bluuebunny/crossref_metadata_2025_split huggingface dataset:
The Market Economy
Authors: Vallier Kevin 
Published: November 2020

Abstract
The market economy can create trust for the right reasons. Markets and property rights promote social and political trust in the real world by creating social cohesion through exchange and generating economic growth. Markets also arise from private property rights, which are publicly justified based on the essential role private property rights play in protecting individual rights and the rights of associations. This includes private property rights in capital, that is, productive property, which means that a broadly market-based economy will be a central feature in any society that maintains high levels of social and political trust in the right ways.
A New Criterion of Fairness
Authors: Olson Kristi A. 
Published: November 2020

Abstract
Chapter 2 begins with envy-freeness as a possible criterion of fairness and then refines it. A distribution is envy-free when no one prefers someone else’s bundle of goods to her own. Yet eliminating envy is not always possible, and minimizing envy when it cannot be eliminated is not always fair. In response to these problems, this chapter distinguishes two types of envy: personal envy depends on the assignment of bundles; impersonal envy does not. The chapter then argues that the two types of envy are not normatively equivalent: claims based on impersonal envy but not personal envy satisfy the requirement of mutual justifiability. The upshot is a new criterion of fairness: impersonal envy-freeness.
Silent Witness
Authors: Turow Scott 
Published: November 2020

Abstract
Forensic DNA evidence has helped convict the guilty, exonerate the wrongfully convicted, identify victims of genocide, and reunite families torn apart by war and repressive regimes. Yet many of the scientific, legal, and ethical concepts that underpin forensic DNA evidence remain unclear to the general public; judges; prosecutors; defense attorneys; and students of law, forensic sciences, ethics, and genetics. This book examines the history and development of DNA forensics; its applications in the courtroom and humanitarian settings; and the relevant scientific, legal, and psychosocial issues. It describes the DNA technology used to compare the genetic profile of a crime scene sample to that of a suspect, as well as the statistical interpretation of a match. It also reviews how databases can be searched to identify suspects and how DNA evidence can be used to exonerate the wrongfully convicted. Recent developments in DNA technology are reviewed, as are strategies for analyzing samples with multiple contributors. The book recounts how the Grandmothers of the Plaza de Mayo searched for children kidnapped during military rule in Argentina, as well as more recent efforts to locate missing children in El Salvador. Other chapters examine the role that DNA forensics played in the identification of victims of genocide in Bosnia and of terrorism in the post-9/11 era. Social anthropologists, legal scholars, and scientists explore current applications of DNA analysis in human trafficking and mass catastrophes; border policies affecting immigration; and the ethical issues associated with privacy, informed consent, and the potential misuse of genetic data.
Taking Stock
Authors: Steadman Dawnie , Wagner Sarah 
Published: November 2020

Abstract
This chapter explores the evolving role of forensic genetics in human rights investigations and as a technology of postmortem identification for missing persons in ongoing conflict and post-conflict societies. How has DNA’s increasingly privileged place as a line of evidence impacted the field in terms of both medico-legal standards and heightened expectations among surviving kin and their communities? Drawing on interviews with leading figures in the field of forensic science and human rights/transitional justice (e.g., the International Commission on Missing Persons, the International Committee of the Red Cross, the Equipo Argentino de Antropología Forense, and the Colibrí Center for Human Rights), buttressed by ethnographic analysis of exhumation and identification efforts in Bosnia and Herzegovina and Uganda, the chapter provides an overview and commentary about the technology’s complicated place in unearthing truths and effecting repair.
Denaturalising Security
Authors: Epstein Charlotte 
Published: November 2020

Abstract
This chapter assesses how security was established as the first absolute and natural right of the subject. Thomas Hobbes remains in focus, insofar as he articulated the furthest what had already become an established dogma of early modern thought, notably in natural right theories, and of nascent state practice. The chapter then considers the different kinds of natures that troubled the enterprise of naturalisation. For nature was also appearing, as a result of the scientific revolution, as a source of disorder. It was no longer simply the stable referent for the task of political ordering. This new, epochal instability in the constructions of nature and the way it was addressed by Hobbes in his epistemological writings contains resources for short-circuiting the naturalising work that Hobbes, amongst others, was engaged in. These resources include Hobbes’s nominalism, which marks him as the original constructivist, and his critique of universals, including ‘paternal dominion’, his term for patriarchy. Hence, the purpose of the chapter is to parse the initial naturalisation of security as the subject’s constitutive right, in order to denaturalise it. Ultimately, Hobbes played a central role, not only in theorising the state, but in securing what the author seeks to unsettle with this book: the body as history’s great naturaliser.
From Liberties to Liberty
Authors: Epstein Charlotte 
Published: November 2020

Abstract
This chapter studies how liberty in the law evolved from being attached to a collective, metaphorical body—the medieval corporation—to being rooted instead in the individual body across a range of practices in seventeenth century Europe. It analyses the early modern forms of toleration that developed from the ground-up in Protestant Europe (Holland and Germany in particular), including the practices of ‘walking out’ (auslauf) to worship one’s God, and the house church (schuilkerk). These practices were key to delinking liberty from place, and thus to paving the way to attaching it instead to territory and the state. The chapter also considers the first common law of naturalisation, known as Calvin’s Case (1608), which wrote into the law the process of becoming an English subject—of subjection. This law decisively rooted the state-subject relation in the bodies of monarch and subject coextensively. Both of these bodies were deeply implicated in the process of territorialisation that begat the modern state in seventeenth-century England, and in shifting the political bond from local authorities to the sovereign. The chapter then examines the corporeal processes underwriting the centralisation of authority, and shows how the subject’s body also became—via an increasingly important habeas corpus—the centre point of the legal revolution that yielded the natural rights of the modern political subject. Edward Coke plays a central role in the chapter.
Privatising Property
Authors: Epstein Charlotte 
Published: November 2020

Abstract
This chapter describes how the body served to privatise property and to establish the human subject, instead of the natural order, at the centre of the law. Whereas modern science expelled humanity from the world’s centre, a second revolution in the law achieved the opposite. It begat legal modernity and the right to private property that supports capitalism. The site for this revolution was early modern theories of natural rights. The chapter traces the genealogy of the concept of private property, from Hugo Grotius via Samuel von Pufendorf to John Locke, through this tradition and under the lens of the body, underscoring the extent to which they broke from premodern Thomist theories of natural law, whose default mode of property relations were communal. It then shows how Locke deployed the most effective legitimation of capitalism by locating the original mechanism by which property is privatised in ‘the hand that grabs’ – by corporealising it. The chapter then turns to the particular, labouring bodies that were explicitly excluded from Locke’s embodied labour theory of value: slaves. Slavery was not simply a practice Locke was deeply invested in personally, or an embarrassing but secondary feature of his political writings. It was, rather, part and parcel of the constitutive logic by which he articulated a racialised right to private property.
Conclusion
Authors: Epstein Charlotte 
Published: November 2020

Abstract
This concluding chapter returns to modernity’s defining problematique: ordering, understood coextensively as an epistemological and a political project. It discusses the extent to which the body operated as the great naturaliser of history—working to stabilise political construction, and notably the racialised and gendered figures that entered into the making of the modern category of ‘the human’ from the onset. The chapter also considers the two sets of processes, of putting together and of dividing up, that took the body as their referent and produced, respectively, the state and the individual who bears rights. It then examines the relations between construction, constitution, and another kind of corporeal agency altogether: generation (giving birth). Generation, as the distinctive agentic capacity that indexes only one kind of body, the female one, functioned throughout the seventeenth century as the ‘other’ to constitution, to the agency that was being expended and experimented with to craft the state and the subject of rights. Finally, the chapter looks at the duty of critique, considering it in its relation to agency and to the urgency of taking responsibility for the world in which people live, and therefore for changing it.
Calculating Race
Authors: Wiggins Benjamin 
Published: November 2020

Abstract
Calculating Race: Racial Discrimination in Risk Assessment presents the historical relationship between statistical risk assessment and race in the United States. It illustrates how, through a reliance on the variable of race, actuarial science transformed the nature of racism and, in turn, helped usher racial disparities in wealth, incarceration, and housing from the nineteenth century into the twentieth. The monograph begins by investigating the development of statistical risk assessment explicitly based on race in the late-nineteenth-century life insurance industry. It then traces how such risk assessment migrated from industry to government, becoming a guiding force in parole decisions and in federal housing policy. Finally, it concludes with an analysis of “proxies” for race—statistical variables that correlate significantly with race—in order to demonstrate the persistent presence of race in risk assessment even after the anti-discrimination regulations won by the Civil Rights Movement. Offering readers a new perspective on the historical importance of actuarial science in structural racism, Calculating Race is a particularly timely contribution as Big Data and algorithmic decision-making increasingly pervade American life.
On the Value of Recognizing Imperfect Virtue
Authors: Stangl Rebecca 
Published: November 2020

Abstract
Returning to the contrast with which this book began, this chapter urges the value of recognizing the existence of imperfect virtue. One advantage of recognizing the existence of imperfect virtue is that it allows us to construct an account of supererogation. A theory of supererogation makes room for both recognizing the truly extraordinary virtue that is often on display in supererogatory actions and recognizing that actions can be truly good and right even if they are not maximally virtuous. The former is important insofar as it allows us to give others their due and the latter important insofar as it avoids an inhuman and possibly counterproductive overdemandingness. But just as important, and far from encouraging a kind of complacency, the recognition that there can be genuine goodness short of perfection is precisely what opens up theoretical space for appreciating the goodness of striving toward an ideal. And striving toward an ideal is good; indeed, self-improvement itself can be morally excellent, and the disposition to seek and engage in it, where appropriate, can itself be a virtue. Thus, while the purity of vision represented by the insistence that the only virtue is perfect virtue has its undeniable attractions, such an insistence risks obscuring as much as it illuminates.
Collaborative Pairings
Authors: Garner Robert , Okuleye Yewande 
Published: November 2020

Abstract
Farrell’s model of a collaborative circle predicts that much of the creative work is conducted within pairings in which instrumental intimacy—the sharing of unpublished and often unwritten ideas—occurs. This chapter examines two key such pairings in the Oxford Group, between Peter Singer and Ros Godlovitch, and between Peter Singer and Richard Ryder. The chapter considers the impact on Singer’s intellectual development of his association with the Oxford Group in general and Ryder and Ros Godlovitch in particular. It demonstrates how the transformation in Singer’s thinking about animals was startling. He learned from Godlovitch and Ryder in particular but, at the same time, he impacted their thought too. It is plausible to suggest that Singer’s participation in the Oxford Group was a vital component of his emergence as the most important animal ethicist.
Conclusion to Part I
Authors: Allen Barry 
Published: November 2020

Abstract
The value of experiments as instruments of inquiry presupposes that experience is a source of knowledge distinct from reasoning, which was the medical idea Democritus and Epicurus drew into natural philosophy. The genius of empiricism is to use perception as an instrument with which to colonize the imperceptible for cognition. The European experiment with empiricism unfolds in two phases, the first spanning the centuries between Alcmaeon and Galen; the second, modernizing phase running from the sixteenth to eighteenth century, when experiments finally consolidated their role as the leading method in natural philosophy. Profiles of empiricism from antiquity to the twentieth century divide along the lines of theorematic and problematic accounts of the relation between experience and knowledge. Part I demonstrated the prominence of a problematic concept of experience in seventeenth century experimentalism. Part II reaches the same conclusion about the radical empiricists of the twentieth century.
The Beginning of Radical Empiricism
Authors: Allen Barry 
Published: November 2020

Abstract
William James introduced the expression “radical empiricism.” The chapter explains what was supposed to make empiricism radical, and why James thought that was worth trying to do. That requires explaining the connection between radical empiricism and other themes in James’s work, including pluralism and the idea of pure experience. His work belongs to an effort from the latter nineteenth century to make empiricism more consistently empirical by overcoming the legacy of Ockham and nominalism, and it is this anti-nominalist animus that radicalizes James’s empiricism.
Gratitude in the Classical Worlds
Authors: Rushdy Ashraf H. A. 
Published: November 2020

Abstract
This chapter examines four classical writers who have something to say about gratitude—Aristotle, Homer, Cicero, and Seneca. It explores what gratitude can mean in societies that operate through ritual reciprocal gift-exchange, and then examines how that idea—that one gives a gift in order to get a gift in return—evolves from the Homeric world through the first century of the Roman Empire.
Gratitude in the Early Eighteenth Century
Authors: Rushdy Ashraf H. A. 
Published: November 2020

Abstract
This chapter explores the writings of four philosophers who were either directly or implicitly responding to the philosophers of the seventeenth century discussed in the previous chapter. The chapter looks at two philosophers who seem to adopt parts of the Hobbesian worldview—Pufendorf and Mandeville—and two who explicitly contest it: Shaftesbury and Butler. The primary questions they ask involve human motivations—whether they can be altruistic or must be acts of self-interest or self-love.
Conclusion
Authors: Rushdy Ashraf H. A. 
Published: November 2020

Abstract
This chapter returns to two key questions about the ways to think about gratitude. One has to do with the question of the sense of self—can humans be independent?—and the ways that someone might approach a benefactor’s generosity with the belief that it curtails her sense of independence. The other has to do with the question of the human sense of obligations—can someone be indebted?—and the ways that someone might approach any benefit as something that oppresses her. The chapter examines how these concepts—dependence and debt—have been described, and how it is possible to construe a very different meaning of what gratitude can be than what these two concepts seem to suggest.
The Messenger
Authors: Miller William Ian 
Published: November 2020

Abstract
This chapter provides a discussion of the messenger as the Ur-mediator, the go-between par excellence. He is often a double agent of sorts and cannot help but be a spy even against his will. The chapter deals with him both in his more sacred form as angels, Christ, and the prophets and in his most mundane form as a simple courier. It mostly draws on ancient Near Eastern materials with expansive reading of some biblical texts, from Ehud to messengers sent by Saul, David, and Joab. There are classical and medieval instances, as well as early modern examples. The deep issue is the importance of the ‘third party’ as he begins to emerge fully embodied from merely being an agent of a first and second party. There is an extended discussion of killing the messenger bearing evil tidings, and even not so evil tidings, and the work of intercessors between an angry Deity and sinful mankind.
Lord of the Table: Judges 19 and the Last Supper
Authors: Miller William Ian 
Published: November 2020

Abstract
This chapter provides an extended treatment of how giving and receiving food is perhaps the primal obligation-creating and -discharging of social actions. The chapter deals with what it means to be host and guest, two sides of the same Indo-European verbal root, yielding also opposites like hospitality and hostility. The chapter also deals with adoption, grafting a person into one’s kin group as an heir by means of rituals where drinking and eating figure as the sine qua non of offializing the new relation. One ceremony is of Salian Frankish origin, another one old Norwegian. The chapter ties these in with baptism and circumcision and covenant formation by means of mixing blood, or cutting flesh, human and animal. This leads to a discussion of the dismemberment of the Levite’s concubine in Judges 19. After she had been gang-raped to death her husband cuts her into twelve parts which are sent out to summon the nation and oblige them to take revenge on the tribe of Benjamin, the tribe of the inhospitable rapists. The argument is that Jesus is referring directly to Judges 19 when he divides his body into twelve parts just as the Levite did his concubine, the ceremony obliges one to carry out his mission, in effect, to take revenge.
Syncretism and Christian Tradition
Authors: Kane Ross 
Published: November 2020

Abstract
Studying the history of syncretism’s use indicates wider interpretative problems in religious studies and theology regarding race and revelation. It also indicates the importance of seeing “tradition” as adaptive and amalgamating rather than static. In theology and religious studies alike, discourses of syncretism are positioned within racialized perceptions which construct a center and periphery based upon white European knowledge. In Christian theology more specifically, syncretism’s use also shows ways that theologians try to protect the category of divine revelation from human interference, leading to interpretative problems that sidestep material history. The book makes this case through an intellectual history of the word syncretism, tracking its changing associations and especially its pejorative turn in Christianity in the early twentieth century. After diagnosing challenges related to syncretism, the book makes two constructive arguments. First, it defends the concept of “tradition”—for religious studies and theology alike—as a means of understanding cultural continuity amid the perpetual flux of syncretism. Second, in Christian theology specifically, it offers a constructive response to syncretism drawing from theologians Jean-Marc Éla and Rowan Williams. The Holy Spirit, through tradition, builds knowledge of the divine Logos across history often by way of contested religious mixtures with culture. The book concludes by examining positive examples of syncretism in Christianity like the incorporation of ancestor reverencing.
Sequences of Military Necessity for the Jus in Bello
Authors: Kritsiotis Dino 
Published: November 2020

Abstract
This chapter considers several discrete snapshots or “sequences” in the life of military necessity—as it has come to be understood within the laws of the jus in bello. Commencing with its relationship with self-preservation under the laws of war and peace, the chapter proceeds to examine the idea of “necessity” of self-defense within the laws of the jus ad bellum; it then turns to “military necessity” as invoked in the Lieber Code, the 1907 Hague Regulations, Additional Protocol I of 1977 and the 1954 Hague Convention, the ICRC Study on Customary International Humanitarian Law as well as the advisory jurisprudence of the International Court of Justice. Consideration is given, too, to “necessity” as it features within the law of State responsibility, in order to more fully understand the function, status and standing of “military necessity” more generally within the jus in bello.
Considerations of Necessity under Article 57(2)(a)(ii), (c), and (3) and Proportionality under Article 51(5)(b) and Article 57(2)(b) of Additional Protocol I
Authors: von Heinegg Wolff Heintschel 
Published: November 2020

Abstract
While military necessity as such does not absolve the parties to the conflict from their obligations of avoiding or minimizing collateral damage, of giving an advance warning, or of choosing an alternative target, considerations of military necessity have an impact on the scope of those obligations. The same holds true for the prohibition of collateral damage that is expected to be excessive in relation to the military advantage anticipated and for the obligation to cancel or suspend an attack, if circumstances have changed. Targeting decisions must be based on a complex assessment of a variety of factors that must be taken account of in their entirety. Accordingly, the law of armed conflict obliges those who plan or decide on an attack to adopt an integrated approach.