bluuebunny/crossref_metadata_2025_split huggingface dataset:
Forest Legal Culture
Authors: Johnson Tom 
Published: January 2020

Abstract
This chapter argues that Forest legal culture revolved around the management of woodland resources, principally the ‘vert and venison’ that formed the central concern of Forest law. This emphasis on management was built into the very structures of the local court that used this law, which served more as mechanisms of financial accounting than as tribunals for the resolution of disputes or the enactment of justice; it was intensified by the concerns of the specialist local officers—such as foresters, woodwards, and verderers—who were often paid in kind with timber and venison, and who were obliged to account for the way in which they cultivated and used these resources. The inhabitants of Forests, then, though they possessed significant customary rights, were thus faced with a legal regime that offered relatively little scope for the kind of idealized community-building that characterized other areas of the late-medieval countryside. Forest legal culture was not built around associative relations between people, but rather, the allocation and usage of natural resources. This worked to make law revolve around claims about the most judicious methods of conserving the Forest, a plane of argument that was tilted against tenants.
Introduction
Authors: White Jonathan 
Published: January 2020

Abstract
These pages lay out the central argument of the book: that to grasp the workings of the present-day EU, one must examine a mode of rule centred on the logic of emergency. The idea of extreme circumstances that need to be overcome, and that give licence for unconventional governing measures, shapes both contemporary decision-making and the public responses that emerge in parallel. The Introduction outlines the book’s structure, which starts with an exposition of transnational emergency rule as a practice, moves to consider its historical emergence in the EU, goes on to consider its implications for governing authority, and then looks at the critical responses it generates and the normative questions they raise.
Towards Emergency Europe
Authors: White Jonathan 
Published: January 2020

Abstract
Developments in recent decades have pushed the EU from a structural vulnerability to emergency rule towards increasing reliance on it. Executive agents today are surrounded by powerful non-state agents of the market sphere who carry the authority to interpret socio-economic conditions, to make sense of moments of uncertainty, and to specify the responses they demand and when. Changes within the field of executive power itself mean their voices carry ever further into decision-making circles, as a governing ethos of problem-solving displaces ideologies of principle and responsiveness to public opinion. Emergency politics is a way of coping with weakening public authority in the age of governance. The chapter goes on to examine how these dynamics extend beyond the domain of economics to include policy-making in the field of migration.
Priority Setting, Judicial Review, and Procedural Justice
Authors: Wang Daniel , Rumbold Benedict 
Published: January 2020

Abstract
The justification for the judicial review of priority-setting decisions in the NHS is premised upon a distinction between substantive policy decisions and matters of procedural fairness, with courts themselves perceiving their function as restricted primarily to assessments of procedure. This approach finds normative ground in the ‘procedural turn’ in the philosophical literature on justice in health, in particular in the influential idea of ‘Accountability for Reasonableness’. However, this chapter will argue that relying on the substance/procedure distinction to identify the appropriate role for the courts in the control of allocative decisions in health care will attract to judicial review a series of concerns raised in the philosophical literature with regard to the idea of securing just priority setting through procedural means.
The Rise of the Volatile Voter
Authors: Fieldhouse Edward , Green Jane , Evans Geoffrey , Mellon Jonathan , Prosser Christopher , Schmitt Hermann , van der Eijk Cees 
Published: January 2020

Abstract
In this chapter we show how the twin processes of partisan dealignment and party system fragmentation have underpinned the increase in electoral volatility. Fragmentation creates volatility because smaller parties consistently lose a much higher proportion of their voters between elections than the major parties. Partisan dealignment matters because there is a strong and consistent relationship between a voter’s level of partisanship and the likelihood of them switching parties at the next election. While this accounts for a substantial proportion of the trend in volatility, it is less clear why partisan identification has itself declined. We show a clear pattern of generational replacement in partisan identification, with newer cohorts entering with lower levels of partisanship and remaining relatively stable over time.
EU Accession Immigration and the Rise of UKIP
Authors: Fieldhouse Edward , Green Jane , Evans Geoffrey , Mellon Jonathan , Prosser Christopher , Schmitt Hermann , van der Eijk Cees 
Published: January 2020

Abstract
This chapter explains how the powerful issue dimensions of the EU and immigration were combined in the 2004 decision for open immigration with EU accession countries. As immigration rose in the 2000s, the salience of immigration increased substantially. The 2004 immigration decision had two key consequences. Firstly, it greatly constrained the ability of UK governments to change the level of immigration in response to public opinion, and secondly, it closely linked the previously separate issues of immigration and Europe. The salience of immigration was related most strongly to media coverage of the issue, which in turn closely tracked the actual rates of immigration. UKIP capitalized on this combined EU/immigration dimension and substantial numbers of voters switched to UKIP from the major parties in 2015 on this basis. We show that without the high salience of immigration between 2010 and 2015, the defections to UKIP would have been relatively small.
Conclusions
Authors: McGrath Sarah 
Published: January 2020

Abstract
In this chapter, I summarize the main claims that I endorse in the book. The claims are organized thematically, and I provide references to the specific sections and chapters in which I discuss the themes. The main themes are: 1. General Theses and Methodological Assumptions; 2. Reflective Equilibrium and Coherence as a Source of Moral Knowledge; 3. Social Aspects of Moral Knowledge; 4. Experience and Observation as Sources of Moral Knowledge; 5. Knowing the Difference Between Right and Wrong, Ryle’s Puzzle, and Losing Moral Knowledge. My hope is that this chapter will be useful for those who wish to read selectively.
Locating International Criminal Justice
Authors: Lohne Kjersti 
Published: January 2020

Abstract
The chapter introduces the research aims, conceptual framework, and methodology of the book. Departing from the story of the creation of the International Criminal Court (ICC) as a global civil society achievement, and previous research into how global and local civil society disagreed on their support for the ICC’s intervention into the conflict in northern Uganda (where the latter pointed to how it jeopardized ongoing peace talks) the chapter lays out the central aim of the book: to explore how the role of international human rights NGOs in international criminal justice yields empirical insight into the meaning of punishment at the global level of analysis. It identifies three separate yet interrelated sets of analytic questions guiding the inquiry: (i) What are the roles of NGOs in international criminal justice? (ii) What characterizes punishment ‘gone global’? and (iii) How is international criminal justice constituted by and of ‘the global’? The chapter situates the analysis through a brief background section on the development and institutions of international criminal justice, and contextualizes the ICC’s intervention in Uganda. It delineates the theoretical orientations for the study’s conceptual framework and contribution to a sociology of punishment for international criminal justice, drawing on a range of literatures across criminology, sociology, international relations, and international law. It then describes the organization of the book and its relation to the research strategy, before addressing the study’s methodology of a multi-sited network ethnography, its empirical data, and ethical considerations.
Networks of Global Justice-Making
Authors: Lohne Kjersti 
Published: January 2020

Abstract
The chapter analyses how the NGOs organize in order to promote the ICC, and in doing so, engages networks as an empirical and conceptual feature of what makes the global. In doing so, the grounded and contextualized method of ethnography enables recognition of ‘friction’, of awkward disconnection and unevenness in the transnational networks of global justice-making. The first part examines the networked structure of NGOs at the ICC, and the centrality of the Coalition for the International Criminal Court (CICC) and its core member NGOs. Against the structural inequalities and disconnections of transnational networks, the second part shows how the CICC manage to claim a role as reflecting the global civil society in international criminal justice by largely controlling the ‘who’ and the ‘what’ of civil society participation in the politics around the ICC. At the same time, they stimulate the idea of the ‘transnational’ as a particular space for political engagement by operating as mediators between different geographical scales (local, national, regional, global), and by using law as the lingua franca between NGOs, states, and the ICC. Through representing ‘humanity’ in global justice-making, human rights NGOs serve an important role in international criminal justice as providers of moral authority. Animated by these claims to authority and representations, the final part of the chapter critically examines NGO participation against these claims, finding that they are too embedded in the field of international criminal justice to claim a position of being beyond that of externality, and of vested interest.
Sovereignty and Solidarity
Authors: Lohne Kjersti 
Published: January 2020

Abstract
As apt for analysis that positions penality at the centre of social organization, the final analytic chapter cultivates a Durkheimian approach to global justice-making, and argues that international criminal justice reinforces a social imaginary of cosmopolitan solidarity embodied in the notion of humanity. Durkheim’s emphasis on how solidarity in modern society is based around a notion of individualism, and of law and punishment as modes of social integration, make his insights particularly equipped for sociological analysis of the global as a site of crime, justice, and solidarity; in short, to the integrative functions of international criminal justice for the making of global moral order. However, rather than something ‘given’, the moral order embodied by ‘humanity’ reflects a dominant moral order, and one that is actively constituted. The chapter thus demonstrates how agents of international criminal justice argue their cases and punish in the name of humanity. Using the Rome Statute as a ‘crowbar’ for penal aid and rule of law promotion in the global South, international criminal justice is intertwined with rule of law promotion and penal aid in contexts of ‘failed’ justice, where cosmopolitan values are supposed to spread through the notion of ‘positive complementarity’. Global justice-making through international criminal justice is thus a multiscalar project, and one which, albeit solidarist, is coercively and deliberatively implemented. In this manner, a sociology of punishment for international criminal justice reveals some of the ways in which moral, personal, and social order is constituted globally.
Humanity and the Claim to Self-Evidence
Authors: Hunt Lynn 
Published: January 2020

Abstract
Human rights depend on universal claims made at a particular place and moment in time. The most crucial and vulnerable of these claims is the assertion of the self-evidence of the rights of all humans. The claim to the self-evidence of the rights of ‘all men’ or ‘man’ was established in the eighteenth century for distinct historical reasons; some of these still have resonance today and others do not. A consideration of this founding moment of self-evidence can provide a critical perspective on discussions of human rights today by drawing attention both to its power and its limitations. The history of human rights alerts us to the pitfalls that lay before us still.
Human Rights Bodies and the Structure of Institutional Obligation
Authors: Klabbers Jan 
Published: January 2020

Abstract
This chapter addresses the ever-present tension between the individual and the collective, examining how institutional interests may interact with individual interests. It does so by exploring three examples: the UN’s response to allegations of sexual abuse by peacekeepers; the European Court of Human Rights’ attitude in a case involving genocide denial, and the decision by the Yugoslavia Tribunal’s prosecutor not to initiate proceedings over the bombing of Belgrade to stop ethnic cleansing in Kosovo. The examples suggest that human rights institutions too are susceptible to the protection of institutional interests, something one would perhaps not expect or hope for when it comes to human rights institutions—one would likely hope for a less institution-minded ethos on the side of such institutions.
The Limits of Law
Authors: Banda Fareda 
Published: January 2020

Abstract
In her chapter, Professor Nussbaum suggests that CEDAW has failed to have the transformative effect on women’s lives that was anticipated at its adoption. Framing CEDAW as part of a social movement, Professor Nussbaum shows that there has been what she calls modest progress, but concludes that much remains to be done. This in turn leads her to question the efficacy of CEDAW and international law in the struggle for women’s equality. This response argues that the Committee has made a great deal of normative progress in three of the key areas identified in Professor Nussbaum’s chapter: intersectionality, reproductive rights, and violence against women. It also highlights how much CEDAW has impacted positively on the work of other Committees and in the development of human rights standards globally.
Anthropoid adaptations
Authors: Murray Elisabeth A. , Wise Steven P. , Baldwin Mary K. L. , Graham Kim S. 
Published: January 2020

Abstract
In this chapter, a pig wins the Kentucky Derby; people remember bugs and beasts; and monkeys take flight. But mainly we consider memories that evolved in anthropoids. As these ancestors evolved from small animals into larger ones, they needed to travel long distances to obtain food. They used high-power vision and a new kind of color perception to detect distant sights indicating ripe fruit. The memory of these perceptions helped guide their choices toward the most valuable food items both near and far. The sounds made by boisterous, feeding birds provided similar information. Other new memories involved representations of quantities, such as the number of food items and their distance. Eventually, the new memories evolved by anthropoids also helped them recognize and communicate with members of their social group.
Emergency Powers of International Organizations
Authors: Kreuder-Sonnen Christian 
Published: January 2020

Abstract
This book explores emergency politics of international organizations (IOs). It studies cases in which, based on justifications of exceptional necessity, IOs expand their authority, increase executive discretion, and interfere with the rights of their rule-addressees. This “IO exceptionalism” is observable in the crisis responses of a diverse set of institutions including the United Nations Security Council, the European Union, and the World Health Organization. Through six in-depth case studies, the book analyzes the institutional dynamics unfolding in the wake of the assumption of emergency powers by IOs. Sometimes, the exceptional competencies become normalized in the IOs’ authority structures (the “ratchet effect”). In other cases, IO emergency powers provoke a backlash that eventually reverses or contains the expansions of authority (the “rollback effect”). To explain these variable outcomes, the book draws on sociological institutionalism to develop a proportionality theory of IO emergency powers. It contends that ratchets and rollbacks are a function of actors’ ability to justify or contest emergency powers as (dis)proportionate. The claim that the distribution of rhetorical power is decisive for the institutional outcome is tested against alternative rational institutionalist explanations that focus on institutional design and the distribution of institutional power among states. The proportionality theory holds across the cases studied in this book and clearly outcompetes the alternative accounts. Against the background of the empirical analysis, the book moreover provides a critical normative reflection on the (anti) constitutional effects of IO exceptionalism and highlights a potential connection between authoritarian traits in global governance and the system’s current legitimacy crisis.
The Lachrymose Crusader
Authors: Spencer Stephen J. 
Published: January 2020

Abstract
Despite the amount of scholarship dedicated to various aspects of crusader spirituality, there has not yet been a detailed assessment of the religious and social roles of weeping in crusade texts. This chapter examines the religious significance of, and functions assigned to, the crusaders’ tears in twelfth- and thirteenth-century sources, charting continuities and changes over time as well as similarities and differences between source types. It is argued that in the ecclesiastical texts, weeping featured as a legitimate form of affective piety, and that the crusaders’ tears were chiefly understood to be mediators between temporal and heavenly worlds—devices that allowed for the petitioning and thanking of God. The representation of weeping in these works, it is suggested, not only reflected the influence of scripture, but also the Christian theology of tears, against which monastic writers and their audiences would have interpreted their own tears.
Zealous Wrath for the Holy Land
Authors: Spencer Stephen J. 
Published: January 2020

Abstract
The scant attention anger has received in a crusading context has focused almost exclusively on positive manifestations of that emotion, especially ira per zelum (anger through zeal). It is contended here that the importance of crusading in providing a setting for the legitimate outpouring of anger against non-Latins has been overstated. While zelus and the idea of crusading as vengeance continued to intersect and to be espoused after 1216, the terminus date of Susanna Throop’s 2011 study, zelus proves to be an ambiguous term, and one relatively poorly attested in twelfth- and thirteenth-century narratives of the crusades. Moreover, when the semantic field is broadened to encompass other anger terms, it becomes clear that anger was not an integral component of crusading ideology; and a close reading of accounts of righteous wrath, especially in relation to rulers, suggests that crusading did little to popularize or modify pre-existing attitudes towards anger in western Europe.
Conclusion
Authors: Spencer Stephen J. 
Published: January 2020

Abstract
The main findings of the previous chapters are brought together, leading to several overarching conclusions regarding the ways in which emotional language intersected with broader themes, the literary functions emotions performed, continuities and changes in the emotional landscape of crusading, the factors and traditions which influenced chroniclers, and how modern historians should approach the affective registers of historical narratives. Three major conclusions are outlined. Firstly, the traditional approach of simply accepting the emotional language found in crusade narratives as straightforward evidence of protagonists’ lived feelings needs to be supplanted by a methodological framework which deals primarily with textual representation and function. Secondly, the emotional landscape that contemporaries applied to crusading was not unique. Finally, the various religious, social, and political functions that emotions performed in the texts undermine any notion that the crusades took place in an era of emotional immaturity.
Rituals and Feasting as Incentives for Cooperative Action at Early Neolithic Göbekli Tepe
Authors: Dietrich Oliver , Dietrich Laura 
Published: January 2020

Abstract
During the tenth and ninth millennia BC, at Göbekli Tepe in southeastern Anatolia monumental circular buildings that include monolithic and richly decorated limestone pillars were erected by early Neolithic communities. The present contribution addresses the question how these rather small-scale groups were able to generate and maintain social cohesion not only on a level basic to their survival but also sufficient for the realization of this enormous construction work. The distribution of the characteristic imagery, centred on animal motifs, shows that people from distances of up to 200 km gathered at the site. Large amounts of bones and cooking equipment are evidence of large, ritualized feasts as a mode to gather workforces and ensure cooperation. Evidence for beer-like beverages adds another nuance to these feasts. Altered states of consciousness may also have played a key role in the rituals held within the buildings, that further fostered intragroup cohesion.
Does Nationhood Promote Egalitarian Justice?
Authors: Holtug Nils 
Published: January 2020

AbstractThe national identity argument suggests that sharing a national identity fosters social cohesion. This chapter considers a specific version of the argument, according to which shared national identities are required for, or at least facilitate, trust and solidarity and therefore egalitarian redistribution. The argument is assessed in terms of the theoretical arguments that can be provided for believing that national identities create trust and solidarity, more specifically, the ‘sympathy account’ and the ‘predictability account’ are considered. Furthermore, empirical studies that test the proposed causal relationship between national identity and social cohesion are scrutinized, focusing in particular on a recent Danish study. It is concluded that neither these theoretical considerations nor the available empirical evidence supports the national identity argument.
Law as Text
Authors: McSweeney Thomas J. 
Published: January 2020

Abstract
Roman and canon law were fields of knowledge based on the interpretation of authoritative texts. In their study of Roman and canon law, the authors of Bracton would have begun to think about the practice of law as a textual practice. This was not an obvious way to think about law in the thirteenth century. In England’s county and manor courts, much of the law was contained in the collective memory of the suitors of the court, not in authoritative texts. Thus, the fact that Bracton’s authors studied Roman and canon law would have led them to think about law in a different manner from many of their colleagues in the central royal courts.