Anna
Published: November 2019

The last chapter offers a reading of the Seventh from the perspective of its association with Wagner’s Meistersinger, which sounds loud and clear in the Finale, and in a more subtle way in other movements. While the Meistersinger reference has been duly noted, the question of the nature and function of this allusion at the core of the symphony has not been explored in depth. First, this chapter argues that Mahler’s clear gesture toward Meistersinger in the Finale prompts the listener to hear other elements throughout the whole symphony in relation to Wagner’s opera. Mahler’s use of quartal harmony in the first movement, for example, resonates with a particular passage in Meistersinger Act II. Second, the connections between these two works crystallize around the character of Beckmesser, the pedantic critic who initially claims to know what makes art meaningful, but whose own music is ultimately perceived as meaningless.
Why “Sex Work” Cannot Be Understood as Just Another Form of “Work”
Authors: Jessica Flanigan
Published: November 2019

Watson critically engages with the often-repeated argument that “sex work is work like any other form of work.” Advocates of this argument rely upon it as a basis for either decriminalization or legalization. Watson dismantles this claim by showing that where sex is the “service,” occupational health and safety standards applicable to every other form of work cannot be met. Further, the various ways in which persons in prostitution may be thought of as “workers” is explored and arguments are given that relevant legal standards in the context of discrimination laws and employment laws cannot be met in the context of “sex work.” Thus, the burden of argument falls on advocates of decriminalization to legalization to argue for a series of exemptions from generally applicable laws. However, such exemptions are unwarranted, do not achieve their aims, and would require institutionalizing inequality for persons in prostitution.
The History of the Pill
Authors: VanSickle-Ward Rachel , Wallsten Kevin
Published: November 2019

Chapter 2 places current debates about contraception policy in a broader historical context. By examining Margaret Sanger’s and Katherine McCormick’s advocacy, John Rock’s and Gregory Pincus’s development of hormonal birth control, and the Supreme Court’s assertion of a constitutional right to privacy, this chapter highlights the ways in which legal regulation of reproduction is rooted in more fundamental struggles over whose expertise is valued and whose voice is heard. More generally, the analysis presented in this chapter illustrates that religion, economics, race, and women’s autonomy have informed public discourse surrounding reproductive issues since the earliest days of America’s long national conversation about birth control. In short, this chapter lays the foundation that animates the rest of the book: Who speaks? What do they say? Does it matter?
Contraception Coverage Policy in the States
Authors: VanSickle-Ward Rachel , Wallsten Kevin
Published: November 2019

Chapter 3 analyzes the dynamics of contraceptive policymaking at the state level. Long before the federal government required health insurance providers to cover the costs of birth control under the Affordable Care Act, twenty-eight states adopted their own policies mandating coverage of prescription contraceptives. This chapter considers the political, religious, and ideological factors that shaped the passage and content of this diverse group of state-level policies, with a particular focus on the impact of women officeholders. The analyses reveal that the gender and partisan composition of state legislatures exerted a strong influence on whether state governments enacted contraceptive mandates between 1998 and 2009. The chapter also shows, however, that women’s power to shape state-level contraceptive mandates was not consistent across institutions or across different aspects of the policymaking process. Having a woman governor, for example, had no effect on the passage or content of laws requiring insurance coverage of contraception.
Contraception Coverage Policy in Congress
Authors: VanSickle-Ward Rachel , Wallsten Kevin
Published: November 2019

Chapter 4 traces the trajectory of competing policy frames in congressional debates over the Affordable Care Act (ACA). Although the ACA was not the first attempt to ensure contraceptive coverage, it was easily the most visible, sweeping, and significant. Utilizing content analysis and in-depth interviews with policymakers, this chapter shows that the debate over contraceptive regulation in the ACA shifted course over time—from being predominantly about health care at the start to being predominantly about religious freedom after the law’s passage. Additionally, the analyses presented in this chapter suggest that a policymaker’s gender was far more important than their partisanship in shaping how they chose to frame issues related to contraception under the ACA. Taken together, these findings reveal the dramatic extent to which rhetoric about the ACA’s contraception requirements was dynamic (rather than static) and shaped by gender.
Media Frames
Authors: VanSickle-Ward Rachel , Wallsten Kevin
Published: November 2019

Chapter 7 explores the ways in which the Affordable Care Act’s contraceptive mandate was framed in newspaper coverage between August 1, 2011, and August 1, 2012. After demonstrating that news reports framed the birth control mandate as a religious issue more frequently than an economic, women’s rights, or health issue, this chapter then assesses the impact that an author’s gender and the gender of quoted sources had on an article’s dominant frame. The chapter demonstrates that female journalists employed gendered frames (i.e., women’s health, reproductive rights, and morality) in their reporting far more often than male journalists. Additionally, this chapter shows that female reporting exerted an indirect influence on news frames by increasing the proportion of women quoted in articles about the contraception mandate. Put simply, allowing women to write and speak made a profound difference in how the media covered contraception policy.
The Politics of the Pill: Looking Forward
Authors: VanSickle-Ward Rachel , Wallsten Kevin
Published: November 2019

Chapter 10 synthesizes the empirical evidence presented in preceding chapters and explains the significance of these findings for women’s voices in political debate more broadly. More specifically, this chapter marshals the data described in chapters 2 through 9 to answer the three central questions posed in the beginning book: Who speaks? What do they say? Does it matter? This chapter argues that the presence or absence of female politicians, reporters, activists, and judges has dramatic consequences for the timing, tone, and trajectory of public debates and policy outcomes on birth control. Additionally, this chapter considers how lingering debates over contraception coverage, and the persistent disparities in who speaks and who is heard, will inform our expectations about gender and politics in the years to come.
Genocide and the Male Warrior Psychology
Authors: Tratner Adam , McDonald Melissa
Published: November 2019

Is the capacity for genocide “hard-wired” into the evolved psychology of our species? Using perspectives from evolutionary psychology, this chapter discusses and provides evidence for the evolved psychological underpinnings of intergroup violence and outlines how sexual selection may have prompted the evolution of psychological mechanisms that facilitate intergroup violence, particularly among men. For ancestral humans, participating in strategic intergroup violence may have allowed men to enhance their reproductive fitness, thereby inducing selection pressures for psychological mechanisms that produce cognitions, affect, and behaviors that promote intergroup violence under specific circumstances. This chapter emphasizes how these psychological mechanisms may interact with features of our modern environment, such as social, cultural, and political factors, to produce genocide.
Understanding and Counteracting Genocide Denial
Authors: Bilali Rezarta , Iqbal Yeshim , Freel Samuel
Published: November 2019

Denial of genocide and other forms of mass violence is the most common response to confrontation with in-group atrocities. Denial is detrimental to peace, reconciliation, and justice. In this chapter the authors provide a social psychological analysis of genocide denial and review the nature of denial as well as the collective (e.g., group and conflict narratives) and individual-level (e.g., in-group identification, ideology) processes that perpetuate it. Then, the second part of the chapter provides an overview of strategies to address and counteract denial of atrocities. These include confrontational strategies (specifically, introducing factual information about the atrocity, introducing information about moral exemplars, and perspective-taking/engaging with out-group’s narrative) and nonconfrontational strategies (interventions targeting genocide construal in general, lay theory interventions, and affirmation strategies). The authors discuss the potential and possible drawbacks of each strategy to effectively reduce denial and discuss avenues for future research.
Why Do People Become Perpetrators of Genocide?
Authors: Tang Ying , Newman Leonard S.
Published: November 2019

Explanations of the behavior of genocide perpetrators—and evildoers in general—are not always well received. Social scientists condemn evil, but they also seek to understand and explain it. However, explanations of wrongdoing in terms of general principles of human behavior can strike many people as a way of making excuses for it. Research is reviewed indicating that explaining wrongdoing in terms of situational or contextual factors (i.e., a social psychological explanation) is especially likely to be perceived as an attempt to exonerate the wrongdoer. Research also reveals cultural and individual-level moderators of this tendency. Interactionist accounts trigger less resistance. Psychological accounts of genocide are meant not to absolve perpetrators of responsibility but to inform the prevention of future genocides.
Neoliberal Oligarchy
Authors: Cameron Maxwell A.
Published: November 2019

Practical wisdom in political institutions is threatened by an ideology that is radically hostile to politics as a means to attain common goods. Neoliberalism promotes competition in all spheres of life in order to foster utility maximizing behavior. A major consequence of the resulting failure to balance goods has been the rise of inequality, which has damaged democracy by concentrating wealth and power in the hands of the rich, by reinforcing the power of corporations, which are incapable of good citizenship, and by increasing the corrupting influence of money in politics. Aristotle warned that oligarchies emerge when the rich hold power and govern only for themselves, and this tendency has been a conspicuous feature of politics under neoliberalism.
Thinking With and About Rhythm
Authors: Hasty Christopher
Published: November 2019

This chapter argues for a construction of the word “rhythm” that might contribute to ways of thinking and speaking about music that would validate the activity, the on-goingness, and the actuality of musicing. If discourse about music is connected to music, and if nothing—neither words nor concepts—escapes time, then talk of rhythm is itself not without or outside rhythm. Following an exploration of several allied terms (“event,” “duration,” “dimension”), the argument turns to sonic examples and concludes with a detailed analysis of the first phrase of the “Pleni sunt coeli” from Josquin des Prez’s Pange lingua mass.
Formative Processes of Durational Projection in “Free Rhythm” World Music
Authors: Roeder John
Published: November 2019

Recent theories of meter have been enriched by consideration of the time cycles and nonisochronous beats found in many musical cultures. However, these theories do not apply to music in which pulse is irregular. In many instances of this sort of “free rhythm” found throughout the world, durations can still be measured, but in relation to immediately preceding durations rather than to a persistent metric grid. Christopher Hasty’s theory of durational projection addresses just this situation. This chapter applies it in analyses of a Persian āvāz, a flute solo from Papua New Guinea, and an ālāp performed by sitarist Budhaditya Mukherjee. The guiding question is not whether there “is” meter or what that meter “is,” but how durational projections guide perception of process, pitch structure, and form, and so can be incorporated into coherent narrative that attributes purpose to the specific free rhythms in extended passages of music.
An Approach to Musical Rhythm in Agbadza
Authors: Locke David
Published: November 2019

The musical rhythm of Agbadza is analyzed as dynamic and multideterminant, that is, as emerging from the interaction of many different musical factors including dance, metric structure, and the accentuation and grouping of the parts in the drum ensemble (bell, handclap, rattle, and support drum). Response drum and lead drum parts are analyzed for accentuation and rhythmic motion; the singing of Agbadza is studied in terms of melodic motion, design of phrases, and call-and-response form. The temporal relationship of songs to instrumental music is examined. By integrating the performance modalities of dance, song, and drumming within a holistic, ethnographically informed analysis of musical rhythm, the chapter models a method for documenting and understanding traditions of African performance art.
Introduction
Authors: Kulezic-Wilson Danijela
Published: November 2019

The introduction argues that blurring the line between score and sound design represents an important new trend in contemporary soundtrack practice. It contends that the one factor that connects all the different cultural, aesthetic, and technological influences, and all manifestations of the present shift in practice, is a musical approach to film soundtrack conceived as an integrated whole. The chapter explains how the notions of an integrated soundtrack and the musicality of the soundtrack relate to this trend and looks at how they have been addressed in the existing literature. This chapter also provides an outline of the content, arguing for an approach that addresses the interdependency of intellectual, affective, and sensory stimuli in the film experience.
Scoring with Sound, the Aesthetics of Reticence, and Films of Peter Strickland
Authors: Kulezic-Wilson Danijela
Published: November 2019

Chapter 3 focuses on methods of replacing diegetic sound with electroacoustic music and/or musique concrète, or their seamless merging, arguing that they represent a significant development in the practice of erasing the line between score and sound design. The main case studies—Katalin Varga and Berberian Sound Studio—come from the work of British director Peter Strickland, whose methods of “scoring with sound design” are informed by his interest in avant-garde and experimental music. Connecting Strickland’s methods with a growing tendency among some filmmakers to reject the conventions of traditional scoring and its values of passive spectatorship, this chapter introduces the aesthetics of reticence as a conceptual framework embraced by artists who encourage the audience’s active intellectual and emotional engagement with the text.
Syriac
Authors: Minov Sergey
Published: November 2019

The corpus of Jewish literature of the Second Temple period is represented in the Syriac tradition by biblical pseudepigrapha (especially of apocalyptic genre) and Josephus. The extant Syriac manuscripts containing these documents belong to the period spanning the sixth to the twentieth centuries. Like the majority of not originally Syriac writings, many texts in the corpus under discussion have been translated from Greek. Some of these texts have been preserved uniquely in Syriac, while others have parallel versions in other languages of Christian Orient. Some texts must be faithful renderings of ancient originals. Other texts in their present form are products of late antique or medieval reworking in Greek or Syriac. Differentiating between ancient and medieval, as well as between Jewish and Christian, materials is not always easy.
Christian Arabic
Authors: Reeves John C.
Published: November 2019

Christian Arabic literature represents an enormous corpus of biblically affiliated lore which remains remarkably underexploited by most modern scholars of Jewish apocryphal and pseudepigraphical literature. The present chapter focuses primarily on some textual examples culled from the popular and influential universal histories produced by Christian writers Eutychius (Sa‘īd b. Biṭrīq) of Alexandria (d. 940), Agapius (Maḥbūb b. Qusṭanṭīn) of Manbij (d. c. 950), and the Arabic version of the so-called secular history of the justly celebrated Bar Hebraeus (Abu’l-Faraj b. al-‘Ibrī, d. 1286). It is hoped that the present chapter will stimulate further comparative work and contributions to this important field of study.
General Processes of Development
Authors: Miller Scott A.
Published: November 2019

Parents hold beliefs not only about specific aspects of their children’s development (the focus of most of the remaining chapters) but also about the general processes through which such developments come about. So, too, do developmental psychologists. This chapter addresses the fit between what parents believe and what psychologists have concluded, concentrating especially on two issues. The nature–nurture issue concerns the interplay of biological and environmental factors in the determination of development, including beliefs about the relative importance of the two forces and about particular environmental contributors, including parents. The continuity–discontinuity issue concerns the extent to which psychological functioning is characterized by consistency or change. As applied to development, the question is whether developmental change is a matter of incremental, quantitative change or whether qualitative change also occurs. As applied to children’s competencies and characteristics, the question is whether children’s behavior and the rules that govern it are consistent or variable across different tasks and different contexts.
Infancy
Authors: Miller Scott A.
Published: November 2019

This chapter is the first of four to address beliefs about particular parts of the developmental span. It begins with work on parents’ knowledge of infancy, both infancy in general (e.g., milestones of development) and their own infant in particular. The middle section of the chapter considers parental beliefs and related behaviors with respect to three infant behaviors that often pose challenges for parents: crying, sleeping, and eating. The chapter concludes with a discussion of two major outcomes of development that have their origins in infancy: attachment and temperament. Here, and in general, parents play two roles in the research literature: as informants of their children’s characteristics (i.e., parent-report measures) and as contributors, via their beliefs and behaviors, to these characteristics.
Adolescence
Authors: Miller Scott A.
Published: November 2019

This chapter completes the developmental span with a discussion of parents’ beliefs about adolescence. Parents’ knowledge of adolescence is the first topic addressed, with a special focus on parents’ knowledge of their adolescent’s activities. Parental knowledge is also a theme in the second section of the chapter, which discusses risky behaviors of various sorts (substance abuse, unprotected sex, delinquency). The third section of the chapter considers parent–child conflict, and the fourth discusses parents’ beliefs and practices with regard to the Internet. The chapter concludes with a discussion of three positive achievements of adolescence: romantic relationships, civic engagement, and ethnic identity.
Atypical Development
Authors: Miller Scott A.
Published: November 2019

This chapter considers deviations from the normal developmental path of two sorts. The first section of the chapter addresses childhood clinical syndromes that impact both children’s development and parents’ beliefs. Three syndromes are discussed: intellectual disabilities, attention-deficit hyperactivity disorder (ADHD), and autism spectrum disorder (ASD). The second section of the chapter addresses deviations in the parent component of the parent–child dyad, considering both clinical conditions (in particular, depression and schizophrenia) and maladaptive parental practices (in particular, abuse or neglect). It also discusses the concept of resilience; that is, the ability of some children to overcome adverse early experiences.
Defining Familiarity and Overview of Concepts
Authors: Pozzulo Joanna
Published: November 2019

This chapter discusses the familiarity construct, current definitions of familiarity in the field, as well as real-life cases in which the defendant was considered familiar to the eyewitness/victim. The current dictionary definition of familiarity is discussed in comparison to how people subjectively perceive familiarity. Differing definitions and considerations of how familiarity may be operationalized are considered and discussed thoroughly in this chapter—for example, subjective feelings of familiarity, prior exposure to an individual, length of exposure, celebrity status and feelings of familiarity, yearbooks, personal interaction and its role in familiarity, and revealing personal information about one’s self. The chapter concludes with summaries of real-life cases involving a familiar-stranger and provides a suggestion for why familiarity has been ignored in the eyewitness literature.
Empire's Legacy
Authors: Veugelers John W.P.
Published: November 2019

Building on the idea of latent political potential, this book offers an alternative interpretation of the contemporary far right. Its main thesis is that relations between colonizers and colonized implanted a legacy that, under certain conditions, translated into support for the far right in France. To make this argument, the book offers a model for the study of political potentials that combines a situational approach to identity relations, a networks approach to subcultural practice, and a historical approach to political opportunity. The early part of this book traces the origins and development of this potential among the European settlers of French Algeria. The middle part examines its transmission via voluntary associations and its channeling into mainstream parties. The latter part examines the conditions under which this potential redirected into the far right. Starting with colonial Algeria, after independence in 1962 the book moves between politics at three levels: France, the southeast region, and Toulon (which in 1995 became the largest city in postwar Europe to elect a far-right administration). Complementing economic explanations for nativism, this book argues that our understanding of modernity errs when it disregards the potency of anachronistic remnants.
The Unmaking of the Colony
Authors: Veugelers John W.P.
Published: November 2019

This chapter covers the years between the start of World War II and the end of the Algerian War (1939–1962). The German defeat of France, wartime privations, infighting between Petainists and Gaullists, and the Allied invasion of North Africa diminished the image of the colonizer. The French repressed Algerian nationalism, but this only bought time. During the Algerian War, the Europeans set aside old left-right differences in uniting politically. Their relations with the Muslim population became not only more poisoned but also overlaid with fresh fears, resentments, and stereotypes. Algerian independence transformed the settlers into losers of decolonization and the Fifth Republic.
Building a Base for the National Front
Authors: Veugelers John W.P.
Published: November 2019

This chapter traces the origins and development of the far right under the Fifth Republic. Without discounting older roots in the interwar Ligues, the followers of Marshall Pétain, and the anti-tax movement of Pierre Poujade, it brings out the importance of the political battle for French Algeria. Uniting anti-communists and anti-Gaullists, it revitalized the French far right and paved the way for the creation of the National Front in 1972. After tracing the far right’s reaction to May ’68 and to the success of the neo-fascists in Italy in the early 1970s, the chapter reviews the early history of the National Front, and (against economic patterns) provides an alternative explanation for its electoral breakthrough in the 1980s.
Transmitting a Far-Right Affinity
Authors: Veugelers John W.P.
Published: November 2019

This chapter examines the linkages between voluntary association, political patronage, and extremist politics. Post-election surveys conducted in Toulon after the presidential and parliamentary elections of 2002, 2007, and 2012 show that patriotic associations insulate their members within a subculture that nurtures support for the far right. This confirms the notion that associations that discourage cross-cutting social ties are not schools for tolerance. In addition, the chapter documents the prevalence of political patronage for voluntary associations. This undermines the autonomy of civil society from the state; and suggests that, indirectly, the state has helped to a support milieu that harbors a far-right potential.
The Persian Mirror
Authors: Mokhberi Susan
Published: November 2019

The Persian Mirror explores France’s preoccupation with Persia in the seventeenth century. Long before Montesquieu’s Persian Letters, French intellectuals, diplomats, and even ordinary Parisians were fascinated by Persia and eagerly consumed travel accounts, fairy tales, and the spectacle of the Persian ambassador’s visit to Paris and Versailles in 1715. Using diplomatic sources, fiction, and printed and painted images, The Persian Mirror describes how the French came to see themselves in Safavid Persia. In doing so, it revises our notions of Orientalism and the exotic and suggests that early modern Europeans had more nuanced responses to Asia than previously imagined.
Persia
Authors: Mokhberi Susan
Published: November 2019

Translations of Persian texts, fairy tales, and paintings reveal how French writers reinvented Persia to suit their own notions. French translations in the seventeenth and eighteenth centuries were often more like adaptations with many fabricated elements rather than strict translations. Works by André du Ryer and François Pétis de la Croix, for example, could suggest a civil, polite, and courteous yet magical Persia. Charles Le Brun’s painting “The Queens of Persia at the Feet of Alexander” presented Persia as a complement to the ideal princely virtues that Louis XIV wished to project. The painting and tales established Persia as a match for French polite conduct, refinement, and royal behavior.
Against All Odds
Authors: Mokhberi Susan
Published: November 2019

Attempts at diplomatic outreach encouraged France’s connection to Persia in the late sixteenth and early seventeenth centuries. The descriptions of the French embassy to Persia between 1706 and 1708 reveal the challenges that the ambassador, Pierre-Victor Michel, faced navigating Persian political factions and dealing with a French rival, a woman named Marie Petit. Michel’s memoirs outline his efforts to find common tools of negotiation between France and Persia. For Michel, the Safavid government paralleled French monarchy, and he was able to find shared notions upon which he and his Persian hosts managed to draft a treaty concerning commercial and religious affairs.
Deaf Identities: A Maturing Framework
Authors: Leigh Irene W.
Published: November 2019

This chapter provides a brief historical overview of how deaf identities have evolved. Emphasis is placed on the role psychology has played in expanding investigations into the nature of deaf identities and how these identities impact the lives of deaf people. Included is a description of what identity in general and deaf identities specifically represent and how these deaf identities have been categorized in the literature. This sets the stage for the need to incorporate perspectives of deaf identities as conceptualized by academic disciplines other than psychology in order to strengthen the literature on deaf identities. The chapter concludes with descriptions of each chapter and a call to action in researching deaf identities in less-explored multidiverse groups of deaf people.
Deaf and Queer at the Intersections: Deaf LGBTQ People and Communities
Authors: Miller Cara A. , Clark Kyle Amber
Published: November 2019

The issue of sexual orientation in conjunction with deaf identities has not been extensively studied. In this chapter, a clinical psychologist and a licensed professional counselor, both of whom are deaf, have canvassed current literature to provide the reader with an overview of this topic. They intricates on how LGBTQ identities become socially medicalized and minoritized, how development of these identities occurs, the diversity as well inequity within this multifarious and electric group of individuals, the multiple oppressions experienced by many LGBTQ who are Deaf or hard of hearing, and the intersectional issues especially confronted by certain Deaf LGBTQ groups, including people of color and transgender youth and adults. They rely on the lenses of social justice and intersectional analysis to buttress their points.
Looking Through the Kaleidoscope: A Metaphor for Convergences of Identities
Authors: Hackett Denise Thew
Published: November 2019

This chapter dives into the exploration of how identities and the variables contributing to these identities converge. The author, a deaf counseling psychologist, uses the kaleidoscope as a metaphor to illustrate this process. She describes her own identity exploration as a deaf woman, including the ways that personal and professional identities have been influenced by multiple variables interacting with each other as illustrated by the movement of the various elements of the kaleidoscope. To broaden her understanding of her life journey, she relies on acculturation and intersectional theories and outlines how these theories fit with her experiences. She also examines the implications of deaf identity formation for psychological well-being.
Engaging with Forst’s Right to Justification
Authors: Corradetti Claudio
Published: November 2019

This chapter engages with Forst’s treatment of justification and how this relates to a fundamental ‘duty’ to justification. It raises doubts on the equation that he establishes between the unconditionality of a Kantian moral imperative and the pretense of unconditionality of the duty to justification. As a result, it contests that the right to justification stands as a ‘fundamentum inconcussum’ of a justificatory theory of justice, and suggests that the Kantian account takes the justification of morality and law as elements of a cooperative scheme of justice. It argues that at times, Forst’s moral grounding of justice might raise concerns with a truly post-metaphysical doctrine of justice.
Republicanizing Rights?
Authors: Daly Eoin
Published: November 2019

This chapter contends that the republican argument against judicial review is misplaced, illustrating this argument by reference to the doctrine of proportionality. Whereas constitutional rights are often understood as placing fixed limits on politics, transcending historical and political contingencies, the doctrine of proportionality in particular enables the understanding of constitutional adjudication as accounting for the instability, the contestability, and even the indeterminacy of rights. In short, the doctrine is consistent with an understanding of rights as falling within the ‘circumstances of politics.’ In particular, constitutional rights can be understood not as guaranteeing spheres of presumptive immunity for particular kinds of activities presumed as essential to human dignity or autonomy, but rather as requiring public authorities to provide special kinds of justifications for specific kinds of acts (just as Forst, in particular, suggests).
Constitutionalism and Justice
Authors: Harel Alon
Published: November 2019

This chapter is founded on the conviction that legal institutions and legal procedures are not mere means to achieve some desirable contingent outcomes: the protection of rights, the flourishment of democracy, coherence, and stability, and so forth. Instead, often institutions which are typically justified on these grounds are valuable as such. More specifically, it argues that constitutionalism can be justified not merely as a contingent means to bring about justice (or other desirable ends) but as a necessary component of a just polity. This chapter disputes the methodological starting point of what has been labelled in the past as ‘instrumentalist constitutionalism’ and defends robust constitutionalism. This chapter is organized as follows. Section II exposes some of the difficulties in traditional constitutional instrumentalism. Section II defends two aspects of constitutionalism on non-instrumentalist grounds: binding constitutional directives and judicial review.
The Concepts of Non-Domination and Justification in EU Security-Related Context
Authors: Herlin-Karnell Ester
Published: November 2019

This chapter explores the implications of a non-domination oriented view for understanding EU security regulation. It asks how the non-domination template fits the constitutional legal model, and what it adds for the understanding of the establishment of an ‘Area of Freedom, Security and Justice’ in the specific case of the European Union. The concept of non-domination is commonly seen as one of the most central concepts in republican theory. Therefore, this chapter looks at the relationship between coercion, which is the common term in legal vocabulary for describing force, and the concept of domination in political theory as such. It also discusses the implications of non-arbitrariness and the right to justification in a new security-related context. Specifically, this chapter links the question of security regulation to the longstanding debate in political theory on the connection between freedom and non-domination and to the constitutional debate on the formation of security regulation in Europe.
Introduction
Authors: and Hill
Published: November 2019

Once regarded as a threat in the distant future, the impacts of climate change are now daily new stories. The introduction defines resilience and argues that resilience is urgently needed in the United States and other places to enable communities to cope with the climate impacts they are already experiencing, as well as with future impacts. Building resilience is not a substitute for reducing greenhouse gas emissons, but it can blunt some of the worst impacts, save lives, and protect the most vulnerable in society. Insufficient progress in cutting emissions has made the resilience imperative all the more urgent. The introduction, lastly, explains the authors’ motivations for writing the book and provides an overview of ten lessons essential for advancing climate resilience.
Regulating New Weapons Technology
Authors: Crootof Rebecca
Published: November 2019

When confronted with a new weapons technology, international law scholars, military lawyers, and civil society activists regularly ask two questions: Are new regulations needed? Are they needed now? This chapter reviews the main categories of technology-fostered legal disruption; tackles the question of whether a given technology will require new law; and weighs the respective benefits of precautionary bans, a wait-and-see approach, and proactive regulation.
Leveraging Emerging Technology for LOAC Compliance
Authors: Jensen Eric Talbot , Hickey Alan
Published: November 2019

Many of the current issues with the Law of Armed Conflict (LOAC) compliance are rooted in the limitation that parties to an armed conflict are only required to do what is “feasible” to protect civilians and civilian objects during hostilities. This would, of course, apply to the employment of emerging technologies. However, an understanding of feasibility that is enlightened by the use of emerging technologies will dramatically increase the effectiveness of steps which parties to an armed conflict can take to protect the civilian population. Further, the effectiveness and ease of application of these emerging technologies should be reflected in what the international community accepts as feasible actions by the parties to an armed conflict.
I’M SCREEEEEEEEAMING!!!!
Authors: Hart Adam Charles
Published: November 2019

Chapter 2 looks at jump scares and the fad of “screamers” found across the internet: brief videos or gifs designed to cause an unsuspecting browser to scream and jump. They appeared when jump scares were ascendant within the horror genre thanks to video games; screamers’ online popularity led to importation into the cinema through films such as the Paranormal Activity series. The chapter develops the importance of shock to the horror genre and the similarities between engagement across mediums. Shock is a challenge to viewer/browser/gamer mastery and self-control. Screamers offer the opportunity to reassert one’s own self through repetition and sharing, showing how similar processes are central to the experience of horror film viewing and gameplay. It discusses “elevated horror” and the tendency to disparage sensation in opposition to traditional virtues of narrative cinema. The chapter’s counterpoint for this assumption is with close readings of “elevated” horror films, The Witch (2015) and The Babadook (2014).
Understanding Public Opinion on Sanctuary Cities
Authors: Collingwood Loren , O’Brien Benjamin Gonzalez
Published: November 2019

Up until relatively recently, little public polling on sanctuary cities has taken place. That has changed as these policies have become points of conflict between federal and state/local governments. This chapter analyzes public opinion polls in two states with a significant stake in the sanctuary debate, California and Texas, to better understand how partisan and racial learning affect support for sanctuary policies. This chapter shows that both Democrats and Republicans have increasingly “learned” the correct position on sanctuary policies based on their partisan identification, which is the strongest predictor of support or opposition to sanctuary policies. Further, the chapter shows that opposition to sanctuary cities are strongest in areas undergoing rapid Latino growth not in high-crime areas.
Legislative Expression: Sanctuary Policymaking in the U.S. States
Authors: Collingwood Loren , O’Brien Benjamin Gonzalez
Published: November 2019

While sanctuary policies have traditionally been passed by cities and counties rather than states, this situation has shifted in recent years with both California and Oregon embracing their identity as “sanctuary states,” while in Texas SB4 was signed into law, officially banning sanctuary legislation across the state. This chapter examines the factors that increase the likelihood that state legislators will introduce pro- or antisanctuary legislation. We find that racial threat activated by an increasing minority population, the ideology of the state and its voters, and the structure of state institutions all increase the likelihood of pro/anti-sanctuary legislation being introduced at the state level.
Librarians and Collectors Go to War
Authors: Peiss Kathy
Published: November 2019

The OSS sent librarians and scholars to outposts in Stockholm, Lisbon, and other neutral cities to spearhead a vast collecting and microfilming operation. They acquired enemy newspapers, scientific journals, resistance pamphlets, and other types of open-source intelligence. Crossing paths with spying allies, enemy provocateurs, booksellers, and gossips, the librarians turned into intelligence agents, who used their professional skills in a dangerous information economy. Publications came to have value and meaning as intelligence. The OSS librarians confronted the problem of information overload as thousands of microfilm reels arrived in Washington. Through classifications, indexes, abstracts, and full-text translations, work done not by computers but by women and émigrés, they pioneered applied techniques of information science.
The Wild Scramble for Documents
Authors: Peiss Kathy
Published: November 2019

Intelligence gathering and assessment took on increased importance after D-Day. OSS librarians and information specialists were now part of a military operation as members of US Army documents teams called T-Forces. They scoured targets for operational or strategic information, records documenting German war crimes, and scientific reports. Books and other publications were often swept up in these collecting efforts. POW interrogations provided information about the removal of endangered German collections, many of which were found by Allied troops in caves and mines. The army teams and OSS agents engaged in mass confiscations and removals, even of materials with few intelligence-related uses. Americans distinguished their behavior from Nazi pillaging and Soviet trophy loot, respecting university and public research libraries and rescuing European cultural heritage. Despite ethical questions, the logic of collecting extended to books, periodicals, and even whole libraries.
Acquisitions on a Grand Scale
Authors: Peiss Kathy
Published: November 2019

After the war, the new Librarian of Congress Luther Evans worked with State and War Department officials on a plan to send library agents to Europe. The agents would acquire every book published in Germany and occupied countries and distribute them to American research libraries. The Library of Congress Mission to Europe was a unique collecting effort that acquired 1.5 million books, periodicals, and other materials. Initially a book-purchasing plan, it evolved into an industrial-scale acquisitions program under the American military government in Germany. It seized works from research institutes, specialized libraries, and Nazi collections, helped US Army document centers screen confiscated works, and acquired materials deemed to have no intelligence value. In its short existence, the mission embodied a new commitment among American research libraries, that large international collections were necessary to serve the national interest.
Fugitive Records of War
Authors: Peiss Kathy
Published: November 2019

Although most research libraries accepted their reliance on the government-sponsored Library of Congress Mission, the Hoover Institution and Library on War, Revolution, and Peace did not. Its founder Herbert Hoover used the influence and reach of a former president to enable a private institution to operate where others were barred. Although eventually the Hoover Library won an authorized spot on the LCM, it largely operated in the shadows of the American military government. It drew upon an overlapping informal network of collectors, war correspondents, and intelligence agents to operate within the gray market for information in a defeated nation. These operations briefly came under scrutiny when one acquisition, The Goebbels Diaries, was published. Despite that episode, the library’s wartime collecting mission hastened the growth and prominence of the Hoover Institution as a center for the study of global politics, war, and diplomacy.
The Synod of Pistoia
Authors: Blanchard Shaun
Published: November 2019

This chapter examines in detail the Synod of Pistoia (18–28 September 1786) and the Acts and Decrees it promulgated. It follows a topical approach, and considers the reforms that the Jansenist-inspired synod attempted alongside the papal condemnations in the bull Auctorem fidei (1794). The Acts and Decrees were permeated by a Jansenist view of church history that blamed Molinism, the papacy, and the friars for “obscuring” the truth. The chapter then explores Pistoian ecclesiology, and its potent combination of Erastianism, episcopalism, and Richerism. Next, it examines the Synod’s inchoate vision of religious liberty. The last two sections investigate liturgical and devotional reforms that strikingly foreshadow Vatican II. These parallels include simplifying the liturgy and encouraging lay participation in it, pronouncing the Eucharistic canon out loud, promoting the vernacular, encouraging the reception of communion, focusing worship on the altar, contextualizing devotions Christocentrically, and asserting the centrality of lay vernacular Bible reading.
The Spirit of Pistoia
Authors: Blanchard Shaun
Published: November 2019

This chapter examines the reception of the Synod of Pistoia and the failure of Riccian reform. It details Ricci’s and Peter Leopold’s strategies after the Synod, and the rejection of Pistoianism by most of the Tuscan bishops at the Episcopal Assembly in Florence in 1787. The chapter argues that the swift downfall of Pistoianism in Tuscany was the direct result of the imprudence of some of Ricci’s reforms. The reception of Pistoianism throughout Italy and in France, Spain, and the German-speaking world is then explored. Papal rejection in the bull Auctorem fidei, and the considerations of the committee which prepared it, are examined. The final part of the chapter evaluates Riccian reform and the Synod of Pistoia from the perspective of Yves Congar’s four conditions for true reform in the Church, and argues that despite many positive elements, the Pistoian movement fails three of these four conditions.
The Ghost of Pistoia
Authors: Blanchard Shaun
Published: November 2019

This chapter shows that the Synod of Pistoia was a “ghost” on the council floor; that is, a key moment in the Church’s collective memory that influenced the drafting of texts and the subsequent debate over them. The first section briefly traces the legacy of Auctorem fidei and the Pistorienses from the death of Ricci (1810) to the eve of Vatican II. In the increasingly ultramontane nineteenth-century, the memory of the infamous Pistoians was evoked in a range of ecclesial documents. Auctorem fidei was firmly established as a bulwark of ultramontane thought. The second section surveys the many contexts in which Auctorem fidei was cited in Vatican II draft documents. The third section thoroughly analyses six evocations of Auctorem fidei during the debate on episcopal collegiality. These evocations constitute the most detailed discussion of an eighteenth-century doctrinal document at the Council, and prove that Pistoia was a “ghost” in the Aula.