bluuebunny/crossref_metadata_2025 huggingface dataset:
Methods and Measures in Testing a General Theory of Crime
Authors: Gottfredson Michael , Hirschi Travis
Published: October 2019

Self control is a consistent, robust, and substantial cause of crime, and the foundational facts and other dimensions of the self-control theory of crime have found remarkable support in behavioral science. However, not all scholars view the evidence in the same way, and there have been several challenges to the expectations of the theory that merit consideration. Some of these challenges are important for what they say about the limits and contours of the theory; others are important for what they say about the process of theory testing in modern criminology. This chapter discusses methodological issues in testing general theories in criminology. This is followed by a discussion on how to conceptualize control variables and antecedent causes for research. Next, the scope and domain of a theory as relevant to its validity are discussed. In addition, the importance of the definitions of self control and crime is presented. The roles of prior record and of versatility in theory testing are then examined. Finally, a discussion of the tautology issue in self-control theory is presented.
Policing and Situational Crime Prevention
Authors: & Gottfredson
Published: October 2019

Control theory doubts a significant effect for criminal sanctions, including policing and imprisonment, on the crime rate. Contemporary research supports that view, especially with respect to variation in severity of sanctions. This chapter reviews historical and recent claims about effects for policing, especially highly selective policing of high-crime-rate areas (hot spot and focused deterrence policing). Saturation policing is not inconsistent with the expectations of control theory, although the evidence of effectiveness is modest, and the research on collateral consequences is not encouraging for highly selective policing. It is noted that selective policing is a variant of situational crime prevention, which does have a considerable body of research support. Control theory predicts the lack of effects for general policing and the collateral negative consequences for selective policing, along with generally positive effects for situational crime prevention and a focus on early childhood undertaken by non-state entities, thus supporting alternative methods to prevent crime.
"Taken by the Devil"
Authors: Notley Margaret
Published: October 2019

The book takes censorship as an entry point into Berg’s Lulu. Beginning in 1894 with the suppression of the Ur-Lulu, Wedekind’s original play, responses to acts of censorship played a role in ultimately determining the opera’s shape and tone. When Wedekind rewrote material from the Ur-Lulu as two supposedly self-sufficient plays, Erdgeist and Die Büchse der Pandora, he responded in different ways to the threat of further censorship. The resulting discrepancies between the later plays, second order consequences of censorship, created obstacles to the joining of them that Berg and other dramaturges, beginning with Wedekind himself, would undertake. Berg worked to overcome the second order consequences by composing intricate leitmotivic connections between the opera’s halves, each based on one of the plays. Recognizing fundamental differences between the plays, this book seeks to recover some of the nuances in the plays and Berg’s treatment of them that have been obscured by assumptions of their unity. It also considers the contradiction between dramatic material that many spectators find sordid and the beauty of much of the music, in particular three musical passages that make a Liebestod effect, and traces this to differences between Wedekind and Berg. The artistic stance known as fin-de-siècle decadence was responsible for deliberately offensive features of the Ur-Lulu. Berg associated the Lulu character with the beauty of major-minor tonality, a musical system over-ripe and in that sense decadent at the turn of the century, in that way enabling a problematic symbolic reading of the also problematic misogynistic material.
Censorship, Berg’s Lulu, and the Opera’s Temporal Setting
Authors: Notley Margaret
Published: October 2019

The chapter introduces this book as inspired by continuing work in recent censorship studies, including books by Annabel Patterson (1984) and William Olmsted (2016). Olmsted’s work on Flaubert and Baudelaire is especially relevant here because Wedekind’s responses to censorship resemble those of both authors and because of Berg’s affinity for Baudelaire. It discusses the changed understanding of censorship in the 1990s, observes the centrality of indirectness as a feature of artists’ negotiations with censors and censorship, and defines the concepts of preemptive censorship and second order consequences of censorship. In addition, the chapter introduces the metaphor of a palimpsest that several writers have found appropriate in reference to the perceptible layers in censored works. The chapter argues that Berg retained Wedekind’s turn-of-the-century setting, even though productions in the 1920s were updating Wedekind’s plays, and it undertakes an initial explanation of the complex genesis of the Lulu plays.
“Burlesque Tragedy” and “tristan Rapture”
Authors: Notley Margaret
Published: October 2019

This chapter addresses connections between the Lulu works of Wedekind and Berg and several understandings of “fin-de-siècle decadence.” The title quotes reviews of two works that owe their existence to censorship, Erdgeist and Symphonic Pieces from “Lulu,” both of which are arguably more perfect than the uncensored original works, Wedekind’s Ur-Lulu, suppressed in 1894, and Berg’s opera, rejected by authorities in 1934. After tracing the censorship of Wedekind’s Lulu plays, the chapter focuses on his transformation of Act 3 of the Ur-Lulu, manifestly a product of turn-of-the-century decadence in its ironic, over-the-top depiction of drug use and risqué sexual relationships, into passages in acts of the two later plays. It begins a discussion of Berg’s responses to those passages in the scenes of his opera’s Act 2, each of which recalls Tristan und Isolde in a different way, and touches on the broader significance of “fin-de-siècle decadence” in Berg’s time.
Berg’s Literal-Mindedness and Second Order Consequences of Censoring Wedekind
Authors: Notley Margaret
Published: October 2019

This chapter introduces Berg’s approach to handling discrepancies created by Wedekind’s responses to the threat of further censorship in the plays he derived from the Ur-Lulu: “second order consequences of censorship.” One strategy was to inflect the material differently by turning the two plays’ acts into scenes and distributing them into three acts. Another was to require the actors who perform Lulu’s husbands to return as her customers when she is a prostitute at the end and underscore the doublings through leitmotifs. A third solution was to conceive Lulu’s relationships with other characters within a framework of instrumental forms that span scenes in each act. The chapter offers a typology of leitmotifs in Berg’s operas, introduces his “literal-mindedness,” which emerges in his approach to leitmotifs and his over-coordination of musical and physical gestures, and demonstrates his application of this trait to a project of making Lulu a more sympathetic figure.
Act 2
Authors: Notley Margaret
Published: October 2019

The chapter focuses on Berg’s Act 2. Because this is the act that joins Wedekind’s plays in the opera, the second order consequences of censoring Act 3 of the Ur-Lulu could have created an acute problem. Censorship of that act had inspired Wedekind’s pronounced use of innuendo in Act 4 of Erdgeist, an example of the indirect treatment of taboo subject matter associated with censored works, but also his quarantining of offensive lines in Act 1 of Die Büchse der Pandora, an indirect consequence of censorship. Wedekind’s responses can be said ultimately to have defined the tone and shape of Berg’s Act 2, in which musical autonomy becomes an especially pronounced possibility: the “censorship effect” that William Olmsted discusses with regard to Flaubert and Baudelaire, the chapter suggests, manifests itself in Berg’s opera as an impulse toward absoluteness in his music.
Humane Neoclassicism
Authors: Lappi-Seppälä Tapio
Published: October 2019

The principle of proportionality has its roots in the rule of law, legal safeguards, and guarantees to citizens against abuse, arbitrariness, and excessive use of force. It is more important to prevent overly harsh penalties than to prevent overly lenient ones. The main function of the proportionality principle is, thus, to impose the upper limit that the punishment may never exceed. In this framework, limiting discretion through proportionality is, above all, limiting excess. The normative framework of Scandinavian criminal justice policy—“humane neoclassicism”—stresses both legal safeguards against coercive care and a preference for less repressive measures in general. The key function of criminal law is to produce compliance through norm declaration and reinforcement. People refrain from illegal behavior not because it may be punished but because it is morally blameworthy (or because of force of habit). Criminal law’s goals are best served by a system of sanctions that maintains a moral character and demonstrates the relative blameworthiness of wrongful acts, is perceived to be fair and just, and respects the rights and intrinsic moral value of all parties involved.
The Law of Personal Status: Wives, Paupers, and Slaves
Authors: Friedman Lawrence M.
Published: October 2019

This chapter discusses the law on marriage and divorce, family property, adoption, poor laws and social welfare, and slavery and African Americans in the United States. In the colonial period, the United States had no courts to handle matters of marriage and divorce. Marriage was a contract—an agreement between a man and a woman. Under the rules of the common law, the country belonged to the whites; and more specifically, it belonged to white men. Women had civil rights but no political rights. There were no formal provisions for adoption. A Massachusetts law, passed in 1851, was one of the earliest, and most significant, general adoption law. The so-called poor laws were the basic welfare laws.
Regulation, Welfare, and the Rise of Environmental Law
Authors: Friedman Lawrence M.
Published: October 2019

This chapter discusses changes in American law in the twentieth century covering land use, environmental law, intellectual property, regulation of business, and business law. The twentieth century was a century of land-use controls. An important legal invention was zoning. The central idea of zoning is to divide a town or city into zones or segments and to regulate what kinds of land use are allowed in each of these segments. Some zones will be limited to one-family houses, others will be open to apartment buildings, stores and offices, and even to factories. New York City was a pioneer in the zoning movement. After the state passed an enabling act, New York City adopted the first comprehensive zoning ordinance (1916). Zoning soon spread to city after city. By 1930, it was pretty much the rule in both large and small cities and in the suburbs as well.
The Anti-orthodoxy Principle
Authors: Zick Timothy
Published: October 2019

This chapter examines the “anti-orthodoxy principle,” which holds that governments and majorities cannot compel or prescribe what thoughts or gestures are acceptable in the realms of politics, culture, or faith. President Trump’s public dispute with NFL players and owners over pregame protests, petty insistence on certain holiday greetings, proposal to criminalize flag-burning and denaturalize flag burners, and insistence on “loyalty” all implicate the anti-orthodoxy principle. The Supreme Court has frequently and ardently rejected governmental efforts to compel convention or punish dissent from majority opinion. This position is rooted in principles of speaker autonomy and freedom to dissent. The president’s statements and actions have challenged Americans to once again tolerate peaceful forms of dissent and differing views regarding matters such as patriotism, religion, social justice, and race.
Blockchain and Identity Persistence
Authors: Marthews Alex , Tucker Catherine
Published: October 2019

Blockchain technologies are being touted as a way to protect individual privacy. Blockchain app developers and theorists, often out of a genuine desire to protect people and their privacy, have devoted considerable efforts to devising ways that the blockchain can be used to verify aspects of a static digital identity. However, these notions of a static, single, and accurate digital identity ignore the reality of how people's identities work, and especially the plural, time-varying, and fictionalizing elements of personal identity. This chapter charts out ways that people’s multiple identities may be affected and undermined by the development of public and unmodifiable ledgers of transactions and contractual undertakings. Following on from this discussion, the chapter applies a clearer model of identity to the blockchain use-cases of marriage, money laundering, and criminal justice records, and draws conclusions for regulators, blockchain applications developers, and the general public.
Online Child Abuse and Neglect
Authors: Tufford Lea
Published: October 2019

The past two decades have seen the development, diversification, and intensification of information and communication technologies. The result is that society now has unlimited opportunity for communication and access to information. Despite the multitude of benefits, the Internet has propagated new ways to both sexually victimize and exploit children and youth in an online environment and through multiple formats including sexting, child luring and sexual solicitation, and child sexual abuse images online. This chapter explores each of these forms of child exploitation and concludes by outlining the signs and impact of online abuse.
Following the Report
Authors: Tufford Lea
Published: October 2019

This chapter discusses what happens after a report to Child Protection Services (CPS), including foundations of CPS authority, contact with the reporting source, interviews with children, parental consent, physical examinations, interviewer skills, service to Indigenous children, and practice models. This content is embedded in a demonstration of the child protection services path. By clarifying the processes and potential outcomes of a child protection investigation, this chapter aims to increase mandatory reporters’ comfort level and knowledge base when contacting CPS. The information provided herein about child protection investigations aims to increase reporters’ sense of confidence and credibility when reporting, which may subsequently enhance their feeling of efficacy when advocating for the family.
Recorded Legacy
Authors: Crist Stephen A.
Published: October 2019

Once the seven cuts of Time Out had been committed to vinyl, there began a long period in which the Quartet revisited and reinterpreted this repertoire. The “classic” Quartet and its successors recorded many new versions of most of the tunes on Time Out. This chapter first examines a few of Brubeck’s most significant recordings of “Blue Rondo à la Turk,” “Strange Meadow Lark,” “Take Five,” “Three to Get Ready,” and “Kathy’s Waltz” in the thirty-five years after they originally appeared. The latter part of the chapter considers several cover versions of these tunes, which entail radical transformation of Brubeck’s original ideas. These include Anthony Braxton’s rendition of “Three to Get Ready” and Emerson, Lake & Palmer’s “Rondo.”
An Agnostic Moralist
Authors: Sidgwick Henry
Published: October 2019

Henry Sidgwick’s dualism of practical reason is a problem confronting the ethical enterprise. It’s the tension between one’s own happiness and the happiness of others; or between rational self-love and rational benevolence. Sidgwick thought each impulse was equally legitimate, yet on occasion they encounter an intractable tension. The full rationality of morality requires the resolution of this dualism, but Sidgwick didn’t see such a rapprochement as forthcoming. The only potential solution he could see is a theistic one, according to which a providential God ensures their harmony, but Sidgwick himself refused to follow this path. Nevertheless, his writings include the seeds for such a moral argument, predicated on the full rationality of morality.
An Eminent and Erudite Platonist
Authors: Taylor A. E.
Published: October 2019

A. E. Taylor argued at length against an artificial dichotomy between fact and value, in an effort to carve out evidential space for morality. Divorcing facts and values is like trying to separate the sounds of a great symphony from its musical quality. More important than what we do is who we are, and what’s needed is an adequate account for the sort of external assistance we desperately require to be radically transformed (even transfigured)—after all, Taylor said, we can’t pull ourselves up by our own hair—so we can enjoy a good never left behind and never superseded. The inherent features of moral guilt point in the direction of a personal and perfectly loving God as our first and final cause. Taylor counseled close and sustained attentiveness to the moral evidence and (as we’ve seen in others) modeled a laudably expansive epistemology.
A Dinosaur
Authors: Lewis C. S.
Published: October 2019

Probably the most famous moral argument in Western philosophy is the popular version C. S. Lewis developed in Mere Christianity. Lewis starts with the common-sense observation that we make moral judgments about right and wrong that we take to be objectively true. This suggests a reality beyond and behind the moral law that Lewis goes on to argue is like a mind, which points ultimately to a theistic explanation. Around the same time Lewis articulated this argument, he spelled out another version for a more academic audience based on the claim that if we are to have morality at all, we must take our basic moral judgments as self-evidently true. Lewis also developed other variations of the moral argument in his essays “The Poison of Subjectivism” and “De Futilitate,” the latter of which argues that our condemnation of cruelty and indifference gives us the substance for a moral argument.
Contemporary Moral Apologists
Authors: Baggett David , Walls Jerry L.
Published: October 2019

A. C. Ewing worked on moral goodness; Austin Farrer focused on the value and dignity of persons; George Mavrodes underscored the odd nature of binding moral duties in a naturalistic world. Robert Adams did work in theistic ethics that produced innovative variants of the moral argument; his wife, Marilyn Adams, demonstrated how God’s incommensurable goodness can address versions of the problem of evil. Linda Zagzebski identified three ways we need moral confidence. C. Stephen Evans defended divine command theory and a natural signs approach to apologetics. John Hare did landmark work on moral arguments. William Lane Craig used the moral argument to powerful effect in books and debates. C. Stephen Layman used the overriding reason thesis and conditional thesis in his variant of the argument. Scott Smith, Mark Linville, Angus Menuge, and Angus Ritchie have offered brilliant epistemic moral arguments. Paul Copan has used history to augment the moral argument.
Introduction
Authors: Jorgensen John
Published: October 2019

The introduction is designed to orient the reader with the main topics taken up in the Treatise and also to provide a scholarly resource for students, teachers, and researchers. The introduction first provides an explanation of the title of the Treatise and then turns to the question of the provenance of the text, its likely author, and its likely date of composition. This is followed by a detailed account of the historical and intellectual contexts of the Treatise’s composition. The centrality of the concept of ignorance, the role of practice, and key models used in the Treatise are introduced and clearly explained. Particular attention is also paid to introducing and comparing key sixth- and seventh-century commentaries. This comparison is further developed through a case study of commentarial differences over a key doctrinal issue: whether the unconditioned can be conditioned.
The Missionary Solution
Authors: Laderman Charlie
Published: October 2019

This chapter examines the attempt by American missionaries to help remold the Ottoman state into a constitutional political system in the aftermath of the 1909 Young Turk Revolution. It explains why Americans, who had long regarded their missionaries as humanitarian aid agents helping to support and uplift the Armenians through their mission stations, now looked to them to extend their “civilizing mission” across the Empire. It explores the growth of the Protestant missionary lobby in the United States and the ways in which it developed support for an attempt to build a civil society in the Ottoman Empire that would ensure security for the Armenians within a reformed Ottoman polity. It explains why missionaries and their supporters viewed this as part of a larger mission to spread Christian ideals and representative government around the world alongside British evangelists. Missionary dreams of a new Ottoman nation collapsed when, amidst World War One, the Ottoman Armenians faced wholesale destruction. This chapter concludes by exploring how Woodrow Wilson’s administration and the missionaries responded to this “Crime Against Humanity,” and why their determination to maintain American neutrality so infuriated Theodore Roosevelt. It examines how the missionary lobby pioneered an unprecedented relief operation, and worked in partnership with the leading British champion of the Armenians, James Bryce, to publicize the atrocities and plan for Armenia’s ultimate liberation from Ottoman rule.
Misjudgments of Humanity
Authors: Cheng William
Published: October 2019

Chapter 1 asks how people’s love of music can enable myths of music as an instrument of humanization and civilization. Although it sounds obvious that loving masterpieces doesn’t make someone a good person (think of the Beethoven-loving Nazis), the chapter emphasizes that this presumption of obviousness can itself pose problems. How immune are we really to the seductive myths of music-as-morality? Even if we claim immunity out loud, how might our verbal quandaries and silences about music loving nevertheless speak to our deep-seated vulnerabilities?
Moral Masquerades
Authors: Cheng William
Published: October 2019

Chapter 3 drops in on a variety of “blind” auditions, commonly upheld as a gold standard in appraisals of musical excellence. Using screens and anonymizing apparatus, judges evaluate auditionees on sound alone, thereby doing right by the music they love. But a hidden cost of such auditions, whether for the Boston Symphony Orchestra or the reality show The Voice, is the wholesale severing of musicianship from human identity at large. With auditionees out of sight, the conceits of impartiality and meritocracy enable all parties to avoid talking about issues of discrimination altogether—that is, why anonymity is desirable or necessary to begin with. A short case study ventures outside the United States to consider the illustrious, nearly all-white and all-male Vienna Philharmonic Orchestra. Tellingly, however, criticisms of this orchestra have come overwhelmingly from the United States, with music lovers exporting American brands of feminism and social justice to protest the ensemble’s discriminatory hiring practices.
Interlude
Authors: Cheng William
Published: October 2019

The Interlude observes how various marginalized members (disabled people, queer people, people of color) of the American Musicological Society (AMS) entered the musicological field out of love for its scholarly and collegial possibilities, but how this love has not always been repaid—at times leading to the (usually quiet) departure of these members.
The Worst You’ve Ever Sounded
Authors: Cheng William
Published: October 2019

Chapter 5 focuses on the modern epidemic of public shaming. In 2014, someone leaked the raw, out-of-tune vocals of pop star Britney Spears attempting a studio take of her song “Alien.” Shame storms promptly followed. By connecting voice shaming to concomitant practices of sex shaming and slut shaming, the chapter asks what we think we gain when we judge, police, and dehumanize musicians at their worst moments. Do people shame musicians out of a putative love for music? Or is music simply an excuse, or an accomplice? Given the deluge of leakable data today—think of Ashley Madison, Panama Papers, congressional dossiers, revenge porn—provocative analogies materialize between our myths of secure networks (a technical impossibility) and our idealizations of pitch-perfect (infallible, unassailable) lyric voices. The chapter asks whether Spears’s naked voice can be heard not as shameworthy detritus best left on the cutting room floor, but rather as an object of clickbait that always already implicates our own aural vulnerability and consumer complicity.
Canada
Authors: Fairbrother Malcolm
Published: October 2019

This chapter is the first of three that show how each country of North America embraced continental free trade. All three chapters describe key decisions and investigate whether there is evidence consistent with the liberal literature’s expectation that those decisions were strongly influenced by public preferences for free trade, as opposed to the agendas of economic elites. These three chapters also describe the motives, thinking, and actions of the people who made globalization happen in each country. This chapter begins with Canada and shows that while prominent economists and some public officials long favored free trade with the United States, key business groups—particularly manufacturers—were hostile. The views of Canadian business rapidly reversed themselves in the early 1980s, however, and after that the state’s position soon changed too. Business subsequently promoted free trade and ensured its political feasibility in a contentious national election in 1988.
Conclusions
Authors: Fairbrother Malcolm
Published: October 2019

Globalization’s origins are not just a historical concern. Democracy and expertise confer legitimacy. Insofar as the foundations of today’s global economy were neither very democratic nor based on serious expertise, it is unsurprising that globalization remains contentious. In this light, Chapter 8 considers the implications of the book’s analysis for the future of globalization. It also compares the case of North America to cases elsewhere, and reflects on the implications for the social science literatures on international political economy and ideas in politics. This chapter closes with a discussion of the costs of thinking about trade in the informal, anti-expert way of the businesspeople and politicians who defended CUFTA and NAFTA back in the 1980s and 1990s. Such thinking biases domestic decision-making against the interests of workers and the environment.
Measuring Amendment Difficulty
Authors: Albert Richard
Published: October 2019

Which constitution is the world’s most difficult to amend? Scholars of comparative constitutional law almost uniformly have the same answer: the U.S. Constitution. It has been amended relatively few times since its creation in 1787, thousands of amendment proposals have failed, and today it seems virtually impossible to amend. Is this enough to prove that the U.S. Constitution is the hardest to amend? This chapter examines rankings of amendment difficulty that focus on the codified rules of amendment, and concludes that none of them is a reliable ordering of relative rigidity and moreover that all of them have a fatal flaw: they fail to account for nontextual sources of amendment ease or difficulty. These nontextual sources include uncodified changes to formal amendment rules, popular veneration for the constitution, temporal variability in amendment difficulty, and prevailing cultures of amendment. The chapter shows that three different cultures of amendment can either exacerbate or assuage amendment difficulty: amendment culture as an accelerator of change, as a redirector of change, and as an incapacitator of change. This chapter also illustrates how and theorizes why formal amendment rules are sometimes modified in ways that ultimately remain invisible to scholars who take a narrow text-based approach to measure amendment difficulty. The chapter concludes both that rankings of amendment difficulty are doomed to failure and that they may not be worth the effort. This chapter considers constitutions from around the globe.
Finding Constitutional Amendments
Authors: Albert Richard
Published: October 2019

Constitutional designers rarely ask many questions they should. How and where will the constitution indicate that it has been amended? Will it record the change at the end of the original constitution, or will the change be inserted directly into the founding text? And what about an uncodified constitution: How will it identify constitution-level changes? This chapter offers the first analysis into the options available to constitutional designers for codifying constitutional amendments. This chapter identifies and illustrates the four major models of amendment codification in the world: the appendative model in the United States, the integrative model in India, the invisible model in Ireland, and the disaggregative model in Great Britain. How and where to memorialize changes to the constitution entails implications for how interpreters of constitutional meaning will read the constitution in the course of adjudication, whether the constitution will become a focal point of reference in constitutional politics, and how intensely citizens will venerate their constitution. The way amendments are recorded is ultimately a choice about how and indeed whether a people chooses to remember its past. Today constitutional designers do not consider the consequences of amendment codification, but they should. This chapter explains why the choices involved in amendment codification concern more than mere aesthetics. This chapter considers constitutions from Canada, Great Britain, India, Ireland, Israel, Mexico, New Zealand, Norway, Saint Lucia, Spain, and the United States.
Big Chills
Authors: Verchick Robert R. M. , Sokol Karen C.
Published: October 2019

As Cuba’s economic model evolves and market mechanisms take root, concerns over environmental degradation increase. These issues are relevant to Cuba’s long term development as well as its place in a broader international effort to implement rules and norms to improve environmental protections. This chapter explores the myriad contributions of Cuban and multinational legal structures to address these concerns. The chapter explores the current state of Cuban legislation and legal practices to address environmental protection. Through an assessment of the current legal structure and proposed reforms, the analysis addresses the potential for economic growth and environmental protection in the near future.
Transboundary Natures
Authors: Eckert Astrid M.
Published: October 2019

This chapter investigates the consequences of the border regime for landscape and wildlife. The ecological impact of the inter-German border has become widely known through the work of a postunification conservation project, the Green Belt. The chapter not only looks at the final ecological footprint of the Iron Curtain as evident in 1989–1990 but considers the effects of the East German border regime on landscape over time. It argues that these effects were neither purely detrimental to nor exclusively beneficial for nature and wildlife; hence neither a narrative of declension nor a narrative of creation adequately captures the dynamic influence of the border regime. This chapter introduces the term “transboundary natures” to refer to the landscapes shaped by the border, a concept that highlights the role of the border in landscape change, regardless of whether such change was embraced by contemporaries as advantageous for or rejected as deleterious to nature.
Overview
Authors: Bornstein Brian H. , Neuschatz Jeffrey S.
Published: October 2019

Psychology was a relatively young science when Münsterberg published On the Witness Stand, and efforts to apply psychological principles to legal issues were not much older. Law and psychology take very different epistemological approaches, and the threads of the two disciplines have come together and diverged over the years. This chapter includes a brief biography of Münsterberg and a summary of other contemporary work that addressed legal issues. The chapter also introduces important contrasts that have been central to the field since Münsterberg’s day. Of particular note, Münsterberg conducted basic psychological research but is also considered a pioneer in the field of applied psychology, albeit at times an ambivalent one; and current tensions between clinical and experimental psychology date back to his day and the early years of the American Psychological Association.
The Memory of the Witness
Authors: Bornstein Brian H. , Neuschatz Jeffrey S.
Published: October 2019

Here, Münsterberg emphasizes the importance of doing field studies as opposed to laboratory experiments. Contemporary eyewitness researchers have, until recently, largely ignored Münsterberg’s advice to study naïve witnesses. Rather, they have tended to favor well-controlled laboratory studies. This approach has yielded a wealth of useful data, but it has also been criticized as lacking relevance to real-world phenomena. The apparent “generalizability gap” has also been used by courts to dismiss experimental psychological research, despite little evidence showing that methodological variables alter empirical conclusions. This chapter compares the conclusions from the field studies with the laboratory findings to explore whether verisimilitude is a possible moderator. In addition, Münsterberg’s discussion of different sensory modalities raises the question of “earwitness” versus “eyewitness” memory. This chapter reviews research on earwitness versus eyewitness memory.
Suggestions in Court
Authors: Bornstein Brian H. , Neuschatz Jeffrey S.
Published: October 2019

Although Münsterberg introduces this chapter with a clinical case study involving posthypnotic suggestion, the focus is on suggestibility and reconstructive memory processes broadly, including the role of individual differences (e.g., age, gender) and alcohol intoxication, which he supports with both experimental evidence and anecdotal observation. The documentation of suggestibility effects is one of the most significant contributions of modern research on eyewitness memory and has yielded important, now widely used, experimental approaches. False memories, in today’s parlance, are essentially the same as what Münsterberg calls pseudo-memories, and they have been demonstrated in a variety of situations and shown to have behavioral consequences. Consistent with Münsterberg’s impression, individual differences in suggestibility are key, especially age differences, with children and elderly adults both being more suggestible than young adults. The present chapter reviews experimental research on suggestibility, with the exception of hypnosis, to be treated in the next chapter.
The Holy One of Israel
Authors: Goodman Lenn E.
Published: October 2019

Holy, holy, holy! The Lord of hosts! The fill of all the earth is His glory. In these few ecstatic words the prophet Isaiah captured the core of Jewish thinking about God, humanity and nature. If the idea of holiness points toward God’s transcendence, Isaiah’s balancing half-line comes down to earth, recognizing God’s presence throughout the world. This book is a philosophical exploration of that remarkable and distinctively Jewish idea—that God is everywhere, yet not in space. Here the author, long recognized as one of Judaism’s foremost living philosophers, explores what can be meant by God’s uniqueness, presence and perfection. In a text richly resonant with the classic Jewish sources and in dialogue with the great philosophers, Goodman probes the ideas of revelation, natural law, the problem of evil, the challenges and limits of the idea of God’s transcendence and God’s actions in and through nature, including human nature. The Holy One of Israel is must reading for anyone seriously interested in how our ideas about God can inform our lives and our thinking about individual and social responsibility and intellectual and artistic creativity and spiritual growth.
The Presence of the Holy
Authors: Goodman Lenn E.
Published: October 2019

Chapter 2 speaks of how the idea of God works like a value concept, purging notions of worth that fail to cohere. Love, truth, and beauty fuse in the idea of God. Violence, cruelty, and deceit are purged. Pursuing the logic of perfection, we look to the idea of a perfect being, argued as a matter of theory by Plato. The Torah goes a step further, suppressing the myths of fractious and priapic gods. Justice is indissoluble from God’s identity. Grace and love become guides for our moral aspirations. Pursuing the idea of God’s goodness, we consider the binding of Isaac. Where sacrifice might have seemed the paradigm of piety, or arbitrary commands might seek to set God beyond mere goodness, I see a turning point: Abraham must choose between presuming that the highest devotion demands sacrifice of any lesser love, and the recognition that God’s absoluteness rests in goodness.
Natural Law
Authors: Goodman Lenn E.
Published: October 2019

Natural law links moral and legal theory with natural theology and science. It is critical to thinking about God’s sovereignty and human freedom. Tracing the roots of the natural law idea, I defend the approach against conventionalism and legal positivism. For they leave human norms ungrounded. Chapter 7 opens by disarming Hume’s elenchus about ‘is’ and ‘ought’. I do not deny the reality of a naturalistic fallacy, but I do argue that facts make rightful claims on us and that the unity of reality and value central to Jewish thinking and to the philosophical great tradition does not confuse facts with values but does appreciate the preciousness of being—of life and personhood most pointedly. Once again here transcendence consorts with immanence. For we find God’s law writ subtly in nature, not least when we discover what it means to perfect ourselves as loving and creative human beings.
“Has Congress Power to Incorporate a Bank?”
Authors: Schwartz David S.
Published: October 2019

Chief Justice Marshall’s ambiguous opinion in McCulloch v. Maryland rejected the hard-line Jeffersonian argument that implied powers were only those strictly necessary to implementing the enumerated powers. But while McCulloch’s logic of implied powers held hugely expansive potential for national legislative authority, Marshall did not follow that logic to its conclusion and stopped short of aggressively nationalistic grounds for upholding the Second Bank of the United States. The Bank’s lawyers argued for placing the constitutionality of the Bank on broad terms that would endorse a theory of implied powers untethered to the enumerated powers. They also offered a less aggressive but still highly nationalistic theory of implied commerce powers that would support internal improvements. Marshall’s studied avoidance of the Commerce Clause was almost certainly intended to avoid committing the Court to a concept of implied commerce powers, which might have entailed federal powers over internal improvements and slavery.
“The Various Crises of Human Affairs”
Authors: Schwartz David S.
Published: October 2019

The Civil War confronted the United States with its greatest constitutional crisis, raising three issues for which McCulloch v. Maryland has been most celebrated: the nationalist Constitution, implied powers, and the capable Constitution. With McCulloch offering potential legal support for the Union cause, and the Taney Court’s states’-rights jurisprudence in disrepute, circumstances seemed prime for McCulloch to re-emerge from its forty years of neglect. Despite its potential relevance, McCulloch’s influence on constitutional argument during the Civil War was limited. Arguments against secession were developed without noticeable reliance on McCulloch, despite later claims at the end of the century that John Marshall’s ideas influenced Lincoln and the Union cause. In issuing the Emancipation Proclamation, Lincoln eschewed congressional powers and with them McCulloch. Still, the few McCulloch references by leading congressmen on key implied powers issues, if not a full-scale McCulloch revival in itself, prefigured McCulloch’s re-emergence.
“The Painful Duty of This Tribunal”
Authors: Schwartz David S.
Published: October 2019

The emergence of McCulloch v. Maryland as a foundational case of constitutional law stemmed from several factors, each coming together on its own separate timeline, converging on the years 1895 to 1901. These factors included the personal interest in John Marshall’s jurisprudence held by Supreme Court justices John Marshall Harlan and Horace Gray; the emergence of an autonomous legal profession; the related transition from the Grand Style to a common-law style in constitutional opinion writing; the publication of Harvard Professor James Bradley Thayer’s first-ever constitutional law casebook; and the conservative judicial reaction against the Populist movement. Marshall was canonized in a 1901 “John Marshall Day” centennial celebration consisting of conservative and backward-looking speeches that used Marshall as a symbol to validate conservative judicial activism and laissez-faire jurisprudence.
“A Splendid Bauble”
Authors: Schwartz David S.
Published: October 2019

Since 1969, scholars have insisted that McCulloch v. Maryland established the foundations of the modern welfare state, yet during this same period, the Supreme Court has retreated from implied commerce powers and broad Fourteenth and Fifteenth Amendment enforcement powers. In NFIB v. Sebelius (2012), five justices agreed that the implied powers doctrine should not be applied to the Commerce Clause, and in Gonzales v. Raich (2005), eight justices ignored McCulloch, appearing to believe that implied commerce powers were irrelevant to the decision. In Shelby County v. Holder (2015), five justices disregarded McCulloch’s deferential approach to “appropriate legislation” to enforce the Reconstruction Amendments. The treatment of McCulloch as a binding precedent doing doctrinal work in cases of implied commerce powers and implied Reconstruction Amendment enforcement powers was short lived. Liberal scholars seem to want to use McCulloch to exhort the Court to be more permissive toward implied congressional powers.
The Interviews
Authors: Kruglanski Arie W. , Webber David , Koehler Daniel
Published: October 2019

Chapter 5 discusses the research methodology utilized to examine hypotheses about the different phases of the German extremists’ journey, as derived from the theoretical framework described in Chapter 4. Specifically, interviews were conducted with individuals who were formerly members of right-wing extremist organizations, but who have since left these groups behind. The chapter discusses important demographic characteristics of the interviewees, relating these characteristics to what is known about the demographics of right-wing extremists in Germany. Details of the interview process, as well as reasons for interview decisions, are discussed. Finally, the methodology used to content analyze the interviews is described, including details about the coding process and the calculation of interrater agreement.
Civilianizing Industrialization
Authors: Kontorovich Vladimir
Published: October 2019

Forced industrialization, which was launched under the First Five-Year Plan, was a formative event that set the course of the Soviet economy. Stalin and other Soviet rulers have repeatedly stated, with uncharacteristic candor, that the objective of industrialization was the creation of defense capability, as well as building socialism. The main feature of industrialization, primacy of heavy industry, was said to serve the same twin goals. The standard Sovietological account civilianizes industrialization by downgrading or omitting the objectives proclaimed by Stalin, and substituting growth for its own sake as the sole motive. It derives the priority of heavy industry from the writings of Marx and the obscure Soviet economists. This account disregards or glosses over contradictory Soviet sources, violates the basics of the economic approach, and fails to draw connections to similar policies in other countries and periods.
Beating Soviet Swords into Sovietological Ploughshares
Authors: Kontorovich Vladimir
Published: October 2019

This chapter describes the influences that inclined scholars in the field to recast their subject in civilian terms. Sovietologists belonged to a small, low-prestige field of economics. They were hired and promoted by their departmental colleagues working in the other fields of economics, and stood a higher chance of being treated favorably if their research could be seen as dealing with the issues of interest for the larger discipline, such as growth and economic development.
Civilianization Elsewhere
Authors: Kontorovich Vladimir
Published: October 2019

Aversion of the discipline of economics to things military, which Sovietology, its peripheral field, emulated, is shown to be a part of a more general pattern in the social sciences. A survey of articles about the German economy in 1934–1939 finds that the authors largely ignored another great peacetime military buildup of the twentieth century. It was seen as a peculiar and successful variant of employment policy, with potential lessons for other Depression-stricken economies. Archeologists and anthropologists bypassed the evidence of warfare in pre-literate societies, or gave it strained pacific interpretations. Academic historians marginalized their colleagues specializing in military history. Civilianizing tendencies in the study of other countries and in other disciplines support some of my arguments about Sovietology, and at the same time make its case all the more instructive.
The Myth of the Perfect Pregnancy
Authors: Freidenfelds Lara
Published: October 2019

The Myth of the Perfect Pregnancy is a history of why Americans came to have the unrealistic expectation of perfect pregnancies and to mourn even very early miscarriages. The introduction explains that miscarriage is a common phenomenon and a natural part of healthy women’s childbearing: approximately 20 percent of confirmed pregnancies spontaneously miscarry, mostly in the first months of gestation. Eight topical chapters describe childbearing and pregnancy loss in colonial America; the rise of birth control from the late eighteenth century to the present; changes in parenting from the early nineteenth century to the present that increasingly focused attention on the emotional relationship between parent and child; the twentieth-century rise of prenatal care and maternal education about embryonic growth; the twentieth-century blossoming of a consumer culture that marketed baby items to pregnant women; the abortion debates from the mid-twentieth century to the present; the late twentieth-century introduction of obstetric ultrasound and its evolution into a pregnancy ritual of “meeting the baby” as early as eight weeks’ gestation; and the late twentieth-century introduction of home pregnancy testing and the identification of pregnancy as early as several days before a missed period. The conclusion offers suggestions for how women and their families, health-care providers, and the maternity care industry can better handle pregnancy and address miscarriage.