bluuebunny/crossref_metadata_2025 huggingface dataset:
Eavesdropping on the Emperor
Authors: Kornicki Peter
Published: September 2021

Unlike the USA and Australia, Britain did nothing to prepare linguistically for war with Japan, so from December 1941 desperate measures were taken to train men and women in a hurry in a variety of courses. Those who learnt Japanese in this way went on to work as linguists, codebreakers, interrogators and translators. These courses were astoundingly successful, and the people chosen for them were brilliant and resourceful and many of them later had very distinguished careers. This book explains how it was done and what the linguists did with their skills – cryptography at Bletchley Park and at similar secret organizations in India, Mauritius and Australia, interrogating in the jungle, interpreting on the high seas and, eventually, policing the Occupation in Japan itself. It is a story of success against the odds under the pressure of wartime, and it is a story of remarkable people whose achievements have hitherto been neglected and kept secret.
Mereology
Authors: Cotnoir A. J. , Varzi Achille C.
Published: September 2021

Mereology is the formal theory of parthood relations. Mereological theories—have become a chapter of central interest in metaphysics, but also with applications in logic, the philosophy of mathematics, the philosophy of language, and the philosophy of science. This book provides a critical survey and an up-to-date assessment of the main results in this area, with an eye to both their philosophical underpinnings and their formal properties. In doing so, it also aims to investigate the varieties of formal systems currently available. After a brief history of the development of mereology, introductions to different axiomatizations of so-called classical mereology, alongside set-theoretic and algebraic models, are presented in a clear and accessible manner. The book addresses formal and philosophical issues surrounding the notions of parthood, identity, decomposition, atomism, composition, and more. As a result, the book, provides resources to aide the development of new, non-classical theories of parthood (such as non-well-founded mereologies, non-transitive mereologies, non-extensional mereologies, and more). Consideration is devoted to impact that the logical background has on mereological results (including higher-order, temporal, modal, non-classical logics). A detailed index, appendices, and a comprehensive bibliography makes this book an indispensable resource to researchers in every field where part-whole theorizing plays a fundamental role.
Sociability and Polite Improvement in Addison’s Periodicals
Authors: Ellish Markman
Published: September 2021

Addison argued in his periodical essays that the distinctive sociability of the coffee house was especially, if not uniquely, polite, rational, and civic, and as such, an important metaphor and location for Addison’s social reform. Addison developed his conception of coffee-house sociability in dialogue with Richard Steele, but while Steele argued that emulation of virtuous behaviour in neighbourly communities was sufficient guarantor of the polite and rational reformation of public culture, Addison repeatedly toyed with a more regulated model in which an arbiter or censor moderated coffee-house behaviour. In The Spectator, Addison had identified women readers as an important commercial and ideological opportunity. While women of the polite and middling classes bore the weight of Addison’s reformist expectations, such women were excluded from the public sociability of the coffee house. In recognition of this impasse, Addison and Steele addressed a series of essays to the tea table, a form of sociability in which women and female manners were dominant. These essays develop an innovative construction of tea-table sociability located in a fluid zone between public sociability and private domesticity, centred around tea consumption, polite conversation, and reading essays from The Spectator. The tea table was, accordingly, a significant extension and revision of their theory of public sociability.
Ecological immunology
Authors: Schmid-Hempel Paul
Published: September 2021

Infections and parasite loads vary among hosts. Variation results from ecological, genetic, and immunological factors. Immune defences provide benefits as well as costs and are, therefore, a compromise. Costs result from trade-offs with other needs and can be genetically encoded or plastic (i.e. can change depending on circumstances). Costs are physiological (e.g. energy consumption) or based on evolved genetic covariance. Self-damage (immunopathology) is a further, important cost. Natural selection should optimize the costs and benefits of defences and thus leads to various outcomes in terms of specificity, response delay and strength, or the formation of memory. Moreover, hosts can either resist an infection by eventual clearance, or tolerate the consequences of parasitism.
Doctors and Teachers
Authors: Scott Dominic , Freeman R. Edward
Published: September 2021

This chapter examines the way the models of the doctor and the teacher can be combined, where the leader as doctor makes their remedies more palatable to their followers by rational persuasion. The first part describes this combined model in Plato’s last work, the Laws, where the legislator is compared to a doctor who listens to his patients and then educates them about the nature and origin of their disease. Combining the two models anticipates our notion of ‘informed consent’: if the patient/follower is addressed rationally, they will be more inclined to take the remedy. The second part uses two case studies from previous chapters: Roy Vagelos, who appeared as an example of the corporate doctor, can also been seen as a teacher; and Indra Nooyi, who educated her stakeholders at Pepsi and can be seen as a corporate doctor, trying to ween the company off short-term thinking.
Plato and Modern Leadership Models
Authors: Scott Dominic , Freeman R. Edward
Published: September 2021

This chapter looks at the relation between Plato’s models and modern leadership approaches. Unlike many recent theorists, Plato avoids trying to find a single definition, but seeks to isolate the different strands in the complex phenomenon of leadership. In this way, his approach anticipates Wittgenstein’s idea of ‘family resemblances’: leadership is not treated as a simple ‘universal’, but a complex with several overlapping strands. Another feature of Plato’s approach is the importance of ethics to leadership. To compare Platonic and modern approaches to leadership more specifically, this chapter looks at four recent theories, and shows that each one has close affinities with one or more of Plato’s models: Burns’ ‘transformational’ leadership resembles the artist and the navigator; Collins’ ‘Level 5’ leadership the weaver; Greenleaf’s ‘servant’ leadership the doctor and teacher; Gardner’s ‘thought’ leadership (in his book, Leading Minds) the sower.
Basic Geometric Constructions
Authors: Powell Mark , Ray Arunima
Published: September 2021

Basic geometric constructions, including tubing, boundary twisting, pushing down intersections, and contraction followed by push-off are presented. These moves are used repeatedly later in the proof. New, detailed pictures illustrating these constructions are provided. The Clifford torus at an intersection point between two surfaces in 4-dimensional space is described. The chapter closes with an important application of some of these moves called the Geometric Casson Lemma. This lemma upgrades algebraically dual spheres to geometrically dual spheres, at the cost of introducing more self-intersections. It is also shown that an immersed Whitney move is a regular homotopy of the associated surfaces.
Good Groups
Authors: Kim Min Hoon , Orson Patrick , Park JungHwan , Ray Arunima
Published: September 2021

Good groups are defined in terms of whether capped gropes of height 1.5 contain certain types of immersed discs. The disc embedding theorem holds for 4-manifolds with good fundamental group. It is proven that the infinite cyclic group and finite groups are good, and that extensions and colimits of good groups are good. This shows that all elementary amenable groups are good. The proofs use grope height raising and contraction, together with an analysis of how fundamental group elements behave under these operations. A central open problem in the study of topological 4-manifolds is to determine precisely which groups are good.
The Place of Suspension and Problems for Evidentialism
Authors: Sosa Ernest
Published: September 2021

Chapter 3 explains what it is to suspend judgment, and how such suspension attains normative status. Problems are raised for a competing view, strict evidentialism, and virtue-theoretic solutions are offered for those problems. This chapter takes some first steps towards an epistemology of suspension within the framework of telic virtue epistemology. It is argued that epistemic negligence and recklessness are hard to square with evidentialist epistemology, and that telic normativity provide the right framework for them. Within this framework judgment and judgmental knowledge are agential in a way that comports well with epistemic negligence and recklessness.
Nemesius of Emesa on Human Nature
Authors: Dusenbury David Lloyd
Published: September 2021

Nemesius of Emesa’s On Human Nature (De Natura Hominis) is the first Christian anthropology. Written in Greek, circa 390 ce, it was read in half a dozen languages—from Baghdad to Oxford—well into the early modern period. Nemesius’ text circulated in two Latin versions in the centuries that saw the rise of European universities, shaping scholastic theories of human nature. During the Renaissance, it saw a flurry of print editions, helping to inspire a new discourse of human dignity. This is the first monograph in English on Nemesius’ treatise. On the interpretation offered here, the Syrian bishop seeks to define the human qua human. His early Christian anthropology is cosmopolitan. ‘Things that are natural’, he writes, ‘are the same for all’. In his pages, a host of texts and discourses—biblical and medical, legal and philosophical—are made to converge upon a decisive tenet of Christian late antiquity: humans’ natural freedom. For Nemesius, reason and choice are a divine double-strand of powers. Since he believes that both are a natural human inheritance, he concludes that much is ‘in our power’. Nemesius defines humans as the only living beings who are at once ruler (intellect) and ruled (body). Because of this, the human is a ‘little world’, binding the rationality of angels to the flux of elements, the tranquillity of plants, and the impulsiveness of animals. This book traces Nemesius’ reasoning through the whole of On Human Nature, as he seeks to give a long-influential image of humankind both philosophical and anatomical proof.
Copyright in the Digital Single Market
Authors: Rosati Eleonora
Published: September 2021

This book provides an article-by-article commentary to the provisions of the 2019 EU Directive on copyright in the Digital Single Market. It investigates the history, objectives, and content of Directive 2019/790's complex provisions as well as the relationship between some of those provisions and between the Directive and the pre-existing acquis. It explains why the EU Directive on copyright in the Digital Single Market is a significant and foundational part of the broader EU copyright architecture. The book aims to navigate the legislative provisions that were adopted in 2019 to make EU copyright fit for the Digital Single Market. It marks two important anniversaries in the EU copyright harmonization history: the thirtieth anniversary of the first ever adopted copyright directive, Software Directive 91/250, and the twentieth anniversary of InfoSoc Directive 2001/29, an ambitious legislative instrument.
Sounds, Signs, and Boundaries
Authors: Luraghi Nino
Published: September 2021

This chapter develops further an earlier argument that the differences between the local scripts of Greece cannot be accidental. It connects them with the emergence of ethnic boundaries within the Greeks. It considers the adaptation of the Phoenician alphabet to the Greek language, and then the process of creating the local scripts, largely by assigning different sound values to the same letters. It then correlates the different local 'written languages' (i.e. local combinations of scripts and dialects) with differences in material and symbolic culture. Written language turns out to have been understood as a component of regional ethnic identities.
Contextualizing the Origin of the Greek Alphabet
Authors: Woodard Roger D.
Published: September 2021

The Greek alphabet likely appeared as a functional writing system in the late ninth century bc in a particular eastern Mediterranean locale, but the process by which it took shape is one that stretched chronologically from that moment back into the Bronze Age, and geographically from Anatolia and Syria-Palestine, through Cyprus, to Pylos, Knossos, and other Mycenaean palace sites. This chapter examines that formative process as one characterized by various episodes of the transfer of knowledge between structured systems-transfers that left traces of operational elements of earlier, pre-alphabetic systems within the emerging alphabet. It further explores a scenario in which this alphabetic system could have plausibly found motivation and achieved functionality among non-literate Greeks operating within the multi-lingual and multi-graphic context of the complex armies of the Neo-Assyrian empire.
Family and inheritance
Authors: Grene Nicholas
Published: September 2021

The imperative after the Famine to keep the small farm from being subdivided led to the familist system under which one son, not necessarily the first-born, was to inherit; all the others had to find lives elsewhere, mostly through emigration. Poems by Bernard O’Donoghue and John Montague, a story of George Moore, and a play by T. C. Murray dramatize this situation. In other works by Murray and Eugene McCabe, the focus is on the ageing autocrat without an heir. Plays of Padraic Colum and John Murphy stage the divided impulses of staying home on the land and leaving for America. The small farm, metonym for the nation in the Revival period, becomes the battleground of the family.
Community relations
Authors: Grene Nicholas
Published: September 2021

Irish nationalists imagined the rural farming community as a model of the nation, as most famously articulated by Eamon de Valera. But the literary version of social reality yield images of much less harmonious, homogenous, and integrated communities. There is the vicious class stigma of sexual promiscuity and illegitimacy, as seen in Mary Lavin’s story ‘Sarah’, and in Tom French’s long poem ‘Pity the Bastards’. The closed-in world of John B. Keane’s The Field and Sam Hanna Bell’s tightly knit Presbyterian neighbourhood in December Bride give a sense of the varying distinctiveness of separate communities. Máirtín Ó Cadhain’s Irish language novel Cré na Cille vividly renders the intensely competitive internal dynamics of his Connemara locality, while Eugene McCabe in his Fermanagh Trilogy evokes the intimate enmities of country neighbours under the pressure of sectarian conflict.
Reactions to modernity
Authors: Grene Nicholas
Published: September 2021

Emigration, which had been such a marked feature of Irish history since the nineteenth century, accelerated through the 1950s, creating the sense of an emptying countryside. Leaving the land is represented as alienation in Frank O’Connor’s story ‘Uprooted’, a tragedy to be resisted at all costs in M. J. Molloy’s play The Wood of the Whispering, while the plight of the stay-at-home sibling when all the others have left is the focus of William Trevor’s ‘The Hill Bachelors’. Nostalgia for a pre-modern rural landscape features in the work of Michael McLaverty, John Montague, and Maurice Riordan. In the fully urbanized Ireland of the twenty-first century, there is a sardonic take on modern farming in Kevin Barry, but the remaining connections to the land of contemporary society are still very much present in novels by Belinda McKeon and Anne Enright.
John McGahern and the alternative life of the farm
Authors: Grene Nicholas
Published: September 2021

Though McGahern’s father was a police officer and his mother a schoolteacher, they had a small farm where the writer spent his childhood years, and it was this home territory of rural Roscommon and Leitrim that was central to his fiction. Recurrently in the novels and stories, the former Republican father, disillusioned with independent Ireland, rules over the farm as his own independent republic, but alienates the son whom he needs as heir. Amongst Women shows up the illusion of the patriarchal ideal of the family working together on the farm and its crippling gender politics. Yet, dissatisfaction with the city drives key characters back to the alternative life of the farm, as in ‘The Country Funeral’. In That They May Face the Rising Sun, McGahern creates his fullest version of the farming community, at once tenderly pastoral and caustically observed in its social reality.
The Wrong Logos
Authors: Swanton Christine
Published: September 2021

Reasons of beneficence are at the core of ethics, and also of many of its most intractable theoretical problems, indeed paradoxes. What is needed for the resolution of these problems is an appreciation of the distinctive nature of the logos of ethics. In brief that logos is seen as an openness to a practical reality of notably reasons, for the understanding of which a familiarity with the thick ethical concepts is required. Such reasons provide direct intentional access to ethical reality. But if we attempt to gain intentional access to ethical facts through the wrong logos where the thick concepts are invisible or not central paradoxes ensue. This chapter discusses three: the paradox of supererogation, the ‘It Makes no Difference’ Paradox (e.g., that of ‘pooled beneficence’), and that of the underdetermination by reasons for action (e.g., of what charity to support).
Presentational Conservatism
Authors: Chudnoff Elijah
Published: September 2021

Presentational Conservatism is the view that if, and only if, you have an experience that has presentational phenomenology with respect to p, then do you thereby have some prima facie justification for believing that p. This chapter defends Presentational Conservatism and explores its epistemic implications. Once located in relation to other dogmatist and phenomenal conservative approaches to justification, the view is clarified through discussion of presentational phenomenology and motivated on the basis of reflection on cases and general epistemological considerations. If Presentational Conservatism is true, then various epistemological agendas that have been pursued in the wake of the literature on high-level perceptual content need to be reassessed. Implications for recently popular perceptual accounts of our knowledge of other minds are explored in some detail.
Cognitive Penetration, Expertise, and Background Information
Authors: Chudnoff Elijah
Published: September 2021

Can the way that an experience is caused make a difference to what that experience justifies believing? Presentational Conservatism implies that the answer to this question is no. It thereby incurs two explanatory burdens. One is to explain the apparent epistemic downgrade in cases such as Susanna Siegel’s example of Jack looking angry to Jill because of her unjustified fear. Another explanatory burden is to explain the superior epistemic position of expert perceivers such as bird watchers and radiologists whose trained eyes allow them to see more than those with untrained eyes. This chapter argues that Presentational Conservatism has adequate resources to discharge both explanatory burdens.
Learning, complexity, and competition
Authors: Culicover Peter W.
Published: September 2021

This chapter explores how envisioning a language learner as acquiring a grammar made up of constructions allows us to account for change and variation. It explores the idea that change is not solely the responsibility of early language learners, but may also occur as innovations initiated by adult speakers. One key explanatory component is constructional complexity; another is competition between constructions that have overlapping functions.
Argument structure
Authors: Culicover Peter W.
Published: September 2021

This chapter applies the constructional theory to variation in systems for expressing argument structure. A central point is that there are multiple devices of comparable complexity that encode the thematic roles; hence it is not necessary to assume that all languages share a universal syntactic structure at some abstract level of representation.
Grammatical functions
Authors: Culicover Peter W.
Published: September 2021

This chapter addresses the question of the source of grammatical functions (GFs). It reviews evidence that not all languages require GFs, and shows how to capture the correspondences between form and meaning in constructional terms.
Changes outside of the CCore
Authors: Culicover Peter W.
Published: September 2021

This chapter shows the broader applicability of the constructional approach. It looks at three well-documented developments in English that do not fall into the category of ‘core phenomena’ as understood in Chapter 3, reflexivity, do-support and preposition stranding. These changes are not as central to the expressive function of language as argument structure, operator/scope, and similar phenomena. The chapter argues that these phenomena provide additional evidence that the constructional approach is well-suited for providing genuine explanations for language change and variation.
Recapitulation and prospects
Authors: Culicover Peter W.
Published: September 2021

This chapter summarizes the main results of the book and lays out some general propositions about how to think further about language variation and change from the perspective of constructional grammars.
Conclusion
Authors: Easterling Joshua S.
Published: September 2021

This book concludes by examining some implications of charismatic experience as recorded in the religious texts treated throughout the book, as well as the host of challenges that such experience presented for the cultures within which anchorites negotiated their claims to spiritual power. Here the book returns to the hierarchically organized image of embodiment that obtained throughout the later Middle Ages as a repudiation of its Pauline counterpart. The rival responses to, or figurations of, highly embodied and charismatic experiences from the twelfth through the fourteenth centuries are finally traceable to a struggle to account for and localize the source of spiritual agency. In this sense, what emerged as medieval Europe’s “charismatic problem” became the focal point of reactive efforts within mainstream religious culture to manage and (hierarchically) contain forms of agency precisely to the extent that these challenged the dominant and masculine assumptions of that same culture.
Epilogue
Authors: Noe Christine , Ponte Stefano , Brockington Dan , Mdee Anna , Sokoni Cosmas , Friis-Hansen Esbern , Tilumanywa Verdiana , Snyder Katherine A. , Sulle Emmanuel , Östberg Willie , Loiske Vesa-Matti , Mulder Monique Borgerhoff , Djurfeldt Agnes Andersson , Birch-Thomsen Torben
Published: September 2021

Constructing longitudinal research has, for all the authors, entailed long, and sometimes difficult, sometimes funny, always moving, personal stories. This chapter explains how the studies were conducted, both the original research and the subsequent revisits, and how the researchers coped with having to conduct them. The authors of this Epilogue compiled this material by recording conversations with each other about how they did this research during the evenings of their final writing workshop. The transcripts of these conversations were then written up, and the edited the transcript. The result is a rather honest account of how research like this is conducted, of the pitfalls and difficulties of such work, and of its joys.
Introduction
Authors: Geniets Anne , O’Donovan James , Hakimi Laura , Winters Niall
Published: September 2021

Training and supervision have been cited as integral aspects to well-functioning community health worker (CHW) programmes. This chapter initially outlines the rationale for this book, discussing the global health equity gap, the roles of CHWs, the need for CHW training and supervision, and the role technology can play in these. The chapter then introduces the main sections of the book: Section One of the book focuses on training and supervision; Section Two explores the intersection of technology and education in the context of CHW training; Section Three investigates how methodological choice can contribute to social justice in CHW programmes and facilitate CHW training in an equitable way; and in Section Four, ethical issues arising from CHW training are discussed.
Designing Pedagogically-Driven Approaches to Technology-Enhanced Learning for Community Health Workers
Authors: Nagraj Shobhana
Published: September 2021

Technology-enhanced learning (TEL) is well established as a teaching modality. However, there is a lack of evidence for the pedagogical approaches used to design TEL for community health workers (CHWs). This chapter highlights the importance of contextualizing CHW learning within the wider health system. Theoretical approaches to consider when designing a TEL-based education and training programme for CHWs are presented, with practical examples of how these approaches might be most appropriately embedded in the delivery of CHW training. Finally, a framework for the design of pedagogically-grounded TEL-based learning for CHWs is presented, which may be used to help guide the design of TEL-based educational interventions for CHWs.
Recognition, Mutual Respect, and Support
Authors: Kelley Maureen , Fancourt Nigel
Published: September 2021

It is increasingly recognized internationally that community health workers need to be experts in mediating between health facilities and the health needs of their particular communities, requiring interpersonal skills to balance the ethical, medical or physiological health issues, and the community dynamics. For this relational expertise to flourish, a culture of recognition, mutual respect, and support is essential between the community health workers, other health professionals, and the community. A relational pedagogy for training and supervision is outlined to address some key ethical values: mutual respect and recognition; shared decision-making and solidarity; relational agency and empowerment; fairness and inclusion; and shared advocacy. We argue that explicitly putting these values foremost in supervision, training and practice will equip community health workers with appropriate strategies to develop and sustain their unique and valued expertise.
Defiance
Authors: Selikowitz Mark
Published: September 2021

Approximately one-quarter of children with ADHD experience significant difficulties in conforming to rules and regulations appropriate for their age, and these difficulties are usually seen both at home and at school. Parents of such children quickly learn that smacking and other forms of punishment are ineffective. Performance inconsistency, which is a prominent feature of ADHD, is often misinterpreted as implying that the child could succeed if only more effort were made. This chapter explores defiance in ADHD, including compliance as a function of the brain, the severity of defiant behaviour (oppositional disorder, conduct disorder), and the treatment of defiant behaviour.
Low self-esteem
Authors: Selikowitz Mark
Published: September 2021

Most children with ADHD suffer from low self-esteem. Many unwanted behaviours that are seen in children with ADHD are due to problems with self-esteem. It is essential that parents and teachers recognize this before trying to treat the behaviour. This chapter discusses low self-esteem in ADHD, including self-appraisal as a function of the brain, control of the self-appraisal system in the brain, dysfunctional coping behaviours (quitting, avoiding, adverse responses to praise, tactile defensiveness, cheating, lying, clowning, regressive behaviour, school avoidance, homework avoidance, computer game and TV ‘addiction’, aggression, controlling behaviour, passive aggression, and denial), and the importance of self-esteem maintenance mechanisms.
A guide to specific medicines
Authors: Selikowitz Mark
Published: September 2021

There are many different medications used for ADHD, and these should only be prescribed by a medical specialist experienced in this field. Many children with ADHD do not need to take their medication every day of the week. The availability of long-acting medication means that most children with ADHD do not need to take medication at school. This chapter presents a detailed guide to specific medicines for ADHD, including short-acting stimulant medicines (Ritalin, Focalin, dexamphetamine, and Adderall IR), long-acting stimulant medications (Concerta, Ritalin LA, Focalin XR, Daytrana, Adderall XR, Metadate CD, and Vyvanse), and non-stimulant medications (imipramine [Tofranil], Clonidine, guanfacine [Intuniv], and atomoxetine [Strattera]).
Administrative Procedure and Judicial Review in Austria
Authors: Storr Stefan
Published: September 2021

This chapter discusses administrative procedure and judicial review in Austria. In Austria, there exists a principle of the 'exclusivity of legal sources'. Legal protection is only possible against certain administrative legal sources. In general, Article 130 B-VG pronounces judgments on complaints by the administrative courts against rulings by administrative authorities for unlawful acts; against the exercise of direct administrative power and compulsion to carry out unlawful acts; and on the grounds of breach of the duty to reach a decision by an administrative authority. In principle, the administrative court has to examine the case comprehensively; in general, there is no exclusion for specific administrative matters. It is of fundamental significance for the Austrian administrative judicial system that an administrative court of first instance generally decides on the merits of the case. Only in very exceptional cases does it set aside the contested act by the authority and refer the case back to it.
Administrative Procedure and Judicial Review in China
Authors: Sun Xiaowei
Published: September 2021

This chapter focuses on administrative procedure and judicial review in China. Despite its willingness to adapt to the rules of the global market, China does not accept the direct applicability of international standards in administrative litigation. Judicial review of administration is based on a set of legislative texts and judicial interpretations by the Supreme People's Court. Among these texts, the Administrative Litigation Law regulates the judicial review of administrative acts. There are two lists in its chapter concerning the scope of judicial review: one includes the administrative acts that are open to judicial review, another the acts that are not reviewable. In any case, it is up to the courts to examine the following two combinations of criteria: the degree of the seriousness of the infringement with the definition of the state interest and that of the public interest; and the degree of procedural breach with the definition of the real impact on the rights of the plaintiff. According to Article 76 of the ALL, in the case of annulment and/or declaration of unlawfulness of an administrative act, a court may order the administration to take measures to compensate the damage inflicted on the plaintiff.
Administrative Procedure and Judicial Review in Spain
Authors: Mir Oriol
Published: September 2021

This chapter discusses administrative procedure and judicial review in Spain. The Spanish Constitution of 1978 (CE) devotes two central provisions to judicial review of administrative action. Article 106(1) CE, located in Part IV on government and administration, establishes that 'The Courts control the power to issue regulations and to ensure that the rule of law prevails in administrative action, as well as to ensure that the latter is subordinated to the ends which justify it'. On the other hand, Article 24(1) CE enshrines the fundamental right to effective judicial protection, which also includes protection against administrative action: 'Every person has the right to obtain the effective protection of the judges and the courts in the exercise of his or her legitimate rights and interests, and in no case may he go undefended'. Judicial review is usually performed by specific courts fully integrated into the judiciary, the so-called jurisdicción contencioso-administrativa (administrative jurisdiction), competent to review administrative action subject to Spanish administrative law.
Administrative Procedure and Judicial Review in Switzerland
Authors: Tanquerel Thierry
Published: September 2021

This chapter examines administrative procedure and judicial review in Switzerland. Article 29a of the Federal Constitution (Cst.) provides that 'In a legal dispute, every person has the right to have their case determined by a judicial authority. The Confederation and the Cantons may by law preclude the determination by the courts of certain exceptional categories of case'. It is widely recognized that Article 29a Cst. grants the right of judicial review of administrative action to everyone whose rights or obligations are affected by such an action. Judicial review of administrative action is entrusted partly to courts with general jurisdiction, partly to specialized administrative courts, and partly to specific independent appellate committees. As a general principle, procedural rights are deemed 'formal rights' by the Federal Tribunal, whose violation would cause the act or the measure at stake to be quashed irrespective of its substantive merits. However, there are certain acts or measures issued by Swiss authorities which escape judicial control, when those acts or measures are primarily of a political nature. When an act is appealed before a court, the only question at stake is the validity of the act. If the court finds it unlawful for procedural or substantive reasons, it will either quash it or modify it to make it lawful.
Cases
Authors: della Giacinto
Published: September 2021

This chapter presents ten hypothetical cases. The first three cases include dismissing a civil servant without due process of law; the unwelcome asylum seeker; and deciding on a protected building without consulting experts. The second set of cases deal with an opaque administrative sanctions procedure; an administrative 'detention' without reasons; and the 'adequate' reasons for censorship'. These are followed by hypothetical cases concerning administrative orders and posthumous reasons; the industry representative that was not consulted; and citizens and environmental impact assessment. The final case focuses on the duty of public consultation. The chapter details the administrative procedure and judicial review in the legal systems selected for comparative analysis, with regard to the ten hypothetical cases.
Judicial Review of Administrative Action: Europe and Latin America
Authors: Chiti Mario P.
Published: September 2021

This chapter provides a comparison of the discipline of judicial review of administrative action in Latin America and in Europe. In terms of judicial review in Latin America, international organizations did not exercise an 'integrative influence' as the Council of Europe and the European Union did in Europe. It may be said that the relative homogeneity of the systems of judicial review in Latin America is mainly the result of the cultural polity formed by many states resulting from the disintegration of the Spanish and Portuguese domains. The chapter then considers the main points of the general part of Professor Brewer-Carias's report on the discipline of judicial review of administrative action in Latin America, which shows a situation very similar to the European one. These include the nature of judicial review; administrative procedure and judicial review; procedural infringements; administrative appeals; monism and dualism; and judicial proceedings.
France: Electoral Necessity and Presidential Leadership Beyond Parties
Authors: Guinaudeau Isabelle , Persico Simon
Published: September 2021

Coalition-making in France is under-studied, due to the peculiar way coalitions are formed, maintained, and terminated. Due to the majoritarian two-round electoral system, parliamentary elections often result in a one-party parliamentary majority, which barely leaves room for post-electoral coalition bargaining. Coalition agreements are negotiated prior to elections. They mostly consist of pre-electoral deals in which the coalition’s senior party grant a few seats to its potential partner, after both parties agree on a laconic policy document. Moreover, in a semi-presidential regime where the executive enjoys increasing powers, coalition members play a small role compared to the president (or the prime minister in times of cohabitation). Cabinet formation and portfolio allocation rest in the discretionary power of the chief of the executive and no real (in)formal coordination or negotiation takes place. Over the past few decades, France has undergone major institutional and political transformations that have reinforced those dynamics, effectively increasing the weight of the president in coalition bargaining and leaving minor parties quite powerless.
Germany: From Stable Coalition Camps to New Complexity
Authors: Debus Marc , Döring Holger , Ecker Alejandro
Published: September 2021

This chapter aims at presenting the characteristics of cabinets in Germany, in particular for the cabinets formed since the beginning of the twenty-first century. The chapter covers two decades of coalition dynamics and an era that has led to significant changes in German politics in general and the German party system in particular. The electoral support for the two catch-all parties – Christian Democrats (CDU/CSU) and Social Democrats (SPD) decreased in that time period, while the increased number of parliamentary parties and the increasing vote share for the smaller parties resulted in a more complex bargaining environment. We also discuss changes in the policy profiles of the parliamentary parties and how potential coalitions are discussed during election campaigns. The chapter provides first a brief overview on the institutional setting in which parties in Germany act and which influences the government-formation process, as well as the daily business of coalition governance. In a second step, we outline recent dynamics in the structure of the German party system. The final section summarizes the findings, considers if an overall trend in terms of changes in coalition governance exists in Germany, and discusses the impact of the parliamentary presence of a left- and a right-wing ‘pariah’ party—The Left and the Alternative for Germany—for coalition politics in Germany in the future.
Foundations of Intersectionality Theory
Authors: Bond Johanna
Published: September 2021

This chapter provides an overview of intersectionality theory and locates its origins in Black feminist thought in the United States, establishing the theoretical foundation necessary to apply the theory in the context of international human rights. The notion that multiple systems of oppression intersect in people’s lives and affect different individuals and groups of people differently opens up space for discussion about inter-group differences (e.g., differences between women and men) but also discussion about intragroup differences (e.g., differences in the experiences of discrimination among white women and women of color). Although its antecedents in Black feminist thought appeared much earlier, intersectionality theory surfaced in the late 1980s partly as a response to conceptual and pragmatic deficiencies in feminist legal theory and critical race theory. In 1989, Kimberlé Crenshaw published a germinal essay defining intersectionality theory. In Demarginalizing the Intersection of Race and Sex: A Black Feminist Critique of Anti-Discrimination Doctrine, Feminist Theory and Antiracist Politics, Crenshaw demonstrated how neither feminist nor anti-racist advocacy fully captured the marginalization of women of color. Building on Crenshaw’s significant contributions, the chapter explores the evolution of intersectionality theory, its transformative tenets, and the critiques of the theory.
Strategies for Reform: Facilitating Intersectionality in Human Rights Advocacy
Authors: Bond Johanna
Published: September 2021

An intersectional human rights framework offers victims of human rights violations the best chance to recover remedies that fully address the complex and structural dimensions of the violations. To be effective within any national, regional, or international human rights system, however, intersectionality must be part of the institutional culture. Members of the human rights bodies must be conversant with the theory and comfortable applying it in a variety of human rights scenarios. Chapter 7 explored the ways in which NGOs can facilitate intersectional analysis by engaging human rights bodies in the discourse of intersectionality. This chapter examines structural reforms within the UN human rights system that will foster intersectional analysis. Breaking down the silos in the treaty body system and creating opportunities for collaboration will help to facilitate system-wide intersectional analysis, all of which will benefit victims of human rights violations around the world.
The Will to Nothingness
Authors: Reginster Bernard
Published: September 2021

In the present study, I develop an interpretation of the critical approach to morality (especially Christian morality), which Nietzsche develops in On the Genealogy of Morality. My approach is framed by his characterization of its three essays as psychological studies, and more specifically as applications of his claim that moralities are “signs” or “symptoms” of the affective states of moral agents. The relation between morality and affects envisioned here is functional, rather than expressive. The genealogical inquiries are designed to show how Christian morality is well suited to serve certain emotional needs. They reveal the role played by a particular emotional need, manifested in the affect of ressentiment and the urge for revenge. This is the need to have the world reflect one’s will, which is rooted in a special drive toward power, or toward bending the world to one’s will. Revenge is plausibly understood as aiming to bolster or restore power when it is threatened, and the adoption of the conceptual apparatus of Christian morality, including its new values, is a particular way to do so: by altering the agent’s will (her values), it alters what counts as power for her. By thus revealing how it is well suited to play such a functional role in the emotional economy of moral agents, the genealogical inquiries arouse critical suspicion toward Christian morality. The use of this moral outlook as an instrument of revenge is problematic not because it is immoral, but because it is functionally self-undermining.
The Veronica (Tipped-in)
Authors: Eisner Martin
Published: September 2021

This chapter explores the significance of Dante’s use of the Veronica in the final chapters of the Vita nuova. Beginning with a tipped-in illustration from Botticelli in an early twentieth-century Spanish translation, this chapter uses the Veronica to highlight the work’s entanglement in the world and Dante’s desire to share the miracle of Beatrice with a larger public. Making Beatrice into a substitute Veronica, Dante draws on the unusual relation between original and copy that is already present in the Veronica itself, which is the impress of Christ’s face. Although the copy is honored as an original, the point of the image to produce copies, just as Dante wants later readers to reproduce his book. To copy Dante’s book gives Beatrice new life. Returning to Botticelli’s image, the chapter examines how Dante reprises many of the Vita nuova’s features discussed in the preceding chapters for his encounter with Beatrice in Earthly Paradise. The chapter concludes by taking up the controversial identification of Botticelli’s painting as a representation of Philology to argue for the connection between this lush and flowering figure and the conjunction of philology and world literature explored in this book.
Virtue, Ambition, and the Balanced Constitution
Authors: Mortimer Sarah
Published: September 2021

The turmoil in Europe in the early sixteenth century revealed some of the weaknesses of princely power and imperial authority; it was clear that the much-needed reform and rebalancing could not be enacted solely from above. This chapter focuses on works which called for the promotion of civic virtue and the strengthening of institutions, especially in a time of rapid social, economic, and political upheaval. In Venice, Gasparo Contarini set out an idealized model of mixed government while in the Holy Roman Empire magistrates and officials were encouraged to uphold the common good—often a common good shaped by Protestant thinking. However, the case of Miguel Servetus in Geneva sparked further discussion of the role of the magistrate in upholding religious truth and generated new arguments for toleration. Meanwhile, many writers looked to ancient Greece and Rome for inspiration and advice, and new research by men like Carlo Sigonio revealed that Rome’s political system had itself been affected by social and economic change. In England Sir Thomas Smith drew on some of this research to advocate a broadly based citizenry in which wealth, lineage, and merit were all seen as important qualifications for office-holding.
Incorporating Rights
Authors: George Erika
Published: September 2021

Incorporating Rights: Strategies to Advance Corporate Accountability examines existing and emerging advocacy strategies that could conceivably close a global governance gap that puts human rights at risk and places commercial actors at risk of becoming complicit in human rights abuses when conducting business in emerging market economies and complex environments. Corporate codes of conduct, sustainability reporting, and selected multistakeholder initiatives are presented as the building blocks of a system of soft law that could solidify to become binding baseline standards for better business practices. This book explains the conditions that have given rise to constructive change as well as those methods and mechanisms with promise for ensuring that business enterprises incorporate human rights considerations into business operations. This book explores how capital and consumer markets could provide an additional or alternative form of enforcement to promote responsible business conduct. It provides accounts of the creation of industry sector regulatory instruments and governance institutions arising from allegations of corporate complicity in human rights abuses. It examines how corporate social responsibility initiatives could close the governance gap and how codes of conduct could come to regulate like real rules. This book argues that regulation through information is essential to ensure that corporate conduct will be informed by human rights considerations and implemented consistent with respect for human rights. Where concerned consumers and investors exercise preferences for products that are not associated with abuse and have access to information on corporate performance and risks posed to human rights, there is potential to change corporate conduct. Societal expectations are increasing and evolving.