bluuebunny/crossref_metadata_2025_split huggingface dataset:
“Acting Directly on the People”
Authors: Schwartz David S. 
Published: October 2019

Abstract
Post–Civil War nationalism meant a partial but significant reversion to prewar constitutionalism, recognizing federal legislative authority over “every foot of American soil” and implementing the antebellum Whig-nationalist economic agenda, but allowing states to retain, or regain control over race relations. The Supreme Court upheld the constitutionality of internal improvements, but declined to embrace implied commerce powers, suggesting instead (as in Gibbons v. Ogden) that the question involved the definition of interstate commerce as an enumerated power. The Court seemed to want to confine McCulloch v. Maryland to taxation, banking, and currency matters. The Legal Tender Cases, which relied on McCulloch to uphold the federal power to issue paper money, were a watershed in the history of implied powers, and were recognized as such at the time by many commentators. Yet the Supreme Court over the ensuing decade and a half seemed unwilling to follow through on McCulloch’s full implications.
“Withholding the Most Appropriate Means”
Authors: Schwartz David S. 
Published: October 2019

Abstract
`The New Deal judicial crisis arose from the Supreme Court’s continued refusal to recognize implied commerce powers by applying McCulloch v. Maryland to the Commerce Clause. Carter v. Carter Coal Co. (1936) asserted that “[i]n exercising the authority conferred by [the Commerce Clause], Congress is powerless to regulate anything which is not commerce.” Liberal New Dealers argued for the Constitution’s capability to sustain unprecedented federal legislative programs, but believed that dramatic change had to be accommodated within the existing Constitution without new amendments. New Dealers did not deploy McCulloch either as a precedent for broad implied commerce powers or for a principle of judicial restraint. They argued that the Court’s anti–New Deal decisions were historical aberrations that departed from McCulloch’s teaching that the Constitution had to be adapted to national crises. By 1936, McCulloch had become a canonical case, but both liberals and conservatives argued that McCulloch supported their side.
The Jeju April 3 Peace Park
Authors: Choi Suhi 
Published: October 2019

Abstract
The Jeju April 3 Peace Park was built in 2008 to commemorate the South Korean state’s atrocities toward civilians on Jeju Island before and during the Korean War. Situated in the distinctive local context of remembering, the park reveals its unique ability to manifest long-suppressed trauma through the meanings of both indigenous spirituality and materiality. A national commemorative event has activated the park even further to become a liberating theater of mourning for suppressed mourners. While it inevitably embraces the conventional aesthetics and rituals of the official commemoration, the park simultaneously facilitates the empathic recollection of the tragic event at the uncanny moments of symbolic work that have been mediated through such uncustomary media as mourners’ bodies, improvised props, and local dialects.
Civilianizing the Objectives of the Planners
Authors: Kontorovich Vladimir 
Published: October 2019

Abstract
Simple omission is not the only anomaly in Sovietology’s treatment of military-economic matters. Another is civilianization, the peaceful reinterpretation of the features of the economy that the Soviets themselves revealed to be of military significance. This chapter focuses on the objectives of the planners, the most important actors in the Soviet economy. The objectives of planning, as described by Soviet sources, are the same as those of rulers elsewhere: building up military might and popular wellbeing, with growth as the means for achieving those. The standard Sovietological view holds growth for its own sake to be the supreme objective of the Soviet rulers. Yet such an objective is incompatible with the evidence of actual economic policies pursued throughout the plan era.
Introduction
Authors: Freidenfelds Lara 
Published: October 2019

Abstract
Miscarriage is a common phenomenon and a natural part of healthy women’s childbearing: about 20 percent of pregnancies spontaneously miscarry, mostly in the early months of gestation. In the past, early miscarriages were generally taken in stride as long as a woman eventually had the family she wanted. Today they are often mourned as the loss of a child. Diverse social, cultural, medical, and technological changes of the past 250 years have reshaped pregnancy experiences in America, misleading couples into expecting perfect pregnancies and provoking great distress when pregnancies fail.
Bonding with the Baby
Authors: Freidenfelds Lara 
Published: October 2019

Abstract
Over the course of the nineteenth century and into the twentieth, parents gradually focused less on the patriarchal, religious, and economic duties and benefits of parenthood and more on developing loving relationships with children. This change in sentiment took place before modern medicine and public health would seem to justify it. Infants continued to perish at appalling rates even as parents came to mourn their losses with more evident anguish and less fatalistic resignation. Public health and medicine finally caught up during the twentieth century, as infant mortality rates decreased substantially. Over the generations, traditional economic and religious justifications for parenting diminished, and parents focused increasingly on their emotional relationship with their children. In the late twentieth and twenty-first century, the emotional focus of parenting continued to intensify. It also expanded into the months before birth, where it would clash with the biological reality of frequent early pregnancy loss.
Taking Care of the Baby
Authors: Freidenfelds Lara 
Published: October 2019

Abstract
Beginning in the early nineteenth century, as Americans began to emphasize mothers’ roles in nurturing and raising children rather than conceiving and bearing them, pregnancy was increasingly regarded as burdensome, dangerous, and potentially worthy of medical attention. In the late nineteenth century medical advice writers began to give women elaborate instructions for caring for their future children in utero and using scientific images of embryos and fetuses to urge women to appreciate and value the developing child. The instructions and the embryonic images became standard features of modern prenatal care. Over the course of the twentieth and early twenty-first centuries, instructions to pregnant women across a range of media, including websites and pregnancy apps, became increasingly elaborate and guilt inducing, at the same time that a stream of embryonic images urged maternal bonding as a way to encourage women to feel responsible for their future children’s well-being.
Buying for the Baby
Authors: Freidenfelds Lara 
Published: October 2019

Abstract
During the nineteenth century Americans increasingly bought rather than made their material possessions, and in the early twentieth century a robust market for baby and children’s goods emerged, via department stores and mail order catalogs such as the Sears catalog. In the mid-twentieth century marketers grew increasingly sophisticated and increasingly regarded expectant parents as a lucrative market, heeding the advice of market researchers such as Ernest Dichter. By the early twenty-first-century marketers could purchase first-trimester marketing lists reaped from online due date predictors, and a great deal of advertising was aimed at pregnant women at an early stage of pregnancy, when miscarriage is likely.
Imagining the Baby
Authors: Freidenfelds Lara 
Published: October 2019

Abstract
Since the 1960s, public debates about abortion have powerfully shaped how Americans think about pregnancy and miscarriage. Activists have staked out “pro-life” and “pro-choice” positions, neither of which provides comfort to a woman who has chosen to become pregnant but then miscarries the pregnancy. Pro-life activists have argued that embryos are babies from conception, and when they are lost, deserve to be mourned as such, and miscarriage support literature often draws upon pro-life language and imagery. The reality of frequent early miscarriages has been little recognized in the abortion debates.
Detecting the Baby
Authors: Freidenfelds Lara 
Published: October 2019

Abstract
In the nineteenth century, physicians developed new ways to detect pregnancy, as they sought visible and palpable pregnancy signs that allowed a physician to make a diagnosis independent of a woman’s testimony about her symptoms. In the twentieth century demand for pregnancy diagnosis increased as more women sought formal prenatal care and took on new responsibilities for self-care during pregnancy. The first pregnancy lab test was introduced in 1927 and improved over the decades, and a home pregnancy test reached the American market in 1978. Since then, the tests, which measure human chorionic gonadotrophin (hCG) in maternal urine, have become a ubiquitous part of planned pregnancies, and have gotten increasingly sensitive. This means that women increasingly use them to detect very early pregnancies, many of which are not viable.
Conclusion
Authors: Freidenfelds Lara 
Published: October 2019

Abstract
There are a number of possible reforms that could improve pregnancy experiences and make miscarriages less distressing. These reforms include rethinking childbearing metaphors that have emerged out of the history described in this book, and pushing back on marketers, public health advocates, parenting experts, anti-abortion activists, and others who encourage expectant parents to become attached to pregnancies in their early weeks, while the chance of miscarriage is high. This conclusion proposes that accepting the inevitable imperfections of childbearing, including miscarriages, makes room for parents to appreciate the benefits of modern childbearing culture that have emerged from the historical shifts of the past 250 years.
Augustus as Magpie
Authors: Morrell Kit 
Published: October 2019

Abstract
This chapter examines some instances where Augustan initiatives seem to have adapted or continued republican reforms and experiments. A well-known example is Augustus’ “revival” of the lex Pompeia de provinciis of 52, which required a five-year interval between civic magistracy and provincial command. This measure tends to be interpreted as a means of securing Augustus’ power while maintaining a veil of republicanism; this chapter argues that it shared the purpose as well as the mechanism of its Pompeian predecessor, namely to combat corruption in Rome and the provinces. Other examples, including changes to judiciary procedure, anti-bribery measures, and arrangements for the oversight of the treasury, suggest that Augustus took inspiration not only from Pompeius Magnus but even from the younger Cato. Recognizing these connections between republican and Augustan initiatives sheds light both on the continuities between Republic and principate, and on the aims and achievements of republican reformers.
Hopes and Aspirations
Authors: Cowan Eleanor 
Published: October 2019

Abstract
This chapter concentrates on the idea of alternatives by examining the negotiations between Imperator Caesar and his community that took place in 28–27 bce in the wake of his return to Rome after the battles at Actium and Alexandria. It focuses particularly on the proclamation of a restoration of leges et iura in 28 bce and the relationship between this claim and a potential subsequent claim that res publica had been restored. The publication by Rich and Williams (1999) of an important aureus drew attention to the prevalence of the expression leges et iura in the literature of these and the preceding years. This chapter sets out the current state of scholarly thinking about these issues. It also explores the ramifications of some alternative readings of the well-known evidence for the experimentation with the phrase res publica that took place during the lifetimes of Augustus and Tiberius.
The Popular Reception of Augustus and the Self-Infantilization of Rome’s Citizenry
Authors: Hillard Tom 
Published: October 2019

Abstract
Suetonius reports that the acclamation of Augustus as pater patriae in 2 bce was popular—and widespread. It was desired by all (universi). He then registers the different sectors of the community that persisted in pushing this honor upon the princeps, from the Plebs to the ordo senatorius. Epigraphic evidence (as well as Ovid) adds the ordo equester. Suetonius also emphasizes the spontaneity of the moment, although Augustus had for a long time been awarded the title unofficially. This chapter contemplates the serious ramifications of a Roman citizen hailing another as “Father,” given the extraordinary aspects of Roman fatherhood. It explores the extent to which the language of infancy and youth was the language of diminution and even servitude. Assuredly the gesture in 2 bce was in a large degree symbolic, but the gravity of the symbolism must not be underestimated. It represented a certain abjuration of autonomy.
Causation vs. Background Events
Authors: Fletcher George P. 
Published: October 2019

Abstract
This chapter examines the problem of causation. An intelligent approach to drafting a criminal code deliberately avoids certain problematic philosophical issues. Among these are the nature of human action; the purposes of punishment; and, most importantly, the problem of causation. The problem of causation runs through the crimes defined by the Rome Statute. The issue is implicit, even if the drafter wisely declined to define the concept. It is obvious that a concern for impunidad and the fate of victims presuppose the harm that has occurred to a defined victim, which implies that the harm must have been caused by the crimes defined by the Rome Statute. The chapter then considers the notion of causal energy, which explains the rise of comparative negligence in tort law.
Victims and Offenders
Authors: Fletcher George P. 
Published: October 2019

Abstract
This chapter assesses the role of victims and offenders in criminal cases. The victim is invisible in the definition of crime but omnipresent in the prosecution and sentencing of offenders. In the international legal order, in particular, the victim is front and center, both in the International Criminal Court (ICC) and in lawsuits under the Alien Torts Claim Act. Crime is typically defined by the actions of the offender, and the victim is an incidental consequence. There are many victimless crimes, such as those in the sexual and reproductive arena, which in the United States at least are no longer subject to prosecution on constitutional grounds. The argument for decriminalization is the privacy of the offender, but privacy of the victim can, paradoxically, become an argument for criminalization under the right to a private life codified in the European Convention on Human Rights. The chapter also looks at the duality of victimhood.
Perpetration and Complicity
Authors: Fletcher George P. 
Published: October 2019

Abstract
This chapter examines the concept of complicity. The basic question is whether complicity is a crime in and of itself or a way of assisting another person to commit a crime. On the whole, the idea of complicity in the actions of another has become a standard part of modern legal and moral thought. One no longer thinks of individuals acting solely on their own account but of groups of people interacting in order to produce a crime of shared responsibility. This is particularly true in the crimes of genocide, aggression, and crimes against humanity. As for holding individual actors accountable, as Article 25 of the Rome Statute attempts to do, it would make sense to hold each liable for their causal role in the crime. That is, complicity should be seen not as a crime in itself but as a contribution to the crime of another.
Convenient Narratives
Authors: Mukherjee Anit 
Published: October 2019

Abstract
This chapter explains the historical evolution of civil–military relations in India. While doing so, it focuses on leadership style and civil–military relations under five wartime prime ministers—Jawaharlal Nehru, Lal Bahadur Shastri, Indira Gandhi, Rajiv Gandhi, and Atal Bihari Vajpayee. Together, they were at the helm of affairs for almost five decades after independence and significantly influenced the narrative on civil–military relations. Relying on archival sources, it sheds new light especially on events preceding the 1962 border war with China. It highlights variance in the pattern of civil–military relations under these leaders that, in turn, shaped military effectiveness. Next, the chapter focuses on an essential element shaping civil–military relations—the interaction between civilian bureaucrats and military officers.
The Best of Intentions
Authors: Mukherjee Anit 
Published: October 2019

Abstract
This chapter examines defense planning in the Indian military. It begins with a conceptual discussion on the role of civilians in defense planning, mainly by examining the experience of other democracies. Next, it describes the history of defense planning in India, focusing on the formulation and implementation of five-year defense plans. There are three main arguments in this chapter. First, effective defense planning requires a close partnership between civilians and the military. Second, defense planning in India is marked by a lack of civilian guidance and institutional discordance, creating friction in civil–military relations. To an extent, this is because of a lack of expertise, on the part of civilians, and an institutional design that creates strong civil–military silos. Third, notwithstanding the above, there have been periodic attempts at reforming defense-planning structures. Progress has been achieved in some sectors, but much remains to be done.
Tumultuous Times
Authors: Mukherjee Anit 
Published: October 2019

Abstract
This chapter discusses contemporary civil–military relations in India, engaging with, and occasionally refuting, a number of narratives. It begins with an overview of four main controversies—the dispute about withdrawal of troops from the Siachen glacier, the contrasting views over the Armed Forces Special Powers Act (AFSPA), the tenure of General V. K. Singh (chief of army staff from 2010 to 2012), and issues arising from pay commission reports and the equivalence between civilians and the military. These issues highlight the overall theme of this book—that there is considerable distrust and tension between civilians and the military. Next, it briefly discusses civil–military relations under the Modi government. Thereafter, it examines the issue of defense reforms, considered by many as a panacea to overcoming these difficulties. This is followed by an analysis of the divergence in the positions typically taken across all three levels—political, bureaucratic, and the military leaders.
Metaphysical Preliminaries
Authors: Hoefer Carl 
Published: October 2019

Abstract
The book argues that objective chance facts are grounded on the existence of patterns in the events found in our world’s Humean Mosaic (HM); and the chance facts so grounded will later be seen to be apt for guiding rational credences (subjective probabilities) in the way captured by the Principal Principle (PP). But what is this HM? What does it contain, and what does it leave out? What understanding of time is presupposed? The rest of the chapter discusses the idea of considering objective chance facts to be primitives of some sort, as most propensity views hold, or to be based on primitively (irreducibly) chancy laws of nature. After an extended attempt to explore what it could mean to postulate primitive chances or chancy laws, it is argued that no acceptable answer can be given. A tacit invocation of PP helps explain why philosophers often think they understand the meaning of primitive chance claims. The invocation of the PP is illegitimate, though, because there is no way to show that a bare primitive posit deserves to guide credence in the way captured by PP.
From Lewisian Chance to Humean Chance
Authors: Hoefer Carl 
Published: October 2019

Abstract
This chapter introduces David Lewis’ highly influential views on objective chance, from his 1980 treatment of objective chance and the Principal Principle (PP) to his 1994 Humean Best System analysis of chance. Some unfortunate consequences of Lewis’ theory are discussed: (1) if the Best System of laws for the world has no probabilistic laws in it, then there are no objective chances in the world. (2) Physical determinism is incompatible with non-trivial objective chances. (3) Events in the past are “no longer chancy.” It is argued that a good account of chance can and should reject all three of these consequences. But two pillars of Lewis’ approach remain valid. First, his contention that the ability to demonstrably play the chance role captured by the PP is crucial for any account of the nature of objective chance. And second, his intuition that a Best System approach in which chance facts supervene on patterns in the Humean Mosaic is a promising approach vis-à-vis allowing such a demonstrable grounding of the PP.
Undermining
Authors: Hoefer Carl 
Published: October 2019

Abstract
The problem of undermining is an apparent contradiction that arises when Humean chances and the Principal Principle come together. This chapter gives a full discussion of, and resolution of, the undermining/contradiction problem for Humean chance. First, the problem is laid out and earlier attempts to resolve it are shown to be insufficient. It is then argued that the correct way to overcome the undermining problem is via a revised form of the Lewis-Hall response, which involves making a small amendment to the Principal Principle (PP) itself. The amendment is seen to be simpler and better justified than the one Lewis and Hall suggested. The modified version of the PP can be seen to be essentially identical, in all practical scenarios, to the original PP.
Macro-Level and Micro-Level Chances
Authors: Hoefer Carl 
Published: October 2019

Abstract
This chapter discusses conceptual problems that may arise if we think of the Best System as giving us two (potentially) different chances for the same macroscopic event: one that arises by mathematical entailment out of chancy microphysics, and a second one that is in the system because it supervenes directly on the pattern of events at the macro level. Given the pragmatic approach of HOC, such dual-chance-value situations could exist, though there are formidable conceptual difficulties about how to derive probabilities for macroscopic event-types from micro-level chance laws. It is argued that if such dual-value situations exist in the Best System, one would have reason to apply PP to the macro-level chance rules, but not to the micro-derived chances. The discussion reveals a heretofore hidden limitation of both HOCs themselves, and the validity of the arguments from chapter 4 justifying PP. But the limitation is of no practical consequence.
Chance and Causation
Authors: Hoefer Carl 
Published: October 2019

Abstract
Causality and objective probability are often linked. Some philosophers have tried to characterize objectively chancy setups as incomplete, partial causes of the various possible outcomes the setup may yield. Other philosophers have proposed probabilistic theories of causation, defining a cause c for an effect e as a factor whose presence raises the objective probability of e. Neither of these links is, overall, defensible. Nonetheless, it is clear that there is some link between causation and probability, as is shown with a simple vignette. Analyzing the vignette shows that one should link causation with subjective probability. It is proposed that the strongest general principle that links causation and probability is a Cause-Probability Principle (CPP), which says (roughly) that when an agent learns that a cause c for an effect e has been introduced or put into action, then her subjective probability for the occurrence of e should be at least as high as it was beforehand.