bluuebunny/crossref_metadata_2025_split huggingface dataset:
Introduction
Authors: Orenstein Mitchell A. 
Published: April 2019

Abstract
This introductory chapter outlines the core argument of the book: that as Russia ramped up its hybrid war on the West starting around 2007, politics in Western countries has become more similar to politics in the vulnerable “lands in between.” Russia’s hybrid war on the West has contributed to political polarization by promoting extremist parties and creating a sense that every election presents voters with a “civilizational choice” between Russia and the West or authoritarianism and democracy. Paradoxically, many of the leaders that rise to the top in these conditions are those who find ways to profit from both sides. They benefit from the sponsorship of pro-Russia and pro-Western interests to enrich themselves in the process. The plan of this book is simple. It starts with exploring the nature of Russia’s hybrid war on the West and the West’s delayed response. Then it shows how this conflict shapes the politics of the lands in between, Central and Eastern European member states of the European Union, and core Western countries.
Russia’s Hybrid War on the West
Authors: Orenstein Mitchell A. 
Published: April 2019

Abstract
Russia’s hybrid war on the West started in 2007, but was only widely recognized in the West after President Putin’s return to the presidency of Russia in 2012, Russia’s invasion of Crimea in 2014, and its meddling in the US presidential election campaign in 2016. For five years, Western leaders failed to recognize or to believe that Russia was engaged in an all-out struggle to undermine Western institutions through funding extremist, anti-EU, and anti-NATO political parties, spreading disinformation and propaganda, hacking and releasing information, and using a wide variety of covert means to influence elections and undermine democratic governance. Since the very existence of this hybrid war has been questioned and politicized, this chapter lays out the basics and addresses the question of what led Russia to launch its hybrid war on the West.
The Awakening and Preaching
Authors: Kloes Andrew 
Published: April 2019

Abstract
This chapter examines how many early nineteenth-century German Protestant clergy assumed that the gospel had become either neglected, forgotten, or misunderstood by most of the members of their churches. Their convictions regarding such a supposed state of Protestant religious life prompted a distinctive type of preaching. The form and contents of their messages were intended to “awaken” those who heard it to faith in Christ, repentance of sins, and a life of Christian obedience. The preachers of the religious awakening were generally characterized by an irenic ecumenical disposition. This was born out of their fears that the essence of Christian faith was in danger of being lost and, thus, that it was important for them to cooperate with generally like-minded believers from other church traditions. The unusual degree of popular resonance with which certain local pastors’ sermons were received transformed them into well-known regional religious leaders.
Conclusion
Authors: Kloes Andrew 
Published: April 2019

Abstract
This chapter concludes the book by discussing how the Awakening movement may be conceptualized in five ways. The Awakening was orthodox. It was a response against certain doctrinal and theological developments that had appeared within the Protestant churches during the religious Enlightenment. The Awakening was pietistic. It sought to reform the Protestant churches of Germany through the spiritual revival of their constituent members. The Awakening was ecumenical. Lutherans and the German Reformed worked together with like-minded Catholics, who shared their conviction that the basic Christian message had become corrupted, forgotten, or ignored in many places in Germany. The Awakening was international. Awakened Protestants in Germany and evangelicals in Britain exercised influence upon each other through the exchange of models for new religious initiatives and works of academic theology. The Awakening was modern. The Enlightenment brought new civic freedoms to Germany, which enabled awakened Protestants to pursue their religious goals.
Dispelling Illusions of Rigor
Authors: Friedman Jeffrey A. 
Published: April 2019

Abstract
This chapter explores the psychology of assessing uncertainty in international politics. It presents a series of survey experiments that test important concerns about the extent to which transparent probabilistic reasoning could potentially warp the quality of foreign policy analysis and decision making. The most important of these concerns is the idea that clear assessments of uncertainty create illusions of rigor that make leaders insensitive to risk. Contrary to this assertion, the chapter’s experimental evidence suggests that decision makers’ choices are sensitive to subtle variations in probabilistic reasoning, and that making this reasoning more transparent encourages decision makers to be more cautious when placing lives and resources at risk. These experiments involve hundreds of real national security professionals and thousands of non-elite respondents.
The Politics of Uncertainty and Blame
Authors: Friedman Jeffrey A. 
Published: April 2019

Abstract
This chapter explores the politics of assessing uncertainty in international affairs, particularly the notion that clear probability assessments expose foreign policy analysts to excessive criticism. Although this idea is widespread among scholars and practitioners of international relations, there is just as much reason to believe that the opposite is true. If foreign policy discourse is truly as polarized as the conventional wisdom suggests, then leaving key judgments vague could actually increase blame exposure by giving critics the opportunity to make ambiguous statements seem more mistaken than they really are. The chapter supports this claim by combing experimental evidence in a historical review of perceived intelligence failures such as the Bay of Pigs invasion, the Yom Kippur War, and assessments of Iraq’s weapons of mass destruction programs.
Introduction
Authors: Alexander Robert M. 
Published: April 2019

Abstract
This chapter examines common arguments surrounding the Electoral College. Many of these arguments were present with the 2016 presidential election. The election marked the sixth time the popular vote winner did not win the Electoral College vote. It also witnessed the largest number of faithless votes for president in history. Lastly, it marked the second time in the last three elections that a state split its electoral vote total. Each represents a common criticism of the institution. Proponents of the body suggested the institution worked as it should—especially in regard to protecting the interests of less populated states and supporting the two-party system. All arguments over the Electoral College ultimately relate to issues over representation. The chapter concludes by examining historical controversies relating to the Electoral College and several reform efforts aimed at the body.
Presidential Electors as Agents of Representation
Authors: Alexander Robert M. 
Published: April 2019

Abstract
This chapter examines the office and evolution of presidential electors. It also provides an in-depth examination of those who have served as electors over the past two decades. The office changed considerably from its original conception to its current practice. Originally, it was expected that electors would select the president and vice president through debate and their own discernment. The emergence of political parties and the adoption of the winner-take-all system rendered this conception of electors as obsolete. Electors have come to be chosen not for their judgment but for their loyalty. To this point, electors who fail to vote as expected are deemed to be “faithless.” Although expectations of the office have changed, the Constitution has not, and electors continue to hold discretion. Surveys of electors reveal that many consider joining the ranks of the faithless and are often lobbied to do so.
Alexander Hamilton and the 2016 Election
Authors: Alexander Robert M. 
Published: April 2019

Abstract
This chapter examines the 2016 election through the lens of the Electoral College. The election represents the sixth time the popular vote winner did not win the Electoral College vote. It also represents the most faithless votes cast for president in any presidential election, and it is the second time in the past three elections that a state split its electoral vote between presidential candidates. Particular attention is devoted to the so-called Hamilton elector movement that aimed to have electors select an alternative candidate to Donald Trump or Hillary Clinton. A survey of the 2016 Electoral College reveals that a record number of electors considered voting contrary to expectations, and most all electors were lobbied to do so. Electoral College lobbyists consisted of citizens throughout the country and members of the body itself. Reservations over elector discretion draws attention to the differences between the original Electoral College and the evolved body.
Morality and the Nature of Law
Authors: Himma Kenneth Einar 
Published: April 2019

Abstract
This book is concerned with explicating the conceptual relationships between law and morality. In particular, it explores the conceptual relationship between morality and the criteria that determine what counts as law in a given society (i.e. the criteria of legal validity). Is it a necessary condition for the existence of a legal system that it includes moral criteria of legal validity? Is it even possible for a legal system to have moral criteria of legal validity? The book considers the views of natural law theorists ranging from Blackstone to Dworkin and rejects them, arguing that it is not conceptually necessary that the criteria of legal validity include moral norms. Further, it rejects the exclusive positivist view, arguing instead that it is conceptually possible for the criteria of validity to include moral norms. In the process of considering such questions, this book considers Joseph Raz’s views concerning the nature of authority and Scott Shapiro’s views about the guidance function of law, which have been thought to repudiate the conceptual possibility of moral criteria of legal validity. The book, then, articulates a thought experiment that shows that it is possible for a legal system to have such criteria and concludes with a chapter that argues that any legal system, like that of the United States, which affords final authority over the content of the law to judges who are fallible with respect to the requirements of morality is a legal system with purely source-based criteria of validity.
Legal Positivism and the Possibility of Moral Criteria of Validity
Authors: Himma Kenneth Einar 
Published: April 2019

Abstract
This chapter provides an overview of the theses associated with the various forms of legal positivism. It begins with a discussion of the assumption that legal norms and systems have certain properties that distinguish them from other norms and systems that purport to govern or regulate the behavior of subjects. The chapter continues with a description of the core theses of legal positivism. These theses are intended to identify the conceptually necessary properties that constitute something as law and distinguish things that count as law from things that do not count as law. Finally, this chapter closes with an explication of inclusive and exclusive positivism.
Making Strategy
Authors: Whittington Richard 
Published: April 2019

Abstract
This chapter introduces the theoretical framework for Opening Strategy. The book builds particularly on the practice theories of Anthony Giddens and Alasdair MacIntyre. Giddens identifies the mechanisms of practice change in the levering of structural conditions; MacIntyre locates the motivations for change in both instrumentalism and idealism. This chapter constructs from Giddens and MacIntyre a 4P model of Strategy-as-Practice, in which praxis, practices, practitioners, and profession are all important for change in Strategy’s macro practices. The Strategy profession is structurally exposed to organizational, cultural, and technological forces for practice change. Its structural characteristics of precariousness and permeability influence the way in which change comes about. Ultimately, however, it is strategy consultants and corporate strategists who enact new practices on the ground. Practice change is produced by the agency of individuals and small groups negotiating structural opportunities and constraints according to principles that are both instrumental and idealistic.
Contract Law Without Foundations
Authors: Saprai Prince 
Published: April 2019

Abstract
In recent times, the philosophy of contract law has been dominated by the ‘promise theory’, according to which the morality of promise provides a ‘blueprint’ for the structure, shape, and content that contract law rules and doctrines should take. The promise theory is an example of what this book calls a ‘foundationalist’ theory of an area of law, according to which areas of law reflect or are underlain by particular moral principles or sets of such principles. The book argues that the promise theory is false, by considering contract law from the point of view of its theory, rules, and doctrines and broader political context. The book claims that ‘top-down’ theories of contract law such as the promise theory and its bitter rival the economic analysis of law seriously mishandle legal doctrine by ignoring or underplaying the irreducible plurality of values that shape contract law. The book defends the role of this multiplicity of values in forging contract doctrine, by developing from the ‘ground-up’ a radical and distinctly republican reinterpretation of the field.
Introduction
Authors: Saprai Prince 
Published: April 2019

Abstract
This chapter introduces the dominant philosophical account of contract law: the ‘promise theory’. According to the promise theory, promise plays a ‘foundational’ or special normative role in the justification of contract law rules and doctrines. This chapter explains that the book’s purpose is to debunk the promise theory and its foundationalist assumptions. It provides an overview of the main argument of the book, which relies on showing that the promise theory obscures or underplays the role that other values and normative concerns have in shaping contract law rules and doctrines. Contract law is the product of ‘normative pluralism’, and this chapter explains how that theme is approached in the book in the following three interrelated contexts: contract theory, legal doctrine, and transnational trends toward the harmonization of contract law. The central claim of the book is introduced as a plea to move away from a ‘top-down’ theory of contract law such as the promise theory and toward a distinctly republican or ‘bottom-up’ approach to contract law that focuses on justifying the legal rules and doctrines we find in particular jurisdictions at particular times.
Foundationalism and the Promise Theory
Authors: Saprai Prince 
Published: April 2019

Abstract
This chapter defines the book’s main target: the ‘promise theory’ of contract law. It claims that the promise theory is a ‘foundationalist’ theory of contract law, according to which the promise principle plays a special normative role in justifying contract law rules and doctrines. What exactly this special role is has been left obscure in the literature. This chapter offers three plausible interpretations. First, there is ‘justificatory necessity’ or the idea that promise plays an essential or necessary role in the justification of each and every contract law rule or doctrine. Second, there is ‘justificatory primacy’, according to which the promise principle overrides or defeats all other principles in cases of conflict. And, finally, there is ‘justificatory presumptiveness’, according to which there is an epistemic presumption that when contract law diverges from promise it is prima facie unjustified.
Republican Contract Law
Authors: Saprai Prince 
Published: April 2019

Abstract
This chapter distinguishes two accounts of how and why areas of law are individuated. The first view, ‘conventionalism’, says that individuation serves epistemic ends. Conventionalists claim that legal officials carve up areas of law to promote the rule of law by making it more digestible, easier to follow, handle, and so on. In contrast, the second view, ‘foundationalism’, is a metaphysical interpretation of the practice. Foundationalists claim that individuation is part of the very fabric of law. On this view, areas of law track basic moral principles or categories, such as promise, corrective justice, and so on, which shape and structure legal norms. Having claimed in Chapter 3 that foundationalism—in the guise of the ‘promise theory’—fails as an account of contract law, this chapter argues that conventionalism is not the only alternative. Instead, a third possibility—‘republicanism’—is explored, which the chapter calls ‘republicanism’. Ronald Dworkin argued that legal categories are connected with ‘positive morality’ or popular views about the moral principles, categories, and distinctions that legal categories implicate. This serves the purpose of involving ordinary citizens in legal and political decision-making about matters of principle that are usually the preserve of the courts. This reveals a very often overlooked republican strand to his legal theory, which opens the door to a ‘bottom-up’ theory of contract law more sensitive to the multiplicity of moral values and concerns that shape its rules and doctrines in particular jurisdictions and times.
The Penalties Rule and Compensation
Authors: Saprai Prince 
Published: April 2019

Abstract
According to the penalties rule, agreed damages clauses that grossly over-compensate the promisee for breach of contract are invalid and unenforceable. This chapter argues that the ‘promise theory’ has struggled to explain how the rule is justified, because promissory logic seems to require that such clauses be enforced. It is only by rejecting the idea that promise plays a special role in contract law that an explanation comes into view. The penalties rule, like undue influence, is a ‘composite’ doctrine, that is, it involves and is justified by the interaction of a multiplicity of moral concerns. The main normative concerns in this context are promise and the compensation principle. This combination explains puzzles such as why penalty clauses are not enforced but, in contrast, liquidated damages clauses are, and why breach of contract is a condition for the application of the penalties jurisdiction.
Contract Law Beyond the State
Authors: Saprai Prince 
Published: April 2019

Abstract
This chapter reflects on the increasing emergence of transnational efforts at both the global and regional level to bring about the greater convergence of national contract law regimes. The divergences between contract law regimes are seen as major obstacles to free trade, and removing these barriers is the primary motivation behind these initiatives. This chapter argues, using European Union (‘EU’) efforts to harmonize contract law in Europe as an illustration, that such efforts face a significant legitimacy burden, because on the republican view of contract law the principle of state sovereignty protects the freedom of states to interpret and balance the values that shape contract law in ways that reflect local needs, beliefs, customs, and so forth. That freedom protects the right to self-determination and is both constitutive and expressive of the political communities that nation states embody and represent. In the European context, there is no similar political community that legitimates the EU’s efforts to bring about the harmonization of the general law of contract. Furthermore, even if the issue of legitimacy could be overcome, it’s unclear that harmonization in the European context could be justified. The economic case made by the European Commission for convergence is based on questionable empirical assumptions, and attempts to bring about convergence face serious efficacy constraints due to the fact of ‘normative pluralism’.
Pre-Insolvency Proceedings
Authors: Tollenaar Nicolaes 
Published: April 2019

Abstract
This book develops a normative foundation and framework for pre-insolvency proceedings. The book features a comprehensive discussion of the key principles underlying restructuring proceedings and explains the purpose of, and justification for, pre-insolvency proceedings. It deals with all-important issues such as class composition, cross-class cramdown, and valuation. A comparative analysis and critique of UK schemes of arrangement and the US Chapter 11 procedure is also included, identifying the strengths and weaknesses of each.
Last Chance for Life: Clemency in Southeast Asian Death Penalty Cases
Authors: Pascoe Daniel 
Published: April 2019

Abstract
All five contemporary practitioners of the death penalty in the Association of Southeast Asian Nations (ASEAN)—Indonesia, Malaysia, Thailand, Singapore, and Vietnam—have performed executions on a regular basis over the past few decades. Amnesty International currently classifies each of these nations as death penalty ‘retentionists’. However, notwithstanding a common willingness to execute, the number of death sentences passed by courts that are reduced to a term of imprisonment, or where the prisoner is released from custody altogether, through grants of clemency by the executive branch of government varies remarkably among these neighbouring political allies. This book uncovers the patterns which explain why some countries in the region award commutations and pardons far more often than do others in death penalty cases. Over the period under analysis, from 1991 to 2016, the regional outliers were Thailand (with more than 95 per cent of condemned prisoners receiving clemency after exhausting judicial appeals) and Singapore (with less than 1 per cent of condemned prisoners receiving clemency). Malaysia, Indonesia, and Vietnam fall at various points in between these two extremes. This is the first academic study anywhere in the world to compare executive clemency across national borders using empirical methodology, the latter being a systematic collection of clemency data in multiple jurisdictions using archival and ‘elite’ interview sources. Last Chance for Life: Clemency in Southeast Asian Death Penalty Cases will prove an authoritative resource for legal practitioners, criminal justice policymakers, scholars, and activists throughout the ASEAN region and around the world.