bluuebunny/crossref_metadata_2025_split huggingface dataset:
Love and Freedom
Authors: Pereboom Derk 
Published: August 2021

Abstract
Chapter 6 contends that love and relationships need not be compromised if we, motivated by ethical considerations and skepticism about free will, relinquished the retributive emotions. When we are wronged in relationships, there are non-retributive emotions available to us, whose expressions can play the relevant roles. These emotions include feeling hurt or shocked or disappointed about what the offending agent has done, and sadness or sorrow and concern for him, and taking on the stance of moral protest against him. Personal relationships might presuppose free will due to being structured by moral obligations, and, by way of the ‘ought implies can principle,’ moral obligations presupposing the ability to refrain from wrongdoing. Two responses are offered, one compatibilist about the relevant ability to do otherwise, and the other invoking a sense of ‘ought’ that does not imply ‘can’ in the threatening sense.
The Concept and Scope of Abusive Constitutional Borrowing
Authors: Dixon Rosalind , Landau David 
Published: August 2021

Abstract
This chapter elaborates the book’s concept of abusive constitutional borrowing, which is defined as the use of designs, doctrines, and concepts associated with liberal democratic constitutionalism for anti-democratic ends. All forms of abusive borrowing decouple the form of a norm from its substance, but in different ways. The chapter develops a typology of four subtypes of abusive borrowing—(1) sham borrowing, which takes the form of a norm without its substance; (2) selective borrowing, where borrowers use only part of a norm or package of norms; (3) acontextual borrowing, where a norm is intentionally transplanted into a context with different background conditions; and (4) anti-purposive borrowing, where an anti-democratic norm is repurposed to achieve the opposite of its intended purpose. Changes in the form and substance of norms are common with all borrowing, but the hallmark of abusive borrowing is that it undertakes these mutations to maximize anti-democratic impact.
The Abuse of Constitutional Rights
Authors: Dixon Rosalind , Landau David 
Published: August 2021

Abstract
This chapter shows how constitutional rights, which have become a nearly universal hallmark of liberal democratic constitutionalism, can be abused for anti-democratic ends. It offers a series of examples, running across different forms of rights and contexts. It shows how hate speech and ‘memory’ laws have been abused in Rwanda, Poland, and Russia, how voting rights were turned to authoritarian ends in Hungary and Fiji, how gender quotas advanced anti-democratic agendas in Rwanda, and how a sham commitment to environmental rights helped to shore up support for an authoritarian agenda in Ecuador. Examples of the abuse of constitutional rights in fact show up in many other chapters of this book, reflecting the centrality of modern rights discourse to liberal democracy.
The Abuse of Constituent Power
Authors: Dixon Rosalind , Landau David 
Published: August 2021

Abstract
This chapter explores the abusive borrowing of ideas related to constituent power—the concept that all power ultimately stems from the people, and which thus reserves power to the people to replace their constitution, while limiting the ability of ‘constituted’ institutions to make fundamental changes. It shows how constituent power theory has been abused to legitimate anti-democratic Constituent Assemblies, including twice in recent years in Venezuela. It also demonstrates how the unconstitutional constitutional amendment doctrine has been wielded throughout Latin America to eradicate presidential term limits, on the argument that they are infringements of the human rights of both voters and elected officials. Finally, it explores the anti-democratic use of international law doctrines related to constituent power: the abuse of ‘unconstitutional government’ norms to justify a military coup in Fiji, and the wielding of the European Union’s constitutional identity doctrines for illiberal or anti-democratic ends in Hungary and Poland.
A Theory of African Constitutionalism
Authors: Gebeye Berihun Adugna 
Published: August 2021

Abstract
This book asks and seeks to answer why we need a theory for African constitutionalism and how this could offer us better theoretical and practical tools with which to understand, improve, and assess African constitutionalism on its own terms. By locating constitutional studies in Africa within the experiences, interactions, and contestations of power and governance beginning in precolonial times, the book presents the development and transformation of African constitutional systems across time and place, along with the attendant constitutional designs and practices ranging from the nature and operation of the African state to its vertical and horizontal government structures, to its constitutional rights regime. It offers both a theoretically and comparatively rich, historically and contextually informed, and temporally and spatially extensive account of the nature, travails, and incremental successes of African constitutionalism with detailed case studies from Nigeria, Ethiopia, and South Africa on important themes like federalism, executive power, and women’s rights. The book aims to bring a new global conversation with a richly African experience as a comparative resource in reimagining the purpose, substance, and scope of constitutions and constitutionalism.
Introduction
Authors: Gebeye Berihun Adugna 
Published: August 2021

Abstract
This introductory chapter situates the research questions of this book: why we need a new theoretical framework for African constitutionalism and how this could offer us better theoretical and practical tools with which to understand, improve, and assess African constitutionalism on its own terms within the broader scholarship. After demonstrating the gap in the existing scholarship, the chapter then outlines the arguments, methods, objectives, and plans of the book.
The Transformation of African Constitutionalism
Authors: Gebeye Berihun Adugna 
Published: August 2021

Abstract
This chapter investigates how legal syncretism as a process can explain the African constitutional transformations and developments from precolonial times to the present. Through the lens of legal syncretism, the chapter explores and examines the idea and practice of constitutionalism in precolonial Africa, traces the transformation of precolonial constitutionalism brought about by the introduction of colonial constitutionalism, and shows how postcolonial constitutionalism builds on, and departs from, the previous constitutional systems. This investigation illustrates how the encounters and interactions between international law, colonial law, indigenous constitutional systems, and the liberal constitutional norms that have been prevalent since the late nineteenth century have all contributed to the establishment of the territorial, political, and theoretical contours of African constitutionalism.
Federalism
Authors: Gebeye Berihun Adugna 
Published: August 2021

Abstract
This chapter demonstrates—using Nigeria, Ethiopia, and South Africa as comparative case studies—how federalism in Africa shares the forms, structures, and discursive practices of classic federal theory, while, at the same time, it also differs from classic federal theory in its normative articulations and institutional frameworks due to its syncretic configurations. To identify and illuminate the syncretic features of federalism in these countries, the chapter first presents the original logic, formation, and fundamental elements of federalism, as well as the reasons for its successes and failures, as developed in classic federal theory; explores how federalism takes new pathways—in both its original purpose and formation—in Nigeria, Ethiopia, and South Africa; and examines how the fundamental elements of federalism in these countries are a blend of syncretic convergences, adaptations, and innovations. And building on this, the chapter argues why it is necessary to rethink the classic standards for assessing the successes and failures of federalism and proceeds to discuss how this can help to improve the performance of federalism in fostering constitutional democracy in these countries. The chapter concludes by suggesting that if federalism is to ensure the practice of constitutional democracy in Africa, then democratic values, human rights, and constitutionalism should all animate its normative and institutional underpinnings of self-rule and shared rule, as they do in classic federal theory.
Women’s Constitutional Rights
Authors: Gebeye Berihun Adugna 
Published: August 2021

Abstract
This chapter explains how legal syncretism influences and manifests itself in the design and practice of constitutional rights—with a particular focus on women’s rights—in the constitutional systems of Nigeria, South Africa, and Ethiopia. The chapter demonstrates how the interaction between the liberal and indigenous conceptions of rights in a constitutional space produces unique regimes of women’s rights in these countries. The chapter first presents a brief theory of women’s rights as a standard of comparison and evaluation; this is done through a more general investigation of women’s rights in international law. This is then followed by a more focused discussion of women’s constitutional rights in Nigeria, South Africa, and Ethiopia. Such discussion explores the substantive content and the way in which women’s rights are constitutionalized, as well as their practical and judicial applications. The syncretic nature of women’s rights in these countries sheds some light on the importance of looking beyond the universalism versus cultural relativism debate when trying to enforce human rights in Africa.
The Future of African Constitutional Design and Practice
Authors: Gebeye Berihun Adugna 
Published: August 2021

Abstract
Building on the theses and analyses of the previous chapters, this chapter attempts to bring the elements of legal syncretism to the attention of future African constitutional design and practice. With this objective, the chapter discusses why African constitutional design should take sovereignty seriously and underscores why sovereignty is—and must be—an important aspect of any African constitutional theory; presents some of the major limits or shortcomings of postcolonial constitutional reforms and draws attention to possible future constitutional reform areas; and highlights the potential of some aspects of African constitutional design and practice that can mediate and operationalize the practice and application of plural constitutional values—something that future constitutional design and practice should attempt to consolidate.
Indecipherable Lostness
Authors: Morrison Benedict 
Published: August 2021

Abstract
This chapter explores the play with genre in Kelly Reichardt’s Meek’s Cutoff (2010), a film which troubles the relationship between many familiar signifiers of the western genre—including its mute characters—and their customary significations. The film does not simply rearrange meanings; binary Manichaeism is not replaced by an alternative ethical system, female characters do not become active narrative drivers, and the Native American character does not become heroic. Instead, meaning is complicated, as inarticulate silence disrupts the settlers’ sense of identity and the Native American becomes an inscrutable signifier for both salvation and destruction. This chapter argues that genre is used as a critical (rather than textual) apparatus for marshalling films into pre-arranged significance that relies on the seamless operation of genre signifiers. Meek’s Cutoff makes visible the complications at work in all westerns, invites a reappraisal of these eccentric films, and critiques genre as an ideological knowledge system.
Rethinking our Assumptions about Moral Status
Authors: Clarke Steve , Savulescu Julian 
Published: August 2021

Abstract
Recent technological developments and potential technological developments of the near future require us to try to think clearly about what it is to have moral status and about when and why we should attribute moral status to beings and entities. What should we say about the moral status of human non-human chimeras, human brain organoids, artificial intelligence, cyborgs, post-humans, and human minds that have been uploaded into a computer, or onto the internet? In this introductory chapter we survey some key assumptions ordinarily made about moral status that may require rethinking. These include the assumptions that all humans who are not severely cognitively impaired have equal moral status, that possession of the sophisticated cognitive capacities typical of human adults is necessary for full moral status, that only humans can have full moral status, and that there can be no beings with higher moral status than ordinary adult humans. We also need to consider how we should treat beings and entities when we find ourselves uncertain about their moral status.
Moral Recognition and the Limits of Impartialist Ethics
Authors: Schuklenk Udo 
Published: August 2021

Abstract
‘Moral status’ is simply a convenient label for ‘is owed moral consideration of a kind’. This chapter argues that we should abandon it and instead focus on the question of what kinds of dispositional capabilities, species memberships, relationships etc., constitute ethically defensible criteria that justifiably trigger particular kinds of moral obligations. Chimeras, human brain organoids, and artificial intelligence do not pose new challenges. Existing conceptual frameworks, and the criteria for moral consideration that they trigger (species membership, sentientism, personhood) are still defensible and applicable. The challenge at hand is arguably an empirical challenge that philosophers and ethicists qua philosophers and ethicists are ill equipped to handle. The challenge that needs addressing is essentially whether a self-learning AI machine, that responds exactly in the same way to a particular event as a person or sentient being would, should be treated as if it was such a person or sentient being, despite doubts about its de facto lack of dispositional capabilities that would normally give rise to such responses.
Genre and Extravagance
Authors: Rasula Jed 
Published: August 2021

Abstract
This chapter outlines the theme running through the book as a whole: hybrid form and extravagant execution of narrative designs have accompanied the novel throughout its history. The canonical “great novels” have therefore been exceptions to any presumed rule that would define the parameters of the novel as genre. These exceptions equivocate between history and fiction, fantasy and reality, and by so doing establish the sui generis as a paradoxically normative venture within the literary domain of the novel. As a relatively late development in literary history, the novel lacks the defining parameters set out for other genres in antiquity. It has therefore thrived by assimilating material from any and all other genres, blending them into hybrid examples that become canonical by being unrepeatable.
Textual Indigence in the Archive
Authors: Rasula Jed 
Published: August 2021

Abstract
Beginning with a profile of encyclopedic aspirations in Don DeLillo’s novel Underworld, this chapter extends the analysis through Moby-Dick by Herman Melville and The Magic Mountain by Thomas Mann. These are among numerous instances of cultural and intellectual audacity characterized as the encyclopedic novel after the publication of Gravity’s Rainbow by Thomas Pynchon. The analysis expands by recounting the history of the encyclopedia as a form emerging from the earlier genre of the anatomy. This legacy, pioneering the cross-referencing system familiar from reference works in general, is now thoroughly integrated into our computational search engines. The novels characterized as encyclopedic, however, turn out to resist the sense of instantaneity and rapidity evident in digital platforms, going so far as to find value in indigence, revealed as the art of non-compliance with compulsory forms of “progress.”
Vessels of Consciousness
Authors: Rasula Jed 
Published: August 2021

Abstract
The modern turn to psychological inwardness in the novel has often been discussed with reference to William James’s phrase, “vessel of consciousness.” Much of this chapter concerns his brother, Henry James, and his theorization of perspectivally delimited states of consciousness as a primary medium for the novel. James’s theories make a point of gendering this delimitation, claiming that female consciousness, historically constrained by lack of access to masculine vocations, actually possesses an awareness of the world advantageously enlarged by the exercise of imagination. James’s theory is placed against the backdrop of the novel’s gradual turn from epistemological to psychological veracity, from chronicling the material and social world to anatomizing the vicissitudes of consciousness as such—a transition from “character” to “psychology,” a transition made evident in Stendhal’s novel The Red and the Black. Once the twentieth-century novel establishes the vessel of consciousness as a primary component of its generic toolkit, the fragility of the vessel became apparent, and a technical gain in verisimilitude (refinement of character psychology) turned out to be discordant with the generically contracted principle of reality in previous fiction. The vessel of consciousness could no longer be confined to the novel itself, but became contingent on the participatory immersion of the reader’s consciousness as well.
Ruminant Curiosity
Authors: Rasula Jed 
Published: August 2021

Abstract
The two subjects of this chapter are writers of German who did not live in Germany: Franz Kafka and W. G. Sebald (a self-proclaimed devotee of Kafka). Kafka’s fiction has achieved the distinction of having generated a category that far exceeds its literary basis: the “Kafkaesque.” Maurice Blanchot’s theoretical investigations of literature in its ontological foundation is consistently worked out with reference to Kafka, under the telling phrase “literature and the right to death.” Perspectives by other theorists (Adorno, Benjamin, Deleuze and Guattari, Calasso) help refine Blanchot’s case, revealing that the “seasickness on dry land” of Kafka’s work takes on a life of its own apart from any particular work—precisely enabling the Kafkaesque to escape or exceed the thematic parameters articulated by the writer Kafka. Sebald then become the carrier of this viral affliction, portraying himself in peregrinations that hover indeterminately amidst various genres, from the premodern anatomy to the postmodern essayism evident in his Rings of Saturn. Sebald, like so many before him, finds that the engagement with history (World War Two and the Holocaust in his case) can only be truly undertaken by fictive means.
Nietzsche in the Nursery
Authors: Rasula Jed 
Published: August 2021

Abstract
The concluding chapter addresses ways in which the novel as genre has provoked and stimulated cognate activities outside its normative parameters as literary genre. These are registered most recently in the exorbitant rise of the “graphic novel.” This chapter goes back more than half a century to an earlier graphic format, the comic book, particularly the transformational treatment of novels in the Classics Illustrated publishing series from 1941 into the 1960s. The focus is on debates about mass culture in the Cold War setting of congressional committee investigations of juvenile delinquency and the comic book craze. A conspicuous feature of cultural preoccupations was with the status of the classic, on the one hand (epitomized in the Great Books publishing enterprise), and lowbrow dissemination of existing “classics” in comic book format. A full-scale assault on comics by psychiatrist Fredric Wertham was instrumental in chastening the industry into self-censorship. Ironically, the pedagogic claims behind Classics Illustrated were highlighted as a threat to the supposedly innocent “mind of the child,” revealing an abiding split between the cultural eminence accorded the classic and the aptitude of the target audience. The audience as consumer had been the commercial engine behind the rise of the novel, but the specter of the innocent child now conflated cultural symbolism with political agendas. We’ve inherited the trauma of that moment in the form of “political correctness” and “cancel culture,” with old (and new) novels continuing to be singled out as affronts to public decency, malignant records of bygone traumas, or obstreperous reminders of an imaginative fertility in the human imagination that won’t go away.
Introduction
Authors: Dingwall Joanna 
Published: August 2021

Abstract
The introduction provides an initial account of the deep seabed beyond national jurisdiction and its mineral resources, addressing the impetus towards commercialisation of this area and the increasing role of private corporations therein. It offers a summary of the key features of the deep seabed mining regime in the United Nations Convention on the Law of the Sea (UNCLOS). It introduces the important role of the International Seabed Authority (ISA) within the UNCLOS regime as custodian, regulator and enforcer, including through development of the Mining Code. The introduction explains the purposes of the study and provides an outline of its scope. It addresses the reasons why the success or otherwise of private-sector involvement may have some bearing on the future feasibility of the deep seabed mining industry and the implications that this may have for the common heritage.
The Deep Seabed beyond National Jurisdiction and the Rise of Mining Activities within it by Non-state Actors
Authors: Dingwall Joanna 
Published: August 2021

Abstract
Chapter 2 addresses the importance of the deep seabed beyond national jurisdiction and charts the rise in mining activities within it, drawing on scientific, geological and technological analysis, where appropriate, to place deep seabed mining in its broader context. In order to do so, Chapter 2 assesses the scope of the deep seabed beyond national jurisdiction (in contrast to the maritime zones under national jurisdiction, including the continental shelf). The chapter then examines the types of mineral resources that the deep seabed contains (including the potential for rare earth elements). Thereafter, the chapter explores the likely viability of deep seabed mining, both in terms of its impact on the marine environment, and in light of technological challenges and market prospects. Chapter 2 also provides an overview of the current extent of mining activities authorised by the International Seabed Authority (ISA).
Does the Regime Secure the Common Heritage’s Benefit-sharing and Marine Environmental Protection Components?
Authors: Dingwall Joanna 
Published: August 2021

Abstract
Chapter 6 considers whether the continuing development by the International Seabed Authority (ISA) of the regulatory framework for deep seabed mining beyond national jurisdiction is on course to secure the common heritage’s main material components of benefit sharing and marine environmental protection, in the face of increasing corporate activity. It addresses the emerging regulatory regime provided in the Draft Exploitation Regulations in relation to the planned payment mechanism and the protection of the marine environment. As Chapter 6 explains, a key measure of the regime’s ability to secure the common heritage in these respects will be the extent to which it retains regulatory flexibility to adapt to new challenges. Chapter 6 also considers the existing framework for implementation, responsibility and enforcement, as underpinned by binding dispute resolution options. It concludes by assessing the position of corporate actors in terms of each of these aspects, as robust implementation options will be vital for achievement of the common heritage.