bluuebunny/crossref_metadata_2025_split huggingface dataset:
Personalized Law
Authors: Ben-Shahar Omri , Porat Ariel 
Published: June 2021

Abstract
We live in a world of one-size-fits-all law. People are different, but the laws that govern them are uniform. “Personalized Law”—rules that vary person by person—will change that. Here is a vision of a brave new world, where each person is bound by their own personally tailored law. “Reasonable person” standards would be replaced by a multitude of personalized commands, each individual with their own “reasonable you” rule. Skilled doctors would be held to higher standards of care; the most vulnerable consumers and employees would receive stronger protections; age restrictions for driving or for the consumption of alcohol would vary according to the recklessness risk that each person poses; and borrowers would be entitled to personalized loan disclosures tailored to their unique needs and delivered in a format fitting their mental capacity. The data and algorithms to administer personalized law are at our doorstep, and embryos of this regime are sprouting. Should we welcome this transformation of the law? Does personalized law harbor a utopic promise, or would it produce alienation, demoralization, and discrimination? This book is the first to explore personalized law, offering a vision of law and robotics that delegates to machines tasks traditionally performed by humans. It inquires how personalized law can be designed to deliver precision and justice and what pitfalls the regime would have to prudently avoid.
Assessing the Health System of a Country
Authors: Atun Rifat 
Published: June 2021

Abstract
Chapter 2 describes different definitions and conceptualizations of health systems. It presents a proprietary framework that adopts a systems view of health systems. In the authors’ framework they conceptualize health systems as a collection of functions that interact to produce outputs that in turn are used to produce outcomes. Health systems functions consist of organization and governance, financing, and resource management. These functions are used to produce health system outputs, namely public health services and personal healthcare services. Policymakers use policies to ensure the health system outputs are effective, efficient, equitable, and responsive to achieve the right level and distribution of health system outcomes, namely population health, financial protection, and user satisfaction. The health system is situated in a dynamic and changing context with which it interacts and is influenced by it. The context is shaped by demographic, epidemiological, political, legal and regulatory, economic, sociocultural, ecological, and technological changes and shifts that create opportunities and threats to which the health system must respond. Policymakers need to consider how to design health systems to ensure that they are not only responsive and resilient to the opportunities and threats created by contextual changes and shifts but also that they ensure the right balance of effectiveness, efficiency, equity, and responsiveness for the system outputs to achieve desired level and distribution of outcomes.
Insights From Systems Thinking
Authors: Atun Rifat 
Published: June 2021

Abstract
Chapter 7 presents three high-level insights that can be drawn from this book’s look at a health system from a systems thinking perspective. First, all health systems suffer from one of systems theory’s classic descriptive models called The Tragedy of the Commons, in which a scarce resource is consumed when a collective benefit (e.g., health insurance) is subsidized and its price to the user is less than the cost to produce it. Second, when viewed from a systems perspective of value-for-money, most health systems face competing objectives—satisfying individual’s demands for maximizing their own medical care and providing healthcare as a fundamental right of all citizens regardless of ability to pay. Third, to integrate these goals requires re-framing the way societies think about each. The authors describe double-loop learning, which is required when confronting second-order change. The latter term describes problems where it is necessary to redesign human perceptions for change to lead to improvement. Complex changes require double-loop learning, in which underlying interpretive conflicts and differing values and beliefs are surfaced and managed.
ARENA
Authors: Loxton James 
Published: June 2021

Abstract
This chapter examines ARENA in El Salvador and argues that, like the UDI in Chile, its success was the product of authoritarian inheritance and counterrevolutionary struggle. The first section discusses El Salvador’s long history of right-wing military rule. The second section examines the October 1979 coup and the resulting establishment of a left-wing Revolutionary Governing Junta. The third section discusses the intense counterrevolutionary response that the junta triggered. This included large-scale death squad violence, with future ARENA founder Roberto D’Aubuisson playing a key role. The fourth section examines the formation of ARENA in response to an impending transition to competitive elections. The fifth section shows how D’Aubuisson’s role as a high-level official in the pre-1979 military regime endowed ARENA with several valuable resources. The final section discusses how ARENA’s origins in counterrevolutionary struggle served as a powerful source of cohesion.
Conclusion
Authors: Loxton James 
Published: June 2021

Abstract
This concluding chapter considers the theoretical, empirical, and normative implications of the book’s argument. The first section discusses its contributions to two classic findings in the party-building literature about the importance of (1) mobilizing structures and (2) polarization and conflict. The second section shows that the authoritarian successor parties discussed in preceding chapters are part of a much larger phenomenon. It highlights the prevalence and diversity of authoritarian successor parties in Latin America in particular, discussing several additional cases not covered in previous chapters and presenting questions for future research. The final section considers the effects of authoritarian successor parties on democracy. It argues that while these parties can be harmful in several ways, they can also contribute to democratic stability by incorporating potential “spoilers” into the new regime—especially when they double as conservative parties.
Teacher, Preacher, Soldier, Spy
Authors: Grasso Christopher 
Published: June 2021

Abstract
Teacher, Preacher, Soldier, Spy: The Civil Wars of John R. Kelso is an account of an extraordinary nineteenth-century American life. A schoolteacher and Methodist preacher in Missouri, in the Civil War Kelso earned fame fighting rebel guerrillas. Seeking personal revenge as well as defending the Union, he vowed to slay twenty-five rebels with his own hand, and when he did so he was elected to Congress. In the House of Representatives during Reconstruction, he was one of the first to call for the impeachment of President Andrew Johnson. After his term in Congress, personal tragedy drove him west, where he became a freethinking lecturer and author, an atheist, a spiritualist, and, before his death in 1891, an anarchist. John R. Kelso was many things. He was also a strong-willed son, a passionate husband, and a loving and grieving father. The Civil War remained central to his life, challenging his notions of manhood and honor, his ideals of liberty and equality, and his beliefs about politics, religion, morality, and human nature. Throughout his life, too, he fought private wars—not only against former friends and alienated family members, rebellious students and disaffected church congregations, political opponents and religious critics, but also against the warring impulses in his own complex character. His life story, moreover, offers a unique vantage upon dimensions of nineteenth-century American culture that are usually treated separately: religious revivalism and political anarchism; sex, divorce, and Civil War battles; freethinking and the Wild West.
Conclusion
Authors: Grasso Christopher 
Published: June 2021

Abstract
Kelso had been a teacher, a preacher, a soldier, and a spy; a congressman, a lecturer, and an author; a Whig, a Radical Republican, a Democrat, and an anarchist; a Methodist, a spiritualist, and an atheist. His nineteenth-century American life was both ordinary and extraordinary. He was a representative man of nineteenth century America by embodying “modes of character” enmeshed in larger systems and principles not of his own making: the Evangelical Christian, the Enlightened Critic, the Sentimental Hero, and the Radical Reformer. These did not form a tidy sequence, one replacing the previous. Kelso displays, with his own peculiar vitality, the nineteenth century’s complex intermingling of sentimentality and rationalism, sympathy and self-assertion, aspiration and despair, violence and tears.
Ravana Center Stage
Authors: Richman Paula 
Published: June 2021

Abstract
Most dominant texts in the Ramayana tradition center on Rama as hero and Ravana as villain, but this chapter analyzes two innovative theatrical productions that have sympathetically represented Ravana’s life from his point of view. The oldest, a Kathakali work first staged in 1780, Rāvaṇodbhavam [Origins of Ravana], explores how Ravana’s determination to end his mother’s sorrow earned him rulership over the three worlds. The other, a Tamil mythological drama from the mid-1950s, Laṅkēswaraṉ [King of Lanka], concerns Ravana’s attempts to protect his daughter and begins in heaven, where he dwells after Rama slays him. Both plays illuminate phases of Ravana’s life absent from most devotional texts that glorify Rama; they were composed and first performed at a time of rupture in local political configurations, and point to other ideals of kingship than Rama’s reign.
Questions around Rām Vijay
Authors: Goswami Narayan Chandra , Dutta Parasmoni , Richman Paula , Bharucha Rustom 
Published: June 2021

Abstract
In conversation with Sri Narayan Chandra Goswami, the renowned sattradhikar (abbot) of the Natun Kamalabari Sattra in Assam, the co-editors of the volume, along with translator and annotator Parasmoni Dutta, raise questions relating to the history of the monastic Vaishnavite performance tradition Sattriya. Performed by monks as part of their devotional service in the sattras (monasteries) of Majuli in Assam, this tradition is attributed to the Assamese saint and social reformer, Sri Sankaradeva (1449–1568), whose play Rām Vijay is the only play in his oeuvre focusing on Ram through his marriage to Sita. Using the play as a catalyst for the discussion, Sri Narayan Chandra Goswami expounds on a range of issues—the socio-historical and cultural dimensions of Sattriya; its patronage by kings; its use as a popular means of proselytizing bhakti (a personalized devotional worship); and the representation of everyday life in the larger social and cultural context of the regional history of Assam.
Introduction
Authors: Katz Sanford N. 
Published: June 2021

Abstract
This introductory chapter traces the history of family law in America, which came of age during the last half of the twentieth century. Earlier, in practice, scholarship, and legal education, it was given little attention or respect. Perhaps the reason for the low status of family law practice, defined narrowly as domestic relations and almost exclusively concerned with divorce, was that it dealt with human conflicts and real people in distress, not legal abstractions. The legislative movement to recodify state family law, particularly divorce law, began mid-century. An important influence on divorce reform was the efforts of the Commissioners on Uniform State Laws. The Commissioners had been working on divorce law for seventy-five years before the Uniform Marriage and Divorce Act was promulgated in 1970. The Act brought clarity in laws on marriage, divorce, and child custody. The chapter then looks at the development of child protection practice and law. Ultimately, the legal landscape of today has been shaped by many factors: the movement for racial equality, children’s rights, women’s rights, gay and lesbian rights, and the social and legal agenda of certain religious groups.
Child Protection
Authors: Katz Sanford N. 
Published: June 2021

Abstract
This chapter studies the parent–child relationship through the lens of child protection laws, with emphasis on the issues of state intervention into that relationship. Throughout the history of the laws governing the complex relationship of parent, child, and state, there has been a struggle between parental authority and family privacy, on the one hand, and the state's responsibility of guarding the best interests of the child, on the other. The rhetoric has been that parents have the basic right to raise their children as they see fit, subject to their not overstepping the bounds of reasonableness in all aspects of childrearing. However, parental rights are not unlimited. Historically, the state, the ultimate parent who looks after all the children in society under the parens patriae concept, has a right to subject parents to public scrutiny and legal examination. In the United States, in the main, child protection in the form of child welfare services in the latter part of the twentieth century and the beginning of the twenty-first is basically the responsibility of the states. State social service agencies under the executive branch deliver certain social services themselves but more commonly for reasons of economy contract for foster care and adoption services with private social service agencies, which they monitor. The chapter then looks at the federal government's impact on the child protection systems in the states.
John Davenant and the Synod of Dordt
Authors: Lynch Michael J. 
Published: June 2021

Abstract
This chapter has as its focus the British delegation’s role in the formation of the Second Main Doctrine—on the extent of Christ’s atoning work—at the Synod of Dordt. After expositing a couple of key documents by James Ussher and John Overall, the chapter carefully inspects and summarizes never-before-studied manuscripts tracing the role of the British delegation in shaping the actual form of the Canons of Dordt on the extent of Christ’s work. Indeed, by looking at the British suffrage and their comments on the various early drafts of the Canons, this chapter undoubtedly proves that the Canons were written in such a way as to allow space for English hypothetical universalism within its confessional bounds.
Conclusion
Authors: Lynch Michael J. 
Published: June 2021

Abstract
This final chapter concludes this study of John Davenant’s hypothetical universalism. It reiterates the various arguments made throughout the work, especially revolving around Davenant’s relationship to the Reformed tradition. It concludes, based on the evidence of the work as a whole, that Davenant’s hypothetical universalism carries on a significant trajectory of Reformed theology reaching back into Augustinianism itself. Moreover, the chapter reckons that interpreters of English hypothetical universalism have too often lumped it together with French Amyraldianism. Finally, the chapter registers the difficulty De Morte Christi poses for the modern interpreter. It is hoped that this study alleviates some of that difficulty.
An Introduction to Proportionality
Authors: Cohen Amichai , Zlotogorski David 
Published: June 2021

Abstract
The first chapter of the book presents the basic definition of the principle of proportionality in International Humanitarian Law (IHL) as well as the reason this book was written—the major problems that currently exist regarding the understanding and application of proportionality. The chapter also explains how proportionality relates to the other primary principles of IHL, especially the principle of distinction and the principle of military necessity. The chapter further presents the basic legal texts in which the principle of proportionality appears. Finally, the chapter details the structure of the book and the different legal issues that will be discussed in this work.
Ethical and Constitutional Foundations
Authors: Cohen Amichai , Zlotogorski David 
Published: June 2021

Abstract
This chapter begins by tracing the historical sources of the principle of proportionality since antiquity. It then presents three possible justifications for this principle. First, the chapter discusses the Just War tradition of proportionality. It then moves on to explain why a utilitarian or rational view of IHL would also support the principle of proportionality. Next, the chapter discusses a justification for the principle of proportionality under the theory of IHL as a mode of societal and political control. The last part of the chapter places the discussion of proportionality in IHL in the wider context of the principle of proportionality as a general principle in constitutional and administrative law.
Procedural Aspects of Proportionality
Authors: Cohen Amichai , Zlotogorski David 
Published: June 2021

Abstract
In this chapter, it is suggested that the focus of the application of the principle of proportionality in practice lies in the procedural aspects of the principle—the precautions taken before an attack, the decision-making processes, and the institutions put in place in order to verify whether the rule of proportionality was applied. Based on this insight, the chapter concludes proportionality is a highly bureaucratized mode of operation, in which a specific set of procedures is followed. These procedures are justified both because they create a heightened awareness of the value of human lifes, and because they provide an effective way to control the actions of soldiers. The chapter then discusses several aspects of this procedural approach: the proper decision-maker; the requirement to provide advanced warnings; the duty to gather intelligence before an attack is launched; and the role of the military legal advisor.
The Future of Proportionality
Authors: Cohen Amichai , Zlotogorski David 
Published: June 2021

Abstract
The final chapter of the book presents three developments in modern warfare that might affect the way the principle of proportionality will be applied in the future. The first is the development of “image-fare”—the use of the way that the armed conflicts and their effects are perceived through the lenses of the media and social networks; second, cyber warfare, and its influence over the interpretations of proportionality; and third, the development of autonomous weapon systems. The chapter suggests that all these areas might change the way we perceive the principle of proportionality, and that further research should be directed at exploring these changes.
The Dangers of Forceful Countermeasures as a Response to Cyber Election Interference
Authors: Van De Velde Jacqueline 
Published: June 2021

Abstract
Cyberattacks are increasing in frequency, publicity, and impact, making significant cyber episodes a hallmark of modern foreign policy. One subset of these cyberattacks is state-supported interference in elections. For this form of election interference, existing international law offers states limited response options. This predicament has led some state officials and international legal experts to champion creative interpretations of international law that would allow forceful retributions—or “forceful countermeasures”—on cyber election interferers to dissuade states from conducting online election interference. This chapter explores both the existing international legal framework that apples to cyber interference in elections and the proposals to accept the possibility of forceful countermeasures. It concludes that although countermeasures are available above the use-of-force threshold, states should resist engaging in forceful countermeasures when addressing cyber election interference. States can employ other mechanisms, including drafting a new treaty regulating interference in the digital age, rather than stretching countermeasures doctrine beyond a prudent scope.
Election Interference
Authors: Ohlin Jens David 
Published: June 2021

Abstract
Foreign interference is a violation of the membership rules for political decision-making, that is, the idea that only members of a polity should participate in elections. Outsiders are free to express their opinions, but covertly representing themselves as insiders constitutes a violation of these political norms, which are constitutive of the notion of self-determination. The first section of the chapter briefly describes and analyzes Russia’s interference in the 2016 and 2018 U.S. elections. The second section focuses on the existing legal debate over election interference and why the existing literature has failed to capture its distinctive harm. Then, the third section outlines this harm as a violation of the membership rules for the election process, especially when outsiders masquerade as insiders in order to influence an election. The fourth section concludes that governments must ensure transparency in the deliberative process by exposing covert election interference in real time before the election is over. The fifth section addresses objections to this account.
Conclusion: An Outsider Looks In
Authors: Lin Herbert 
Published: June 2021

Abstract
For problems of foreign election interference, international law is an important vehicle for promoting cooperation and combating the worst forms of human (and other) behavior. Nevertheless, scholars of international law engage these problems from limited perspectives. For example, law (including international law) does not deal well with large-scale bad effects that may result from the commission of many unfriendly acts that are individually legally permissible. Nor does international law seem able to handle nonstate actors whose electoral impact crosses national borders. Put differently, what is the meaning of “foreign” election interference when domestic actors are often willing and able to do what a foreign adversary might wish them to do? One important class of domestic actor is the useful idiot—the citizen who is easily tricked into spreading a message that advantages the adversary. A second class of actor, especially relevant for U.S. elections, is the U.S.-based social media company whose free services foreign adversaries use to influence politically relevant messaging. Lastly, international law scholars would do well to question the fundamental psychological limitations on human “rationality” on which many of their putative solutions are based; collaboration with social and cognitive psychologists would help in this regard.
Christian Calling and the Ideal of Martyrdom in the Real World
Authors: Lundberg Matthew D. 
Published: June 2021

Abstract
Setting just war reasoning into its broader context, this chapter begins by examining the logic, weight, and dangers of the “realist” traditions of Christian ethics, especially Augustine, Niebuhr, and Bonhoeffer (one often acclaimed as martyr though implicated in violent resistance). It shows how Protestant theologies of “vocation” typically sanction the sword-bearing occupations of magistrate, soldier, and law enforcement official as potentially consistent with Christian discipleship and holiness. Recent discussions of “moral injury” in soldiers are considered in relation to this “calling” of sword-bearing for the common good. In dialogue with Roman Catholicism, the chapter elaborates a Protestant conception of sainthood that acknowledges the ambiguity of the world, a conception that occasions a return to the criteria identifying Christian martyrdom.