bluuebunny/crossref_metadata_2025 huggingface dataset:
Possession and Title to Chattels
Authors: Rostill Luke
Published: March 2021

This chapter considers the nature of the title that is acquired through taking possession of a chattel. It argues that the possessor acquires a general property interest in respect of the chattel. This is an alienable proprietary interest that is capable of lasting forever, will survive a loss of possession, and includes a right to exclude the world at large. The chapter explains that this argument is compatible with (a) the law concerning the jus tertii; and (b) the rule that a possessor must be presumed, for certain purposes, to be the ‘absolute and complete owner’ of the chattel, unless a person with a better right can be identified.
Why I Am Not a Dualist
Authors: Bennett Karen
Published: March 2021

cI argue that dualism does not help assuage the perceived explanatory failure of physicalism. I begin with the claim that a minimally plausible dualism should only postulate a small stock of fundamental phenomenal properties and fundamental psychophysical laws: it should systematize the teeming mess of phenomenal properties and psychophysical correlations. I then argue that it is dialectically odd to think that empirical investigation could not possibly reveal a physicalist explanation of consciousness, and yet can reveal this small stock of fundamental phenomenal properties and psychophysical laws. I go on to consider a couple of different forms the dualist’s laws could take, and argue that one version makes no progress on the hard problem of consciousness, and the other replaces the hard problem with a different problem that is just as hard.
Problems with Other Interpretations of Locke’s Account of Identity
Authors: Boeker Ruth
Published: March 2021

This chapter contrasts the kind-dependent interpretation with other interpretations that have dominated the secondary literature on Locke’s account of identity and aims to offer further support for why his approach to questions of identity is best interpreted as kind-dependent. It shows that alternative interpretations are often based on metaphysical assumptions that Locke would be reluctant to endorse. The chapter pays particularly close attention to disputes between defenders of coincidence and Relative Identity interpretations of Locke. The disputes are commonly traced back to a disagreement about the question of how many things exist at a particular spatiotemporal location. Rather than siding with one position, the author’s strategy is to identify problems that arise for both types of interpretations, and to show how the kind-dependent interpretation avoids them. Moreover, she argues that other interpretive options such as four-dimensionalism or mode interpretations are also based on questionable metaphysical assumptions.
Locke and his Early Critics and Defenders: Moral and Religious Differences
Authors: Boeker Ruth
Published: March 2021

This chapter focuses on Shaftesbury’s and Hume’s responses to Locke’s account of persons and personal identity. Both philosophers generally share Locke’s metaphysically agnostic views, but disagree with Locke on moral and religious grounds. By contrasting their moral and religious views we can see how their different moral and religious views shape their thinking about persons and personal identity and understand why Shaftesbury and Hume develop views that differ from Locke’s. The chapter pays particular attention to how Shaftesbury and Hume each criticize psychological accounts of personal identity and what role their underlying moral and religious views play. Moreover, both philosophers reject moral theories grounded in divine law like Locke’s. Since Locke’s account of moral personhood can be separated from his psychological account of personal identity, it is interesting to ask how philosophers who do not share Locke’s moral views approach or can approach moral personhood.
Rainer Maria Rilke
Authors: Hofmann Michael
Published: March 2021

One doesn’t think of Rainer Maria Rilke as writing poems on sociological or documentary themes, on subjects that might otherwise reside in newspapers and books of social history, anything like emigration or poverty or unemployment. To some extent, one would be wrong. From the vantage point of a Swiss-managed Neapolitan luxury hotel, the poet describes the phenomenon of industrial-strength emigration from Southern Italy at the opening of the twentieth century. Is this an exercise in the macabre, the heartless, or something somehow strangely prophetic of Rilke’s own future career?
Causation
Authors: Simester A P
Published: March 2021

This chapter focuses on causation. Causation doctrines govern the connection between a person’s behaviour and the consequence elements, if any, of an offence. They articulate the paradigm route by which responsibility for those consequences can be ascribed to the person. The chapter provides an account of causation in the criminal law that points toward some natural-world property that it (in part) rests upon, and which shows how that property is capable of bearing the moral freight that causation doctrines must carry. The account seeks to reconcile the tension between pre- and post-legal notions of causation, finding a place for the law’s morally sensitive causation doctrines. In so doing, it helps to explain what criminal and tortious causation must have in common, and where space exists for their causal doctrines to diverge. Finally, the chapter sets out three major threads of causation: direct causation, indirect causation, and causation via omissions or other non-interventions.
Complicity
Authors: Simester A P
Published: March 2021

This chapter addresses complicity liability. Complicity doctrine is notoriously difficult, both doctrinally and conceptually, in part because its underlying principles are themselves in tension. The pull of judgements about culpability must be reconciled with the demands of criminalization, and with the need protect the public. Frequently, the approach of the courts has been to focus on the defendant’s culpability. The better approach, it is argued, is to distinguish matters of culpability from those of ascriptive responsibility, and to focus also on the latter. Once this is done, it becomes easier to see the centrality of mens rea in ascribing responsibility for another’s acts. Quite apart from helping to show culpability, mens rea requirements can also mediate the constraints of criminalization, helping to balance the ex ante liberties of the accessory against the rights and interests of others; and ensuring those who do otherwise innocent actions have sufficient notice that their conduct is potentially criminal. The chapter closes by distinguishing between two major categories of participation: aiding and abetting, and joint criminal enterprise.
Strict and Constructive Liability
Authors: Simester A P
Published: March 2021

This chapter reflects on strict and constructive liability. Strict liability is widely thought by scholars to be unjustified in the criminal law. There is, moreover, a broad consensus about why strict liability is wrong: it violates the culpability principle. It leads to conviction of persons who are, morally speaking, innocent. Convicting and punishing those who do not deserve it perpetrates a serious wrong. Thus, strict liability is a misuse of the criminal law—an institution which, because of its moral significance and grave implications for the lives of convicted defendants, should be reserved only for the regulation of serious wrongs done by culpable wrongdoers. The chapter endorses this argument and explores it in more detail. It considers the ‘instrumental’ arguments for and against using strict liability in criminal law. It also distinguishes between stigmatic crimes and quasi-criminal regulations, concluding that persons have a right not to be convicted when blameless. Finally, the chapter argues that there are some crimes containing formally strict liability elements that nonetheless do not violate the culpability principle. These crimes impose not strict but constructive liability.
Unpacking Excuses
Authors: Simester A P
Published: March 2021

This chapter focuses on excuses, which can be usefully subdivided into three categories: rationale-based excuses; hybrid and partial irresponsibility defences; and defensive mistakes. What unites these categories is that each involves some form of excusatory explanation. Broadly speaking, the domain of excusatory explanations ranges over all unjustified acts for which blame is defrayed rather than exempted. Whereas the rationale-based excuses were discussed in chapter 17, it is the second and third categories that are explored here. The chapter sketches various ways in which certain excuses can straddle the line between irresponsibility and rationale-based defences, before turning to discuss defensive mistakes. Regarding the latter, the chapter argues that appeals to the exculpatory power of such mistakes are distinct from appeals to the relevant substantive defence: mistaken self-defence, for example, is a claim of mistake and not a claim of self-defence. Neither are such mistakes analogous to mistakes that underpin a denial of the defendant’s mens rea. Defensive mistakes are a morally distinctive category, and the criminal law should require such mistakes to be reasonable if they are to exculpate.
Russia and Europe’s northern and eastern flanks
Authors: Allen John R. , Hodges F. Ben , Lindley-French Julian
Published: March 2021

What threat does Russia actually pose to Europe’s defence? Russia has become more aggressive since President Putin came to power in 2000. It is modernizing its armed forces and has forged a new strategy of complex strategic coercion. Many Russians see this as necessary because of the enlargement of NATO and the EU and that a critical Russian national interest is to have strong Russian armed forces. However, Russia is also a relatively poor and politically unstable state and the cost of maintaining such an effort in the wake of COVID-19 could prove crippling, which makes Russia potentially dangerous, particularly to its immediate neighbours. There are also many technical and materiel road-bumps on the way to developing the Russian future force Putin likes to imply already exists. Consequently, it is Russian economic weakness and political instability allied to the overbearing cost of the Russian security state that poses the greatest danger to European defence and the prospect of more adventurism, such as the 2014 seizure of Crimea and Donbass from Ukraine.
Could Europe defend Europe?
Authors: Allen John R. , Hodges F. Ben , Lindley-French Julian
Published: March 2021

With the rise of the European Union, many champion a European defence of Europe. These calls have become more siren with President Trump’s criticisms of the European allies and profound tensions in the critical US–German strategic partnership. France has called for European strategic autonomy organized around and focused on the Franco-German defence axis. However, strategic autonomy is a consequence of strategic influence and in the defence domain that means relevant and relative military power. Given post-COVID-19 pressures, the only way such a defence could be realized is via an integrated European defence and a European strategic public–private partnership that goes far beyond that which exists today. And yet, many European states see defence and the use of force as the core of state sovereignty and are unwilling to sacrifice relatively weak force for the sake of the greater good. So, can Europeans defence-innovate? They will have to, and in the form of Permanent Security Cooperation (PESCO) they have a vehicle to make Europeans more defence capable. But, could Europe defend Europe? No, not without profound and radical change.
Dress, Adornment, and the Body in the Hebrew Bible
Authors: Quick Laura
Published: March 2021

Dress, Adornment and the Body in the Hebrew Bible is the first monograph to treat dress and adornment in biblical literature in the English language. Beyond merely filling a gap in scholarship, the book moves beyond a description of these aspects of ancient life to encompass notions of interpersonal relationships and personhood that underpin practices of dress and adornment. I explore the ramifications of body adornment in the biblical world, informed by a methodologically plural approach incorporating material culture alongside philology, textual exegesis, comparative evidence, and sociological models. Drawing upon and synthesizing insights from material culture and texts from across the eastern Mediterranean, I reconstruct the social meanings attached to the dressed body in biblical texts. I show how body adornment can deepen our understanding of attitudes towards the self in the ancient world. In my reconstruction of ancient performances of the self, the body serves as the observed centre in which complex ideologies of identity, gender, sexuality, ethnicity, and social status are articulated. The adornment of the body is thus an effective means of non-verbal communication, but one which at the same time is controlled by and dictated through normative social values. Exploring dress, adornment, and the body can therefore open up hitherto unexplored perspectives on these social values in the ancient world, an essential missing piece in understanding the social and cultural world which shaped the Hebrew Bible.
Antipodean Alice
Authors: Giles Paul
Published: March 2021

This chapter discusses how the Alice in Wonderland prototype developed by Lewis Carroll became influential for writers and artists after 1945. It aligns its treatment of sexuality with what Hans Ulrich Gumbrecht called the ‘frozen time’ of the Cold War era, showing how Australian painter Charles Blackman deployed representations of Alice to project a world in which time was reversed. This is linked to Blackman’s interest in Indigenous culture and to explorations of temporality in the work of English film director Nicolas Roeg. Similarly reflexive representations of time in playwright Jean Genet and film-maker Ingmar Bergman are counterpointed with the absurdist style of composer György Ligeti, whose opera Le Grand Macabre frames Cold War politics within a burlesque setting. This chapter concludes with an analysis of Vladimir Nabokov, also much influenced by Carroll, who in his later fictions seeks explicitly to put time and space into reverse.
Queer Poetic Time
Authors: Giles Paul
Published: March 2021

This chapter argues that the representation of ‘queer’ time in postmodernist poetry extends beyond sexuality to encompass heterodox approaches to temporality more broadly. It starts by considering English poet Philip Larkin, suggesting how he reworked modernism within burlesque forms to evoke shifts in spatio-temporal scale. The second section, ‘Against Chrononormativity’, extends this analysis across various American postmodernist poets, arguing that interrogations of normative temporality in relation to gay sexuality (particularly in Adrienne Rich and Thom Gunn) can be understood as commensurate with reconstitutions of linear time in the work of John Ashbery and Louise Glück. It concludes by drawing comparisons with two Australian postmodernist poets, John Tranter and Les Murray, both of whom seek to reorient the direction of time. It discusses Tranter’s crossing of postcolonial theory with formalism, while also examining how Murray draws upon Indigenous culture and human/animal relations to reconfigure Western culture from a posthumanist perspective.
‘Reverse-Thinking’
Authors: Giles Paul
Published: March 2021

Starting from Hayden White’s Metahistory, this chapter considers how what White called a ‘retroactive’ style of writing becomes naturalized in postmodernist aesthetics. The first section ranges widely over contemporary US fiction, and it also considers antipodean influences on the music of Philip Glass and John Cage, the films of Jean-Luc Godard and the video installations of Christian Marclay. The second section tracks this reverse-thinking through celebrated postmodern fabulists John Barth and Salman Rushdie, showing how their playful narratives address changing social conditions. The third section discusses the shift away from progressive sequence in the films of David Lynch and Michael Haneke, indicating how this relates to surrealism, psychoanalysis, and geographical displacement. The final section analyses contemporary Australian fiction in terms of its spatio-temporal recalibrations, exploring how the planetary turn common to the fiction of Tim Winton, Gail Jones, and Christos Tsiolkas has become characteristic of postmodernism more widely.
Returning to the Roots
Authors: Shams Fatemeh
Published: March 2021

This chapter explores the enduring symbiosis between the village motif, social justice, and populist politics in Iran during the first three decades after the revolution. At first, it briefly highlights the evolution of the allegorical village in classical and contemporary Persian poetry. The focus will later be shifted towards the representation of the village in revolutionary poetry. We will see that it has remained a recurring motif in Persian poetry of the post-revolutionary period, employed by a variety of writers and state institutions for a range of means. As a symbol, it has been a conduit into which any ideology can be poured; the village allegory can be manipulated to both condemn and support the official politics of the state. The chapter examines the key socio-political influences behind the evolution of rural themes, the work of official poets, and the impact of the village on the cultural doctrine of the Islamic Republic.
Constitutional Nature
Authors: Larsen Signe Rehling
Published: March 2021

This chapter provides an outline of the constitutional theory of the federation and demonstrates how this theory provides an answer to the question of the legal and political nature of the EU. The federation is a discrete political form that transcends the ‘statist’ categories of Staatenbund (confederation) and Bundesstaat (federal state). These categories still obscure both federal theory and EU law scholarship, including the ‘sui generis’ thesis. The federation, or federal union, is founded on a federal compact (Bundesvertrag) between its Member States. This compact is a constitutional contract (Verfassungsvertrag) that gives birth to a new political entity, the Union, and transforms the Member States’ constitutions politically. The federation is a double political existence, consisting of the Union and the Member States, and it therefore has twin sources of authority. The federation is a genuine political order characterized by the internal absence, contestation or repression of sovereignty.
State Transformation and Teleology
Authors: Larsen Signe Rehling
Published: March 2021

This chapter is concerned with the foundations and principles of public authority in the federation and the EU. The federation is a political association, but sovereignty is not at the heart of its public law. The federation is a dual political existence, and has a dual governmental structure composed of the institutions of the Union and of the Member States, neither of which can be explained by the theory of the state. The Union is not a new omni-competent ‘super-state’. Its powers are conferred and ‘functional’ because they are derived from achieving the aims of the Union (the federal telos). But the Member States are not states ‘in the classical sense’ either. Becoming a Member State entails a process of state transformation and constraints on the exercise of public authority. This process of state transformation is intertwined with the emergence of the constitutional regimes of the Member States.
Introduction
Authors: Mertens Daniel , Thiemann Matthias , Volberding Peter
Published: March 2021

This chapter introduces the puzzle of expanding national development banking in times of market-liberal EU integration. It presents the variegated landscape of national development banks in European Member States and their linkages to supranational institutions and programmes and builds a theoretical framework around field theory and historical-institutionalist European political economy to capture the evolution of development banking in the EU. The chapter argues that the current appearance of development banking in the EU is conditioned by constraints and guidance stemming from the integration process and the specific insertion of Member States in the European political economy. Importantly, it rests on a market-supporting, “promotional” understanding of development banks’ tasks that has consequences for contemporary debates over industrial policy and public investment in the European Union
ISDS in Action
Authors: Perrone Nicolás M.
Published: March 2021

The legal imagination framing ISDS practice is closely related to how arbitrators connect storytelling with the interpretation of investment treaties and other relevant laws. This chapter examines several influential awards, placing the facts of each dispute within the broader social and political context of the investment, the conflict, and the economic sector. The analysis highlights how arbitrators think of foreign investment relations, and the extent to which they focus on, or silence, issues of distribution, recognition, and embeddedness. The cases are discussed chronologically in order to identify what has changed—and what has not—in arbitrators’ reasoning. Cases covered in this chapter include Santa Elena v. Costa Rica, Metalclad v. Mexico, TecMed v. Mexico, SD Myers v. Canada, Methanex v. USA, Glamis v. USA, Chemtura v. Canada, Occidental v. Ecuador 2, Philip Morris v. Uruguay, and Eli Lilly v. Canada.
The Low Road
Authors: Schapiro Tamar
Published: March 2021

In this chapter, I address the last constraint, asymmetric pressure. How is it that your inclination can put asymmetric pressure on your will? I argue that this is a deep and general problem, one that familiar theories of strength and weakness of will tend to elide. What, in principle, could pressure a free will? My Kantian claim is that the only thing that can pressure a free will is the burden of freedom itself. Inclinations, as such, cannot pressure the will. But if their nature is as I have described, they provide us with the opportunity to flee our freedom, by providing us with an animal mind to flee into. Instead of humanizing our incentive, we dehumanize ourselves. Similarly, I argue, we can be weak in relation to our social environment. Social scripts do not pressure us directly, but they give us the opportunity to flee into automaticity.
The Human versus the Animal
Authors: Cykowski Beth
Published: March 2021

This chapter provides an overview of the standard interpretation of Heidegger’s account of animality in order to give the reader a sense of the disquiet that it inspires among commentators. The chapter examines the critics who argue that Heidegger’s comparative exanimation of animality amounts to his own version of a classical valorisation of life, an ordering of beings that places the human at the top. The chapter then proposes a new way of looking at the lectures, one based on the conviction that Heidegger has not simply fallen into the trap of straightforwardly ranking the human above the rest of nature. It concludes that there is a deeper significance to Heidegger’s reflections on animality, one that can be appreciated if we attend to the broader metaphysical context of Heidegger’s claims.
From Life to Spirit
Authors: Cykowski Beth
Published: March 2021

This chapter embarks upon a critical dialogue with The Fundamental Concepts of Metaphysics, focusing on Heidegger’s use of the concept of ‘spirit’. As it is one half of the crucially important life/spirit divide, one would assume that Heidegger would pay as much attention to spirit as he does to life, and, in this vein, analyse anthropology as thoroughly as he does biology. However, Heidegger restricts his comments concerning anthropology to the few cursory remarks in Part One, in which he denounces the discipline as a problematic form of Darstellung. The chapter argues that with these remarks Heidegger ignores the body of work, spearheaded by Max Scheler during the 1920s, known as ‘philosophical anthropology’. Moreover, despite the fact that Heidegger critiques what he sees as deep delusions implicit in anthropology, this German tradition contains insights that resonate with his own project in The Fundamental Concepts of Metaphysics.
The Outcome, Criticisms and Legacy of Heidegger’s Comparative Examination
Authors: Cykowski Beth
Published: March 2021

This chapter explores how, in the final stages of The Fundamental Concepts of Metaphysics, Heidegger demonstrates the manner in which we can travel upstream from the metaphysical quagmire of our situation in order to access deeper and more essential knowledge of the human, metaphysics, and physis. To facilitate this move, Heidegger considers it necessary to review what has been garnered from the study of our contemporary situation and its expression through the media of Kulturphilosophie and biology. The chapter argues that Heidegger’s hope throughout the lecture course has been that, by coming to know the essential distinctions that arise in these fields in all their superficiality, we will enable ourselves to go deeper into the attunement of profound boredom, and eventually to replace the contemporary opposition between life and spirit with a more primordial understanding of the human and its status within physis.
Pointing Things Out: Prominence and the Attentional State of a Discourse
Authors: Stojnić Una
Published: March 2021

This chapter provides the key elements of the account of context and context-sensitivity. Like the shifty, dynamic account of context in Chapter 3, this account models context as a running record of candidate interpretations for context-sensitive items, for exmaple, demonstrative pronouns. However, by contrast, the chapter argues that context organizes candidate interpretations by prominence. Further, it argues that prominence is fully linguistically determined: the context is updated exclusively by linguistic rules, through effects triggered by elements in the logical form of a discourse. These elements are richer than standardly thought, including, for example, contributions of demonstrative gestures. A demonstrative, then, receives a simple unambiguous meaning: as a matter of its meaning, it simply selects the most prominent interpretation that satisfies its lexically encoded constraints. This account is argued to be empirically more adequate, and avoids the theoretical challenges facing the alternatives discussed in earlier chapters.
The Grammar of Prominence
Authors: Stojnić Una
Published: March 2021

This chapter draws theoretical conclusions and outlines directions for future developments. It summarizes the key theoretical and philosophical upshots of the account developed in the book and discusses further extensions of this framework. It discusses how the account can be applied to model context-sensitivity of situated utterances, in a way that can offer insights into puzzles concerning disagreement in discourse and communication under ignorance, which have plagued standard accounts of context and content. Further, it outlines the way the account is to be extended and applied to various types of context-sensitive items, including relational expressions, gradable adjectives, and domain restriction.
Locating Korea from a Comparative Perspective
Authors: Kwon Hyeong-ki
Published: March 2021

Before historically tracing the evolution of Korean capitalism from the early 1960s, this chapter locates the current Korean capitalism from a comparative perspective. To explore the extent of change in Korean state-led capitalism and whether the developmental state remains effective under globalization, this chapter first examines what a developmental state is, compared with the Anglo-Saxon free market system and social corporatism. Criticizing the prevalent DS theorist accounts, including both conflating context-specific elements of Korean DS with state-led developmentalism in general, and too broad definition of DS based on developmental mindset, this chapter emphasizes the different modes of economic operation and governance. By exploring different patterns of reconstituting national economy in the course of national corporations’ globalization, this chapter locates the Korean developmental pattern in globalization from a comparative perspective.
Emotional pathologies and holidays as therapy
Authors: Benger Alaluf Yaara
Published: March 2021

This chapter outlines the role medical discourse played in the emotional economy of holidaymaking in Britain between 1870 and 1918. Physicians were crucial in the effort to make emotions into objects that could be pathologized and managed, and they helped forge a link between nature and health and between workers and holidaymaking. The analysis of medical texts reveals that holidays in nature, ‘taking the waters’, and embracing sea air and sunshine, continued to be viewed as therapeutic throughout the period. However, as the pathology to be healed was increasingly framed in emotional terms, the cure was correspondingly articulated as the provision of ‘positive’ emotional experiences. The chapter examines how emotions were gradually pathologized in the context of modernity and urban labour from the 1860s onwards. Outlining the emotional history of neurasthenia and overwork, which played a central role in the development of psychology as an independent discipline, the chapter shows that ‘the worker’ was increasingly conceptualized by the medical profession as a vulnerable emotional subject irrespective of gender and occupation. The chapter then explores how scientists thought overwork could be cured, demonstrating that the theorization of ‘change’ as a means to manage emotions undergirded the new take on holidaymaking as an efficient way to help people manipulate their emotional state and avoid the negative effects of work. By positioning themselves as the experts on the management of emotions, physicians became closely involved in reframing the goals of leisure and the strategies of the holiday industry.
Conclusion
Authors: Benger Alaluf Yaara
Published: March 2021

The chapter reflects on how the history of emotions of Victorian and Edwardian holidaymaking can offer a better understanding of leisure consumption and of the entanglement of emotions, morality, and economy more generally. The book asserts that medical conceptions of emotions were imperative to the popularization of holidaymaking and to the transformation of its main objective from physical cure to emotion management. Nonetheless, the emotional economy model reveals that medical thought was by no means the only sphere of knowledge production significant for holiday culture; rather, heterogeneous bodies of knowledge all contributed to the formation of both the meaning of ‘the emotional’ and its commercial experience. The book illustrates the blurred lines between commercial and political, healthy and moral, as well as the overlapping roles of the producer, the advertiser, the doctor, and the holidaymaker. Addressing the different conceptions of emotional and moral economy, the chapter reflects on the theoretical potential of these models and offers guidelines for a comprehensive use of the concept of the ‘emotional economy’. Specifically, it elaborates on the need to account for the conceptual history of emotions, the performative dimensions of emotional experience and consumer behaviour, and the interaction between multiple spheres of knowledge production. Looking ahead to the central place of tourism in twenty-first-century societies and its relation to stress and burnout, the chapter calls on future research of past and present leisure cultures to take emotions seriously, and to rethink common notions of rationality, authenticity and agency.
The Image of the Feminine in the Gospel of Philip
Authors: Ashwin-Siejkowski Piotr
Published: March 2021

This chapter considers a text that is often considered ‘Gnostic’ in character. ‘The Image of the Feminine in the Gospel of Philip: An Innovative Assimilation of Paul’s Gender Legacy in the Valentinian Milieu’ explores the richness of images of the feminine preserved in the Coptic Gospel of Philip and their significance to the life of the Christian community. It assesses?the diversity and dichotomy of the feminine symbolism in?relevant documents from Nag Hammadi. In this context the study highlights the importance and creativity of Philip’s construction of?the feminine.?The chapter also offers a discussion of?the assimilation of the Pauline exegesis of the story of the creation of Adam and Eve by this document.?On that basis the chapter shows the original trajectory of the Gospel, which goes beyond the Pauline legacy, to serve the needs of its audience. Finally, as the Gospel of Philip pays a great deal of attention to the value of Christian teaching (exegesis) and the sacraments, the essay addresses the vital question: could?Christian women?take an active role in teaching and worship in the light of this Gospel and its gender construction?
More ‘Holy Women’ in Early Christianity
Authors: Vinzent Markus
Published: March 2021

This chapter explores ‘More “Holy Women” in Early Christianity: The Gospels of Mary and Marcion’. It provides a comparison between the role of women as described by the Gospel of Mary and Marcion’s Gospel (and Apostolikon) to that of the canonical Gospels. It emerges that in the two non-canonical texts women were regarded as true witnesses, prophets, and apostles of Christ in contrast to the ambiguous, if not dubious role of the twelve, and especially of that of Peter. The chapter also looks into the role of women in the Roman church where, for example, in Hippolytus (In Song of Songs 25.6) they are still known as ‘Apostles to the Apostles’. This picture differs considerably from what we are used to read, at least at face value, in the canonical texts, and ultimately asks us to consider the editing process that resulted in certain versions of the earliest stories to be erased.
A ‘Common Core’ Research on Government Liability in Tort
Authors: Cananea Giacinto della
Published: March 2021

This chapter looks at government liability in tort as an entry point for the whole comparative research on European administrative laws. The chapter is in four parts. It first illustrates the main features of the new research, in particular the combined use of history and legal comparison and the choice of a ‘factual’ analysis, based on hypothetical cases. Second, it explains the reasons underlying the choice of administrative liability, which may be regarded as a worst-case scenario. Third, some issues in methodology are examined, including the construction of the questionnaire, which is at the heart of the ‘common core’ method, and the choice of a variety of legal systems, including that of a non-State entity, the EU. In the final part, there is an analysis of the implications that follow from the study of government liability for the whole research. While less recent comparative studies had a high level of abstraction, the factual approach sheds light on both differences and similarities between the legal systems selected. From this viewpoint, not only is government liability in tort characterized by both commonality and diversity, but their importance has also variably changed across time.
Concluding Remarks: Towards Convergence?
Authors: Cananea Giacinto della , Caranta Roberto
Published: March 2021

This chapter charts convergence and divergences in the approaches to liability from procedurally illegal decisions or omissions. It focuses on three aspects relevant in assessing if, and to what extent, the jurisdictions analysed are converging beyond the widespread acceptance of governmental liability for illegal decisions or omissions. The first aspect investigated is whether annulment or other specific administrative law remedies must be sought before (or along with) damages. The answer more often than not turns around the institutional question whether or not the same court is competent for both sets of remedies. A second aspect is whether additional requirements, besides illegality, are needed for a successful damages claim. This might include a subjective element or a more or less objectivized reference to the gravity of the breach. Finally, the actual causal link between procedural breaches and potential damages might be questioned, with courts possibly resorting to different techniques to exclude or mitigate governmental liability. The analysis shows that the different outcomes in terms of liability are such not by any accident but because of path dependency due to institutional choices (general courts versus specialized administrative courts), due to the preference courts may or may not have for remedies other than damages and, finally, due to the deference or lack thereof paid by courts to the discretion left to the administration.
The Theory and Practice of Founding Regional Courts in Latin America and the Caribbean
Authors: Caserta Salvatore
Published: March 2021

This chapter compares the foundations of the Central American Court of Justice (CACJ) and the Caribbean Court of Justice (CCJ) with those of the Andean Tribunal of Justice (ATJ) and of the Mercosur Permanent Review Court (PRC). The goal is to provide general considerations related to the actors and factors that may be deemed of central importance for founding regional courts, and to confirm the value of the approach taken in this book. Similar to those of the CACJ and CCJ, the foundations of the ATJ and of the Mercosur PRC also extended over relatively long periods of time and were finally unlocked by the occurrence of events that were only partially and indirectly related to the two Courts. Against this background, the chapter draws general theoretical conclusions on the foundations of Regional Economic Courts (RECs) in Latin American and the Caribbean.
Gay Liberation, ‘1968’, and the Alternative Left
Authors: Griffiths Craig
Published: March 2021

This chapter explores the ambivalent relationship between gay liberation and ‘1968’. First, the chapter delves into the sexual politics of the West German student movement, before analysing the subsequent links between homosexual politics, second-wave feminism, and the 1970s alternative left. This alternative left provided not just ideological influences but also a space for gay liberation. The chapter therefore explores not just the political connections but also the textual and spatial context of this alternative left. Gay activists were often less preoccupied by the Öffentlichkeit, the wider public sphere, than by the left-alternative Gegenöffentlichkeit, the counter-public, with its sprawling network of independently produced papers and zines, alongside its alternative spaces: bars, bookshops, housing, and theatre collectives. After exploring the hitherto little acknowledged queer participation in this counter-public, the chapter examines the efforts of gay activists to gain recognition from sought-after leftist partners, which culminated in gays characterizing themselves as victims of fascism.
Thinking and Feeling Homosexuality
Authors: Griffiths Craig
Published: March 2021

This chapter puts ambivalence over sex and self-presentation centre-stage, by focusing first on debates over drag and gender transgression, and then on the equivocal position of sex and desire in homosexual politics. While some activists embraced effeminacy for personal and for political reasons, drag was not always compatible with the model of masculinity favoured by many other activists, who sometimes accused Tunten (‘queens’) of endangering the chance of left-wing support. Turning to how sex featured in gay activism, the chapter shows how a shared antipathy to the gay scene, and sites of sexual activity, resembled an important point of connection between gay action groups and more ‘moderate’ homosexual organizations. The final third of the chapter historicizes the emotional politics of gay liberation. After identifying the gay scene as a major culprit for psychological distress in queer life, activists set about imagining alternatives. In this concluding section, the rise of consciousness-raising and self-help groups, and of the first telephone crisis helplines, is set against changing psychological attitudes towards homosexuality.
Scope
Authors: Nichols Shaun
Published: March 2021

Commonsense, as well as experimental psychology, indicates that there are subtle distinctions in the normative domain. Many people, both adults and children, think that it’s worse to produce a bad consequence than to allow it and that it’s worse to produce a bad consequence with intent than to produce it with mere foreknowledge. People also often think that it’s forbidden to treat people of their own community in a certain way, but not that it’s forbidden to treat people in other communities in that way. It has been unclear exactly how these distinctions arise in ordinary moral thought. This chapter draws on the “size principle,” which is implicated in word learning, to explain how children would use scant and equivocal evidence to acquire these aspects of moral systems.
Rational Rules and Normative Propriety
Authors: Nichols Shaun
Published: March 2021

To what extent are our moral beliefs rational? This chapter argues that the statistical learning accounts offered in Part II provide reason to think that many central beliefs about socio-moral rules are acquired through rational processes and that this confers on the beliefs an essential kind of rational credential. The beliefs are doxastically rational. However, even if the beliefs about the rules are doxastically rational, the rules themselves might be counterproductive for achieving our ends. Another way to evaluate the propriety of a rule is in terms of ecological rationality, that is, how well the rule works given our minds and environments. This chapter articulates a number of factors that contribute to the ecological rationality of a rule, and argues that act-based rules are plausibly are more ecologically rational than consequence-based rules.
Conversation Analysis
Authors: Ingram Jenni
Published: March 2021

Conversation analysis offers an inductive approach to the analysis of classroom interaction. With its roots in ethnomethodology, conversation analysis is underpinned by some key principles that focus on how the learning of mathematics is made visible through teachers’ and students’ interactions. Using the tools developed by conversation analysts, the structures and patterns of interaction within mathematics classrooms can be described to reveal what it means to learn, and what it means to do, mathematics in school classrooms. This approach foregrounds what teachers and students themselves treat as learning and doing mathematics and reveals the multifaceted role of interaction in these processes.
Morúa’s Continuum
Authors: Lamas Carmen E.
Published: March 2021

Martín Morúa Delgado’s vision for Cuba’s future and his concern for Afro Cubans on both sides of the Florida Straits extends beyond the island to the Americas and is found not simply in his literary production but in his translation practice. Completed in the early 1880s in New York City, just as Morúa’s disenchantment with the politics of Cubans in exile began, his translation of James Redpath’s rendition (1863) of John R. Beard’s The Life of Toussaint L’Ouverture: The Negro Patriot of Hayti (1853), reflects Morúa’s belief that the written word had the power to wield a hemispheric influence and could serve to support political transformation in Cuba and by extension the Americas. Toussaint L’Ouverture and this translation were at the center of this vision, for Morúa would reference the Haitian liberator throughout his literary and journalistic career, thereby expounding his belief that a leader modeled on L’Ouverture would bring true political independence to Cuba, inaugurating social change across the hemisphere. It is through this figure and the translation that Morúa conceived an alternative vision for Cuba and for the Americas, one that did not involve the leadership of the US-compromised Americanized Cubans and Latin Americans he so feared. Countering such political thinkers as Wendell Phillips, Rafael Serra, and Juan Gualberto Gómez, his vision placed Afro Latina/os, Afro Latin Americans, and African Americans as the new foundation of a truly politically and socially free hemisphere, one redeemed of its racial prejudices and biases.
Conclusion
Authors: Lamas Carmen E.
Published: March 2021

In Sofía Martín Morúa Delgado would stress that clothes are markers: markers of taste, cultural inclinations, socioeconomic status. They are also markers of place and geographic identifications, as Morúa would observe about the inadequate clothing worn by Americanized Cubans upon their return to the island after extended stays in the US, noting that their use of “lanas y franelas sencillas…conservaban una graciosa reminiscencia del tipo extranjero impreso en ambos por su larga estancia fuera de su país natal” (Morúa Delgado 1891, 102) (simple wools and flannels…retained an amusing reminiscence of the foreign type stamped on both because of their long stay outside of their countries of birth). He was not the only Latina/o author who found himself moving between spaces, on a Latino Continuum, on which clothing, like texts and life events, served as markers of that experience. Take for example the martyred Cuban poet, Juan Clemente Zenea (1832–71), who, although on a diplomatic mission to the island, was executed by Spanish authorities as a traitor to the Spanish cause in Cuba. He would likewise comment on the experience of living in a new country, but this time through the lens of emotions and desire in the doomed love affair of a displaced couple who yearn for their homeland as they walk down ...
The Divine Ideas Tradition in Christian Mystical Theology
Authors: McIntosh Mark A.
Published: March 2021

By the time of early modernity, a widely deployed tenet of Christian thought had begun to vanish. The divine ideas tradition, the teaching that all beings have an eternal existence as aspects of God’s mind, had functioned across a wide range of central Christian doctrines, providing Christian thinkers and mystical teachers with a powerful theological capacity: to illuminate the Trinitarian ground of all creatures, and to renew the divine truth of all creatures through human contemplation. Already by the time of the Middle Platonists, Plato’s forms had been reinterpreted as ideas in the mind of God. Yet that was only the beginning of the transformation of the divine ideas, for Christian belief in God as Trinity and in the incarnation of the Word imbued the divine ideas tradition with a remarkable conceptual agility. The divine ideas teaching allowed mystical theologians to conceive the hidden presence of God in all creatures, and the power of every creature’s truth in God to consummate the full dynamic of every creature’s calling. This book takes the form of a theological essay that brings to life the striking role of the divine ideas tradition in the teaching of its central exponents, and also suggests how the divine ideas might constructively inform Christian theology and spirituality today. Especially in an age of global crises, when the truth of the natural environment, of racial injustice, and of public health is denied and disputed for political ends, the divine ideas tradition affords contemporary thinkers a creative and contemplative vision that reveres the deep truth of all beings and seeks their mending and fulfillment.