bluuebunny/crossref_metadata_2025 huggingface dataset:
Action and the Problem of Free Will
Authors: Gallagher Shaun
Published: August 2017

This chapter examines the concept of free will as it is discussed in philosophy and neuroscience. It reviews reflective and perceptual theories of agency and argues against neuro-centric conclusions about the illusory nature of free will. Experiments conducted by Benjamin Libet suggest that neural activations prior to conscious awareness predict specific actions. This has been taken as evidence that challenges the traditional notion of free will. Libet’s experiments, arguably, are about motor control processes on an elementary timescale and say nothing about freely willed intentional actions embedded in personal and social contexts that involve longer-term, narrative timescales. One implication of this interpretation is that enactivism is not a form of simple behaviorism. Agency is not a thing reducible to elementary neuronal processes; nor is it an idea or a pure consciousness. It rather involves a structure of complex relations.
The Practice of Thinking
Authors: Gallagher Shaun
Published: August 2017

This chapter addresses what is sometimes called the ‘scaling-up’ problem. The challenge is to show how enactivism can explain higher-order cognition that may involve memory, imagination, reflection, and abstract thinking. The chapter is framed around three interventions. First, it develops an enactivist account of affordance-based imagining, with reference to concepts of simulation and pretend play. Second, reflective thinking is conceived as a skillful practice, a concept introduced with reference to the recent McDowell–Dreyfus debate. Finally, this enactivist conception of thinking as practice is applied to mathematical reasoning, seemingly the most abstract of cognitive accomplishments. Just as we can understand the movement possibilities of our bodies as tracing out physical affordances to be found in particular environments, the principles and operations of geometry and mathematics trace out cultural affordances that allow us to solve problems, to communicate at abstract levels, to model knowledge, and thereby to transform our environments.
State-Sponsored Protection Rackets
Authors: Dewey Matías
Published: August 2017

That illegal markets thrive is something of a puzzle to sociology. Despite the lack of legal frames—crucial for conflict resolution, regulation of competition, and formal sources of credit—new illegal markets continue to emerge. Thus an analysis of informal social mechanisms is essential for a better understanding of illegal markets’ internal coordination. The main goal of this chapter is to dissect the role of one of these mechanisms—state-sponsored protection rackets—in the context of illegal markets. This type of protection racket means a selective non-enforcement of the law, an action carried out intentionally by politicians and police forces in order to capture economic resources. I provide evidence that such an informal mechanism is present on a massive scale at La Salada, a huge illegal and informal marketplace close to Buenos Aires city center. The chapter seeks to make a contribution on informal mechanisms fostering unlawful exchanges.
Making the Medical Marijuana Market
Authors: Dioun Cyrus
Published: August 2017

How did entrepreneurs and activists establish medical marijuana markets in the United States despite more than a half-century of social stigma and state prohibition? In this chapter, I draw upon interviews with medical marijuana market pioneers to show how an exogenous shock and endogenous actors laid the foundation for a multi-billion dollar industry. Interviews suggest that the death and devastation of the AIDS epidemic compelled value-rational entrepreneurs to openly defy the law and build informal market institutions, such as organizational forms and rules of exchange, to supply marijuana to AIDS patients. Market proponents legitimized and legalized these informal institutions by deploying strategic frames portraying marijuana as a compassionate palliative for the dying and by passing ballot initiatives allowing medical marijuana use, first in San Francisco (1991) and then in California (1996).
Contested Illegality
Authors: Hübschle Annette
Published: August 2017

This chapter shows that the illegalization of an economic exchange is not a straightforward political decision with fixed goalposts, but a protracted process that may encounter unexpected hurdles along the way to effective implementation and enforcement. While political considerations informed the decision to ban trade in rhino horn initially, diffusion of the prohibition has been uneven and lacks social and cultural legitimacy among key actors along the supply chain. Moreover, some market actors justify their participation in illegal rhino horn markets based on the perceived illegitimacy of the rhino horn prohibition. The concept of “contested illegality” captures an important legitimization device of market participants who do not accept the trade ban.
“We Are the Genuine People”
Authors: Engwicht Nina
Published: August 2017

The study of legality and illegality in markets usually relies on the assumption of “consolidated” statehood. This is surprising given that the strong state is by far an exception rather than the norm in the international system. It raises the question of how illegality is socially defined and enacted in contexts in which statehood is limited; that is, when the legitimacy, capability, and willingness of political authorities to develop and enforce a coherent body of laws is restricted. Analyzing social interactions in Sierra Leone’s illegal diamond market, this chapter argues that in order to understand illegality in situations of limited statehood it is crucial to take into account how illegal economies and their relation to the legal sphere are shaped by social norms of legitimacy.
The Supply of Doping Products and the Relevance of Market-Based Perspectives
Authors: Paoli Letizia , Greenfield Victoria A.
Published: August 2017

This chapter concerns itself with the nature of the supply of doping products and the relevance of market-based concepts, with specific reference to conditions in Italy. Notwithstanding concerns about doping and the role of the criminal underworld in sport, relatively little is known about the supply of doping products. Against this backdrop, we analyze the supply of doping products by revisiting and building on the central findings of an empirical study of supply and demand in Italy and argue, first, that supply and demand come together to form a “market”; second, that this market is “quasi-illegal”; and third, that this conceptualization can help inform policymaking in Italy and elsewhere and might have bearing on future research in criminology and other disciplines.
The Price Is Not Right
Authors: Tillman Robert
Published: August 2017

This chapter presents the argument that financialization, as a broad economic trend, has increased the opportunities for financial crime among firms both within and outside the financial services industry. The growth of the financial services industry, increasing dependence of many economies on financial services, increasing focus on share value by firms, and dramatic increases in compensation within the financial services industry have all contributed to increases in the frequency and scale of financial crime in recent years. To illustrate these trends, three case studies are reviewed: (1) the manipulation of electrical energy prices by investment bank subsidiaries; (2) the deliberate rigging of the London Interbank Offered Rate (Libor); and (3) the fixing of foreign exchange rates by investment bank traders. The case studies involve efforts by financial industry insiders to profit by manipulating the infrastructure of those markets, tinkering with the mechanisms by which prices and rates are set.
The Personal Inviolability of Diplomatic Agents in Emergency Situations
Authors: Behrens Paul
Published: August 2017

Personal inviolability is one of the oldest rights of diplomatic agents and is often considered to be at the root of diplomatic immunity. The wording it received in the Vienna Convention does not allow for any exceptions. But the absolute nature of the right can lead to difficulties—especially in situations in which diplomats themselves cause a danger to the general public or particular individuals. This chapter explores potential inroads under international law into the concept of inviolability and thus discusses the applicability of self-defence, necessity, and distress in situations of emergency. It also raises the question whether the human right to life imposes certain obligations on the receiving State which are capable of limiting diplomatic inviolability. In a concluding section, the chapter reflects on the justifications which are particularly likely to carry validity in situations marked by a need to deal with dangers arising from diplomatic actions.
The Privileges and Immunities of the Family of the Diplomatic Agent
Authors: Stirling-Zanda Simonetta
Published: August 2017

The focal point of this chapter is Article 37(1) of the VCDR which grants, under certain conditions, immunities to family members of diplomats. Significant questions in this regard remain unresolved—not least the concept of the ‘diplomatic family’ itself. State practice shows that a certain discretion has been exercised against a backdrop of existing and evolving customary law. The result has been a generally balanced approach. Nevertheless, obiter dicta and calls for exceptions to the rules are beginning to appear with increasing frequency; concerns are expressed regarding the consequences of immunities for other treaties and for fundamental human rights. This chapter provides a comparative survey of the interpretation of Article 37(1), but also reflects on the codification history and on lessons drawn from the preparatory work.
The Protection of Public Safety and Human Life vs the Inviolability of Mission Premises
Authors: Bao Yinan
Published: August 2017

Inviolability of mission premises is not only one of the core provisions of the VCDR, but represents a long established rule of diplomatic law. At the same time, the absolute inviolability stipulated in Article 22(1) can lead to conflicts with the need to protect public safety and human life, resulting in a dilemma for the receiving States which then have to determine whether one interest must overrule the other. This chapter provides a detailed analysis of the difficulty, reviews scholarly debate in this field and examines relevant incidents and their evaluation. It pays particular attention to the controversy concerning the application of the right of self-defence. But the author also explores solutions to the dilemma and suggests the employment of administrative measures to resolve the practical problems encountered in situations of this kind.
The Protection of Diplomatic Correspondence in the Digital Age
Authors: Labat Patricio Grané , Burke Naomi
Published: August 2017

This chapter considers the impact of new technology on compliance with obligations under the VCDR. It focuses on the provisions of the VCDR that establish the inviolability of diplomatic archives and correspondence and considers the challenges posed by technology that was not available at the time of the drafting of that treaty but which is now commonplace. It evaluates the ever-present risk of unauthorized digital access to diplomatic correspondence and archives, including by non-State actors (eg WikiLeaks), and examines whether the framework of the VCDR is still adequate to deal with those challenges. The chapter also addresses the submission of protected information obtained in violation of the VCDR as evidence in proceedings before international tribunals, including the International Court of Justice (ICJ). The chapter analyses the admissibility of that evidence and offers answers on how international courts should deal with that information.
Skirting Officialdom
Authors: Dickson Francesca
Published: August 2017

Sub-State entities are not party to the VCDR, but they often engage in State-like diplomacy. The lack of an international legal framework to cover their activities is the cause for ambiguity concerning the evaluation of their work, but also the source for innovative practices. This chapter addresses questions arising from this situation and asks, in particular, whether sub-State governments might be better able to carry out diplomatic tasks precisely because of the lack of diplomatic authority, or whether they benefit from ‘free-riding’ on the diplomatic resources of the host State. It also explores the extent to which sub-State governments can adopt practices of conventional diplomacy. Based on field research from Wales and Scotland, the author analyses difficulties faced by sub-State governments and asks whether the existence of a tier of governmental ‘diplomats’, operating outside the VCDR, may be detrimental to the diplomatic system itself.
To Discriminate in Order to Fight Discrimination
Authors: Taramundi Dolores Morondo
Published: August 2017

This chapter analyses arguments regarding conflicts of rights in the field of antidiscrimination law, which is a troublesome and less studied area of the growing literature on conflicts of rights. Through discussion of Ladele and McFarlane v. The United Kingdom, a case before the European Court of Human Rights, the chapter examines how the construction of this kind of controversy in terms of ‘competing rights’ or ‘conflicts of rights’ seems to produce paradoxical results. Assessment of these apparent difficulties leads the discussion in two different directions. On the one hand, some troubles come to light regarding the use of the conflict of rights frame itself in the field of antidiscrimination law, particularly in relation to the main technique (‘balancing of rights’) to solve them. On the other hand, some serious consequences of the conflict of rights frame on the development of the antidiscrimination theory of the ECtHR are unearthed.
Conclusion—Conflicting Views on Conflicting Rights
Authors: Brems Eva
Published: August 2017

These concluding reflections analyse the approaches and stances adopted across the volume and, on that basis, highlight some of the bones of contention in current human rights scholarship on conflicting (Convention) rights. The first matter on which opinions diverge is ‘to name or not to name’, i.e. whether or not to explicitly identify a conflict between Convention rights. The second is that of ‘choice versus compromise’, i.e. whether a finding of conflicting rights automatically leads to a solution that prioritizes one right over the other, or whether instead a compromise between the conflicting rights is preferable. The third issue is that of ‘balancing’ as opposed to other approaches that allow to prioritize among conflicting rights. The final issue, on which diverging opinions are discussed, is that of subsidiarity and the margin of appreciation.
Electing the Pope in Early Modern Italy, 1450-1700
Authors: Pattenden Miles
Published: August 2017

This is a book about how popes were selected in early modern Italy. But more importantly, it is a book about the problems selection by election created for the cardinals and other early modern Italians. The cardinals, who were the papacy’s exclusive electors, undertook the solemn duty of choosing a new pope on average every eight years. This was a unique procedure for choosing an absolute monarch and brought with it great responsibility. This book, the first major study of early modern papal elections in English, explores how the cardinals discharged this responsibility between the fifteenth and eighteenth centuries and how their attempts to reconcile their conflicting priorities reshaped the papacy. The papacy’s use of elections to decide who should hold its highest office has been—indeed, still is—amongst its most distinct characteristics. This study uses elections to analyzing the nature of the papacy’s constitution. Different chapters explain why the cardinals chose the popes they did; why papal politics in this period were unusually fluid, and how the clerical elite who populated curial office used the papacy for rent-seeking and familial advancement. The book’s overall thesis is that the papal office’s elective nature was crucial to the papacy’s wider history: many of its wider outcomes are either directly or indirectly attributable to it. The book thus simultaneously presents a history of the papacy through the medium of conclaves and is a detailed case study of cause and effect, played out at the highest levels of the Counter-Reformation Catholic Church.
Papal Government
Authors: Pattenden Miles
Published: August 2017

This chapter explains the various ways by which the cardinals and others tried to circumvent the papal election or, at least, to blunt its effects. It traces the development of several characteristic features of papal government—the sale of venal office, the proliferation of bureaucratic organs, and the rise of a market in papal debt—and shows how they benefited not just the popes themselves but also the much wider slice of the political elite who invested in such instruments. These developments may have led directly to the decline of papal nepotism, from the late seventeenth century onwards, as the papacy evolved from a personal monarchy to a bureaucratic one. However, they also contributed significantly to eighteenth-century Rome’s stagnation as popes and their debts distorted the structures of economic production.
Why Awards?
Authors: Frey Bruno S. , Gallus Jana
Published: August 2017

Honours are expressions of appreciation that can take various forms, ranging from orders, crosses, medals, decorations, prizes, trophies, and certificates to honorific titles and other awards. They can be found in virtually all spheres of life. There are awards far beyond the political and military sectors: in the humanitarian sector, in architecture, arts (film, television, radio, dance, music, literature), design, education, journalism, advertising, games, and sports. Honours also play a large role in academia and business. Awards are not only widespread; they also have a long history. Awards have great visibility, can raise the intrinsic motivation of recipients, and strengthen the commitment and loyalty to the giver. They are particularly well suited to honour broad achievements and indicate what the giver’s goals are. Awards are symbolic and hence cheap; they differ significantly from monetary incentives.
Awards in the Voluntary Sector
Authors: Frey Bruno S. , Gallus Jana
Published: August 2017

In the voluntary sector awards play a particularly important role because the respective organizations are often cash constrained, and social recognition is an important motivation for volunteers (which risks being crowded out by monetary pay). There are millions of people who voluntarily contribute to Wikipedia under pseudonyms (i.e. make anonymous contributions), but the number of active editors is on a pronounced decline, particularly among new editors. A field experiment is presented, which shows that a purely symbolic award scheme targeted at newcomers significantly raises their retention rate. The motivational effect persists over an entire year. It can be explained by the enhanced identity with the community, status and reputation concerns, recognition and self-confidence, and attention.
What Do We Know?
Authors: Frey Bruno S. , Gallus Jana
Published: August 2017

Awards directly and succinctly cater to one of the major human desires, namely, to be recognized and appreciated. Awards can raise recipients’ intrinsic motivation, make them more creative, and induce them to identify with the task. Awards establish a bond of loyalty to the giver. Monetary incentives, in particular pay-for-performance, may be applied to simple tasks. With more complex tasks, monetary incentives risk leading to multitasking and manipulation of the performance measurement and criteria. There is a lack of comprehensive and reliable data. Open issues include, but are not limited to, the question of who does and who does not get awards, why some organizations refrain from handing out awards, and what effects different types of awards have under varying conditions.
‘Contemplant Spirits’
Authors: Flores Cristina
Published: August 2017

The influence of Cambridge Platonist Ralph Cudworth’s philosophical system on Coleridge’s notion of contemplation is explored in Chapter 12. Coleridge studied Cudworth’s True Intellectual System early in his career, from 1795 to 1797, before his acquaintance with German thought. Flores contends that Coleridge’s theory of contemplative experience has an initial basis in the Cambridge Platonist’s ontological and epistemological tenets. Coleridge’s conversation poems, written during his perusal of Cudworth’s magnum opus, lay the groundwork for a metaphysical theory of contemplation. In these, which he called ‘Meditative Poems in Blank Verse’, Coleridge dramatizes meditative experience as he conceived it at this early stage of his career. Flores establishes a comparison between Coleridge’s early view of contemplative experience, and the related ‘Order of the Mental Powers’ in considering the influence of Cudworth’s philosophical tenets in Coleridge’s Platonist foundations.
Communities of Respect
Authors: Helm Bennett W.
Published: August 2017

Communities of respect are communities of people sharing common practices or a (partial) way of life; they include families, clubs, religious groups, and political parties. This book develops a detailed account of such communities in terms of the rational structure of their members’ reactive attitudes, arguing that they are fundamental in three interrelated ways to understanding what it is to be a person. First, it is only by being a member of a community of respect that one can be a responsible agent having dignity; such an agent therefore has certain rights as well as the authority to demand that fellow members recognize her dignity and follow the norms of the community, norms compliance with which they likewise have the authority to demand from her. Second, by prescribing or proscribing both actions and values, communities of respect can shape the identities of its members in ways that others have the authority to enforce, thereby revealing an important interpersonal dimension of the identities of persons. Finally, all of this is grounded in a distinctively interpersonal form of practical rationality in virtue of which we jointly have reasons to recognize the dignity and authority of fellow members and so to comply with their authoritative demands, as well as to respect (and so comply with) the norms of the community. Hence we persons are essentially social creatures.
Towards a Social Conception of Persons
Authors: Helm Bennett W.
Published: August 2017

This Chapter examines three sources of motivation for individualistic conceptions of persons (responsibility, identity, and practical rationality), all of which are in conceptual tension with the sorts of authority we can have over each other. We can relieve this tension in part by following Peter Strawson in understanding responsibility to depend on “human communities”—communities of respect by which we hold each other responsible to certain norms and so to certain practices or way of life. Yet the authority by which we hold others responsible presupposes the worth not only of the norms but also of the agent and the one holding her to those norms. We can understand such worth, it is suggested, in terms of communities of respect—in terms of its members’ joint respect for each other and for its norms and practices.
What Dyirbal uses instead of commands
Authors: Dixon R. M. W.
Published: August 2017

Dyirbal has verbal inflections which have been referred to as ‘positive imperative’ and ‘negative imperative’. However, their meanings and functions extend far beyond these traditional labels. Their subjects can be first or second person singular and plural, and they can occur in questions. The ‘positive imperative’ refers to the potentiality of something, which usually does, but may not, eventuate. It corresponds to a number of modal meanings (should, can, must, and will). The negative imperative is used to suggest caution, warning about what it is inadvisable to do. It is shown how the ‘potentiality’ and ‘caution’ verbal inflections relate to the social ambiance in which they are used.
Linguistic expression of commands in Lao
Authors: Enfield N. J.
Published: August 2017

This chapter undertakes a survey of commands and similar speech acts in Lao, the national language of Laos. The survey draws upon a corpus of naturally occurring speech in narratives and conversations recorded in Laos. An important linguistic resource for expressing commands is a system of sentence-final particles. The particles convey subtle distinctions in meaning of commands, including matters of politeness, urgency, entitlement, and expectation. These distinctions are illustrated with examples. Forms of person reference such as names and pronouns also play a role in the formulation of commands, particularly in so far as they relate to a cultural system in which social hierarchy is strongly valued. Various other linguistic issues related to commands are examined, including negative imperatives, complementation, indirect strategies for expressing commands, and serial verb constructions.
Imperatives and command strategies in Tayatuk (Morobe, PNG)
Authors: Guérin Valérie
Published: August 2017

Commands are pervasive in everyday conversations held in Tayatuk, a Finisterre language of the Morobe province in Papua New Guinea. Imperatives in Tayatuk usually order people around but also frequently express approval. The future and the non-final morphologies can also be recruited as command strategies to express, respectively, a command remote in time and space and an appeal. Formally, imperatives do not constitute a uniform paradigm. Canonical imperatives are expressed by the bare form of the verb (for 2sg) and with dedicated imperative morphology for 2pl and 2du. Non-canonical imperatives (for 1 and 3) borrow morphology from the irrealis paradigm. Negative imperatives form a defective paradigm of their own: a single inflection is used regardless of the person and numbers of the subject. The data suggest that imperatives and prohibitives in Tayatuk form separate clause types.
Commands in Wolaitta
Authors: Amha Azeb
Published: August 2017

This chapter examines expressions of commands (imperatives) in Wolaitta and the ways in which the imperative is distinguished from statements and questions. Although each sentence type is formally distinct, imperatives and questions share a number of morpho-syntactic properties. Similar to declarative and interrogative sentences, imperatives in Wolaitta involve verbal grammatical categories such as the distinction of person, number, and gender of the subject as well as negative and positive polarity. In contrast to previous studies, the present contribution establishes the function of a set of morphemes based on -árk and -érk to be the expression of plea or appeal to an addressee rather than politeness when issuing a command. Instead, politeness in commands is expressed by using plural (pro)nominal and verbal elements. The imperative in Wolaitta is a robust construction which is also used in formulaic speeches such as leave-taking as well as in blessing, curses, and advice.
The Plotinian Heritage of Augustine’s Peregrinatio Image
Authors: Stewart-Kroeker Sarah
Published: August 2017

Chapter 1 examines Augustine’s use of the pilgrimage image, which has a Plotinian heritage, to describe his relationship to the Platonists. This also offers a window into his Christological commitments as they develop over time. The varying iterations of the peregrinatio image over the course of his life illustrate the maturation of Augustine’s Christology as well as his shifting purposes in deploying the image. Augustine demonstrates a growing awareness of what his Christology implies for his description of the Platonist and Christian relationship to the final end: the homeland. He also, however, maintains a complex tension between a conception of the final end to some extent shared with the Platonists and a “final end conception” that is necessarily distinct due to his Christology. This chapter traces the maturation of the image’s Christology and Augustine’s self-described relationship to the Platonists.
Moral Formation in Christ, the Beautiful Beloved
Authors: Stewart-Kroeker Sarah
Published: August 2017

Christ’s healing of humanity consists, crucially, in forming human beings for loving relationship with himself and others. In this respect, Christ also takes the role of the beautiful beloved. Believers become pilgrims by falling in love with the beautiful Christ by the initiative of the Holy Spirit, who cleanses their eyes to see him as beautiful and enkindles desire in their hearts. By desiring and loving the beautiful Christ, the believer is conformed to him and learns to walk his path. Desiring the beautiful Christ forms a believing community shaped aesthetically and morally for a particular way of life: pilgrimage to the heavenly homeland. Formation is both earthly and eschatological, for so too is the journey and the activity of the pilgrim.
Beauty, Morality, and the Promise of Happiness
Authors: Stewart-Kroeker Sarah
Published: August 2017

This chapter takes up the themes of Chapter 3—loving beauty’s formative power—in a dialogue with contemporary philosophers Alexander Nehamas and Elaine Scarry, as well as with (to a lesser extent) Iris Murdoch. It explores the nature of love, beauty, and morality through a dialogue across historical–contemporary, theological–philosophical lines. A number of prominent modern criticisms of Augustine focus on a fundamental feature of his thought: that everything in human life is ordered towards the promise of heavenly happiness. This chapter shows some of the resources Augustine offers contemporary discussions of aesthetics by arguing that the way he links beauty and morality accounts for the ethical demands of love elicited by attraction to beauty.
The Body of Christ: Church as the Site of Formation
Authors: Stewart-Kroeker Sarah
Published: August 2017

For Augustine, formation for life with Christ happens in the context of the church. The sacraments and the fellowship of believers are integral to how people are formed in holy love for God and neighbor. For Augustine, the social and sacramental foundation of the church is Christ, iterated by the frequent imagery of the church as the body of Christ. The moral and aesthetic formation that happens in the ecclesial community includes the social structures of admiration, imitation, and leadership amongst the members themselves under the guardianship of Christ and the shared celebration of baptism and Eucharist. This chapter examines how these practices, in particular in their sacrificial aspect, support the traveler along the road to the homeland.
Neighbor-Love, Earthly and Eschatological
Authors: Stewart-Kroeker Sarah
Published: August 2017

This chapter develops Augustine’s view of neighbor-love and its tasks. Neighbor-love operates on the same principles of attraction to beauty and formation by love as love for Christ and love amongst Christ’s ecclesial members (described, respectively, in Chapters 3 and 4). The intimate link between love of God and love of neighbor in the context of the voyage to the homeland reflects the nature of those loves as both earthly and eschatological. This chapter shows how the reading of the pilgrimage image elaborated in the book resolves a long-standing debate on Augustine’s use–enjoyment distinction and corresponding vision of neighbor-love, in response to a prominent interpretation by Oliver O’Donovan. I argue that the pilgrimage image displays the continuity of earthly and eschatological love for both God and neighbor, and in so doing, offers a resource for resisting the disordering dangers of both idolatry and instrumentalization in loving others.
Europe, Yes—But Which Europe?
Authors: Grimm Dieter
Published: August 2017

This chapter suggests that the European Union has outgrown the original economic community but it remains unclear what it should become in the end. It first explains how the European Economic Community, the forerunner of the EU, became a singular, supranational entity somewhere between an international organization and a federal state. It then examines the 1992 Treaty of Maastricht; how EU’s democracy problem is exacerbated by a yawning gap between decision-making power and accountability; and the European Court of Justice’s role in the economic integration process as well as its interpretation of the European treaties. It also discusses proposals for an institutional reform of the EU, such as enhancing the representation of EU citizens on the European Parliament. Finally, it considers plausible explanations of European integration and how the EU must be arranged so as to find greater acceptance.
Sovereignty in Europe
Authors: Grimm Dieter
Published: August 2017

This chapter examines the question of who is sovereign in the relationship between the European Union and its Member States. It first considers the relevance of the debate over sovereignty in the EU and the development of the concept of sovereignty, paying attention to public powers form the substance of sovereignty, Jürgen Habermas’ theory of dual sovereignty, and the relevant provisions of the Lisbon Treaty. It then explores the problem of whether one should maintain the concept of sovereignty or recognize that the era of post-sovereignty has begun. It argues that it makes sense to address the question of who is sovereign in the EU, suggesting that the answer will determine the future course of European integration. It also analyses which concept of sovereignty is best suited to understand and explain the EU.
The Democratic Costs of Constitutionalization— The European Case
Authors: Grimm Dieter
Published: August 2017

This chapter examines the democratic costs of constitutionalization by focusing on the European case. It first considers the interdependence of democracy and constitutionalism before discussing how constitutionalization can put democracy at risk. It then explores the tension between democracy and fundamental rights, the constitutionalization of the European treaties, and the European Court of Justice’s (ECJ) two separate judgments regarding the relationship between European law and national law. It also assesses the impact of the ECJ’s jurisprudence on democracy, especially in the area of economic integration. The chapter argues that the legitimacy problem the EU faces is caused in part by over-constitutionalization and that the remedy to this problem is re-politicization of decisions with significant political implications.
The Cause of the European Democracy Deficit is Sought in the Wrong Place
Authors: Grimm Dieter
Published: August 2017

This chapter considers the proposal that increasing the clout of the European Parliament will solve the EU’s legitimacy problem. It first examines the argument that giving the Parliament the powers national parliaments typically enjoy will enable the EU to gain democratic legitimacy. It then discusses the importance of making a full account of standards, such as representation, in ascertaining whether increasing the powers of the European Parliament will deliver on its promise. It also examines the asymmetry between negative and positive integration as the root of the liberalizing tendency of the European Court of Justice’s jurisprudence. The chapter contends that the EU must develop a self-interest in strong democracy in the Member States, rather than undermining it by increasingly crippling national powers, and calls for an end to the detachment of the European Commission and the ECJ from the democratic processes in the EU and the Member States.
The Necessity of Europeanized Elections and Parties
Authors: Grimm Dieter
Published: August 2017

This chapter discusses the necessity of Europeanized elections and political parties. In textbooks on European law, political parties play no role, though the Lisbon Treaty affords them one. Currently thirteen parties enjoy the status of a European party under Article 10 of the Treaty on European Union (TEU), most of which are affiliations of ideologically like-minded national parties. This chapter first explains how elections work in Europe, and more specifically in the European Parliament, before comparing Euro-democracy with national democracy. It then considers the European Parliament’s powers of participation in European legislation and how the parties’ function of fostering European political awareness is undermined. It also examines the causes of the EU’s legitimacy deficit, along with a number of proposals including a full parliamentarization of the Union, before concluding with its own recommendations.
The Role of National Constitutional Courts in European Democracy
Authors: Grimm Dieter
Published: August 2017

This chapter examines the role of national constitutional courts in European democracy. It first provides an overview of national constitutional courts in Europe, focusing on the requirements that they impose on national institutions and the consequences of those requirements at the treaty level—i.e., transferring national powers to the European Union and regulating how these powers are exercised; at the level of the EU’s exercise of these powers; and at the level of implementing European law within national legal systems. The chapter also discusses how the European Court of Justice’s jurisprudence enabled the European treaties to function as a constitution; the non-political mechanism of EU decisions and how it promotes economic liberalization; and how the design and function of European primary law undermine democracy. The chapter suggests that the democratic legitimacy imparted to the EU’s decisions by its citizens can only develop within the framework of the European Parliament’s powers.
Wronging, Blame, and Forgiveness
Authors: Driver Julia
Published: August 2017

This paper argues against a popular view of forgiveness by holding that there are some cases—certain tragic dilemma cases—in which a person may be wronged by an action that is not itself wrong. Blaming a person is apt only when the person has done something that is all things considered wrong. Thus, in these tragic dilemma cases, it is not apt to blame the person who wronged by performing an all things considered right action. Yet it also seems that the person who has been wronged is in a position to forgive the wrong. But one view of forgiveness holds that forgiveness renders blame inapt. Yet, in the sorts of cases discussed, there is a point to forgiveness even when blame is already inapt.
Implicit Bias, Responsibility, and Moral Ecology
Authors: Vargas Manuel R.
Published: August 2017

There are reasons that weigh both in favor and against judging agents blameworthy for actions produced in part by implicit biases. Indeed, perhaps implicit bias reveals that our received views about agency are mistaken or confused. If so, then perhaps implicit bias is not merely some further phenomenon to which we can apply our pre-existing theories of moral responsibility and agency, but instead, a kind of challenge to those theories. This essay argues that there is an appealing way of thinking about the blameworthiness of actions caused by implicit bias that allows us to accommodate some of the radical aspects of the emerging scientific picture of agency, without entirely abandoning our commonsense picture of agency. The key is to recognize how a roughly “ecological” conception of moral agency can provide us with principled resources for distinguishing when agents are in circumstances that afford responsibility, and when they are not.
Respect and the Efficacy of Blame
Authors: Tsai George
Published: August 2017

This essay examines the role of respect and of the interest in having another’s respect in enabling blame to be effective: to achieve the desired effect of attitudinal and behavioral modification in the blamed. It considers how the blamed agent’s moral psychology at the outset of the blaming transaction bears on the way in which blame is able (if at all) to achieve its desired effect. To address this issue, an account of blame’s operations in three different cases—standard, intermediate, and proleptic—is developed. On the basis of the account, a normative worry is then raised: when blame achieves its desired effect in cases where the blamer and blamed are far apart in their respective moral understandings and motivations, effective blame begins to approximate manipulation and coercion, leaving a moral residue.
The Greek Impact in Asia Minor 400–250 BCE
Authors: Mitchell Stephen
Published: August 2017

Until the end of the fourth century BCE the impact of Greek culture in Asia Minor was limited. Lykians, Karians, and Lydians offered alternatives to Hellenism and preserved their own languages until the end of the fourth century BCE. However, by 250 BCE these Anatolian languages ceased to be used in public or private documents, and polis organization became normative. After the overthrow of the Persian Empire the autonomy of Greek cities became the highest political objective. Greek civic decrees in the early Hellenistic period emphasized that democratic legitimacy depended on quorate citizen votes, the Greek language became the only medium for official public communication, and the native populations maintained their identity and independence by adopting polis organization. Between 400 and 250 BCE these populations did not merely absorb Greek cultural influence but underwent the encompassing experience of becoming Greek.
From Pre-Makkabaean Judaea to Hekatomnid Karia and Back Again
Authors: Chrubasik Boris
Published: August 2017

This chapter analyses the adaptation of Greek cultural and political practices in two distinct environments: fourth-century Karia and second-century Judaea. Both regions see a marked political transformation in their respective time periods. The Hekatomnid rulers actively fostered the foundation of poleis, experimented with Greek architectural styles, and the new polis communities and rulers publicly displayed Greek-language inscriptions. Similarly, one of the high priests of Judaea attempted to transform the city of Jerusalem into a polis and founded Greek polis institutions there. By raising the question of why Greek cultural elements were valuable to the agents of fourth-century Karia and second-century Judaea, this chapter proposes that very local reasons attracted the local elites of these regions to Greek institutions, and argues against seeing these processes as being deeply connected to global trends of a supposed Greek oikoumene.
Anselm on Necessity
Authors: Leftow Brian
Published: August 2017

This article provides an explanation of Anselm’s understanding of necessity. Anselm did not write much about modality, and what he did write is puzzling. The dominant readings of Anselm see him as having two concepts of necessity, one merely physical or causal, the other logical or “alethic.” This article argues that Anselm has just one concept of necessity, which corresponds best to what is now called broadly logical or absolute necessity, but whose metaphysics is in terms of powers and lacks of power. The rival interpretations of A. D. Smith, Thomas Williams, and Sandra Visser are discussed and criticized in detail.
Avicenna on the Origination of the Human Soul
Authors: Mousavian Seyed N. , Mostafavi Seyed Hasan Saadat
Published: August 2017

According to the common wisdom, among both contemporary scholars and classic interpreters, Avicenna is committed to ‘Co-origination’: The human soul is temporally originated with the human body. Against the common wisdom, we will argue that Co-origination is ambiguous and vague and thus its attribution to Avicenna is in need of clarification and precisification. The problem is broken down into two sub-problems: First, the problem of the origination of different souls/powers, namely the vegetative, animal and rational, in humans, and second, the problem of the relationship between these souls/powers. Based on our solutions to these two sub-problems, we will offer our own reading of Co-origination according to which Avicenna is not committed to the view that the human soul is originated with the ‘human body’ in its ordinary sense.
Peter Auriol on the Intuitive Cognition of Nonexistents
Authors: Adriaenssen Han Thomas
Published: August 2017

This paper looks at the critical reception of two central claims of Peter Auriol’s theory of cognition: the claim that the objects of cognition have an apparent or objective being that resists reduction to the real being of objects, and the claim that there may be natural intuitive cognitions of nonexistent objects. These claims earned Auriol the criticism of his fellow Franciscans, Walter Chatton and Adam Wodeham. According to them, the theory of apparent being was what had led Auriol to allow for intuitive cognitions of nonexistents, but the intuitive cognition of nonexistents, at its turn, led to skepticism. Modern commentators have offered similar readings of Auriol, but this paper argues, first, that the apparent being provides no special reason to think there could be intuitions of nonexistent objects, and second, that despite his idiosyncratic account of intuition, Auriol was no more vulnerable to skepticism than his critics.
Ockham on the Parts of the Continuum
Authors: Roques Magali
Published: August 2017

This paper argues that, for Ockham, the parts of the continuum exist in act in the continuum: they are already there before any division of the continuum. Yet, they are infinitely many in that no division of the continuum will exhaust all the existing parts of the continuum taken conjointly. This reading of Ockham takes into account the crucial place of his new concept of the infinite in his analysis of the infinite divisibility of the continuum. Like many of his fellow anti-atomists, Ockham stresses that the concept of a potential infinite seems to contradict Aristotle’s modal logic, in particular the central assumption that there is no potency that will never be realized. Ockham, like other fourteenth-century anti-atomists, tried not only to refute atomism, but also to propose an analysis of the infinite divisibility of the continuum that is not incompatible with their modal logic.
Introduction
Authors: Sandberg Jörgen , Rouleau Linda , Langley Ann , Tsoukas Haridimos
Published: August 2017

Skillful performance has become one of the most perennial and critical questions within management and organization studies (MOS). This introductory chapter discusses how skillful performance has been conceptualized and investigated in three main interrelated research areas within MOS, namely strategic management, organizational learning and knowledge management, and human resource management. It critically scrutinizes these bodies of literatures, showing that while they have generated an abundance of knowledge about what characterizes the properties of the capabilities, knowledge, competence, and expertise related to skillful performance, they have considerably less to say about how they are enacted in skillful performance. As a way forward, the chapter introduces a range of process-based approaches to advance our understanding of how capabilities, knowledge, competence, and expertise are enacted in the skillful performance of individuals, groups, and organizations.
Interactional Expertise and Embodiment
Authors: Collins Harry
Published: August 2017

The first part of this chapter introduces the idea of interactional expertise, while the second part focuses on its implications for philosophical theories of the importance of the body in forming our conceptual world. The chapter argues that the way philosophers have dealt with the body turns attention away from the most important questions and that we cannot answer these questions without making the notion of socialization, and therefore interactional expertise, a central concept in our thinking. This makes language at least as important, and often more important than bodily practice in our understanding of the world. The notion of a disembodied socialized agent leads in the direction of interesting questions while the notion of an embodied but unsocialized human actor is unimaginable.