bluuebunny/crossref_metadata_2025_split huggingface dataset:
The Structure of Defeat
Authors: Graham Peter J. , Lyons Jack C. 
Published: April 2021

Abstract
Epistemic defeat is standardly understood in either evidentialist or responsibilist terms. The seminal treatment of defeat is an evidentialist one, due to John Pollock, who famously distinguishes between undercutting and rebutting defeaters. More recently, an orthogonal distinction due to Jennifer Lackey has become widely endorsed, between so-called doxastic (or psychological) and normative defeaters. We think that neither doxastic nor normative defeaters, as Lackey understands them, exist. Both of Lackey’s categories of defeat derive from implausible assumptions about epistemic responsibility. Although Pollock’s evidentialist view is superior, the evidentialism per se can be purged from it, leaving a general structure of defeat that can be incorporated in a reliabilist theory that is neither evidentialist nor responsibilist in any way.
Palestinian Transnational Social Field and Diaspora Entrepreneurs
Authors: Koinova Maria 
Published: April 2021

Abstract
This chapter and the following Chapter 7 are interconnected as they both discuss Palestinian diaspora mobilizations. This chapter focuses on the transnational social field and the four types of diaspora entrepreneurs connected not simply to the West Bank and Gaza but also to Jerusalem, Palestinian camps in Lebanon, Jordan, Egypt, and other fragile states in the Middle East. The 1948 ‘great dispersal’ of Palestinians became a pivotal point for refugee migration and subsequent commemoration in the diaspora. The PLO secularist nationalist movement and Islamic movements have developed rich exile politics since the 1970s–1980s. The 1993 Oslo Accords presented an opportunity for embedding the diaspora-based PLO into homeland territory and establishing an internationally endorsed local government under PNA leadership. Islamic networks existed in parallel, drawing more strength from the failed peace process and gaining momentum with the second intifada after 2000. It paved the way for Hamas to win elections in 2006 and establish alternative governance in Gaza, which has been disputed ever since. The polarization of domestic politics was transposed to the diaspora. There are many disagreements in this field on what is the main goal of the Palestinian cause beyond ending occupation of the Palestinian territories. For some, achieving statehood is important, advocating either a two-state or a one-state solution. For others, a solution for refugee return needs to be prioritized. This chapter presents data on migration in the Palestinian field, in the Middle East and globally, and specifies the individual profiles of Palestinian diaspora entrepreneurs.
Conclusions
Authors: Koinova Maria 
Published: April 2021

Abstract
Chapter 11 summarizes the two-level typological theory and empirical evidence from the three transnational social fields of the Armenian, Albanian, and Palestinian diasporas. A chart summarizes how the different types of diaspora entrepreneurs are more or less present on the nine causal pathways, followed by a discussion. A causal pathway, even if not always present in each case, gets repeated across the three transnational social fields, hence allowing for comparative generalization. The chapter demonstrates the relevance of this book’s findings to recent conversations about diasporas’ public diplomacy, soft power, authoritarian states’ outreach to diasporas abroad, and the diasporas’ autonomy. It appeals to look at how homeland governments, non-state actors, and political parties have different capacities to penetrate the diaspora and engage specific personalities within it. Preliminary empirical evidence shows how the theoretical approach of this book speaks to other cases. The evidence relates to diaspora linkages to other de facto states (Tamil Eelam, Taiwan), a stateless diaspora related to multiple fragile states in the Middle East (Kurdish), diasporas linked to both weak and fragile states (Bosnia-Herzegovina, Syria), and to relatively stronger states with significant diasporas abroad (Bulgaria, Poland and Ukraine). The conclusions feature policy recommendations.
NGOs
Authors: Carayannis Tatiana , Weiss Thomas G. 
Published: April 2021

Abstract
The chapter examines the main tasks of NGOs and how they are related to the achievement of their missions and to those of the United Nations. The history of NGO links to the Third UN—including an official role in the UN’s constitution, Charter Article 71—as well as the various distinctions between them and other non-state actors provides an essential building block for the book. Detailed cases concern efforts to alleviate the plague of landmines (the International Campaign to Ban Landmines, ICBL), to improve international judicial pursuit (the Coalition for the International Criminal Court, CICC), and to set the agenda for sustainable development (the conversations leading to the formulation and adoption of the Sustainable Development Goals, or SDGs).
Fitter for Purpose?
Authors: Carayannis Tatiana , Weiss Thomas G. 
Published: April 2021

Abstract
This chapter asks whether the world organization can become fitter for purpose. An essential motivation for getting right the understanding of the Third UN is the need to identify the comparative advantages and disadvantages of the “whole” organization. It is especially challenging to identify how the UN should act in the era of information disorder and public health pandemics, and thus how a variety of knowledge brokers from the Third UN can help the UN think. The task to analyze what the UN can and cannot do, as well as how to make it fitter-for-purpose, should have been undertaken more vigorously and earlier. However, it is even more crucial in the age of new nationalisms and populisms. In light of the 2020 coronavirus pandemic and global economic meltdown, the breakdown of international cooperation and the pressing need for a robust multilateral system could not be more obvious, even if it is not clear to new nationalists.
Atomic Forces and Tunneling
Authors: Chen C. Julian 
Published: April 2021

Abstract
This chapter presents a unified theory of tunneling phenomenon and covalent bond force, as a result of the similarity between the Bardeen theory of tunneling and the Herring-Landau theory of the covalent bond. Three general theoretical treatments are presented, which show that tunneling conductance is proportional to the square of the covalent bond interaction energy, or equivalently, the square of covalent bond force. The constant of proportionality is related to the electronic properties of the materials. For the case of a metal tip and a metal sample, an explicit equation contains only measurable physical quantities is derived. Several experimental verifications are presented. The equivalence of covalent bond energy and tunneling conductance provides a theoretical explanation of the threshold resistance observed in atom-manipulation experiments, and points to a method of predicting the threshold resistance for atom manipulation. Theory of imaging wavefunctions with AFM is discussed.
Atomic-Scale Imaging
Authors: Chen C. Julian 
Published: April 2021

Abstract
This chapter discusses the imaging mechanism of STM and AFM at the atomic scale. Experimental facts show that at atomic resolution, tip electronic states play a key role. Analytic theoretical treatments provide quantitative explanation of the effect of the tip electronic states. On transition-metal tips, first-principle studies unanimously show that d-type tip electronic states dominate the Fermi-level DOS. First-principle studies of the combined tip-sample systems show that for both STM and AFM, the p- and d-type tip electronic states are the keys to understanding the atomic-scale images. The case of spin-polarized STM and the chemical identification of surface atoms are also discussed in terms of tip electronic structure. The chapter concludes with discussions of experimental verifications of the reciprocity principle: at atomic resolution, the role of tip electronic states and the sample electronic states are interchangeable.
Consent-based Implied Bare Licences
Authors: Mysoor Poorna 
Published: April 2021

Abstract
This chapter examines consent-based implied bare licences, considering situations where the copyright owner impliedly grants a licence gratuitously, meaning nothing (whether payment or any other form of consideration) flows to the copyright owner in return for the licence. The modern relevance of a consent-based implied bare licence lies in its application to the copyright work placed on the internet by its owner or with her consent. It examines the case law in the light of the framework proposed in Chapter 3, that separates the conduct of consenting separately from the knowledge required to consent. It also discusses the revocability of bare licences. A consent-based bare licence can be revoked, since the ability to grant such a licence and to revoke it (upon reasonable notice) both originate from the powers of the copyright owner. However, there are situations where these licences cannot be revoked, and the courts have ascribed proprietary estoppel as the reason for irrevocability.
Licences Implied by Custom
Authors: Mysoor Poorna 
Published: April 2021

Abstract
This chapter focuses on licences implied by custom. A custom in this context represents the conduct of a community (of members of a trade, profession, industry, or market), as opposed to an individual copyright owner enabling the copyright work to be used in a particular way. So long as the community within which the custom is alleged represents the copyright owner, the community’s conduct will be taken as being on behalf of the copyright owner. Once established, a custom does not require validation by a court of law for it to be binding, so that a custom becomes an independent source of power that drives the implication of a copyright licence. Also, once established, a custom can be the basis for implying both a bare licence and a contractual licence, depending on the content of the custom. Therefore, the chapter analyses the case law within a single framework for implying both bare and contractual licences. It builds on the criteria developed by the courts in commercial law to establish a custom (certainty, notoriety, and reasonableness), incorporating factors specific to the copyright context.
Final Remarks
Authors: Mysoor Poorna 
Published: April 2021

Abstract
This concluding chapter explores the advantages of implied licences not only in the offline, but especially in the online world. It sums up the justifications for the conception of ‘implied’ and ‘licence’ adopted in this monograph. It also explains how when faced with the facts and circumstances of a case, how one may ascertain which basis for implying a copyright licence might apply. While acknowledging that express words can override implied licences, it explains why it is not a significant limitation on the usefulness of implied licence, arguing that implied licence can and will continue to play a significant role in copyright law. The growing body of case law on implying a term into a contract is a testament to the fact that there are never going to be complete or comprehensive contracts. There will always be the need to fill in gaps, by way of implying licences based on the conduct of the copyright owner or to give effect to a custom or a policy. The chapter then looks at how implied licences have the potential to play a greater role after the Exit Day.
The Asian Infrastructure Investment Bank
Authors: Xu Jiajun 
Published: April 2021

Abstract
The chapter tackles three key questions: why the Asian Infrastructure Investment Bank (AIIB) was established; what is the likely evolution of the AIIB’s mandate; how to compare the AIIB’s infrastructure financing with that of the ADB. The author finds that, first, China undertook the leadership to establish the AIIB, not only because the existing US-led MDB and RDB—notably the World Bank—failed to provide sufficient infrastructure financing, but also, more importantly, China was impatient with the slow progress in the governance reform of the existing MDB and RDB. Second, the core mandate of the AIIB is unlikely to shift in the foreseeable future, notably because the Bank was set up to redress the problem of the proliferating development agenda in the existing MDB. Third, compared to the ADB, the AIIB has a much clearer focus on infrastructure financing with a rapidly growing membership and a non-resident Board. The AIIB’s operations will expand quickly.
Prostitution and Subjectivity in Late Medieval Germany
Authors: Page Jamie 
Published: April 2021

Abstract
Prostitution played a major role in structuring medieval gender relations. Prostitutes were seen to be an example of extreme female sinfulness which all women risked falling into, while at the same time prostitutes themselves were seen to play a vital social role in many towns by providing a sexual outlet to unmarried men. This book is the first full-length study of medieval prostitution to focus primarily upon how gender discourse shaped the lives of prostitutes themselves. It is based on three legal case studies from the late medieval empire which examine constructions of subjectivity between the period c.1400–1500. This period saw the rapid rise of tolerated prostitution across much of western Europe and the emergence of the public brothel as a central institution in the regulation of social order, followed by its equally rapid suppression from the early 1500s. By analysing how individuals interacted with cultural discourses surrounding the body, sexuality, and sin, the book explores how the concepts that defined prostitution in the Middle Ages shaped individual lives, and how individuals were able—or not—to exert agency, both within the circumstances of their own lives, and in response to official attempts to regulate sexual behaviour.
‘⟮T⟯his miserable, shameful life’
Authors: Page Jamie 
Published: April 2021

Abstract
This chapter focuses upon the interrogation record of a woman named Gerdrut Birckin, questioned in Augsburg in 1497 initially on suspicion of theft before being accused of whoredom. It places Gerdrut’s experience in the larger context of the ‘new moralism’, an era which saw civic authorities in the empire increasingly concerned to punish sexual sin in individuals. It argues that the subject position of the whore was used by the Augsburg judges as a weapon to dominate Gerdrut in the interrogation and destroy her agency, part of a performance of moral authority which was to expand significantly towards the Reformation, when civic prostitution ceased to have a function in most German and Swiss cities
Introduction
Authors: O'Meara Chris 
Published: April 2021

AbstractChapter 1 introduces the topic and explains the book’s context, purpose and importance. The chapter elaborates on how the International Court of Justice, scholars and states have approached necessity and proportionality and situates the book in relation to the current understanding of each requirement. The chapter proceeds to examine the provenance of necessity and proportionality (including consideration of the much-celebrated Caroline incident), as well as explaining the approach that this author takes to explore their contemporary meaning. Chapter 1 concludes by offering some initial observations on the nature and function of necessity and proportionality and the purposes of the right of self-defence that frame and underpin the subsequent analysis.
How is the line drawn?
Authors: Sutton Rebecca 
Published: April 2021

Abstract
This chapter presents distinction as a performance and conveys the dynamism of everyday distinction practices. Distinction takes on an explicit visual life in the Kinetic realm: humanitarian actors deploy signs and symbols, and they carry themselves in deliberate ways to show they are distinct. Everything in these practices is a matter of degree and subtle gradation. Other international actors emerge here as potential sources of contamination, including actors who would be entitled to civilian protection in IHL. Humanitarian actors embark on dogged attempts to assert distinction from these other actors, but distinction is always already compromised. While the possible futility of their distinction project leads some humanitarian actors to rally behind distinction even more strongly, other humanitarians balance distinction with other pressing priorities. In the civil–military training spaces, international military and peacekeeping actors voice incredulity at the logic of humanitarian distinction practices. From the perspective of these other actors, humanitarians are behaving erratically and prevaricating. The Intellectual realm focuses on the civilian concept, locating a continuum of ‘civilianness’ in international law. The discussion examines qualities that have historically been associated with civilianness—such as harmlessness, innocence, and non-participation in fighting—and highlights the shifting relevance of an armed/unarmed marker. Engaging with the adjudication of crimes against humanity cases in the Hague, it is shown that even in international tribunals civilianness might be a matter of degree. The chapter closes by introducing three unfamiliar figures: the ‘civilian plus’, ‘mere civilian’, and ‘civilian minus’.
Introduction
Authors: Wiland Eric 
Published: April 2021

Abstract
When we don’t know what to do, we often go to others for help, and we sometimes trust what they say. Pessimists about moral testimony think that there is something problematic about relying upon others for forming our views about what’s right and wrong. They think it is much better to grasp moral truths by oneself. This book argues for exactly the opposite view: it is better to be guided by others than to grasp moral truths by oneself. This Introduction gives a very concise chapter-by-chapter overview of the book.
Autonomy and Moral Testimony
Authors: Wiland Eric 
Published: April 2021

Abstract
This chapter examines whether accepting moral testimony is incompatible with being autonomous, and argues that it is not; in fact, accepting moral testimony turns out to be an exercise of autonomy. One might think that one should not accept testimony about things knowable a priori, but this chapter argues there are counterexamples to this generalization. It is also reasonable to think it violates autonomy to believe moral truths for only testimonial reasons, but this is true of many nonmoral truths as well, and so presents no peculiar problem for moral testimony. Next, this chapter argues that our moral views are already shaped in unbeknownst ways by others. It is more autonomous to take some control over how your moral views are shaped by others than for their influence over you to happen entirely behind your back.
The Nature of Advice
Authors: Wiland Eric 
Published: April 2021

Abstract
This chapter distinguishes advice and moral testimony, distinguishes advice from command, and explains what it is to trust advice. One who accepts moral testimony believes something he might not otherwise believe, while one who trusts advice does something he might not otherwise do. Trusting advice is more directly practical than is accepting moral testimony. Advice is apt only if it directs the advisee to do what he, in some sense, already had reason to do; there is no parallel constraint on command. However, advising someone to do something can generate new reasons for them to do what they already had reason to do. Moreover, advice is apt only if the advisee would, upon hearing it, have some motivation to do what’s advised.
Reversing the Industrial Revolution
Authors: Hornborg Alf 
Published: April 2021

Abstract
This chapter argues that energy technologies should be understood in terms of asymmetric global resource transfers and environmental load displacements. The fossil fuel technologies inaugurated during the Industrial Revolution and the renewable energy technologies designed to replace them are similarly entangled with such societal asymmetries. Both represent social strategies of time-space appropriation within a highly unequal world-system generated by the polarizing logic of all-purpose money. The dependence of modern technology on asymmetric flows of embodied labour time, land, matter, and energy is effectively obscured in mainstream economics by the exclusive focus on prices and market mechanisms. Given the land-saving logic of the turn to fossil energy, it is pertinent to ask whether a turn to renewables would imply a return of land constraints. To perceive modern technologies simply as politically neutral instruments for harnessing natural forces, disregarding their demands on land and other resources beyond the technological infrastructure itself, is an example of fetishism.
Small, Local, and Low-Tech Firms as Agents of Sustainable Change
Authors: Nesterova Iana 
Published: April 2021

Abstract
With severe ecological degradation unfolding, the strong sustainability approach underpinned by ecological economics calls for a post-growth vision of the economy. This chapter adopts a philosophical perspective of critical realism and argues that such a vision of the economy does not arise on its own. It is the result of intentional transformation of structures by agents, the result of sustainable change. The chapter proposes small, local, and low-tech firms as agents of sustainable change. Such agency needs to be operationalized, which should be done via the development of the moral agency of individuals. The chapter warns that sustainable change is not an easy undertaking, since agents are constrained by structures which operate against it. It concludes that it is not merely concrete practices, but moral agency and the values and world views of individuals that need to receive more attention in investigating sustainable change and bringing about a post-growth world.
The Legal Mechanics of Spanish Conquest: War and Peace in Early Colonial Peru
Authors: Lorca Arnulf Becker 
Published: April 2021

Abstract
Whereas Anuschka Tischer’s chapter focusses on the early modern war discourse in Europe, Arnulf Becker Lorca in this chapter examines the legal mechanics of conquest in early colonial Peru. Conventional and postcolonial legal histories focus on the recognition of the indio as free subject, a reaction to the excesses of conquistadores that marked the beginning of the legal regulation of conquest. In contrast, this chapter shows that conquest from the beginning was a regulated enterprise. The law offered a mechanics of conquest. But this law was not only for the Spanish, but also for natives, including Inca elites to manoeuvre. Where conventional histories see in the law a promise of peace between Spaniards and natives, postcolonial histories (presented by Mallavarapu and Chimni in this volume) see a justification of war. In this chapter, we will see a continuum between war and peace with plenty of room for Spanish violence, with some room for Inca resistance, and with a potential, although limited, space for coexistence between the two.