bluuebunny/crossref_metadata_2025_split huggingface dataset:
Sharia Law in Europe? Legacies of the Ottoman Empire and the European Convention on Human Rights
Authors: McGoldrick Dominic 
Published: November 2019

Abstract
In Western Thrace in Greece, a legacy of the Ottoman Empire survives in the form of religious law (Sharia). This article examines how international human rights law has approached the compatibility of such religious laws with modern human rights instruments and particularly with the European Convention on Human Rights (ECHR). It portrays the situation on Western Thrace within the wider historical, legal and social contexts of Muslims in Greece. It explains how the ‘Muslims in Western Thrace’ came to be identified as a particular legal minority, why Sharia continued to be applied to them and only to them, and examines their contemporary legal and human rights status. There follows an extensive critique of the judgment of the Grand Chamber of the European Court of Human Rights in Molla Sali v. Greece in December 2018. Although the narrow factual issue in the case concerned inheritance rights, the case raised general issues concerning the individual as the central subject of human rights law and the relationship between individual and minority rights protection. The article concludes by reflecting on the place of individual consent within a human rights framework and the systemic implications of the Molla Sali case with respect to the possible future of Sharia in the social and legal spaces of the ECHR.
Feeding and Fasting Bodies
Authors: Talukdar Jaita 
Published: November 2019

AbstractTreating women as helpless victims of social conventions or as neoliberal, postmodern subjects to understand “food femininities” obscures the fact that bodies are situated in social hierarchies. Social functions and roles tied to the female body bring about difference in eating and dieting practices. This chapter applies Bourdeusian analysis to the dieting and religious fasting practices of forty-eight women in the rapidly neoliberalizing city of Kolkata, India, to show how structurally rooted dispositions inform rules of engagement surrounding eating. Dieting and religious fasting, though simultaneously self-gratifying and strenuous, took on very different meanings depending on how they enabled women to seek recognition and meaning in their daily lives. The women who dieted projected their bodies onto the public sphere to secure the benefits that the new economic order could bestow, while familial fasts were an embodiment of the collective, material struggles less privileged women encountered on a daily basis.
Existential Philosophy and Psychotherapy Ethics
Authors: Noyon Alexander , Heidenreich Thomas 
Published: November 2019

Abstract
This chapter introduces five central concepts of existential philosophy in order to deduce ethical principles for psychotherapy: phenomenology, authenticity, paradoxes, isolation, and freedom vs. destiny. Phenomenological perspectives are useful as a guideline for how to encounter and understand patients in terms of individuality and uniqueness. Existential communication as a means to search and face the truth of one’s existence is considered as a valid basis for an authentic life. Paradoxes that cannot be solved are characteristic for human existence and should be dealt with to turn resignation into active choices. Isolation is one of the “existentials” characterizing human life between two paradox poles: On the one hand we are deeply in need of relationships to other human beings; on the other hand we are thrown into the world alone and will always stay like this, no matter how close we get to another person. Further, addressing freedom and destiny as two extremes of one dimension can serve as a basis for orientation in life and also for dealing with the separation between responsibility and guilt.
Ethical Issues in Existential-Humanistic Psychotherapy
Authors: Krug Orah T. , Piwowarski Troy 
Published: November 2019

Abstract
A set of principles underlies Existential-Humanistic (E-H) therapy and guides the therapeutic change process. These principles uphold the ethical values of dignity of human beings and the sanctity of human connections. Moreover, their implementation, it is presumed, effectively transforms lives. The practice of E-H therapy presents ethical challenges for its practitioners because it relies not on a medical treatment model but rather on an existential-humanistic healing model. This model does not focus on diagnosing and treating symptoms. Instead, it supports an understanding of how each client is uniquely coping with his or her existence. Practicing therapy in this way may be more challenging ethically, precisely because there are no standardized protocols or treatment interventions to rely upon. In the first section of this chapter, four ethical principles of E-H therapy are paired with several potential ethical challenges arising from them. In subsequent sections, these principles and related challenges are explored more extensively, illuminated with relevant case vignettes.
Psychotherapy in Old Age: Ethical Issues
Authors: Hughes Julian C. , Cheston Richard 
Published: November 2019

Abstract
Old age brings challenges which affect the process and content of psychotherapy; not that older people should be thought of as being the same, for they are individual. There are particular cohort effects and contexts that might affect the ways in which older people react to stressors in old age. Cognitive impairment and dementia will sometimes be a consideration. Good psychotherapeutic approaches to older people tend to reflect good ethical approaches. These can be described by the main ethical theories: utilitarianism, deontology, and virtue ethics. But a better and more nuanced way is perhaps to use ethical approaches that stress narrative, communication, interpretation, and meaning, as well as care and relationships. These approaches seem more realistic: they accommodate the real situation for the person concerned, recognizing him or her as a situated and embodied agent. This chapter uses vignettes to highlight the usefulness of these nuanced approaches to ethical problems.
Community Banking Institutions
Authors: Kim Dasol , McKillop Donal 
Published: November 2019

Abstract
Changes in the regulatory environment and technological advances have dramatically changed the competitive landscape for community banking institutions. While only accounting for a fraction of the overall size of the banking industry, community banks are predominant in numbers around the world for a broad range of depository institution types, including commercial banks, savings banks, cooperative banks, and credit unions. The steep decline in the number of community banks in recent times has attracted concern from policymakers, regulators, and academics, and has raised questions on the potential consequences associated with the gradual disappearance of these institutions. What contributed to the growth and resilience of community banks over the past century? Can they remain competitively viable in the current environment? This chapter surveys the literature and provides an institutional overview to understand the continued evolution of these institutions.
Can We Improve the Impact of Microfinance?
Authors: Lensink Robert , Bulte Erwin 
Published: November 2019

AbstractBy surveying the latest literature, this chapter aims to contribute to the recent discussion on the successes and failures of microfinance. We argue that the question “does microfinance work?” is neither important nor informative. What matters is knowing when, and in which conditions, microfinance works—and for whom. We claim that the answers to these questions depend on the details of the microcredit contract as well as on the range of services that microfinance institutions provide (including non-financial ones). We point at two important reasons why the impact of several microcredit programs is lower than expected: (1) the rigidness of credit contracts, and (2) the human capital of end-users. As reforming contract terms and building human capital via business training and technical assistance are costly, we argue that perhaps subsidies are needed. We focus on studies dealing with end-users, and pay specific attention to the evolving discussion on group lending and the role of joint liability to reduce asymmetric information problems and improve repayment rates. We also discuss the literature focusing on the recent shift of several microfinance institutions to individual lending, and the related trend toward commercialization of microfinance.
Residential Mortgages
Authors: Lehnert Andreas , Martin Alex 
Published: November 2019

AbstractThis chapter provides an overview of residential mortgages. Mortgages are loans to households secured by real property. Mortgage banking has historically comprised three functions: origination (the extension of credit), servicing (payment collection), and funding (financing the loans). When extending credit, lenders consider property value, leverage, the borrower’s payment-to-income ratio and the history of repaying debt. Laws regulating the seizure of the home affect the equilibrium provision of credit. Households choose how much to borrow, between fixed- and adjustable-rate mortgages, and an amortization schedule. After origination, households may refinance or default. Recent evidence supports the view that household default is driven by liquidity constraints rather than strategic considerations. Investors value mortgages like any other fixed income security with embedded options. Bank capital regulations seek to align regulatory capital with economic capital. Mortgage credit risk varies widely across mortgage types and is highly correlated with house prices. In several jurisdictions, residential mortgage underwriting standards can now be adjusted over time by the authorities as part of these jurisdictions’ macroprudential policy framework.
Shadow Banking
Authors: Adrian Tobias , Ashcraft Adam B. , Breuer Peter , Cetorelli Nicola 
Published: November 2019

Abstract
Financial innovation has transformed intermediation from a process involving a single financial institution to a chain of transactions broken down among several institutions. Following the Great Financial Crisis, financial intermediation has shifted significantly from banks to non-banks, providing credit in the “shadows” of the regulated banking system. This chapter offers a definition of shadow banking and explanations for its existence, as well as providing an overview of attempts to measure its size. It explains how shadow banking differs from other forms of non-bank intermediation, in particular market-based finance, and discusses why regulators and academics should care about it. Further, the chapter reviews efforts to strengthen supervision and regulation and discusses some policy challenges on the horizon in the context of case studies.
The Roles of Banks in Financial Systems
Authors: Allen Franklin , Carletti Elena , Gu Xian 
Published: November 2019

AbstractBanks perform various roles in the economy. First, they ameliorate the information problems between investors and borrowers by monitoring the latter and ensuring a proper use of the depositors’ funds. Second, they provide intertemporal smoothing of risk that cannot be diversified at a given point in time as well as insurance to depositors against unexpected consumption shocks. Because of the maturity mismatch between their assets and liabilities, however, banks are subject to the possibility of runs and systemic risk. Third, banks contribute to the growth of the economy. Fourth, they perform an important role in corporate governance. The relative importance of the different roles of banks varies substantially across countries and times but banks are always critical to the financial system.
Bank Bailouts and Bail-Ins
Authors: Roman Raluca A. 
Published: November 2019

Abstract
During the global financial crisis, governments bailed out banks when their failures threatened to undermine economic and financial stability. After the crisis, governments tried to end bailouts by raising capital requirements, increasing supervisory rules and oversight, and introducing bail-in provisions that require creditors and/or equity holders to assume losses and help recapitalize distressed banks. Some important policy questions are whether bailouts have been effective in meeting their primary goals and whether bail-ins as alternatives can be effective in reducing the need for bailouts and resolving financial institutions facing distress and failure going forward. This chapter surveys the recent literature and other evidence from the US and EU on bailouts and bail-ins to better understand their economic and social costs and benefits. We also discuss briefly other methods to deal with the resolution of distressed large financial institutions.
Competition in the Banking Sector
Authors: Degryse Hans , Morales-Acevedo Paola , Ongena Steven 
Published: November 2019

AbstractThis chapter merges recent findings from the empirical banking literature with conventional insights from work on banking competition and regulation. It first reviews and assesses the different methodological approaches pursued to address banking competition. While market structure indicators are easily computable, they may not be overly informative about the competitive conditions in banking markets. The literature now focuses on “non-market structure” indicators such as the Panzar-Rosse H-statistic, the (adjusted) Lerner index, or the Boone indicator. The chapter then structures the discussion on the empirical findings based upon a framework that finds its roots in the different theories of financial intermediation. Other approaches to infer banking competition are also discussed, in particular, the impact that regulation and information sharing between banks may have on banking competition.
Systemic Risk in Banking after the Great Financial Crisis
Authors: De Bandt Olivier , Hartmann Philipp 
Published: November 2019

AbstractIn this chapter we present a comprehensive review of systemic risk in banking, as the primary ingredient for understanding financial crises that have severe adverse effects on the macroeconomy (such as the Great Depression or the recent Great Financial Crisis). The first part of the chapter develops a conceptual framework that distinguishes three main forms of systemic risk: contagion, aggregate shocks, and the endogenous build-up and unraveling of widespread financial imbalances (such as credit booms leading to debt overhangs). Ex ante (preventive) policies, notably macroprudential regulation and supervision, and ex post (crisis management and resolution) policies to contain systemic risks and financial crises are also discussed. The second and third parts of the chapter review the existing theoretical and empirical literature about systemic risk, using the previously described conceptual framework and making reference to features of the systemic crisis that started in the summer of 2007.
Banking in the United States
Authors: DeYoung Robert 
Published: November 2019

Abstract
The past forty years has witnessed a near total transformation of the US banking industry, as well as a near total disaster. The bank regulatory framework established during the Great Depression was dismantled, new technologies revolutionized how banks produce and distribute financial services, and dramatic increases in competition have pressured banks to operate more efficiently. The population of commercial banks has been halved by a wave of acquisitions and the largest banks have increased ten-fold in size. A strategic dichotomy has emerged, with small ‘community’ banks providing person-to-person retail and small business banking services, and large commercial banks providing high-volume retail banking services in domestic markets and corporate and investment banking services around the world. These changes have brought great efficiencies to the banking industry and its customers, but have also introduced new instabilities to the system. A decade of historically high profits was followed by large investment losses and government bailouts during the financial crisis of 2008–9. A partial re-regulation of the industry has followed, and both bankers and policymakers seek to balance market efficiencies with financial stability as this dynamic industry moves further into the twenty-first century.
Banking in Europe
Authors: Goddard John , Molyneux Philip , Wilson John O. S. 
Published: November 2019

AbstractThis chapter focuses on the evolution of the banking industry in the European Union since the signing of the Treaty of Rome in 1957 to the present day. We provide an overview of developments in the regulation, financial integration, and the structure and performance of the European banking industry. A brief discussion of the global financial crises and their resultant impact on European banks together with coverage of the later Eurozone sovereign debt crisis is also presented, along with structural reforms, and the ongoing progress in creating a fully integrated banking and financial services industry throughout the Eurozone. A major challenge for the industry relates to restoring profitability back to pre-crises levels. At present, many banks remain encumbered by regulatory demands that, while helping their solvency, act as a drag on performance. Given the regulatory and economic environment under which European banks currently operate, their performance will be subdued for some time to come.
Corporate Complexity and Systemic Risk
Authors: Carmassi Jacopo , Herring Richard J. 
Published: November 2019

Abstract
This chapter updates and extends our earlier work on the corporate complexity of Global Systemically Important Banks (G-SIBs). The first edition of this chapter, which appeared in the Oxford Handbook of Banking, first edition, was based on data in 2007, documented a notable degree of complexity among most G-SIBs, and warned complexity could pose insuperable obstacles if an institution needed to be resolved, an issue then largely neglected. The Lehman Brothers bankruptcy highlighted these issues, stimulating ambitious initiatives to rationalize the corporate structure of G-SIBs and enhance their resolvability. The second edition, based on data through May 2013, found only mixed evidence of progress in reducing corporate complexity, and noted that some institutions had grown still larger and more complex. In the current edition, published a decade after the crisis, our measures of corporate complexity remain high. Apart from some improvements in the US disclosures, the corporate structures of G-SIBs remain quite opaque. If regulators are to achieve their goal of bolstering confidence in resolution procedures and enhancing market discipline, transparency must be enhanced.
The Performance of Financial Institutions Modeling, Evidence, and some Policy Implications
Authors: Hughes Joseph P. , Mester Loretta J. 
Published: November 2019

AbstractThe unique capital structure of commercial banking—funding production with demandable debt that participates in the economy’s payments system—affects various aspects of banking. It shapes commercial banks’ comparative advantage in providing financial products and services to informationally opaque customers, their ability to diversify credit and liquidity risk, and how they are regulated, including the need to obtain a charter to operate, and explicit and implicit federal guarantees of bank liabilities to reduce the probability of bank runs. These aspects of banking affect a bank’s choice of risk versus expected return, which, in turn, affects bank performance. Banks have an incentive to reduce risk to protect their valuable charters in periods of financial distress but also an incentive to increase risk to exploit the cost-of-funds subsidy of mispriced deposit insurance. The balance of these contrasting incentives is tied to bank size. Measuring bank performance and its relationship to size requires untangling cost and profit from decisions about risk. This chapter gives an overview of two general empirical approaches to measuring bank performance and discusses some of the applications of these approaches found in the literature. One application explains how better diversification available at a larger scale of operations generates scale economies that are obscured by higher levels of risk-taking. Studies of commercial banking cost that ignore endogenous risk-taking find little evidence of scale economies at the largest banks, while those that control for this risk-taking find large-scale economies at the largest banks—evidence with important implications for regulation.
Petitions, Parliament and Political Culture: Petitioning the House of Commons, 1780–1918*
Authors: Huzzey Richard , Miller Henry 
Published: November 2019

Abstract
This article analyses nearly one million petitions received by the House of Commons to reveal a culture of petitioning that recast the political culture of modern Britain and Ireland. It argues, first, that petitions provided a much more regular and continuous form of interaction between people and Parliament than elections. Second, petitioning–meaning the practices associated with the drafting, signing and presentation of petitions–enabled a vibrant, performative public politics. Third, petitions and petitioning were relatively open, inclusive forms of political participation since all British subjects enjoyed the formal right to petition. We examine the role of formidable campaigns of mass mobilisation, but also humble appeals of marginalised individuals. Our data has significant implications for our understanding of the nationalisation, organisation, and popularisation of politics in this period. We argue that attention to petitions helps us to decentre parliamentary elections as the principal connection between local and national politics. Indeed, petitioners responded to the shifting boundaries between the central and devolved state in deciding to which authorities they would direct petitions. Petitioning campaigns pioneered the mass, organised, national movements that would gradually emerge as the hallmark of stronger political parties. This did not undermine petitioning. However, the consequent growth of disciplined parties strengthened executive power, at the expense of parliamentary government, redirected petitions from the Commons. Furthermore, the continuing expansion of petitioning alongside extensions of the franchise suggests that petitions did not function as an ersatz ballot. Rather, petitions and debates between parliamentarians and petitioners over the meaning of growing lists of signatories suggest that petitioning catalysed a range of other forms of participation and hence forged an ever more popular politics.
Species Natures: A Critique of Neo-Aristotelian Ethics
Authors: Lewens Tim 
Published: November 2019

AbstractThis paper examines the neo-Aristotelian account of species natures as ‘life-forms’, which we owe to Philippa Foot, Michael Thompson and their defenders. I begin by developing two problems for their view: a problem of underdetermination and a problem generated by psychological work on ‘folk essentialism’. I move on to consider their important transcendental argument, which suggests that claims about life-forms are presupposed by all efforts to describe the organic world. In response, I sketch a neo-Kantian projectivist position, which agrees that life-forms are presupposed in these contexts, while denying that such life-forms are real. This position makes a better sense of the phenomena cited in support of the neo-Aristotelian view, while avoiding the problems raised for that view in the first half of this paper.