bluuebunny/crossref_metadata_2025_split huggingface dataset:
(Global) Constitutionalism and the Geopolitics of Knowledge
Authors: Schwöbel-Patel Christine 
Published: November 2020

Abstract
Is (global) constitutionalism epistemologically colonized? What does epistemic coloniality in (global) constitutionalism mean if one takes material conditions seriously? The point of departure of this chapter is what Walter Mignolo has called ‘the geopolitics of knowledge’: the observation that knowledge is situated within the particular geopolitical context from which it emerges and travels. It reveals not only epistemological origins but also the colonizing properties of ideas. In order to inquire into the geopolitics of the knowledge of global constitutionalism, the chapter first considers the coloniality of (domestic) constitutionalism and then sets out the influence of three generations of thinkers who aimed to globalize constitutionalism. The combination of intellectual history (drawing on Quinn Slobodian’s important work on the so-called ‘ordo-globalists’) and structural analysis (drawing on a Marxist tradition) is intended to provide an insight into the ingrained biases at the origins of (global) constitutionalism, and how these have travelled. These biases are shown to be central to inequalities that characterize the legal-institutional neoliberal order.
Transformative Constitutionalism
Authors: Werneck Arguelhes Diego 
Published: November 2020

Abstract
The Brazilian experience with a transformative constitution and an empowered constitutional court has so far been mixed. This chapter uses the case of Brazil to draw three sets of lessons. First, courts are part of the broader arrangement of government institutions which are shaped by elections over time; these dynamics may lead to mismatches between blueprints for constitutional transformation, over time and across different actors and institutions. In Brazil, such a mismatch initially led to the Supreme Court resisting the broad transformative mandate it had received in the new constitutional text. Second, a change in how courts describe their transformative mandate in their decisions is a poor measure of actual change in how they perform their role. Third, while judicial decisions might not be enough to transform existing patterns of inequality, they can still positively change the court’s standing before the public, in general, and scholars in particular. This scenario might lead courts to fashion an optical illusion: judges might choose cases with transformative potential and issue rulings requiring major, structural changes in the way the government deals with certain issues, only to refrain from following up on what happens after these decisions are taken. They reap the benefits of being associated with transformative discourse and move on to the next issue, leaving the status quo largely undisturbed. For these reasons, while the Brazilian experiment with transformative constitutionalism has not necessarily been unsuccessful, it should not be read as a success case of ‘court-centric’ approach to transformative constitutionalism when it comes to social rights and material inequality.
Socio-Economic Rights and Expanding Access to Justice in South Africa
Authors: Bilchitz David 
Published: November 2020

Abstract
A key dimension of transformative constitutionalism has been the inclusion of justiciable socio-economic rights in Constitutions of the Global South. Yet, to ensure these rights are enforceable, it is necessary to consider whether individuals in these societies can gain access to justice. This chapter first offers a theoretical conception of access to justice as a capability which has two dimensions: an internal dimension relating to the empowerment of individuals to make such claims, and an external dimension relating to the design and availability of institutional mechanisms that are set up to hear these claims and adjudicate upon them. This theoretical perspective is then applied to one particular context to attain the required depth—namely, that of South Africa. The main institutional architecture of the South African democratic constitutional order relating to access to justice is outlined and the shortcomings thereof highlighted. The chapter attempts to provide concrete solutions to these problems as well as possible policy recommendations to enhance access to justice—some of these are drawn from the comparative experience of other Global South countries such as Colombia and India. Ultimately, the chapter links theory and practice: it utilizes a theoretical perspective to generate practical recommendations for enhancing access to justice for all in South Africa.
Inequality and the Constitution
Authors: Gargarella Roberto 
Published: November 2020

Abstract
In Latin America, legal scholars interested in social change seem to be obsessed with rights. Consequently, they tend to devote most of their intellectual energies to imagining new rights to be included in the new Constitutions; to finding new arguments for the judicial enforcement of social rights; and to suggesting new and alternative judicial remedies and responses, directed at implementing those social and human rights, both at the national and international level. Preoccupied with the inclusion of new rights into the Constitution, they forget about the importance of changing the rest of the constitutional document accordingly, so as to facilitate the political enforcement of those new rights. This chapter examines three different responses to the social conflicts generated by situations of profound political and economic inequalities in the region, and tries to draw some lessons from those different legal traditions, in order to improve our understanding about equality, social rights, and the Constitution.
The Challenge of Transforming Mexican Authoritarian Constitutionalism
Authors: Ortega Roberto Niembro 
Published: November 2020

Abstract
In 2018 Mexicans chose the most profound political change since the transition to democracy. The alternation between political parties in the presidency and the two houses of Congress has meant a change of regime in which a social transformation is announced. The starting point to outlining a constitutional transformation is not a trivial matter, because the proposed change concerns the existing situation. This chapter proposes Roberto Niembro Ortega’s understanding of authoritarian constitutionalism according to the Mexican reality between 2012 and 2018. Its purpose is to understand the sort of authoritarian constitutionalism that existed in those years in Mexico as a starting point to begin a constitutional transformation.
Conservative Liberalism as a Disciplinary Revolution
Authors: Dyson Kenneth 
Published: November 2020

Abstract
This chapter examines economic and monetary discipline. It notes that conservative liberals accorded great importance to law as the source of discipline, as exemplified by Franz Böhm, Louis Brandeis, and Maurice Hauriou. The chapter considers discipline in the history of liberalism, noting that it is not the exclusive property of conservative liberalism—though it is its predominant characteristic. It considers the social, economic, and political functions of rules, notably the work of Friedrich Hayek; the Currency and Banking Schools; the difficulties that arise in the choice, design, and use of rules; the reinforcement provided by credibility and time-consistency literature since the 1970s; the legitimacy and accountability problems of unelected power; the question of when discipline becomes the enemy of democracy and liberty; and the respective roles of the state and the market as sources of destabilizing shocks. The chapter stresses the rich and revealing use of metaphor by conservative liberals: their rejection of engineering metaphors for those of gardening, architecture, health and medicine, and religion. Ordo-liberalism is characterized as an open-ended tradition, with internal fragmentation and porous boundaries, its membership including migrants as well as natives. The notion of a mainstream is defined by a social process of selecting key texts as essential references and citations.
Ordo-Liberalism as Tradition, Ideology, and Model of Citizenship: Memorializing, Reinventing, Forgetting
Authors: Dyson Kenneth 
Published: November 2020

Abstract
This chapter examines the complex processes of memorialization, reinvention, and forgetting that have characterized the Ordo-liberal tradition; the role of the Freiburg School; the selection of certain aspects of political economy and of certain thinkers and texts; and the distinctive focusing illusions that have followed. It also looks at how its identity has been shaped by its ideological makeup and its model of citizenship. The picture that emerges is of a tradition whose core characteristics can be defined but whose boundaries are difficult to fix. Part of the problem is its ideological hybridity as both conservative and liberal. The chapter looks at the dual nature of the Ordo-liberal tradition as explicit and formalized knowledge and as tacit and common-sense knowledge (William Sorley). In the first sense it is characterized by academic power structures, notably in economics and law, and canonical texts, and by the effects of generational change on these structures. In the second sense, Ordo-liberalism is bound up with administrative cultures and the extent to which they are rule-bound and receptive. The chapter then considers two other aspects of the Ordo-liberal tradition: as ideal type (Eucken) and more loosely as family resemblance (Ludwig Wittgenstein); and as authentic and invented tradition (Eric Hobsbawm), distinguishing Freiburg 1, 2, and 3. Finally, the chapter identifies the Ordo-liberal model of citizenship as based on safeguarding the morally responsible individual: the wise consumer, the thrifty saver, and the responsible creditor. It condemns feckless and profligate behaviour, notably of debtors. This model is subjected to critique.
The Basics of Generative Grammars
Authors: Rey Georges 
Published: November 2020

Abstract
This chapter offers explanations of some basic technical terms, and a sketch of the historical developments and continuity of Chomskyan theories: the early formal presentations; the 1965 Aspects model; issues about generative semantics, “Autonomy of Syntax” and what I call “teleotyranny”; the Principles and Parameters model; the Minimalist Program; and Chomsky’s “Third Factor” neural and evolutionary speculations. All of these developments should be regarded as they were always intended, not as finished theories, but as the development of increasingly deep and rich strategies for explaining the crucial data. The chapter concludes with two relatively simple, representative explanations: the constraints on negative polarity items (NPIs) and on binding.
Grades of Nativism
Authors: Rey Georges 
Published: November 2020

Abstract
I argue that, contrary to widespread presumptions, grammar is both innate and learned: for a Chomskyan, it is simply not constructed from experience. It is a separate question whether linguistic competence is achieved by some rational process of “learning.” But there are grades of innateness, corresponding to different, increasingly severe problems noted by various philosophers: from Plato’s observations about geometry, to Goodman’s constraints on “projectible” predicates; to Leibniz’s problem about modality and (ironically enough) Quine’s about the limits of a behavioral psychology. I argue that it is only the last two that significantly distinguish “general statistical learning” and “functional-constructivist” processes from what I call the “quasi-brute” causal ones proposed by Chomskyans, whereby the principles are not represented by children’s experience, even though the grammatical properties are.
Linguo-Semantics
Authors: Rey Georges 
Published: November 2020

Abstract
Intentionality figures in a semantics both of natural language (a linguo-semantics), to be discussed in this chapter, and of mental states(a psycho-semantics), to be discussed in the next. Both forms have been thought to be challenged by Quine’s attacks on the analytic/synthetic distinction. I argue that these attacks are not as serious as has been supposed; only the explanatory one deserves careful attention, and it is addressed by a proposal Jerry Fodor raised against a challenge of his own, the “disjunction problem.” This chapter defends a modest version of Fodor’s proposal and a related one of Paul Horwich’s, called here “BasicAsymmetries,” and show how it offers a promising strategy for replying to all that is genuinely worrisome in Quine’s and Fodor’s challenges, especially in the context of Chomskyan proposals about a linguo-semantics. The chapter concludes with further resistance to an anti-realism that Chomsky associates with his semantics.
Introduction
Authors: Cressy David 
Published: November 2020

Abstract
The Introduction locates major islands in the seas around England and indicates how their relationships to the rest of the kingdom reflected legacies of history, jurisdictional peculiarities. constitutional arrangements, foreign wars, and commerce. It previews island involvement in the stresses and struggles of English history associated with state formation, Reformation, Revolution, Restoration, and modernity. The Channel Islands, the Isles of Scilly, the Isle of Wight, the Isle of Man and other offshore territories were difficult to administer and sometimes prone to neglect. Yet their strategic positions gave them value and importance that far outweighed their size. Though English governments saw the islands as appurtenances or dependencies of the state, the islanders more often regarded their homes as privileged places.
Island Anomalies
Authors: Cressy David 
Published: November 2020

Abstract
This chapter considers the geographical conditions and jurisdictional arrangements that made English islands hard to govern. It examines the tension between concerns of central authority and insular assertions of privilege and exemption. The Isle of Man, with its Gaelic roots and Viking heritage, had claims to be an independent kingdom ruled by the earls of Derby. The Isles of Scilly were part of Cornwall, the Isle of Wight was politically attached to Hampshire, and Anglesey was a county of Wales, yet each behaved as if it were partly autonomous. Aristocratic proprietors such as the Stanleys, the Godolphins, the Oglanders, and the Bulkeleys vied for dominance with the central government and with island populations
Island Economies
Authors: Cressy David 
Published: November 2020

Abstract
This chapter reviews the material foundations of island life in agriculture, commerce, fishing, and foraging, amid the perils of offshore isolation. Island economies were predominantly maritime, yet every island featured farming, either for subsistence or for the market. Channel Islanders grew apples for cider and experimented with tobacco. On Scilly they were lucky to grow oats and run sheep. Inter-island trade linked the Irish Sea to the Channel, with extensions across northern Europe and the Atlantic. Among the goods traded were stockings knitted in Jersey and Guernsey, mainly from English wool. Piracy and smuggling were economic enterprises too, with volatile profits and high degrees of hazard. So too was the harvest of maritime wrecks, which provided windfall enrichment to coastal residents and island officials.
Fortress Islands
Authors: Cressy David 
Published: November 2020

Abstract
This chapter traces the military history of England’s islands from Elizabethan times to the civil war. It considers the vulnerability of the islands to foreign invasion and their utility as bases of English power. Fortifications were regularly strengthened in times of threat and suffered neglect in intervals of peace. Militarized islands had garrison economies, with substantial investment from London. This chapter examines the shifting deployment of ordnance and soldiery, the condition of castles and garrisons, and their role in England’s wars. Some of the jurisdictional issues addressed in earlier chapters had implications for national security, as island governors marshalled forces and braced for attack.
Interregnum Assets
Authors: Cressy David 
Published: November 2020

Abstract
This chapter examines the garrison governments that managed most islands during the 1650s, following parliament’s victory in the English civil war. Customary constitutional arrangements were overridden, and island culture became both anglicized and militarized, as the revolutionary state sought to incorporate the periphery into a national administration. While giving lip service to local traditions of law and governance, the republican regime in London appointed English army officers to rule the islands. The new military governors had limited tolerance for insular peculiarities, which nonetheless survived their administrations. Island constitutional issues, as always, were shaded with ideological preference and laced with self-interest, as inhabitants of Jersey, Guernsey, the Isles of Scilly, the Isle of Wight, and the Isle of Man sparred with their masters in London.
Puritan Martyrs in Island Prisons
Authors: Cressy David 
Published: November 2020

Abstract
This chapter examined the material conditions and spiritual responses of the first victims of island incarceration in the reign of Charles I. When the state imprisoned the lawyer William Prynne on Jersey, the minister Henry Burton on Guernsey, and the physician John Bastwick in the Isles of Scilly for the crime of seditious libel, it raised their profile as ‘puritan martyrs’ and pioneered a new kind of political detention. Their experience shed new light on London’s use of its island facilities. Bastwick’s isolation was most acute, but Burton and Prynne found means to write during three years of punitive exile, while family members lobbied on the prisoners’ behalf.
The Restoration Prison Archipelago
Authors: Cressy David 
Published: November 2020

Abstract
This chapter examines the offshore confinement of radical republicans and others who threatened the restored monarchy of Charles II. It shows how Cromwellian officers, reprieved regicides, and other so-called fanatics were imprisoned in military facilities on Jersey, Guernsey, the Isles of Scilly, the Isle of Wight, Holy Island, and the small island of St Nicholas in Plymouth Sound. This chapter views the archipelago of confinement through the dealings of prisoners and their families, keepers, and authorities, paying particular attention to the experience of Major General John Lambert, who endured twenty-four years of post-Restoration island captivity. The writ of habeas corpus had limited application on remote island before the 1680s.
Māyā in the Bhāgavata Purāṇa
Authors: Gupta Gopal K. 
Published: November 2020

Abstract
The idea of māyā pervades Indian philosophy: it is complex, multivalent, and foundational, with its oldest referents found in the Ṛg -veda. This book explores māyā’s rich conceptual history, and then focuses on the highly developed theology of māyā found in the Sanskrit Bhāgavata Purāṇa, one of the most important Hindu sacred texts. Gopal K. Gupta examines māyā’s role in the Bhāgavata’s narratives, paying special attention to māyā’s relationship with other key concepts in the text, such as human suffering (duḥkha), devotion (bhakti), and divine play (līlā). In the Bhāgavata, māyā is often identified as the divine feminine, and her scope and influence are far-reaching—māyā is the world and the means by which God creates the world, she is the power that deludes living beings and ensorcells them in the phenomenal world, and she is the facilitator of God’s play, paradoxically revealing him to his devotees by concealing his majesty. While Vedānta philosophy typically sees māyā as a negative force, the Bhāgavata affirms that māyā also has a positive role, for in both the conditioned and liberated states, māyā is meant to ultimately draw living beings toward Kṛṣṇa and intensify their love for him.
Māyā’s Relation to the Temporal Realm
Authors: Gupta Gopal K. 
Published: November 2020

Abstract
This chapter shows how māyā, on behalf of Kṛṣṇa, makes manifest all the ingredients of creation, and, through a sequential series of developments, forms those ingredients into a plurality of universes, bodies, and minds, known as the temporal (phenomenal) realm. It specifically explores māyā’s relation to material creation, concentrating on the Bhāgavata’s Sāṁkhya account of the manner in which māyā transforms into the various elements of the temporal realm. In the course of this examination, we will attempt to compare the Bhāgavata’s Sāṁkhya system to that of classical Sāṁkhya, specifically with regard to such standard Sāṁkhya categories as puruṣa (the individual self), prakṛti (the physical world), ahaṁkāra (false identification), the guṇas (qualitative energies), the twenty-three elements, and so on.
Commerce after Money
Authors: Stewart Dustin D. 
Published: November 2020

Abstract
This chapter addresses the extractive logic of the poet Edward Young. It shows how his late masterpiece Night Thoughts at once extends and complicates the imperialism of his earlier work. At the heart of the analysis is Young’s notion that movement somehow generates depth, so that the mobility of a gold coin produces inner value, immaterial worth ready to be drawn out by its user. The treasure, on Young’s strange view, lies within the gold. Night Thoughts applies this thinking to the spiritual realm. Instead of assuming that it is God who extracts souls from bodies—as workers remove ore from mines—the poem suggests that souls can extract themselves from materiality through religious and poetic inspiration. Then they can delve into the interiorities of other angelic beings and exchange thoughts and feelings with them. Closing the chapter are a comparison to Charles Johnstone’s popular it-narrative Chrysal (1760–5) and a reading of Ignatius Sancho’s gushing praise for Night Thoughts.
Creation after Reproduction
Authors: Stewart Dustin D. 
Published: November 2020

Abstract
This chapter locates Mark Akenside at a point where counter-materialist theology and poetic theory weirdly converge with speculative embryology. The poet and physician held that human beings break into a new category of existence as they advance to an immaterial state, but normal sexual reproduction extends material life as it is. According to Akenside’s MD dissertation, God and the mother do all the work in the latter process and sperm have no functional role to play. His poetry compensates for this picture of men alienated from reproductive futurity, the chapter argues, by assigning certain male poets a power that was often (and notoriously) seen as maternal: they can impress their imaginations on the bodies and minds of other people and so steer humanity toward a different kind of future. The chapter culminates in an extended comparison to Erasmus Darwin, another poet-physician trained in embryology and, as it happens, another rare theorist of the power of paternal impressions.
Interlude
Authors: Stewart Dustin D. 
Published: November 2020

Abstract
The book as a whole emphasizes a productive discontinuity between various eighteenth-century poets and both their Miltonic sources and their Romantic successors. Two interludes, however, qualify this picture by showing how a mortalist poetics, shared by the late Milton and some early Romantic writers, persisted in between the two in certain quarters of Enlightenment England. The second interlude interprets Thomas Gray’s Elegy Written in a Country Churchyard (1751), still perhaps the eighteenth century’s most famous poem, alongside William Cowper’s Sapphic lyric “Hatred and Vengeance, My Eternal Portion” (1774). While Gray’s elegy presents a disembodied heaven as no freer or happier than a common burial site, and worse for being more isolated, Cowper’s bleak poem imagines that hell offers his soul a kind of protection that he lacks during his embodied life on the earth’s surface.