bluuebunny/crossref_metadata_2025 huggingface dataset:
Back To the Back-channel
Authors: Ó Dochartaigh Niall
Published: April 2021

This chapter focuses on the use of the back-channel between the British government and the IRA from 1991 through 1993 and on the distinctive role of secrecy in the development of a sense of common purpose between the parties. It highlights the contribution of key British officials who advocated the reopening of the channel and an inclusive peace settlement. It also examines the importance of back-channel links between the Irish government and the SDLP on one hand, and Sinn Féin on the other, in creating pressure for progress. From 1989 onwards, the British government and the IRA made conciliatory public statements and gestures. Then, in April 1991, the British government reopened the back-channel to the IRA, sending an emissary to ask Brendan Duddy to act once again as intermediary. The particular back-channel involving Duddy established a joint project of secrecy, creating a shared task that built trust and mutual understanding. Close interpersonal relationships, continuity of personnel with previous phases of conflict, and the exclusion of internal opponents contributed to distinctively strong cooperative dynamics that helped to sustain cooperation and generate substantial progress.
Voting as a Subversive Activity
Authors: Crook Malcolm
Published: April 2021

In the second round of the presidential elections of 2017, some four million French citizens went to the polls and spoiled their ballot papers, either by casting a blank vote, or adding comments which incur invalidation. This was an unprecedented example of a largely hidden, but entrenched aspect of voting in France which is now becoming more visible, not only on account of its increasing scale, but also because images of the practice are appearing on social media. It has been referred to as ‘civic abstention’, in so far as the voter visits the polling station, only to record negative verdict, since neither blank nor annotated ballots count towards the result. This behaviour has a long history, which indicates disaffection and represents a form of protest, not simply aimed at specific candidates, or the alternatives on offer in a referendum, but questioning the electoral process itself. The French have learned to subvert as well as support their culture of elections in order to express an opinion, or make an objection, which the system of representative democracy denies them.
Genetic Privacy and Other Interests in Biobanking
Authors: Hallinan Dara
Published: April 2021

This chapter evaluates the concept of genetic privacy and its relationship with biobanking. Genetic privacy is simply a sub-concept of privacy referring to states of separation and exclusivity arising in relation to the processing of genetic data. Genetic privacy rights, then, are simply a subset of privacy rights relating to the processing of genetic data. The chapter then proceeds to map the range of genetic privacy rights engaged by the biobanking process along two axes: the transactional axis—genetic privacy rights held by research subjects; and the relational axis—genetic privacy right held by genetic relatives and genetic groups. Subsequently, it moves to map other types of interests engaged by biobanking, including interests related to the research process and third-party non-research interests in accessing biobank substances. Finally, the chapter offers a rough schematic of the relationships, including conflicts and confluences, between identified rights and interests.
A Critical Analysis of the Efficacy of the GDPR as a Framework for the Protection of Genetic Privacy in Biobanking
Authors: Hallinan Dara
Published: April 2021

This chapter presents a critical analysis of the efficacy of the General Data Protection Regulation (GDPR) as a framework for the protection of genetic privacy in biobanking. In this regard, it outlines twenty-three problems concerning the standard of protection offered by the GDPR, assessing the degree to which each problem casts doubt on the efficacy of the GDPR. The chapter considers whether there are factors evident which are likely to mitigate the severity of the impact of each problem, as well as whether each problem is subject to resolution——either through the GDPR's internal interpretation and adaptation mechanisms or through external legislation operating in tandem with the GDPR. The analysis demonstrates that the great majority of problems are not as severe as they initially seem and, as a result, do not call into question the efficacy of the GDPR as a framework for the protection of genetic privacy in biobanking. It also shows that all problems which either require a solution, or would benefit from a solution, can be resolved via the GDPR's internal mechanisms or via external law operating in parallel with the GDPR, or both.
Quantifying Cyberthreat for Patients, Providers, and Institutions
Authors: Perakslis Eric D. , Stanley Martin
Published: April 2021

Cybercrime has become a ubiquitous part of modern life, almost to the point of becoming background noise. Statistically, almost every American adult has been the victim of cybercrime or is associated with someone who has. Beyond identity theft and the corresponding financial circumstances, we have seen massive cyberattacks target and disable huge portions of health systems. The largest systems have been differentially prepared but many of the small systems have not recovered. In this chapter the prevalence of cybercrime against health care is quantified in hopes that health systems and digital health innovators will understand and address the risks and potential harms that patients face when interacting with them.
Virtual Health Assistants
Authors: Perakslis Eric D. , Stanley Martin
Published: April 2021

There is no doubt that virtual assistants, such as Alexa and Siri, have changed the human-computer interface forever. These capabilities bring convenience, relatability, and, at times, safety to our daily lives. It must also be noted, however, that these “assistants” have surveillance capabilities at their core. The average user really does not know what the devices are recording, transmitting, or measuring. The privacy, cybersecurity, and physical security hazards of these technologies are becoming well known and understood, and the application of these devices to healthcare use cases must be approached with care and skepticism that are at least equal to the optimism with which they are currently being hyped and marketed.
Battleground Europe
Authors: Strasburg James D.
Published: April 2021

This chapter explores the transformation of postwar Europe into a spiritual battleground between ecumenists and evangelicals, Protestants and Catholics, and American democrats and Soviet communists. As the occupation of Germany matured, both ecumenical and evangelical Protestants sought to win over Germany as a new anti-communist partner in the heart of Europe. They likewise sought to establish their competing spiritual orders across the continent through ecumenical tours of reconciliation and evangelical revivals. The postwar activism of American Protestants extended far beyond just seeking to revive Europe’s soul. Both ecumenical and evangelical Protestants mobilized to create a Protestant bulwark against Soviet communism across the continent, as well as to counteract a postwar resurgence of the Vatican and Roman Catholicism. Under their watch, the struggle for the soul of Europe began.
Witnessing
Authors: Wong Deborah
Published: April 2021

From the Michael Brown killing in Ferguson, Missouri, and beyond, spectacular moments of witnessing have dominated the US news since August 2014. Whether focused on the ordinary or the extraordinary, I argue that intentionally deploying the intent to witness is profoundly different from the kind of sustained ethnographic work marking ethnomusicology as a discipline. Yet it also draws on the same skills, from a willingness to attend deeply to the moment, to inviting a shift in subjectivity. This chapter offers a genealogy of witnessing and then focuses on acts of auditory attention that radically disrupt the ethnographic impulse toward collecting, taking, owning, and having, and thus offers a way to decolonize ethnography and ethnomusicology.
Acoustic Mirrors
Authors: Wilk Stephen R.
Published: April 2021

For centuries Great Britain could rely upon its position as an island nation to keep a barrier between them and any invaders from continental Europe. They cultivated a large and powerful navy to maintain control of the waterways, and this and good fortune enabled them to withstand or discourage attacks from Spain, France, and Germany. But with the development of aircraft at the beginning of the 20th century, potential invaders had a way to project force to the islands without having to go by sea, and a method of detecting any such attacks had to be found so that they could be targeted. Before radar had been developed, one method was to use huge hemispherical cavities to concentrate faint noises onto a microphone placed near the focus. Many of these were constructed, carved out of stone, or cast in concrete, and, being large and robust, most of them still exist.
The Great 19th-Century Green Spectacle Craze
Authors: Wilk Stephen R.
Published: April 2021

Long before mirrored sunglasses were adopted as a fashion in the 20th century, spectacles with dark green glass lenses were a popular fad in the 19th. We look at several examples, cited in the writings of famous authors of the period. Dark Green lenses were not only viewed as providing relief for bright light, were held to project a certain sophistication of appearance, and they had novelty value that made them popular. But why did dark glasses become such an affectation in the 19th century, and not earlier? What did it suggest?
The Long (Futile?) Fight for a Federal Shield Law
Authors: Miller Judith
Published: April 2021

The Pentagon Papers case leaves open the question of whether journalists can be compelled to disclose the identities of those who reveal classified information to them. This essay considers some of the most enduring arguments for and against a federal shield law. Those who argue against such a law note definitional problems and contend that we must punish leaks given their impact on national security. They argue that institutionalizing the press actually harms the press and that the shield law is unnecessary given current use of technology to identify sources of leaks. Those in favor counter that definitional questions should not be a problem because almost all states have been able to resolve the questions in their laws. Moreover, most leaks do not compromise national security; government secrecy, deceit, and incompetence cause more damage to national security than the press’s reporting of secret information; and without a federal shield law, sources will not provide important information about government misconduct.
Outlawing Leaks
Authors: Strauss David A.
Published: April 2021

Disclosures of sensitive national security information can be damaging to the nation, but they can also be indispensable to democracy—sometimes both at once. The Pentagon Papers case established an equilibrium, in which the government could prevent leaks but could not prevent the publication of leaked information. Recent developments have undermined that equilibrium, so new measures are needed to protect the vitally important interests on both sides. This essay explores drafting a new statute that determines when leaking or publishing leaked information should be a crime. What information should be protected? How much does intent matter? How should the law distinguish between individuals to whom the government has entrusted sensitive information and individuals or entities with no connection to the government but that have come into possession of information, without authorization, which they then publicize? The essay proposes reform options reform and identifies strengths and problems with various approaches.
Epilogue
Authors: Scacco Joshua M. , Coe Kevin
Published: April 2021

This chapter updates several of the key themes addressed in the book by considering the events of 2020, including the COVID-19 pandemic, the Black Lives Matter movement, and the presidential election. We discuss how the three contexts central to the ubiquitous presidency—accessibility, personalization, and pluralism—shaped responses to these events. Accessibility was present in President Trump’s frantic communication efforts during the pandemic, as well as in the efforts of other public figures. Personalization was present in the messaging and lifestyle changes necessitated by the pandemic. Pluralism was present in responses to systemic racism and police violence called out by the Black Lives Matter movement.
Forgetting the Bad Dreams of the Past
Authors: Hamblin Jacob Darwin
Published: April 2021

Eisenhower’s initiative provided rhetorical tools to others who pursued political or even personal goals in their own countries. The first major efforts to take “Atoms for Peace” seriously were in East Asia, particularly post-occupation Japan and also South Korea, freshly emerging from the Korean War. In both cases the United States would be confronted with its own empty promises, because these countries explicitly asked for American help to build nuclear reactors to power their economic resurgence. Instead, US officials stalled for time and wavered, unsure how—or if—they should genuinely encourage a peaceful nuclear industry outside the United States and Europe.
Gender “Neutral” Hiring Processes
Authors: Lauve-Moon Katie
Published: April 2021

Chapter 3 examines congregational hiring processes, which are most often perceived by congregants as “gender neutral.” This chapter draws on interview data to reveal hiring committees’ aversion to an “affirmative action” approach and shows that their failure to recognize the gendered hurdles faced by women prior to the job market actually results in masculinized hiring processes rather than gender-neutral ones and reinforces sexist hiring decisions. It also explores the conscious and unconscious gender biases of hiring committee members, which inevitably play a role in hiring decisions. Specifically, this chapters highlights congregants’ preferred hiring criteria, which are commonly understood as “gender neutral,” and shows how these seemingly neutral preferences actually result in unequal outcomes for women. For instance, while hiring senior pastors, congregations often preferred younger pastors who also have senior pastor or associate pastor experience. Some congregants also preferred pastors with direct and clear career trajectories. These seeming gender-neutral preferences disproportionately advantage men because women often connect with their callings and find opportunities for professional development later in life as a result of the gendered hurdles they face on their ways to the job market. This chapter further explores congregants’ unconscious gender biases, which often assumed men and women to be different but equal. However, congregants failed to understand how these assumed differences ultimately advantaged men in the pursuit of pastoral leadership.
Cooperation in Hierarchical Communities
Authors: Sterelny Kim
Published: April 2021

This chapter has three interrelated aims: to explain the origins of settled society and farming; the relationship between settled society and the emergence of large and persistent inequalities and the surprising stability of cooperation despite the fact that farming societies tend to become increasingly unequal. That is surprising because of the strength of egalitarian forager norms in the cultures from which farming emergences, because these initially unequal societies have not yet established coercive institutions controlled by elites and because the unequal distribution of resources is clearly against the interests of those outside the elite groups. The chapter offers an account of how elite claims for privilege have initial credibility, and of the erosion of options of collective resistance.
Introduction
Authors: Chung-Kim Esther
Published: April 2021

During the Reformation, religious leaders took a more decisive stance on the way that churches should deal with poverty. This study examines the role of church leaders in the development of poor relief reforms to provides a greater understanding of how religious ideals and rationales fueled the changes in church and society.While Catholics generally emphasized interpersonal charity, early Protestant reformers sought to eliminate begging by setting up or supporting poor relief institutions. Pastors and lay leaders helped to create and establish various approaches to alleviating poverty. While some church leaders sought to drive their local magistrates to deal with poverty within their communities, others initiated change mainly within their own churches. However, poor relief faced many practical challenges like raising money, new outbreaks of the plague, and the mass influx of religious refugees. Hence for minority Reformed and Anabaptist communities, church leaders had to find new ways to build and support their fledgling religious communities.
Johannes Bugenhagen
Authors: Chung-Kim Esther
Published: April 2021

Johannes Bugenhagen’s church orders revealed the lasting imprint of religious values on the poverty policies of many German cities. Originally from Pomerania (the coastal region of present-day Poland and Germany), Bugenhagen crafted legislation that included practical measures for poor relief. As a Wittenberg pastor, professor, and organizer of church reform, Bugenhagen became the diplomat for translating Lutheran ideals into practical laws that would reorganize or create new institutions of poor relief in north German cities, as well as in Scandinavia. In his negotiations with city councils and political rulers, he highlighted an emerging need to support poor pastors who, as married clergy, now had families to support. His experience of creating laws for diverse circumstances led him to delineate flexible policies with an adaptable understanding of the deserving poor.
The International Rule of Law
Authors: Pavel Carmen E.
Published: April 2021

This chapter argues that one of the main goals of an international rule of law is the protection of state autonomy from arbitrary interference by international institutions and that the best way to codify this protection is through constitutional rules restraining the reach of international law into the internal affairs of a state. State autonomy does not have any intrinsic value or moral status of its own. Its value is derivative, resulting from the role it plays as the most efficient means of protecting autonomy for individuals and groups. Therefore, the goal of protecting state autonomy from the encroachment of international law will have to be constrained by, and balanced against, the more fundamental goal of an international rule of law: the protection of the autonomy of individual persons, best realized through the entrenchment of basic human rights.
Fire and Forget: A Moral Defense of the Use of Autonomous Weapons Systems in War and Peace
Authors: MacIntosh Duncan
Published: April 2021

Setting aside the military advantages offered by Autonomous Weapons Systems for a moment, international debate continues to feature the argument that the use of lethal force by “killer robots” inherently violates human dignity. The purpose of this chapter is to refute this assumption of inherent immorality and demonstrate situations in which deploying autonomous systems would be strategically, morally, and rationally appropriate. The second part of this chapter objects to the argument that the use of robots in warfare is somehow inherently offensive to human dignity. Overall, this chapter will demonstrate that, contrary to arguments made by some within civil society, moral employment of force is possible, even without proximate human decision-making. As discussions continue to swirl around autonomous weapons systems, it is important not to lose sight of the fact that fire-and-forget weapons are not morally exceptional or inherently evil. If an engagement complied with the established ethical framework, it is not inherently morally invalidated by the absence of a human at the point of violence. As this chapter argues, the decision to employ lethal force becomes problematic when a more thorough consideration would have demanded restraint. Assuming a legitimate target, therefore, the importance of the distance between human agency in the target authorization process and force delivery is separated by degrees. A morally justifiable decision to engage a target with rifle fire would not be ethically invalidated simply because the lethal force was delivered by a commander-authorized robotic carrier.
Understanding AI and Autonomy: Problematizing the Meaningful Human Control Argument against Killer Robots
Authors: McFarland Tim , Galliott Jai
Published: April 2021

The physical and temporal removal of the human from the decision to use lethal force underpins many of the arguments against the development of autonomous weapons systems. In response to these concerns, Meaningful Human Control has risen to prominence as a framing concept in the ongoing international debate. This chapter demonstrates how, in addition to the lack of a universally accepted precise definition, reliance on Meaningful Human Control is conceptually flawed. Overall, this chapter analyzes, problematizes, and explores the nebulous concept of Meaningful Human Control, and in doing so demonstrates that it relies on the mistaken premise that the development of autonomous capabilities in weapons systems constitutes a lack of human control that somehow presents an insurmountable challenge to existing International Humanitarian Law.
Toward a Positive Statement of Ethical Principles for Military AI
Authors: Galliott Jai
Published: April 2021

This chapter responds to the interesting lack of formal movement by states toward the development of practical ethical frameworks for military applications of Artificial Intelligence (AI). Despite prominent depictions of autonomous weapon systems as the first step toward a dystopian future and almost seven years of international discussions under the auspices of the United Nations, only the United States has developed explicit principles for military AI. In the absence of similar efforts by other states, the underlying technologies have continued to develop, particularly in the civilian sphere. The purpose of this chapter, therefore, is to review ethical principles that were originally developed for civilian applications of AI and then propose a version that could be deployed to armed forces that seek to deploy autonomous systems and military AI. This chapter will consider the limitations of such an approach and argue in favor of the development of a ‘minimally-just AI’ to ensure that autonomous weapons cannot be used for blatant violations of the laws of war. The Military Ethical AI principles outlined in this chapter are intended for use as a high-level framework and shared language to enable discussion among various stakeholders on the ethical and legal concerns that remain with militarized AI.
Autonomous Weapons and Reactive Attitudes
Authors: Ohlin Jens David
Published: April 2021

The discourse surrounding Autonomous Weapons Systems (AWS) should encourage deeper consideration of how perceptions and reactive attitudes toward AWS could evolve in such a way to no longer reflect their deterministic nature. As AWS become more sophisticated and demonstrate increased behavioral complexity, it may well become more difficult for soldiers and policymakers to continue to view these systems dispassionately. This chapter draws on P.F. Strawson’s work to demonstrate how humans may find it impossible to fully rid themselves of reactive attitudes toward AWS. This chapter goes on to consider the consequences of humans and AWS in a shared environment. Human beings, whether enemy combatants or civilians, may respond to AWS not as sophisticated but ultimately deterministic actors, but rather as free agents and thus targets for feelings of gratitude or resentment. The link between behavior interpretation, perceived agency, and emotional attitudes has important implications for the deployment of AWS. A common argument in favor of AWS is that they would reduce collateral damage in counterinsurgency operations. It is far from certain that even the detached, calculated, and objective decision-making of an AWS would reduce the reactive response of the local populace. This chapter concludes by noting that some resentment to the lethal use of force is inevitable among civilians and combatants and argues that the deployment of an AWS is an unreliable tool for reducing this response.
National Narratives
Authors: Wertsch James V.
Published: April 2021

The chapter begins with observations about national narratives and conflict between Serbians and Bosnian Muslims and between Armenians and Azerbaijanis. It then turns to a section that distinguishes between national memory and “analytic history” that builds on narrative analysis to present the opposition between two ways of relating to the past. After reviewing various discussions of this opposition, the section concludes with a summary in the form of two columns and the general statement that in analytic history evidence is preserved at the expense of a narrative, whereas in national memory a narrative is preserved at the expense of evidence. The next section goes into some detail about a particular narrative template for Russia, the “Expulsion of Alien Enemies” schema. This provides an in-depth illustration of the notion of narrative template introduced in earlier chapters and shows how this pattern of emplotment is used by members of the Russian national community to make sense of everything from the invasion of the Mongols in the 13th century to the war with Napoleon in the 19th century and the “Great Patriotic War” of the 20th century—and to the invasion of ideas such as communism. The following section draws on contemporary cognitive psychology to develop the idea of “fast and slow thinking” about the past. Fast thinking concerns the unconscious cognitive processes involved in narrative templates. The concluding section provides an illustration of how the Russian national narrative template guides the interpretation of a Soviet war poster.
Founding a workshop
Authors: Adelson Robert
Published: April 2021

Having obtained a crucial royal protection that allowed them to compete freely with their Parisian rivals, the Erard brothers concentrated on enlarging their workshop in order to meet the growing demand for their pianos—not only in Paris, but throughout France. The firm hired numerous skilled workers from German-speaking Europe, enticing them by offering a good salary and a stable contract. The success of the Erard firm depended on recruiting, training, and supervising their numerous employees, and stocking their workshops with great quantities of specialised raw materials for instrument manufacture. The Erards developed relationships with musical instrument dealers, musicians, and music teachers as an important way to extend their instrument-building empire across Europe.
Faster and louder
Authors: Adelson Robert
Published: April 2021

Sébastien Erard’s most famous invention for the piano was the double-escapement action, which allows the pianist to rapidly repeat a given note without completely releasing the key, thus rendering the key and the hammer totally independent from each other. This action revolutionised the design of piano mechanisms and had a profound impact on music written for the instrument. Far from being an isolated discovery from the 1820s, Sébastien’s invention was the culmination of a lifetime of searching for ways to make the piano more responsive to the musician’s touch, all the while maintaining a powerful tone.
Camille Erard and the end of the Erard Empire
Authors: Adelson Robert
Published: April 2021

Pierre Erard’s death meant that for the first time in over eighty years there was no longer an inventive genius running the Erard firm. But by assuming control of the firm, Camille became one of the only women of her time to run a large-scale international business and one of the few women to make her mark in the history of musical instrument manufacture. The recognition of her authority as head of the firm by musicians such as Richard Wagner and Clara Schumann gave Camille the confidence to undertake two ambitious and transformative construction projects. The first of these initiatives was to build a concert hall on the premises of the rue du Mail. The second was to construct a vast modern factory on the outskirts of Paris. In the end, a lack of innovation combined with increased competition from German and American piano builders was the cause of the eventual demise of the Erard firm.
Castellio’s Long Shadow
Authors: Bruening Michael W.
Published: April 2021

Castellio’s ideas spread widely throughout Europe, and his followers played a more important role in the development of French Protestantism than has hitherto been acknowledged. This chapter reveals the networks of Castellio’s supporters that developed in the Vaud, Montbéliard, France, and elsewhere in Europe. These allies often united around opposition to religious persecution and to the Calvinist teachings of predestination and strict moral discipline. Instead, they favored religious toleration and free will (and occasionally universal election), and they emphasized voluntary Christian piety. The Calvinists perceived the Castellionists as a threat to their dominance of French Protestantism. Fears about a Castellionist in Poitiers, Jean Saint-Vertunien de Lavau, seem to have led both to Geneva’s missionary program into France and to the convocation of the national synods of the French Reformed churches.
Does Climate Change Policy Depend Importantly on Population Ethics?
Authors: Arrhenius Gustaf , Budolfson Mark , Spears Dean
Published: April 2021

Choosing a policy response to climate change seems to demand a population axiology. A formal literature involving impossibility theorems has demonstrated that all possible approaches to population axiology have one or more seemingly counterintuitive implications. This leads to the worry that because axiological theory is radically unresolved, this theoretical ignorance implies serious practical ignorance about what climate policies to pursue. This chapter offers two deflationary responses to this worry. First, it may be that given the actual facts of climate change, all axiologies agree on a particular policy response. In this case, there would be a clear dominance conclusion, and the puzzles of axiology would be practically irrelevant (albeit still theoretically challenging). Second, despite the impossibility results, the authors prove the possibility of axiologies that satisfy bounded versions of all of the desiderata from the population axiology literature, which may be all that is needed for policy evaluation.
Climate Change and Individual Obligations
Authors: Nefsky Julia
Published: April 2021

This chapter concerns the nature of our obligations as individuals when it comes to our emissions-producing activities and climate change. The first half of the chapter argues that the popular ‘expected utility’ approach to this question faces a problematic dilemma: either it gives skeptical verdicts, saying that there are no individual emissions-related obligations, or it yields implausibly strong verdicts. The second half of the chapter diagnoses the problem. It argues that the dilemma arises from a very general feature of the view, and thus is shared by other views as well. It then discusses what an account of our individual obligations needs to look like if it is to avoid the dilemma. Finally, the discussion is extended beyond climate change to other collective impact contexts.
The Franco-Ivorian Cooperation Agreements
Authors: Wyss Marco
Published: April 2021

Félix Houphouët-Boigny’s plans to develop his country within the French Community were shattered when in late 1959 the Community came to an early end. In response, and in order to burnish his African nationalist and leadership credentials, he refused to remain in a ‘renovated’ Community and to enter into cooperation agreements with Paris prior to independence. This strongly irritated Charles de Gaulle, who wanted to retain France’s sphere of influence in Africa and was concerned that Houphouët-Boigny’s example could lead to challenges from other former colonies. But the Ivorian leader, flanked by his allies from the Council of the Entente, stood firm, and Côte d’Ivoire became independent in summer 1960. Moreover, he succeeded in forcing de Gaulle to abandon his plans for a common French-led defence in francophone Africa, and obtained from France bespoke defence and military assistance agreements for the Entente in spring 1961.
Suspension, Higher-Order Evidence, and Defeat
Authors: Lord Errol , Sylvan Kurt
Published: April 2021

This paper has two main goals. The first and most central goal is to develop a framework for understanding higher-order defeat. The framework rests on the idea that higher-order evidence provides direct reasons for suspending judgment which leave evidential support relations on the first order intact. Equally importantly, we also seek to explain how this sort of defeat is possible by showing how direct reasons for suspension of judgment flow from the functional profile of suspension of judgment. As a result, our framework is embedded within an account of the nature of suspension of judgment that shows how new insights about its nature lead to a different picture of its rational profile. A second and subsidiary goal of the paper is to show how our framework provides a compelling basis for more moderate positions about disagreement and epistemic akrasia. We show that the puzzles about these topics rest on more fundamental mistakes about suspension and the relationship between reasons for suspension, reasons for belief, and evidence.
Defeaters as Indicators of Ignorance
Authors: Dutant Julien , Littlejohn Clayton
Published: April 2021

In this paper, we propose a new theory of rationality defeat. We propose that defeaters are indicators of ignorance, evidence that we’re not in a position to know some target proposition. When the evidence that we’re not in a position to know is sufficiently strong and the probability that we can know is too low, it is not rational to believe. We think that this account retains all the virtues of the more familiar approaches that characterize defeat in terms of its connection to reasons to believe or to confirmation but provides a better approach to higher-order defeat. We also think that a strength of this proposal is that it can be embedded into a larger normative framework. On our account the no-defeater condition is redundant. We can extract our theory of defeat from our theory of what makes it rational to believe—it is rational to believe when it is sufficiently probable that our belief would be knowledge. Thus, our view can provide a monistic account of defeat, one that gives a unifying explanation of the toxicity of different defeaters that is grounded in a framework that either recognizes knowledge as the norm of belief or identifies knowledge as the fundamental epistemic good that full belief can realize.
Bases for Copyright Licences to be Implied
Authors: Mysoor Poorna
Published: April 2021

This chapter discusses the bases on which copyright licences can be implied. It begins by looking at analogies in other areas of private law dealing with implication. The most elaborate doctrine of implication are the rules of implication of a term into a contract—implied in fact, implied by custom, and implied by law. These are known to private law as sources of private and public ordering, which apply as much to the actions of persons vis-à-vis other persons (such as entering into a contract), as they do to the actions of persons vis-à-vis persons in relation to property (such as granting a licence). It follows that these also form the basis on which express copyright licences arise. The bases for implying copyright licences must be the same as the bases for express copyright licences to arise, because the courts cannot do by way of implication what they could not have done if there was an express provision. This way, the exercise of the discretion that the courts have in implying copyright licences is made more transparent and predictable, fostering legitimacy and coherence in the process. Accordingly, the bases for implying copyright licences are: the consent of the copyright owner (consent-based); an established usage in a trade or an industry (custom-based); and state intervention to achieve policy objectives (policy-based).
Consent-based Implied Contractual Licences
Authors: Mysoor Poorna
Published: April 2021

This chapter evaluates consent-based implied contractual licences. Consent-based implied contractual licences differ from consent-based bare licences in that there is consideration that flows from the licensee in exchange for the licensor undertaking not to revoke the licence, in addition to there being an intention to create legal relations. The existence of a contract provides the structure within which to assess the copyright owner’s consent as the basis for implying a licence. The modern significance of implied contractual licences lies in their application to copyright content placed online by or with the consent of the copyright owner, and is subject to terms of use that amount to a contract. This chapter applies the framework proposed in Chapter 3, rather than the rules of implying terms in fact, in order to make the process of implication more transparent. The chapter examines the case law in three broad categories of contractual copyright licences: (i) commissioning contracts; (ii) copyright exploitation contracts; and (iii) consumer contracts.
Policy-based Implied Bare Licences
Authors: Mysoor Poorna
Published: April 2021

This chapter addresses policy-based implied bare licences. Unlike in the previous chapter, there is no contract in existence and no voluntariness on the part of the copyright owner, and indeed in some cases, no prior relationship between the parties. Historically, English common law has recognised an open-ended power of the courts to restrict or prevent copyright enforcement in the public interest, which has been acknowledged under section 171(3) of the UK Copyright, Designs, and Patents Act 1988. The chapter considers how a successful invocation of this provision implies a bare licence to achieve policy goals. Although there is no statutory equivalent of this provision in other common law jurisdictions considered here, the chapter explores if the power has nevertheless been exercised by the courts based on their inherent powers. Since policy-based implied bare licences produce the same effect on copyright owners as the statutory limitations or exceptions, the framework for implying this type of licence draws inspiration from the three-step test and the fundamental rights regime.
The Structure of Experience
Authors: Papineau David
Published: April 2021

In this chapter, the qualitative view is outlined and shown to avoid the problems facing representationalism. The qualitative view is defended as a ‘pure paint’ view and distinguished from the ‘partial paint’ views of Block and Peacocke. The structure of experience is acknowledged. ‘Intentional objects’ are explained, and the dangers of equating them with elements of experience are exposed. The idea that mental ‘paint’ might ‘point’ is discredited.
Secret Women
Authors: Page Jamie
Published: April 2021

This chapter presents a case study of apparent clandestine prostitution in Zurich in 1392, embedded within an attempted prosecution of abortion of a single woman named Repplin. The chapter aims to investigate the ambiguities of the concept of clandestine prostitution and whether it offers a satisfactory means of engaging with the subjectivity of medieval women. In doing so it additionally seeks to participate in existing debates on sex and social classification in the Middle Ages in which prostitution has been central. The chapter ultimately argues that while prostitution offers a useful means of making visible the lives of marginal women, imposing categories upon past subjects is also fraught with problems. In arguing that the idea of prostitutes as ‘secret women’ can help the reader to understand the symbolic and material dimensions of Repplin’s case, the chapter also makes the case for resisting the attempt to fully ‘capture’ past subjects.
What is the distinction?
Authors: Sutton Rebecca
Published: April 2021

Chapter 2 introduces, but does not resolve, the conundrum of what the idea of distinction is that is circulating in international practices and how it relates to the IHL targeting rule. The main point conveyed is that distinction in the conduct of hostilities sense is in play, but that it is being deployed in ways we might not expect. Actors routinely move the line to assert intra-civilian distinctions, and collapse IHL’s principle of distinction together with other values, ideas and principles to compose the ‘distinction vernacular’. The muddling of distinction is easier to observe in the training spaces than in South Sudan, as conversations about IHL are more explicit in the former. Trainees can be found struggling to locate a civilian–combatant binary in the conduct of hostilities sense, and they extend this fuzzy treatment to their categorization of humanitarian actors. The chapter also outlines the comprehensive ethos that guides contemporary international missions, explaining how the ‘working together’ mentality shapes international interventions. From the perspective of international humanitarian actors, international military and peacekeeping actors are encroaching upon them and blurring the lines. The discussion of the Intellectual realm examines the status of the main actors, canvasses civil-military guidance documents, and considers high-level pronouncements about distinction. Attention is drawn to slippage between a civilian–combatant distinction and other fault lines, as distinction’s haziness prevails at this normative level.
Epistemic Problems of Moral Testimony
Authors: Wiland Eric
Published: April 2021

This chapter discusses various arguments emphasizing epistemic problems with accepting moral testimony. It is often thought that there are various barriers that prevent a hearer from acquiring knowledge of moral truths on another person’s testimony. This chapter argues that none of these barriers are insurmountable. Although there indeed are various pitfalls to accepting testimony, none are peculiar to accepting moral testimony. In particular, it is possible to identify people who already have moral knowledge even if you yourself lack this knowledge. To do this, you need a theory of error—that is, some grasp of why another person might be better positioned to know moral truths than you yourself are. Armed with such a theory, it becomes possible to acquire moral knowledge through testimony.
Creative Reconstruction of the Technological Society
Authors: Skrbina David , Kordie Renee
Published: April 2021

Contemporary society is on a clearly unsustainable path, and faces multiple disaster scenarios in the coming decades unless transformative action is taken in the very near future. Among the prime root causes of our present dilemma is modern technology. It has allowed the emergence of modern-day miracles of our technological society, but it has also brought an exploding global population and widespread assaults on the natural environment. In fact, all major social problems are ultimately technological problems. Furthermore, technology is expanding exponentially on several fronts, and threatens to exceed human control. The thesis of ‘technological determinism’ has a long history, but only in recent years has its effects become manifest. Under such conditions, one promising long-term solution is a slow but steady retraction of modern technology. Such a ‘creative reconstruction’ of society will allow us to maintain that which is truly valuable in life, while putting humanity and the planet on a path to real sustainability.
Imperialism, International Law, and War: Enduring Legacies and Curious Entanglements
Authors: Mallavarapu Siddharth
Published: April 2021

Imperialism, international law, and war are not strange bedfellows but as the historical record suggests can be natural allies. While Anthony F. Lang, Jr in his chapter sheds light on the European discourse of just war, Siddharth Mallavarapu engages with various critical perspectives on the relationship between ‘empire’, ‘law’, and ‘war’: Mediated through questions of race, colonial difference, and ‘standards of civilization’, his contribution seeks to reverse the ‘gaze’ and view this compact not from the victor’s perspective often presented as neutral and disinterested but from the consciously partisan perspective of those who have been recipients of the violence inherent in the imperial way of law-making. It goes on to examine truncations or abridgements of classical sovereignty and shadow invocations of ‘responsibility’ with regard to ‘human shields’, drones and politico-legal responses to assassinations. Ultimately, it poses the question of what might help rehabilitate international law and avoid the logjams of bureaucratic rationality when it comes to dealing with conflict within and between states.
The Islamic Law of War and Peace and the International Legal Order: Convergence or Dissonance?
Authors: Hashmi Sohail H.
Published: April 2021

Sohail Hashmi introduces Part VI on non-Western perspectives on the justification of war and international order by engaging with Islamic discourses on war and peace: Muslim jurists working in the eighth through the fourteenth centuries developed a wide-ranging theory of world order (siyar) that elaborated laws of war (jihad) and peace. This theory was never fully implemented in state practice, but given the conservatism of Muslim jurisprudence in later centuries, it was neither revised nor renounced. Thus, this classical theory exists as a sort of parallel legal system to public international law today, confronting modern Muslims with questions of conflict or compatibility between the two. Three broad Muslim responses may be discerned: assimilation, accommodation, and rejection. The assimilationists treat the classical theory largely as a historical and now obsolete conception of world order. They accept the universality of international law and argue that most Muslims do so as well. The accommodationists claim that while international law appropriately governs the conduct of Muslim states in international society as a whole, Islamic law should have a role in the mutual relations of Muslim states. In other words, they see the potential for an Islamic international law alongside public international law. The rejectionists view international law as an alien code imposed on Muslims by Europeans. They affirm the superiority of Islamic law over international law and call for its application by Muslim states, not just in their mutual relations, but with non-Muslim states as well. Of these three positions, Muslim scholarship and practice overwhelmingly favour the assimilationist or accommodationist views. The rejectionist position is propounded by a limited number of the most conservative scholars and activists.