bluuebunny/crossref_metadata_2025_split huggingface dataset:
Grounding Obligations
Authors: Weale Albert 
Published: July 2020

Abstract
Grice has been an unjustly neglected thinker. His version of contract theory offers a distinctive approach combining deliberative rationality with a non-moralized conception of motivation. He is particularly noteworthy for his early attempt to distinguish motive and reason. His attempt to ground moral reasoning is presented as part of a general scheme of reasoning in which there are different forms of reasons: prudential; obligatory; and super-obligatory. Each depends on how human interests and goals are understood. There are some particular difficulties with his theory. However, the principal difficulty is that, in order to derive a general ground of obligation, he has to assume that reasons are intrinsically agent-neutral, having universal scope, and there is no reason to think this thesis true. There can be agent-relative reasons, and Grice does not provide us with an argument to move beyond those.
A Method of Ethics?
Authors: Weale Albert 
Published: July 2020

Abstract
Modern social contract theory is a form of constructivism in ethics. Constructivism is both a normative programme and a meta-ethical programme. One objection to contract theory is that it is a ‘spare wheel’, adding nothing to first-order ethical argument. However, this line of argument runs up against the problem that there are certain practices, for example rape in marriage, that are better understood in terms of contractual morality than in terms of intuitive or common sense morality. Contract theory cannot be fully reductionist in a meta-ethical sense, because the theorist needs some intuitions to define an appropriate construction. One important role for contract theory is to evidence the social conditions for relations of justice among persons. Moreover, contract theory can sometimes be presented as though the theoretical construction is rigged, but this is a distortion of constructivist ambitions. Universalizability remains a challenge, as does the question of the determinateness of the results of contract reasoning.
Clean Bodies
Authors: North Susan 
Published: July 2020

Abstract
Early modern English medical books are full of advice about cleanliness of the skin, the subject of Chapter 4. It was considered vital for the survival of infants and insisted upon in books dedicated to childcare. Babies needed washing and/or bathing with every change of their nappy/diaper. Surgeons, responsible for the external health of the body, also recommended regular washing of the skin. Washing performed the necessary function of removing sweat, a form of excretion, as well as preventing and treating skin ailments such as the itch, morphew, and scabies. Bathing was considered a particularly effective method of cleaning the skin and the literature on this subject is examined and reassessed.
Wearing Linens
Authors: North Susan 
Published: July 2020

Abstract
Chapter 5 begins the exploration of the material culture of clean bodies and clothes in early modern England. What were the ‘linens’ that doctors and moralists insisted must be clean? Linen clothing comprised two main groups: the visible and the invisible. The latter were linen undergarments—shirts, shifts, stockings, and drawers—requiring regular changing but remaining unseen when a person was fully dressed. Accessories worn on the head, around the neck, and at the wrists were the visible linens. Part of fashionable dress in a variety of forms, they were the outward sign that propriety was being observed and maintained. The relationship of visible and invisible linens to prevailing styles of dress is examined and how they changed according to fashion during the early modern period.
Writing About Animals in the Age of Revolution
Authors: Spencer Jane 
Published: July 2020

Abstract
This book argues that shifting attitudes to nonhuman animals in eighteenth-century Britain affected the emergence of radical political claims based on the concept of universal human rights. It examines a tension in 1790s radicalism between the anthropocentrism of the concept of the ‘rights of man’, and the challenge to human exceptionalism entailed by attempts to extend benevolent consideration to nonhuman animals. The development of a naturalistic and sympathetic literature of animal subjectivity is traced with particular attention to the innovatory representation of nonhuman animal perspectives within children’s literature. The study explores the complex relationship between animal representation and claims for human rights through an investigation of writing by and about four overlapping human groups—children, women, slaves, and the lower classes—whose social subordination was grounded in their cultural construction as less than fully human. Emancipatory movements of political reform, abolition, and feminism, and the animal representations produced within those movements, were affected by the varying forms of animalization applied to each oppressed group. A final chapter considers the legacy of 1790s animal rights discourses in the early-nineteenth-century campaign for anti-cruelty legislation. The book’s many literary animals include the ass, ambiguous emblem of sympathetic animal writing; the great ape or ‘orang-outang’, central to racist discourse; and the pig, adopted by 1790s radicals to signify their rebellion. Writers considered include Sterne, Coleridge, Southey, Wordsworth, Clare, Wollstonecraft, Barbauld, Hays, Mary Robinson, Equiano, Sancho, Cugoano, Clarkson, Thomas Spence, Daniel Isaac Eaton, John Oswald, Joseph Ritson, Thomas Erskine, and John Lawrence.
Choice, Will, and Freedom
Authors: Løgstrup K. E. , van Kooten Niekerk Kees , Lykke Cobos Kristian-Alberto , Fink Hans , Rabjerg Bjørn , Stern Robert 
Published: July 2020

Abstract
Løgstrup gives a phenomenological account of the will, which holds that to will something is not to have a freedom of choice but rather to already have chosen, meaning that the will is always already engaged. The idea of a free will thus rests on a misconception of the concept of the will. This leads Løgstrup to discuss Kant’s conception of the good will, and he considers the discussion between Luther and Erasmus, where Løgstrup sides with Luther: human beings do not have a free will to choose the good, but rather the human will is bound to the self and therefore a will to do evil. Løgstrup examines the concept of will found in Descartes’s fourth meditation, before he turns to a discussion of the concept of will in Kierkegaard and the notion of ‘freedom of existence’. Finally is the problem of determinism and indeterminism.
The Study and Editing of the Vernacular Chronicles
Authors: Stafford Pauline 
Published: July 2020

Abstract
This chapter surveys interest in the vernacular Anglo-Saxon chronicles from the sixteenth century to the twentieth, together with their study and editing. It sees these endeavours as both scholarly and antiquarian, but they also as linked to periods of definition of, and concern with, England and Englishness from the Reformation through to nineteenth-century medievalism. It discusses successive editions and their presentation of these chronicles, and argues that editions have not been neutral but have played a role in constructing these texts as a single national chronicle. It stresses the importance of the most recent editions, which present each chronicle separately.
The ‘Northern Recension’
Authors: Stafford Pauline 
Published: July 2020

Abstract
This chapter considers the most famous lost vernacular chronicle, the so-called ‘Northern Recension’, fossilized in Chronicles D and E. It examines its making, patronage, and audience, and its connection to the extension of southern power to England north of the Trent and Humber. A detailed reconstruction of the text identifies its sources in Bede, the York Annals, and the chronicle produced at Alfred’s court, the use of Bede being part of the story of Bede’s reception in later Anglo-Saxon England. It considers the nature of the resulting chronicle, its continuities with and shifts from that of Alfred. The Northern Recension is the first identifiable chronicle to add substantially to the Alfred Chronicle’s text. It is argued that this chronicle is linked to the archbishops of York, who were southern appointees and agents of southern power, but its makers were Northumbrian and attention is paid to their voices in the text.
Chronicle D: Crossing Conquest
Authors: Stafford Pauline 
Published: July 2020

Abstract
This chapter focuses on the manuscript and last stages of Chronicle D, the relationship of work on D to 1066 and the problem of where and for whom this chronicle’s last stages were written. It covers the complex palaeography and layout of Chronicle D, and the difficulties caused by its loss of several folios and their later replacement. The chapter argues that the core of D is pre-1066, in large part probably produced in the 1040s, but that much copying and some rewriting occurred post-1066. Key English survivors are central to Chronicle D—descendants of the pre-1066 dynasty, Edgar the ætheling and his sister Margaret, who married the Scottish king; Ealdred, last Anglo-Saxon archbishop of York; bishops of Durham in retirement at Peterborough; and Earl Waltheof. No single home is suggested for Chronicle D’s last stages whose writing may reflect the diaspora of these pre-1066 survivors.
Epilogue
Authors: Dobos Ned 
Published: July 2020

Abstract
Whether or not the costs of a military establishment are worth bearing will depend on, among other things, the availability of alternative arrangements for national defence. Gene Sharp spent his career advocating for what he called a ‘post-military’ civilian-based defence system. It would perform the core functions currently entrusted to armed forces, including national defence against external aggression, but it would rely on non-violent means and methods—the very same that citizens might employ to depose a local dictator. Sharp envisaged a world in which the energies and resources currently spent on militaries would be redirected into these radically different-looking defence institutions. He called this process ‘trans-armament’, as opposed to disarmament, to emphasize that it would not involve throwing our weapons down, but rather replacing them with other (in Sharp’s estimation, better) ones. The epilogue examines Sharp’s proposal.
Accountability in Global Governance
Authors: Hirschmann Gisela 
Published: July 2020

Abstract
How can international organizations (IOs) like the United Nations (UN) and their implementing partners be held accountable if their actions and policies violate fundamental human rights? Political scientists and legal scholars have shed a much-needed light on the limits of traditional accountability when it comes to complex global governance. However, conventional studies on IO accountability fail to systematically analyze a related, puzzling empirical trend: human rights violations that occur in the context of global governance do not go unnoticed altogether; they are investigated and sanctioned by independent third parties. This book puts forward the concept of pluralist accountability, whereby third parties hold IOs and their implementing partners accountable for human rights violations. We can expect pluralist accountability to evolve if a competitive environment stimulates third parties to enact accountability and if the implementing actors are vulnerable to human rights demands. Based on a comprehensive study of UN-mandated operations in Afghanistan, Bosnia, and Kosovo, the European Union Troika’s austerity policy, and global public–private health partnerships in India, this book demonstrates how competition and human rights vulnerability shape the evolution of pluralist accountability in response to diverse human rights violations, such as human trafficking, the violation of the rights of detainees, economic rights, and the right to consent in clinical trials. While highlighting the importance of studying alternative accountability mechanisms, this book also argues that pluralist accountability should not be regarded as a panacea for IOs’ legitimacy problems, as it is often less legalized and might cause multiple accountability disorder.
Pluralist Accountability in Global Health Governance
Authors: Hirschmann Gisela 
Published: July 2020

Abstract
This chapter analyzes the conditions for pluralist accountability regarding public–private health partnerships in the areas of vaccination and vaccine development in India. While in many other fields global governance is still characterized by formal delegation relationships with international organizations as the mandating authorities, global health governance has become very fragmented and consists of primarily informal governance structures. This case study reveals the limitations of pluralist accountability in complex global governance: it demonstrates how the evolution of pluralist accountability was inhibited by both a politicized environment that does not incentivize the exercise of accountability and a moral dilemma situation in which actors adopted a strong counter-norm to render themselves invulnerable against human rights demands. The core question concerning what implementing actors should be held accountable for remains disputed, which thus makes a pluralist accountability relationship impossible.
Management Contracts
Authors: Leigland James 
Published: July 2020

Abstract
In this chapter the discussion turns to management concessions as they have been used in the water and power sectors of developing countries. Because these arrangements are typically short term and involve little or no private investment, they considerably reduce the normal PPP risks faced by private partners. But despite the seeming potential of such contracts for improving the operational efficiencies of infrastructure service systems, as well as the reduced risks of such projects for private partners, these kinds of private–public partnerships (PPPs) have rarely met the expectations of local stakeholders, especially in the poorest countries. Is this criticism fair, or are the objectives of these contracts misunderstood? Hybrid forms of these contracts seem to be emerging in response to disappointment with traditional models. Will these hybrids be successful in achieving the original aims of management contracts?
Case Studies
Authors: Leigland James 
Published: July 2020

Abstract
This chapter presents a series of short case studies of the best-known management contracts for water and electricity services in Sub-Saharan Africa (SSA). The studies attempt to identify projects that successfully met the expectations of a wide variety of key stakeholders. But the review finds very few contracts that have achieved this standard of success. Why have governments, particularly in Africa, been so willing to sign these kinds of contracts, despite their consistently poor performance? Why has that performance not appreciably improved after almost three decades of experimentation? Why do donors, development finance institutions (DFIs), and multilateral development banks (MDBs) continue to promote these mechanisms? What lessons have been learned about the pre-conditions necessary for the conventional management contract model to meet expectations? The case studies in this chapter explore these questions and attempt to identify the factors that make such contracts successful.
Case Studies
Authors: Leigland James 
Published: July 2020

Abstract
This chapter presents case studies of three recent renewable energy independent power producer (IPP) tender programs in Sub-Saharan Africa (SSA), in Uganda, Zambia, and South Africa. Using competitive tenders to select IPP projects is rare in Africa, but is viewed as an effective way of lowering project costs. And with the rapid reductions in the costs associated with wind and solar projects, renewable energy IPP projects may represent the power sector public–private partnerships (PPPs) of the future. These case studies detail the role of development partners in designing and implementing the first two of these programs and compare their performance with that of the South African program, a program designed and managed almost exclusively by South African officials and their advisers. What are the lessons that can be learned from these two distinct approaches? What impact do these kinds of programs have on the “IPP policy dilemma” described in Chapter 8?
The Narrative Legacies of Exceptional Crime
Authors: Gigliotti Simone , Pierce Amber 
Published: July 2020

Abstract
The chapter examines the evolution and efficacy of the prosecutor as an author of anti-genocide narrative. It focuses on the work and statements of prosecutors Telford Taylor (Nuremberg) and Benjamin Ferencz (the Einsatzgruppen Trial of 1947–1948) and Serge Brammertz at the International Criminal Tribunal for the former Yugoslavia (ICTY) (Radovan Karadžić). The chapter traces the intergenerational legacy narratives of the Nuremberg Military Tribunal for ICTY prosecutors. It examines areas such as the presentation of criminal wrongdoing, victim testimony, and societal extremes. It explores in what ways and to what extent prosecutors’ anti-genocide narratives have contributed to the pursuit of reconciliation in regions with governments and political groups that are resistant to reparations and victims’ justice movements.
Symbolic Expression at the International Criminal Tribunal for the Former Yugoslavia
Authors: Aksenova Marina 
Published: July 2020

Abstract
The chapter argues that, at the creation of International Criminal Tribunal for the former Yugoslavia (ICTY), conditions were ripe for establishing this kind of forum. The ICTY was instituted with one overarching aim: condemnation of evil deemed universal. The language of the UN Security Council resolutions demonstrates an intensifying concern over offences committed in the Balkan war. The overarching purpose of the tribunal was symbolic—to uphold the value of human dignity through the ritual of criminal prosecutions in the light of the inability of local actors to prevent further escalation of atrocities. The chapter relies on two theoretical frameworks to support its claim: the theory of discourse analysis developed by Michel Foucault, projecting the ICTY’s power outwards focusing on the content of its input, and an anthropological exploration of the symbolic nature of rituals by Maurice Bloch, identifying the structure within which this content is generated.
Whither Thou Truth and Justice
Authors: King Kimi Lynn , Meernik James 
Published: July 2020

Abstract
Chapter 13 examines micro-level components shaping the witness experience. It develops a model of procedural justice to examine witness perceptions about the search for historical truth and justice. Based on extensive survey data from witnesses who testified before the International War Crimes Tribunal for the former Yugoslavia, the study evaluates in depth the impact of testifying. The chapter uses logistic regression to evaluate whether certain testimonial challenges such as trial delays, language translation difficulties, and other stressors associated with the process of testifying contribute to perceptions about about witnesses’ contributions to truth and justice. Notably, we find ethnic and gender differences among the witnesses regarding whether they believed they have contributed to truth and justice by having testified, and the findings reveal limited support for the proposition that if witnesses feel they have been treated fairly they are more likely to believe they have contributed to justice.
Vertical Inconsistency of International Sentencing? The ICTY and Domestic Courts in Bosnia and Herzegovina
Authors: Holá Barbora 
Published: July 2020

Abstract
Both legal scholars and the general public assume—on the basis of mainly anecdotal evidence—that sentencing at the International Criminal Tribunal for the former Yugoslavia (ICTY) and at the domestic courts is widely inconsistent. As ‘the most responsible’ are sentenced by the ICTY, their allegedly more lenient sentences easily fuel ideas of ‘those most responsible getting off the lightest’. However, no systematic empirical inquiry of sentencing of perpetrators of international crimes committed during the Bosnian war has ever been conducted. This chapter presents findings of an original empirical study comparing sentencing of defendants tried and convicted at the ICTY and those punished by the domestic courts in Bosnia. It discusses cross-fertilization, and discrepancies, between the sentencing jurisprudence and practice of the ICTY and national jurisdictions and refutes the allegations of vertical inconsistency of international sentencing.
‘We Learnt that from The Hague’
Authors: Brodersen Kei Hannah 
Published: July 2020

Abstract
While much attention has been paid to contributions of the International Criminal Tribunal for the former Yugoslavia (ICTY) to International Humanitarian Law and International Criminal Law, the ICTY’s impact on countries under its jurisdiction and on their criminal justice systems is under-researched. Using Bosnia and Herzegovina (BiH) and Serbia as case studies, this chapter discusses the Tribunal’s influence on fairness in war crimes trials that have been conducted in the region since the early 2000s. It shows that the ICTY had only scarce effects on fairness of proceedings, with great impact in BiH and almost absent in Serbia. The difference is explained using the ‘norm cascade model’ and ‘spiral model’, describing how a norm ‘cascades’ from the international level into the national justice system. It shows that the ICTY’s permanent presence in BiH and large absence in Serbia were factors accounting for whether national counterparts followed ICTY jurisprudence and practice.
Extraterritoriality as a Matter of Interpretation
Authors: Raible Lea 
Published: July 2020

Abstract
This chapter considers the standard view that extraterritoriality is a matter of treaty interpretation and that, following on from this, all that is required to discover the extraterritorial scope of human rights treaties is following the rules of interpretation set out in the Vienna Convention on the Law of Treaties. I argue that the extraterritorial scope of a treaty is a matter of treaty interpretation, but that it is not sufficient to follow rules in order to give meaning to international legal instruments. What determines the outcome of an interpretation is, in addition to these rules, a question of values. That is, what lies at the heart of interpretation is the determination of the values and principles that underlie a human rights treaty.
Jurisdiction as Political Power
Authors: Raible Lea 
Published: July 2020

Abstract
Moving from the conceptual to the substantive, this chapter refines our account of jurisdiction based on a concept of power and argues that it is best understood as political power in particular, as opposed to coercion. I argue that political power in this context should be conceptualised to denote the ability of public institutions to determine how individual powers are transformed. That is, political power is the ability of public institutions to mediate the abilities of individuals into a different set of abilities. As such, it is constitutive of and necessary for public institutions, it affects individuals because it provides the very framework for them to pursue their lives in equality, and it is virtually unavoidable. The exercise of political power results in non-exclusive control on particular states of affairs in the area of the rights outlined in any given treaty. The vehicle through which this power is manifested is the choice and application of rules. Political power so understood is the best approximation of a factual position to guarantee equality, which, as we have seen in Chapter 2, is what justifies human rights obligations of public institutions in the first place.