bluuebunny/crossref_metadata_2025 huggingface dataset:
Varieties of Dispute Processing
Authors: Sander Frank E.A.
Published: June 2021

This article explores various dispute resolution mechanisms, assessing how they can be utilized so that one can develop some rational criteria for allocating various types of disputes to different dispute resolution processes. With the development of administrative law, the delegation of certain problems to specialized bodies for initial resolution has become a commonplace. Within the judicial sphere, too, specialized courts have been developed to handle family problems and tax problems, among others. While the mediation-arbitration model is useful, another device that bears further utilization is the screening-adjudication model. Ultimately, the article advocates for a flexible and diverse panoply of dispute resolution processes, with particular types of cases being assigned to differing processes, according to some of the criteria.
Sponsoring Castro’s Refugees
Authors: Stockhausen Ulrike Elisabeth
Published: June 2021

This chapter covers evangelical churches’ responses to Cuban refugees between 1959 and 1965, which constituted the first large-scale refugee resettlement initiative by a large evangelical denomination, as well as a well-established public-private partnership between the US government and evangelical churches. Evangelicals, particularly Southern Baptists, provided relief for and sponsored Cuban refugees as an outgrowth of their anticommunism as much as out of their religiously motivated missionary zeal. The Southern Baptist Convention—the nation’s largest Protestant denomination—resettled more than a thousand Cuban refugees. Southern Baptist refugee sponsors provided a roof to sleep under, furnished refugees’ new homes with blankets and kitchen appliances, secured employment for the families’ breadwinners, and enrolled Cuban children in school and the adults in English language classes. While not involved in resettlement, the Pentecostal Assemblies of God shared the Southern Baptists’ missionary zeal and catered to Cuban refugees’ material and spiritual needs.
Epilogue
Authors: Stockhausen Ulrike Elisabeth
Published: June 2021

The epilogue addresses the contradictions in evangelicals’ current attitudes about refugees and immigrants. It explores diverging attitudes and responses to the 2015 refugee crisis as well as to the travel ban and the separation of families at the southern US border in the first years of the Trump presidency. Applying the book’s argument that politics has shaped evangelicals’ theology in their views on immigration, these divisions on immigration are placed in the context of other issues that have produced cracks in the evangelical movement, such as gun control or LGBTQ rights.
What Is Personalized Law
Authors: Ben-Shahar Omri , Porat Ariel
Published: June 2021

This chapter introduces the paradigm of personalized law as a distinctive jurisprudential method. It is a particular version of contextual law characterized by individualization: legal commands depend not only on external circumstances, but also on interpersonal differences between people. To identify with precision the relevant differences, and to use these features in a properly weighed manner, personalized law relies on machine-sorted information. For example, algorithms would be trained to identify personal attributes correlated with riskiness, so as to tailor personalized standards of care. The chapter identifies embryonic versions of personalized rules in existing and in old legal systems, to demonstrate that even when legal rules are formally uniform, personalized commands sometimes emerge in their shadow. It also shows the prevalence of private personalized regulation, whereby non-governmental entities develop personalized norms to regulate commercial, religious, and household domains.
Personalized Regulatory Techniques
Authors: Ben-Shahar Omri , Porat Ariel
Published: June 2021

This chapter expands the demonstration how personalized law would transform existing legal institutions. The chapter shifts the focus from specific doctrines to regulatory techniques. These are generic approaches to the design of legal interventions, used in every area of law. The chapter examines the personalization of several techniques: default rules, mandated disclosures, compensatory damages, and bundles of rights. With each of these tools, the law presently prescribes one-size-fits-all rules, designed to either best fit the average person, or to promote the interests of a specific subgroup of the population. By shifting to personalized rules, the law could simultaneously advance the interests of different groups and individuals. The chapter shows that designing personalized default rules, disclosures, damages, or bundles of rights would promote the goals underlying these interventions. Personalized default would mimic peoples’ preferences more successfully and reduce the incidence of opt-out. Personalized disclosures stand a chance of being more useful to people. Personalized compensation would come closer to making victims of wrongs whole. And personalized bundles of rights would recognize the diversity of people’s interests and aspirations.
Personalized Law and Equal Protection
Authors: Ben-Shahar Omri , Porat Ariel
Published: June 2021

This chapter examines personalized law from the perspective of the Equal Protection Clause in the United States Constitution. Some classifications of people, when made for the purpose of differentiated treatment, are subject to stifling doctrinal constraints. Could such classifications be made under personalized law? The chapter argues that personalized law mitigates the constitutional concerns relating to suspect classifications. Treating people as individuals, using multi-attribute data-weighed tailoring, and not as identical members in a certain class, is permissible because members of the class are not singled out for class-specific uniform treatment. The chapter examines landmark Supreme Court cases on sex and race classifications, showing that the limits set by the Court and the narrow permission it granted for some uses of classifications, all fit well within a scheme of personalized law. In addition, the chapter examines problems of unintended disparate impact that could arise under personalized law, and demonstrates the unique advantage of the algorithmic methods fueling personalized law in reducing and eliminating such effects.
Manipulation
Authors: Ben-Shahar Omri , Porat Ariel
Published: June 2021

This chapter examines a potential distortion that personalized rules might breed: manipulation. Anticipating ways in which their personal traits might affect their legal treatment, people could make socially undesirable choices in order to qualify for more favorable commands. If, for example, one’s investment in improved technical skills leads to an increase in the personalized standards of care under tort law, the incentives to invest might be chilled. The chapter examines various forms of manipulation. It first discusses the distorted incentive to develop human capital. It then explores the possibility of “pretending”—people’s attempts to change not their underlying traits but their appearance. It also demonstrates a third problem, “arbitrage,” where people circumvent the personalized treatment by operating through agents or purchasing superior legal treatments from others. Recognizing this array of manipulative strategies, the chapter than offers two responses. It argues that the scope of the manipulation problem is minor, first because each personal trait has typically only a small incremental effect on any legal command. Second, in cases where manipulation is potentially significant, non-manipulable inputs could be used.
Introduction
Authors: Mapes Gwynne
Published: June 2021

This chapter introduces the main topics addressed in the book, beginning with a consideration of “eliteness” in contemporary society and how this relates to food consumption, to language, and to authenticity. Here Mapes also lays out the theoretical cornerstones of her research: social class, neoliberalism, and elite discourse; contemporary eating and food rhetorics; material culture and language materiality; and terroir and authenticity. After addressing each of these bodies of literature in turn, Mapes proceeds to explain her methodological approach, which includes a critical/multimodal/autoethnographic orientation to discourse. The chapter concludes with an overview of the rest of the book, and an introduction to “elite authenticity.”
Jesus and the Jews
Authors: Jackson Timothy P.
Published: June 2021

In this chapter, I explore two specific “parallel paradoxes” between Jesus and the Jews. Though Jesus was sinless, Imperial Rome was right, by its own lights, to execute him for sedition: his message did relativize the Emperor and the Empire. Though the Jews were sinless, Nazi Germany was right, by its own lights, to seek to annihilate them for sedition: their message did relativize der Führer and the volkish nation. Though Jesus was beloved of God and a vehicle of God’s salvation of the world, he experienced the trial of seeming to be forsaken by the Father (and the disciples) on the cross: “My God, My God, why have you forsaken me?” (Matthew 27:46). Though the Jews were chosen by God and a vehicle of God’s salvation of the world, they experienced the trial of seeming to be forsaken by the Father (and the world) in the Nazi death camps.
A Closer Look at Schadenfreude and the Prophetic
Authors: Jackson Timothy P.
Published: June 2021

I contend that schadenfreude, taking joy over the misfortune of others, can be seen as an offshoot of the formal Nazi project of Kraft durch Freude, finding strength through joy. Schadenfreude generated collective pleasure at the expense of the humanity of the Jews, while Kraft durch Freude produced collective pleasure at the expense of one’s own humanity. In the latter case, individual conscience was bought off with “bread and circuses.” In all cases, the overriding value was power and self-distraction rather than traditional virtue. I am not claiming that moral joys are identical to or utterly indistinguishable from immoral ones, since the two kinds can be evaluated by their fruits as well as by their durability, but I would contend that evil can occasion profoundly pleasant and animating affections, at least for a time, as in the Third Reich. See the smiling faces of German soldiers lynching communists and Jews.
Good Morning, Atlantis!
Authors: Rowlands Mark
Published: June 2021

This chapter describes the problems facing a particular coastal metropolis—Miami, Florida—in the face of sea-level rise induced by climate change. The science underlying sea-level rise is outlined, and important concepts such as marine ice cliff instability are introduced. Sea-level rises of between 1 and 7 feet can be expected by 2100, although where in this range such rises fall is a matter of significant uncertainty. Sinking beneath the waves—which would, barring significant architectural interventions, occur when sea-level rise reaches 5 to 7 feet—is the least of Miami’s problems. It will cease to exist as a viable city long before this, due to problems with water supply and disposal of wastewater, and the resulting financial crises engendered by this. Sea-level rise is far from the worst problem engendered by climate change. We focus on it only because it is easily quantified.
The Great Dying
Authors: Rowlands Mark
Published: June 2021

The benefits of no longer eating animals extend beyond climate mitigation. It will also mitigate current species extinction trajectories. This chapter looks at the history of human-caused extinctions. A great extinction occurs when a percentage of a species dies out (e.g., 75%). A mass extinction occurs when the actual rate of extinction exceeds the normal background rate by a certain margin (e.g., 1000×). There are good reasons for thinking that a mass extinction of species is currently occurring. Humans are the cause of this, as they have been the cause of all major extinction pulses since the Quaternary period. This chapter examines one of the Quaternary extinction pulses of 8000–11,500 years ago and defends the hominin paleobiogeography hypothesis, that is, that humans were substantially responsible for this pulse of extinctions. An undue focus on extinction, however, can mask the harm we are currently doing to species.
Patterns and Puzzles
Authors: Boulding Carew , Holzner Claudio A.
Published: June 2021

This chapter describes in detail patterns of political participation in Latin America with a particular focus on the political activity of poor citizens. It also introduces the book’s measures of poverty and political participation and engages in some preliminary statistical analysis in order to rule out alternative explanations. We identify three important findings: first, the poorest individuals in Latin America now participate in politics at least as much as, if not more than, more affluent individuals; second, the relationship between wealth and political activism is not uniform across countries or acts: in some places poor people participate more than the affluent, in most countries there is no difference in overall levels of participation across social classes, and in a few countries political stratification by class continues; third, the chapter shows that poor people do vote and protest a bit less than more affluent people but contact government more. It is the frequency with which poor people contact government officials that accounts for much of the equality in political participation that the book identifies. The analysis finds little evidence that individual-level factors explain these patterns. Instead, poor individuals participate as much or more than more affluent individuals despite possessing lower levels of education, political interest, and wealth. The chapter also explores the effect that efforts at vote buying and clientelist mobilization have on poor people’s activism, showing that although clientelism is common, it not the only mechanism through which poor people are mobilized into politics.
Community Organizations and Mobilization from Below
Authors: Boulding Carew , Holzner Claudio A.
Published: June 2021

Chapter 4 examines the role that community organizations play in mobilizing poor people into politics. It shows that part of the explanation for the unusually high levels of participation among poor citizens in Latin America can be traced to extraordinarily high levels of community organization. People across all social classes in Latin America are very involved in community organizations, including neighborhood associations, community groups, parent groups, professional organizations, religious groups, and women’s organizations. The chapter shows that organizations promote greater political participation by poor citizens through two mechanisms. The first operates at the community level, through the mobilizational resources and infrastructure provided by densely organized communities that reduce barriers to collective action. The second operates at the elite level, when parties and campaigns channel their political mobilization efforts through organizations rather than targeting atomized individuals. The evidence shows that the effect of involvement with community organizations has a stronger effect on political activism of poorer citizens—but only for voting and protesting, thus helping to equalize overall levels of political participation.
Political Parties and Electoral Competition
Authors: Boulding Carew , Holzner Claudio A.
Published: June 2021

Chapter 5 considers the effect of political mobilization efforts by political parties on the political activity of Latin America’s poorest citizens. Political parties play critical roles in mobilizing citizens in democracies, but we do not understand very well the conditions under which parties will focus their efforts on low-income individuals. This book’s framework emphasizes the organizational capacity and the electoral incentives parties have for mobilizing the poor to better understand who participates and in what kinds of activities. This chapter shows that where parties have greater organizational capacity and stronger linkages to groups in society, and where they face stiff electoral competition, poor people are more politically active, and we see more equal levels of political participation overall. The chapter also shows that dominant parties that win elections by wide margins tend to ignore the poorest citizens, even if they are leftist parties with strong rhetoric around poverty and inclusion.
Introduction
Authors: Grasso Christopher
Published: June 2021

A through-line in Kelso’s multifaceted life is his commitment to manhood. “Manhood” in nineteenth-century America was about more than the gendered distinctions between the masculine and the feminine. It was what distinguished the human from the beast, and the adult from the child. It had both political and economic characteristics. It demanded that the man take action according to the dictates of conscience. Moreover, there were different dialects of manliness, even among men of the same race, class, ethnicity, and region: competitive or fraternal, passionate or stoic, explosively violent or piously persevering. For Kelso manhood was at once an expectation for all adult males, a quality of character to be developed and expressed, and a prized achievement earned from others. This theme helps us see how aspects of nineteenth-century American culture that might seem worlds apart were in fact experientially connected.
I Will Rule
Authors: Grasso Christopher
Published: June 2021

Kelso spent his first nine years, in the 1830s, in a crude cabin in backwoods Ohio with his parents and six siblings. He later told tales of wilderness life: an attack by wolves, a swarm of pigeons, an army of hungry squirrels. He remembered his mother beating his backside with a beech limb when, after trying to teach goslings to swim by holding them underwater, he drowned them. Thinking his baptism was another punishment for misbehavior, he tried to run away, and then, when captured, bit the minister in the leg. Descended from a line of independent Scots, he thought his name meant “I will rule.”
Wanderer upon the Earth
Authors: Grasso Christopher
Published: June 2021

In the mid-1850s, Kelso was a successful schoolteacher and preacher, reading through a college curriculum in his off hours and, intellectually, pushing past the boundaries of Methodist orthodoxy. But his married life was miserable. His wife Adelia was so depressed he feared for her sanity, and he discovered she had been aborting her pregnancies. By the time she confessed she didn’t love him and they agreed to divorce, he had fallen in love with one of his nineteen-year-old students. His marital troubles, however, scandalized his church and the congregation denounced him. Publicly renouncing Methodism, he became “a wifeless, homeless, churchless . . . and moneyless wanderer upon the earth.” Feeling reckless, he crossed thin ice on the Missouri River, fell through, and nearly drowned.
Who the Devil Are You, Anyway?
Authors: Grasso Christopher
Published: June 2021

Declining the chance to become an officer to make a point about patriotism, Kelso joined the 24th Missouri Infantry as a private. Sent on solo spy missions, he learned to assume the identity he needed: as a gentleman giving speeches at Confederate recruiting stations, or as a coarse, racist rebel denouncing abolitionists. Back home in Buffalo, after Union General John C. Frémont’s campaign to push the Confederates out of southwest Missouri was abandoned, Kelso’s secessionist neighbors burned his house down and drove his family out into the snow. He vowed to kill twenty-five rebels with his own hands in revenge. On another spy mission, he was captured and condemned to hang, but made a daring escape.
My Dear Susie, the Bullets Began to Scream
Authors: Grasso Christopher
Published: June 2021

As his wife, Susie, followed the news from Collinsville, Illinois, Kelso marched in the 1862 campaign led by General Samuel Curtis’s 12,000-man Army of the Southwest, chasing the Confederate army out of Missouri and into Arkansas. After the Union victory at the Battle of Pea Ridge, Kelso joined the 14th Missouri State Cavalry as a first lieutenant. His first major battle with that regiment was an embarrassing defeat at the Battle of Neosho. Kelso’s account of the battle is vastly different from that of his bumbling colonel, John M. Richardson. Throughout, he wrote letters to Susie, hoping she would admire his courage and sacrifice and fearing that she was being seduced by a former friend.
I Am Kelso
Authors: Grasso Christopher
Published: June 2021

In January 1863, a large Confederate force swept up from Arkansas. Kelso and his men discovered the advance and were chased back to the fort at Beaver Station and then to the one at Ozark, both of which the Confederates destroyed as they marched north to their target, Springfield. The Battle of Springfield pitted about 2,300 Federals defending the town, including local men and boys in the militia and patients in the army hospital, against a like-sized Confederate force commanded by General John S. Marmaduke. The men fought all day with artillery shells flying overhead. Kelso went spying at night, creeping among the wounded and the dead. Unable to take the town, the Confederates withdrew the next morning. In the aftermath, Kelso’s conflict with his drunken commanding officer lead to court martial proceedings, but Kelso was acquitted.
Hero of the South West
Authors: Grasso Christopher
Published: June 2021

Kelso earned regional fame as a hunter of rebel bandits and bushwhackers. Stories about him spread by word of mouth and lingered into the later nineteenth century. Rebels called him a cruel monster; Unionists hailed him as the Hero of the South West. He was remembered as a polite, scholarly man who read books of philosophy or German grammar in camp, rode a charmed horse named Hawk Eye, and carried an oversized shotgun. He was renowned for his “individual heroism,” his fearlessness, and for fighting like a “tiger” in hand-to-hand combat. In the summer of 1863, however, his luck temporarily ran out when he was hit by a shotgun blast and crushed beneath his fallen horse.
Electioneering with a Big Shotgun
Authors: Grasso Christopher
Published: June 2021

While still serving and fighting, Kelso challenged the sitting congressman for Missouri’s Fourth District, Sempronius Boyd, for his seat in the 1864 election. Both were Radical Republicans, so Kelso had to make the contrast about character. He also gave a few political speeches clarifying his positions on Reconstruction, especially concerning Black rights and the treatment of rebels and the rebellious states. He discovered documents related to the secret rebel society, Knights of the Golden Circle. As Election Day approached, he was in the field as Confederate General Sterling Price invaded Missouri with 12,000 soldiers. Price was beaten and Kelso was elected.
The Great Mistake
Authors: Grasso Christopher
Published: June 2021

Worn down by the summer of 1866, Kelso withdrew from the fall election. There was still work to be done, however, in the second session of the Thirty-Ninth Congress in the spring of 1867. He helped push the Radical Republican agenda for Reconstruction, including passage of the Fourteenth Amendment. He was one of the first to call for the impeachment of President Andrew Johnson. He proposed another constitutional amendment, which would have promoted racial, gender, and social equality and given a federal guarantee to public education. But as lobbyists offered railroad junkets and stock schemes, he also saw political corruption firsthand. In retrospect, though, he felt his greatest mistake was in rejecting the administration’s offer to make him a diplomat, which would have changed the course of life and avoided the tragedies that shortly followed.
The Cold, Dark River
Authors: Grasso Christopher
Published: June 2021

After serving in Congress, Kelso resolved to open his own academy in Springfield. He supported the women’s suffrage movement in town. But he had borrowed heavily to build a large school building, and when few students enrolled, he was financially ruined. He ran for Congress again in 1868, but in a bitter campaign focused on monetary policy and filled with dirty tricks, he floundered and was badly beaten by his old nemesis, Pony Boyd. All of this only added to the strain of his marriage, already plagued by sexual problems and mutual jealousies. Kelso’s great tragedy, however, was not financial, political, or marital. In early September, 1870, his five-year-old son died suddenly from tetanus after stepping on a rusty rake. Only two weeks later, his fourteen-year-old son committed suicide. Kelso was shattered. The following year, his marriage in ruins, he took his eldest daughter Florella and headed west.
Mirages
Authors: Grasso Christopher
Published: June 2021

Turning fifty, Kelso planned to enlist “in the invincible little army of Liberalism” by lecturing across the country and publishing his books. A report he published from the road tried to explain desert mirages. In New York City, he met with other freethinkers and arranged to have some of his books printed. In Rochester, New York, he met with reformers and spiritualists. But his health would not permit him to be a public lecturer. For months, the disappointment nearly paralyzed him. On a train trip he saw another mirage and reflected that the weary desert traveler who leaves the true path to pursue a phantom lake was like people “who have left the paths of reason, science, and common-sense to follow the phantoms” of religion. Yet he himself soon converted to spiritualism, convinced that the spirits of his dead children hovered about to comfort him.
Organizational Change for the Human Services
Authors: Packard Thomas
Published: June 2021

This book presents an evidence-based conceptual framework for planning and implementing organizational change processes specifically focused on human service organizations (HSOs). After a brief discussion of relevant theory and a review of key challenges facing HSOs that create opportunities for organizational change, a detailed conceptual framework outlines an organizational change process. Two chapters are devoted to the essential role of an organization’s executive or other manager as a change leader. Five chapters cover the steps of the change process, beginning with identifying a problem or change opportunity; then defining a change goal; assessing the present state of the organization (the change problem and organizational readiness and capacity to engage in change); and determining an overall change strategy. Twenty-one evidence-based organizational change tactics are presented to guide implementation of the process. Tactics include communicating the urgency for change and the change vision; developing an action system that includes a change sponsor, a change champion, a change leadership team and action teams; providing support to staff; facilitating the development and approval of ideas to achieve the change goal; institutionalizing the changes within organizational systems; and evaluating the change process and outcomes. Four case examples from public and nonprofit HSOs are used to illustrate change tactics. Individual chapters cover change technologies and methods, including action research; team building; conflict management; quality improvement methods; organization redesign; organizational culture change; using consultants; advancing diversity, equity, inclusion, and social justice; capacity building; implementation science methods; specific models, including the ARC model; and staff-initiated organizational change.
A Conceptual Framework
Authors: Packard Thomas
Published: June 2021

Theories such as rational adaptation and transformational change have particular relevance for organizational change. A conceptual model includes organizational problems and conditions; change goals; strategy; change tactics such as demonstrating urgency, clarifying the change vision, providing a plan, developing communication processes, and providing for staff participation. Structures include action systems consisting of change sponsors, change champions, and action teams. Processes including ongoing communication, team building, and conflict management are all necessary. Implementation methods and technologies can include traditional organization development tools such as employee surveys, process consultation, and team building, as well as specific interventions, including quality improvement models; implementation science processes; organization culture change; and addressing diversity, equity, and inclusion issues. Change content, process, and context all need to be considered in planning a change intervention. Changes must be institutionalized in organizational policies and procedures. Outcomes of the change should be clearly defined in order to evaluate results.
Using Consultants
Authors: Packard Thomas
Published: June 2021

There are two fundamental types of consultants. Process consultants offer methods to use to solve a problem but rely on the client organization to decide how to use the methods, including making the decisions on what to actually do. The more well-known type of consultation is referred to as expert consultation. These consultants are contracted to fully complete a project or set of tasks. There should be a very detailed process for assessing and selecting a consultant and developing clear plans regarding roles and change activities. Issues, including confidentiality, how “deep” the consultation will potentially go into issues in the organization, and how much the consultation will include developing internal skills and knowledge of staff, are especially important. Organization development is a major process consultation method and field of practice. Such consultants are experts in change management processes, including conducting employee surveys and facilitating workshops and problem-solving groups.
Improvement Methods for Human Service Organizations
Authors: Packard Thomas
Published: June 2021

A number of methods for improving organizational operations are becoming more common in human service organizations. Capacity building typically addresses enhancing management systems capacity in areas such as strategic planning, information systems, and fund development. Benchmarking and best practices are tools that can be used at the level of the entire organization or for specific service delivery practices to search for models that can be adapted to one’s own organization. Implementing evidence-based practices, known broadly as implementation science, is a very common organizational change challenge for human service organizations these days. Formal evidence-based practice implementation methods for human service organizations include the exploration, adoption/preparation, implementation, and sustainment model and the work of the National Implementation Research Network. Organizational learning and learning organization principles are become increasingly better known in human service organizations and actually represent an arena of organizational change that can help organizations develop ongoing methods for continuous improvement.
Friendship, Marriage-Like Relationships, and Informal Marriage
Authors: Katz Sanford N.
Published: June 2021

This chapter discusses issues of establishing adult relationships, including friendship and informal marriage, and how individuals have attempted to regulate their upcoming marriage by entering into prenuptial agreements. The road to marriage has traditionally consisted of romantic friendship, courtship, engagement, and then formal marriage. It is during the formal or informal engagement period that a couple may think of entering into a prenuptial agreement. However, this behavior pattern has changed dramatically in the past fifty years. There may no longer be defined periods on the road to marriage, and marriage itself may no longer be the final relationship between two people. Whatever the arrangement, the relevant legal questions are the following: What relationships should be labeled “family”; who should be authorized to make such a designation, the state or the parties themselves; and should the state regulate them? At the present time, two kinds of adult relationships that are not formally recognized by the state as marriage are contract cohabitation and domestic partnership or civil union.
Marriage
Authors: Katz Sanford N.
Published: June 2021

This chapter examines the establishment of formal marriage, including same-sex marriage, and the legal issues involved in maintaining that relationship. While in the past the marital relationship was wholly defined by the state, now certain aspects of the relationship can be negotiated by the parties, which may result in a more egalitarian relationship. Also, by including the marriage within the world of contract, one effect is to move the status away from its religious roots and aspects and toward its being a secular relationship. The benefit of treating marriage as a special kind of partnership contract is that it emphasizes the individual nature of the relationship and downplays its community aspects. Indeed, the modern marriage is more like an association, in some situations a business association, of two adults who have preserved their individual rights. The chapter then considers freedom to marry as a fundamental right and looks at how states have limited marriage formation throughout history.
Singing through Evil Times
Authors: McHugh Dominic
Published: June 2021

Undaunted by the problems with Molly Brown, Willson plunged ahead with his next musical, Here’s Love. This chapter explores how Willson’s attempts to adapt the classic film Miracle on 34th Street into a stage musical presented a new challenge for him (it was his first literary adaptation) and also uses new archival documents to reveal the backstage tensions that blighted the production. The chapter shows how the original director Norman Jewison was replaced by the producer, Stuart Ostrow, who worked hard to turn the musical into a modest success, but the results were unimpressive compared to Willson’s previous shows. The chapter examines how the adaptation changes the gender dynamics between the two lead characters to its detriment, yet aspects of Willson’s adaptive innovations were arguably an improvement on the film.
Military Advantage
Authors: Cohen Amichai , Zlotogorski David
Published: June 2021

Chapter 4 focuses on two major questions regarding the “direct and concrete military advantage” of the attack component of the principle of proportionality. First, it seeks to clarify what constitutes a direct and concrete military advantage. The analysis is based on a close reading of legal texts, and on a discussion of practical problems commanders face in assessing the advantages gained by military operations. Issues discussed include the temporal proximity of the advantage to the operation; the required causal link between the attack and the advantage; how substantive the advantage needs to be, and more. Second, the chapter discusses the definition of the term attack, and explains why the attacking party should not consider advantages from the entire campaign, nor should it be limited to considering the advantages from an isolated incident. Instead, the chapter explains the term “the attack as a whole” and how it is applied by states.
Incidental Harm and the Analysis of Proportionality
Authors: Cohen Amichai , Zlotogorski David
Published: June 2021

The principle of proportionality requires weighing the expected military advantage from an attack against the anticipated harm to civilians and civilian objects. This chapter discusses the civilian side of the proportionality equation. It presents the most comprehensive discussion of this subject in the existing literature. The following issues are scrutinized: the meaning of the term civilian; the kinds of harm that the attacking party should consider (damage to persons and objects, economic harm, damage to the environment); the need to take into account indirect and reverberating effects of the attack; the required certainty in anticipating that the attack’s harm would be inflicted; and finally—what constitutes “excessive” incidental harm. The chapter then discusses how the two sides of the proportionality analysis must be weighed and compared. Is proportionality merely any imbalance between the collateral damage as compared with the military advantage, or is a higher threshold required? From whose viewpoint is proportionality examined and under what standard of examination?
Soldiers vs. Civilians
Authors: Cohen Amichai , Zlotogorski David
Published: June 2021

Should the interest of protecting the lives of soldiers be examined as part of the military advantage anticipated from an attack? To what level of risk should parties to an armed conflict expose their soldiers in order to minimize harm to civilians? This dilemma, also known as force protection, has been gaining prominence in legal discourse and military practice as Western societies have become more averse to suffering casualties of members of their own military. The chapter promotes the position that protecting the lives of soldiers should be considered in the proportionality analysis as part of the military advantage. Regarding the weight that should be given to the protection of soldiers’ lives, the chapter differentiates between three types of situations in which different levels of protection should afforded to lives of soldiers: (1) attacks that are preplanned, where the protection of the lives of soldiers should be at the lowest level; (2) situations in which units encounter civilians during an operation, where protection of the lives of soldiers should be at a higher level; and (3) units that find themselves under attack, where the protection of lives of soldiers should be at the highest level.
Judicial Review and Investigations
Authors: Cohen Amichai , Zlotogorski David
Published: June 2021

This chapter focuses on the external review of the application of the principle of proportionality. The chapter first considers judicial review of the application of proportionality. Two kinds of review are compared: the ex ante review applied by courts before an action is taken and the ex post review, including criminal investigations. The authors suggest that both kinds of judicial review are ineffective ways to apply the principle of proportionality. An alternative approach is then considered: creating permanent Humanitarian Law Commissions, with the authority to investigate possible violations of the principle of proportionality. Humanitarian Law Commissions could monitor the propriety of criminal or disciplinary investigations conducted by the military; but, more importantly, they could also engage in policy review—that is, they could review ex post whether a specific policy or operation was conducted in accordance with international law, and issue recommendations for future military actions. Such recommendations may help clarify for the military some of the more complex norms they are required to implement.
The Son King
Authors: Al-Rasheed Madawi
Published: June 2021

The murder of journalist Jamal Khashoggi at the Saudi consulate in Istanbul by regime operatives shocked the international community and tarnished the reputation of the young, reformist Crown Prince Muhammad bin Salman. This book situates the murder in the context of the duality of reform and repression and challenges common wisdom about the inevitability of the latter. The author dismisses defunct views about the inescapable ‘Oriental Despotism’ as the only pathway to genuine reform in the country. Focusing on the prince’s divisive domestic, social and economic reforms, the author argues that the current wave of unprecedented repression is a function of the prince consolidating his power outside of the traditional consensus of royal family members and influential Saudi groups. But the divisive populist nationalism bin Salman has adopted, together with repressing the diverse critical voices of religious scholars, feminists and professionals, has failed to silence a vibrant young Saudi society and an articulate and connected youth cohort. Due to its repression, Saudi Arabia is now producing asylum seekers and refugees who seek safe havens abroad to pursue their quest for freedom, equality and dignity. While the regime continues to pursue them abroad and punish their families at home, exiled activists are determined to continue the struggle against one of the most repressive monarchies in the Arab world.
Jihadism in Europe
Authors: Khosrokhavar Farhad
Published: June 2021

European jihadism is a multi-faceted social, political and cultural phenomenon, linked not only to the extremist behavior of a limited group but also to a broader crisis, including the lack of utopia and loss of meaning among the middle class, and the humiliation and denial of citizenship among disaffiliated young people in poor districts all over Western Europe. The family and its crisis, in many ways, have played a role in promoting jihadism, particularly in families of immigrant origin whose relationship to patriarchy was different from that of the mainstream society in Europe. Among middle-class families, the crisis of authority was a key factor for the departure of middle-class youth. At the urban level, a large proportion of jihadists come from poor and ethnically segregated districts with high levels of social deviance and the stigma attached to them. Within these poor districts, a specific subculture was built up (I call it the slum culture), which influenced young people and imposed on them a lifestyle likely to combine resentment and deviance with humiliation and denial of citizenship in a difficult relationship with mainstream society. But jihadism was also an expression of the loss of hope in the future in a globalized world among middle-class and lower-class youth. The caliphate in Syria promised the earth to these young people during its ascent between 2014 and 2015 and even after, this time as a prophet of a gloomy end times.
Jihadi Actors
Authors: Khosrokhavar Farhad
Published: June 2021

IS jihadism attracted several new categories of male and female actors, sometimes newcomers (European teenagers, for instance). During the crucial years of 2013–2017, when IS was born, established, thrived, and then declined, most of these actors identified with the new State that epitomized in their minds the rebirth of the caliphate and the dawn of a new world. The main link between them was the aspiration to a future other than the one they had come to expect in their society as well as a sense of a meaningful and sacred mission, which consisted in fulfilling the utopia of a universal Islamic State. An unbridled imagination, often with contempt for reality, but in search of a new world, inspired them. Chapter 3 describes the wide variety of jihadi actors, the main group being disaffected youth, but also a minority of middle-class youth, young women who represent a specific group (the majority being jihadi brides rather than jihadi agents), converts, and recruiters and preachers.
The Jihadogenic Urban Structure
Authors: Khosrokhavar Farhad
Published: June 2021

A jihadogenic urban structure is an urban setting that has been the stage for the departure of high numbers of jihadi agents to Syria in comparison with other districts. The dominant structure is a deprived poor district and in a minority of cases a specific poor or middle-class neighborhood. Chapter 6 explores the locations from which large numbers of jihadists have made the trip to Syria and the conditions that characterize these areas. In Europe, the geographic location of jihadism has been overwhelmingly urban, with two major exceptions. The first is the Islamist community of Artigat in France. The second is the Balkans and rural Bosnia. Regarding those urban dwellings where jihadism prospered, we can study local history, youth networks, and charismatic leaders who played a key role in the radicalization of the settlers. The intrinsic peculiarity of the urban setting seems not to exist in middle-class districts, in contrast to the poor ethnic districts where structural factors led to the radicalization of disaffected youth.
Identifying Martyrdom
Authors: Lundberg Matthew D.
Published: June 2021

This chapter explains the origins of the language and theology of Christian martyrdom. The chapter explores the relationship between martyrdom as a passive suffering of violence for Christian identity and the possibility of martyrdom resulting from active Christian advocacy. That raises the question of whether active service of God and neighbor can ever rightly involve violence. If so, can those who die in the course of such activity ever rightly be considered martyrs? Answering such questions requires clarity on what markers identify the Christian martyr. The chapter thus concludes with a preliminary list of “criteria” of Christian martyrdom.
Nonviolence as Criterion of Martyrdom?
Authors: Lundberg Matthew D.
Published: June 2021

In view of the possibility of violence en route to Christian martyrdom, this chapter explores the pacifist tradition of Christian ethics and its claim that true martyrdom demands nonviolence, as that is the intended shape of the Christian life. After presenting the biblical case for nonviolence and charting the historical development of Christian pacifism, the chapter focuses on historic Anabaptism’s link between martyrdom and nonviolent defenselessness as the distinctive texture of discipleship, especially as reflected in the martyrologies in Thieleman van Braght’s Martyrs’ Mirror (1660). The chapter concludes with an analysis of the role of the imitatio Christi ethic in the peace church traditions and the insights that this tradition offers to the question of the criteria or markers of true Christian martyrdom.
Soldiers and Saints, Magistrates and Martyrs
Authors: Lundberg Matthew D.
Published: June 2021

This chapter shows that the martyr “instincts” of the longer Christian tradition are quite varied on the question of violence, sainthood, and martyrdom. Historically Christianity has been willing to laud figures involved in violence as martyrs and saints, usually in connection to the “sword” of the state. Largely composed of case studies as varied as the soldier martyrs of the patristic church, supposed martyrs in the medieval Crusades, civil magistrates acclaimed as martyrs in the Reformation, and missionary martyrs during the era of colonialism, this chapter probes the complexities involved when “sword-bearers” are named as saints or martyrs. After examining the language of martyrdom that some Protestant thinkers applied to soldiers for the true faith during the European “wars of religion,” the chapter ends by analyzing the important but tenuous emerging distinction between “holy war” and “just war” as articulated by Martin Luther.
Dying
Authors: Wright Samuel
Published: June 2021

Chapter 4 studies the connection between the emotion of dying and the cognitive positionality of Sanskrit logicians when they think philosophically about how the city of Banaras confers spiritual liberation upon death. It discusses the specific causal processes, according to Sanskrit logicians, through which spiritual liberation is conferred by dying in the city and the role of true knowledge (tattva-jñāna) in this process. After exploring how dying is defined by Sanskrit logicians, it concludes with larger reflections on how Banaras is produced as a place by nyāya philosophical writing.
Running the South African Gauntlet
Authors: van Onselen Charles
Published: June 2021

Unlike the ‘up’ train, the ‘down’ train to the Sul do Save carried African migrant workers with cash in the form of savings, wages or compensation for injuries sustained in the mines. The mood of many on the train going home was significantly more buoyant than that on the ‘up’ train, even though the returning migrants were often short of sufficient food and drink for the long journey. Passengers with cash savings were subjected to theft at stations or on the train itself. Returning miners also suffered other forms of institutionalised harassment by black and white South Africans preying on ‘foreign’ migrants when the train made enforced and unnecessarily prolonged stops at stations on the way home in order to sell workers refreshments.