bluuebunny/crossref_metadata_2025_split huggingface dataset:
An Autonomy-Based Argument for Democracy
Authors: Wilson James Lindley 
Published: June 2021

Abstract
Democracy uniquely respects an important set of persons’ autonomy claims. Along with standard first-order autonomy claims to act without interference, persons have second-order autonomy claims to authority over the social context of their choice. These second-order claims are grounded in the same ideal self-direction that grounds first-order claims. One triggers another’s second-order claims when one directs another’s will by shaping the context of her choice, or when one implicates another’s will by shaping the nature of her responsibility for her actions. When a basic structure exists in which individuals continuously direct and implicate one another’s wills, each person has a second-order autonomy claim to authority over the terms of that structure. Because each person is equally entitled to respect for her autonomy, each is equally entitled to authority over the basic structure. Political equality—the equal authority of each citizen over the terms of common life—therefore uniquely respects these autonomy claims of each citizen. We therefore have non-instrumental, autonomy-based reasons to support democratic decision-making.
The Theoretical Foundations of EU Law
Authors: Walker Neil 
Published: June 2021

Abstract
This chapter investigates the contribution of legal theory in understanding the distinctiveness of law’s role in the EU. It does so by evaluating which theoretical approach, or approaches, generate the best conception of law’s place in a wider political vision of supranational community. Key candidate conceptions are positivism, culturalism, idealism, and pragmatism. For positivism, the focus is on ‘the authorized law’; for culturalism, ‘the appropriate law’; for idealism, ‘the good law’, and for pragmatism, ‘the law that works’. Whereas EU law lacks the direct democratic resources, the common cultural identity, and the plausible claim to universalism to support robust versions of positivism, culturalism, and idealism, its investment in the security and versatility of law in providing positive-sum policy outputs has instead supported a primarily pragmatic vision of law’s legitimacy. The chapter concludes by examining the fragility of excessive dependence on pragmatism in an environment where various crises increasingly undermine even modest levels of secondary reliance on positivist, culturalist, and idealist justifications, and by addressing the possibilities inherent in an alternative proceduralist model of EU law.
Accession to International Instruments as an EU Legality Constraint
Authors: De Witte Bruno 
Published: June 2021

Abstract
When the EU becomes a party to an international legal instrument, whether bilateral or multilateral, that international agreement is incorporated automatically in the EU legal order and becomes a legality constraint within that legal order, due to the recognition, by EU law itself, of the precedence of those international commitments over secondary EU law. In the multilevel European legal space, agreements concluded by the EU also become a legality constraint for the Member States of the EU, even if they are not parties to the international instrument themselves. Ensuring compliance with the EU’s international obligations sets in motion the adoption of internal legislation to implement those international obligations or to repeal existing EU law measures that are inconsistent with them; and the Court of Justice of the European Union can review the compliance of EU secondary law (and Member State law) with the EU’s international agreements. However, the Court has self-limited this review power through the development of a doctrine on the limited direct effect of international agreements.
From Classic Distinctions Between Legal Principles and Rules
Authors: Neves Marcelo 
Published: June 2021

Abstract
This chapter analyses the main theoretical currents that have addressed the matter of legal principles and rules before the explosion of the theory of constitutional principles. This is about the division between legal principles and legal rules based on the criteria of discretion, imprecision, and generality of these two types of legal norms, or on the criterion of their reference to goals and values. At this point, the general theory can hardly be distinguished from the constitutional conception of principles and rules. The chapter is divided into three sections: norms between texts and facts; imprecision, discretion, and generality as criteria for distinguishing between principles and rules; and reference to goals and values as a criterion for distinguishing between principle and rules.
Final Comment
Authors: Neves Marcelo 
Published: June 2021

Abstract
The final chapter deals with the metaphor expressed in the book’s subtitle, in order to consider what type of judge is best prepared to face and overcome the paradox of the relation between principles and rules in each concrete case: Judge Hercules or Judge Hydra? The answer will ultimately be the following: neither of them, but instead Judge Iolaus. Based on this metaphor, the paradox of constitutional principles and constitutional rules is presented as a special case of the paradox of justice in terms of systems theory: the paradoxical relationship between closure and consistency of legal system and its openness and adequacy to society. Rules relate primarily to the closure and consistency of law and principles concern primarily its openness and adequacy to society. While the former are associated predominately to the formal argumentation, the latter are linked first and foremost to the substantive argumentation. In this way, the ideas of ‘a single right answer’ and of optimizing balancing are rejected head on, and the precariousness of legal rationality is affirmed.
Introduction
Authors: Ivanič Suzanna 
Published: June 2021

Abstract
By combining the study of early modern everyday religion and the study of material culture, new light is shed on daily religious beliefs, practices, and identities. This chapter examines what the material record discloses about everyday religion in the light of new theoretical developments in material culture studies and studies of material religion in anthropology and sociology. It sets out how detailed, qualitative analysis of inventories and objects provides access to the inner devotional lives of Prague burghers. The analysis is embedded in a broader discourse of religion and material culture across the early modern world. It situates the study in a wider context by comparing and contrasting seventeenth-century Prague to milieus elsewhere in Europe.
The Back-to-Nature Crowd
Authors: Young Phoebe S.K. 
Published: June 2021

Abstract
By the 1960s and 1970s, generational dynamics and modern environmentalism fostered new camping experiences that led away from amenity-rich and resource-heavy family campgrounds. Youth who came of age in this era shaped new forms of camping to support interests in self-discovery, countercultural values, and environmental awareness. Organizers and participants of the National Outdoor Leadership School, launched in 1965, began to link backcountry camping with countercultural mindsets, personal freedom, and connection with nature. In so doing they experimented with new social contracts in microcosm, and after 1970 increasingly began to align their mission with environmentalist agendas. Echoing the popular belief that the personal is political, many began to embrace specific forms of camping like backpacking as a way of expressing their identity and viewpoints. The new popularity of minimum-impact forms of camping in turn generated a growing market for high-tech outdoor gear intended to enhance experience and advance conservation.
Introduction
Authors: Westerkamp Marilyn J. 
Published: June 2021

Abstract
Underscores the focus upon Anne Hutchinson, not ministers and magistrates, and lays out kay scholarship and the problems driving this study. Acknowledges scholarship upon sexual politics and patriarchal oppression, but turns attention to the questions: Hutchinson’s religious background, her belief that she had received revelations from God, and her charismatic leadership in Boston. The essay identifies scope of study, sixteenth and seventeenth centuries and transatlantic and provides a foreshadowing of the scholarship on Puritans as dissenters, Puritan radicalism and the appeal to women, and the transformation of New England’s religious culture.
The Puritan Experiment
Authors: Westerkamp Marilyn J. 
Published: June 2021

Abstract
This chapter describes the social and political background of English Puritanism and New England’s colonization, 1590–1645, through the lens of Hutchinson’s life and experience. It begins with Puritan politics in England (partly through the problematic career of Hutchinson’s father Francis Marbury), rising political and religious discontent, and the decision of many to emigrate. The chapter then explores the first fifteen years of Massachusetts’s history, emphasizing Winthrop’s personal political battles, church politics, and the colony's social divisions. The chapter analyzes this socio/economic/political world as a world of men, acknowledging that much of the Hutchinsonian crisis can be seen as a power battle among men. However, in this world Hutchinson played a dominant “male” role, faction leader, and while many have argued that she was treated like any male disrupter, in fact she was not. The chapter ends with the attacks upon her usurpation.
Sectarian Mysticism and Spiritual Power
Authors: Westerkamp Marilyn J. 
Published: June 2021

Abstract
This chapter explores the religious culture of Puritanism. Beginning with the amorphous, pluralistic character of early English dissenters, the chapter discusses the problem of establishing orthodoxy in Massachusetts, particularly the issues central to the Hutchinsonian crisis: sanctification as evidence of election, the conversion experience as evidence, and preparationism. From here the chapter considers the gendering of Puritan religiosity through the privileging of formal education and the rationalist preparation for grace and examines the construction of female spirituality as grounded in biology. The perceptions of woman as weak and woman as evil are developed in great detail. The chapter then places Puritan theologians’ understanding of women within a reconsideration of Puritans’ construction of sin, salvation, and election. It returns to conversion as a mystical experience available to all regardless of rank or gender, thus fostering a radical egalitarianism.
The New Federal Arbitration Law
Authors: Cohen Julius Henry , Dayton Kenneth 
Published: June 2021

Abstract
This article focuses on the federal arbitration law. On February 12, 1925, President Calvin Coolidge signed the United States Arbitration Law, which became effective on January 1, 1926. This act reversed the hoary doctrine that agreements for arbitration are revocable at will and are unenforceable, and in the language of the statute itself, they are made “valid, enforceable and irrevocable” within the limits of federal jurisdiction. There are three evils which arbitration is intended to correct: (1) the long delay usually incident to a proceeding at law, in equity or in admiralty, especially in recent years in centers of commercial activity, where there has arisen great congestion of the court calendars; (2) the expense of litigation; and (3) the failure, through litigation, to reach a decision regarded as just when measured by the standards of the business world. The article then argues that the proposed law rests upon the constitutional provision by which Congress is authorized to establish and control inferior federal courts. It also contends that sound public policy demands specific enforcement of arbitration agreements by the law.
Why the “Haves” Come Out Ahead: Speculations on the Limits of Legal Change
Authors: Galanter Marc 
Published: June 2021

Abstract
This article proposes some conjectures about the way in which the basic architecture of the legal system creates and limits the possibilities of using the system as a means of redistributive change. Specifically, the question is under what conditions litigation can be redistributive, taking litigation in the broadest sense of the presentation of claims to be decided by courts. Because of differences in their size, differences in the state of the law, and differences in their resources, some of the actors in society have many occasions to utilize the courts; others do so only rarely. One can divide these actors into those claimants who have only occasional recourse to the courts (one-shotters) and repeat players who are engaged in many similar litigations over time. The article then looks at alternatives to the official litigation system.
Varieties of Dispute Processing
Authors: Sander Frank E.A. 
Published: June 2021

Abstract
This article explores various dispute resolution mechanisms, assessing how they can be utilized so that one can develop some rational criteria for allocating various types of disputes to different dispute resolution processes. With the development of administrative law, the delegation of certain problems to specialized bodies for initial resolution has become a commonplace. Within the judicial sphere, too, specialized courts have been developed to handle family problems and tax problems, among others. While the mediation-arbitration model is useful, another device that bears further utilization is the screening-adjudication model. Ultimately, the article advocates for a flexible and diverse panoply of dispute resolution processes, with particular types of cases being assigned to differing processes, according to some of the criteria.
Sponsoring Castro’s Refugees
Authors: Stockhausen Ulrike Elisabeth 
Published: June 2021

AbstractThis chapter covers evangelical churches’ responses to Cuban refugees between 1959 and 1965, which constituted the first large-scale refugee resettlement initiative by a large evangelical denomination, as well as a well-established public-private partnership between the US government and evangelical churches. Evangelicals, particularly Southern Baptists, provided relief for and sponsored Cuban refugees as an outgrowth of their anticommunism as much as out of their religiously motivated missionary zeal. The Southern Baptist Convention—the nation’s largest Protestant denomination—resettled more than a thousand Cuban refugees. Southern Baptist refugee sponsors provided a roof to sleep under, furnished refugees’ new homes with blankets and kitchen appliances, secured employment for the families’ breadwinners, and enrolled Cuban children in school and the adults in English language classes. While not involved in resettlement, the Pentecostal Assemblies of God shared the Southern Baptists’ missionary zeal and catered to Cuban refugees’ material and spiritual needs.
Epilogue
Authors: Stockhausen Ulrike Elisabeth 
Published: June 2021

AbstractThe epilogue addresses the contradictions in evangelicals’ current attitudes about refugees and immigrants. It explores diverging attitudes and responses to the 2015 refugee crisis as well as to the travel ban and the separation of families at the southern US border in the first years of the Trump presidency. Applying the book’s argument that politics has shaped evangelicals’ theology in their views on immigration, these divisions on immigration are placed in the context of other issues that have produced cracks in the evangelical movement, such as gun control or LGBTQ rights.
What Is Personalized Law
Authors: Ben-Shahar Omri , Porat Ariel 
Published: June 2021

Abstract
This chapter introduces the paradigm of personalized law as a distinctive jurisprudential method. It is a particular version of contextual law characterized by individualization: legal commands depend not only on external circumstances, but also on interpersonal differences between people. To identify with precision the relevant differences, and to use these features in a properly weighed manner, personalized law relies on machine-sorted information. For example, algorithms would be trained to identify personal attributes correlated with riskiness, so as to tailor personalized standards of care. The chapter identifies embryonic versions of personalized rules in existing and in old legal systems, to demonstrate that even when legal rules are formally uniform, personalized commands sometimes emerge in their shadow. It also shows the prevalence of private personalized regulation, whereby non-governmental entities develop personalized norms to regulate commercial, religious, and household domains.
Personalized Regulatory Techniques
Authors: Ben-Shahar Omri , Porat Ariel 
Published: June 2021

Abstract
This chapter expands the demonstration how personalized law would transform existing legal institutions. The chapter shifts the focus from specific doctrines to regulatory techniques. These are generic approaches to the design of legal interventions, used in every area of law. The chapter examines the personalization of several techniques: default rules, mandated disclosures, compensatory damages, and bundles of rights. With each of these tools, the law presently prescribes one-size-fits-all rules, designed to either best fit the average person, or to promote the interests of a specific subgroup of the population. By shifting to personalized rules, the law could simultaneously advance the interests of different groups and individuals. The chapter shows that designing personalized default rules, disclosures, damages, or bundles of rights would promote the goals underlying these interventions. Personalized default would mimic peoples’ preferences more successfully and reduce the incidence of opt-out. Personalized disclosures stand a chance of being more useful to people. Personalized compensation would come closer to making victims of wrongs whole. And personalized bundles of rights would recognize the diversity of people’s interests and aspirations.
Personalized Law and Equal Protection
Authors: Ben-Shahar Omri , Porat Ariel 
Published: June 2021

Abstract
This chapter examines personalized law from the perspective of the Equal Protection Clause in the United States Constitution. Some classifications of people, when made for the purpose of differentiated treatment, are subject to stifling doctrinal constraints. Could such classifications be made under personalized law? The chapter argues that personalized law mitigates the constitutional concerns relating to suspect classifications. Treating people as individuals, using multi-attribute data-weighed tailoring, and not as identical members in a certain class, is permissible because members of the class are not singled out for class-specific uniform treatment. The chapter examines landmark Supreme Court cases on sex and race classifications, showing that the limits set by the Court and the narrow permission it granted for some uses of classifications, all fit well within a scheme of personalized law. In addition, the chapter examines problems of unintended disparate impact that could arise under personalized law, and demonstrates the unique advantage of the algorithmic methods fueling personalized law in reducing and eliminating such effects.
Manipulation
Authors: Ben-Shahar Omri , Porat Ariel 
Published: June 2021

Abstract
This chapter examines a potential distortion that personalized rules might breed: manipulation. Anticipating ways in which their personal traits might affect their legal treatment, people could make socially undesirable choices in order to qualify for more favorable commands. If, for example, one’s investment in improved technical skills leads to an increase in the personalized standards of care under tort law, the incentives to invest might be chilled. The chapter examines various forms of manipulation. It first discusses the distorted incentive to develop human capital. It then explores the possibility of “pretending”—people’s attempts to change not their underlying traits but their appearance. It also demonstrates a third problem, “arbitrage,” where people circumvent the personalized treatment by operating through agents or purchasing superior legal treatments from others. Recognizing this array of manipulative strategies, the chapter than offers two responses. It argues that the scope of the manipulation problem is minor, first because each personal trait has typically only a small incremental effect on any legal command. Second, in cases where manipulation is potentially significant, non-manipulable inputs could be used.
Good Morning, Atlantis!
Authors: Rowlands Mark 
Published: June 2021

Abstract
This chapter describes the problems facing a particular coastal metropolis—Miami, Florida—in the face of sea-level rise induced by climate change. The science underlying sea-level rise is outlined, and important concepts such as marine ice cliff instability are introduced. Sea-level rises of between 1 and 7 feet can be expected by 2100, although where in this range such rises fall is a matter of significant uncertainty. Sinking beneath the waves—which would, barring significant architectural interventions, occur when sea-level rise reaches 5 to 7 feet—is the least of Miami’s problems. It will cease to exist as a viable city long before this, due to problems with water supply and disposal of wastewater, and the resulting financial crises engendered by this. Sea-level rise is far from the worst problem engendered by climate change. We focus on it only because it is easily quantified.
The Great Dying
Authors: Rowlands Mark 
Published: June 2021

Abstract
The benefits of no longer eating animals extend beyond climate mitigation. It will also mitigate current species extinction trajectories. This chapter looks at the history of human-caused extinctions. A great extinction occurs when a percentage of a species dies out (e.g., 75%). A mass extinction occurs when the actual rate of extinction exceeds the normal background rate by a certain margin (e.g., 1000×). There are good reasons for thinking that a mass extinction of species is currently occurring. Humans are the cause of this, as they have been the cause of all major extinction pulses since the Quaternary period. This chapter examines one of the Quaternary extinction pulses of 8000–11,500 years ago and defends the hominin paleobiogeography hypothesis, that is, that humans were substantially responsible for this pulse of extinctions. An undue focus on extinction, however, can mask the harm we are currently doing to species.
Introduction
Authors: Grasso Christopher 
Published: June 2021

Abstract
A through-line in Kelso’s multifaceted life is his commitment to manhood. “Manhood” in nineteenth-century America was about more than the gendered distinctions between the masculine and the feminine. It was what distinguished the human from the beast, and the adult from the child. It had both political and economic characteristics. It demanded that the man take action according to the dictates of conscience. Moreover, there were different dialects of manliness, even among men of the same race, class, ethnicity, and region: competitive or fraternal, passionate or stoic, explosively violent or piously persevering. For Kelso manhood was at once an expectation for all adult males, a quality of character to be developed and expressed, and a prized achievement earned from others. This theme helps us see how aspects of nineteenth-century American culture that might seem worlds apart were in fact experientially connected.
I Will Rule
Authors: Grasso Christopher 
Published: June 2021

Abstract
Kelso spent his first nine years, in the 1830s, in a crude cabin in backwoods Ohio with his parents and six siblings. He later told tales of wilderness life: an attack by wolves, a swarm of pigeons, an army of hungry squirrels. He remembered his mother beating his backside with a beech limb when, after trying to teach goslings to swim by holding them underwater, he drowned them. Thinking his baptism was another punishment for misbehavior, he tried to run away, and then, when captured, bit the minister in the leg. Descended from a line of independent Scots, he thought his name meant “I will rule.”