bluuebunny/crossref_metadata_2025_split huggingface dataset:
A Clash of Culture and Commerce
Authors: Senftleben Martin 
Published: February 2019

Abstract
Non-traditional marks offer enhanced possibilities for the cumulation of copyright and trademark rights. With the recognition of shape, sound, and motion marks, new areas of overlap emerge that affect traditional work categories, in particular sculpture and plastic art, musical compositions, and audiovisual creations. Discussing the corrosive effect of this growing area of overlap on cultural follow-on innovation, the chapter yields the insight that it is advisable to recalibrate the copyright/trademark interface. Instead of relying on distinctiveness as a gatekeeper and volatile infringement criteria and defenses within trademark law, more robust mechanisms are necessary to prevent the acquisition of trademark rights to cultural signs from the outset—grounds for refusal that apply across all goods and services and cannot be overcome through use in trade. The chapter explores the room for the development of these more robust mechanisms. It brings a refusal based on public order or morality into focus.
Confronting Kant and Kierkegaard
Authors: Stern Robert 
Published: February 2019

Abstract
This chapter considers in more detail how it is that the kind of natural law approach embodied in Løgstrup’s ‘ontological ethics’ puts him at odds with both Kant and Kierkegaard, and leads him to convict them of formalism. Løgstrup’s claim is that by failing to adopt his approach, neither Kant nor Kierkegaard can do justice to the ethical demand, as they see it as deriving from the authority of a commander. The difficulty is that such authority is ‘content-independent’ in H. L. A. Hart’s sense, making the reason to act that one has been commanded, rather than the vulnerability of the other person, which in these situations should be the right reason on which to act. If Løgstrup is correct, it is argued that his critique also has significant implications against contemporary attempts to ground ethical obligation in the authority of practical reason and divine command respectively.
Introduction
Authors: Stern Robert 
Published: February 2019

Abstract
This Introduction begins in §0.1 by examining the problem of moral obligation, focusing on Elizabeth Anscombe’s claim that it makes no sense without a divine lawgiver. Other alternative accounts of moral obligation are outlined, such as Kantian self-legislation and social command accounts. This provides a background to Løgstrup’s own view, which is sketched as offering a different approach. The Introduction then moves on in §0.2 to provide an account of Løgstrup’s life and times, and in §0.3 to a consideration of why his work is not better known, but why it is relevant now. The final section of the Introduction outlines the structure of the rest of the book which follows.
Wittgenstein on Logic as the Method of Philosophy
Authors: Kuusela Oskari 
Published: February 2019

Abstract
This book is an examination of Wittgenstein’s early and late philosophies of logic in relation to accounts of logic and its philosophical significance in early and middle analytic philosophy, with particular reference to Frege, Russell, Carnap, and Strawson. It argues that not only the early but also the later Wittgenstein sought to further develop the logical-philosophical approaches of Frege and Russell. Throughout his career Wittgenstein’s aim was to resolve problems with and address the limitations of Frege’s and Russell’s accounts of logic and their logical methodologies so as to achieve the philosophical progress that originally motivated the logical-philosophical approach. By re-examining the roots and development of analytic philosophy, the book seeks to open up covered-up paths for the further development of analytic philosophy. It explains how Wittgenstein extends logical methodology beyond calculus-based logical methods and how his novel account of the status of logic enables one to do justice to the complexity and richness of language use and thought while retaining rigour and ideals of logic such as simplicity and exactness. The book also outlines the new kind of non-empiricist naturalism developed in Wittgenstein’s later work as well as explaining how Wittgenstein’s account of logic can be used to dissolve the longstanding methodological dispute between the ideal and ordinary language schools of analytic philosophy.
The Tractatus’ Philosophy of Logic and Carnap
Authors: Kuusela Oskari 
Published: February 2019

Abstract
This chapter discusses the relation between the Tractatus’ and Carnap’s philosophies of logic, arguing that Carnap’s position in The Logical Syntax of Language is in certain respects much closer to the Tractatus than has been recognized. Explained in Carnapian terms, the goal of the Tractatus is to introduce, by means of quasi-syntactical sentences, logical principles and concepts of a logical language to be used in philosophical clarification in the formal mode. A distinction between the material and formal mode is therefore part of the Tractatus’ view, and contrary to Carnap’s criticism, the sentences of the Tractatus can be clearly distinguished from nonsensical metaphysical statements. Moreover, despite the Tractatus’ rejection of syntactical statements, there is a correspondence between Wittgenstein’s saying–showing distinction and Carnap’s object-language/syntax-language distinction. Both constitute ways to clarify the logical distinction between the logico-syntactical determinations concerning language and the use of language according to such determinations, a distinction absent in Frege and Russell. Wittgenstein’s distinction thus constitutes a precursor of the object-language/syntax-language distinction which the latter in a certain sense affirms. The saying–showing distinction agrees with Carnap’s position also in marking logic as something that is not true/false about either language or reality, a view that underlies Carnap’s principle of tolerance. The standard view that Carnap overcame the philosophy of logic of the Tractatus in the 1930s must therefore be regarded as problematic and misleading.
Resolving the Dispute Between Ideal and Ordinary Language Approaches
Authors: Kuusela Oskari 
Published: February 2019

Abstract
This chapter addresses the long-standing dispute on logic and philosophical methodology between the so-called ideal and ordinary language schools of analytic philosophy, and proposes a resolution to it. While the ideal language school emphasizes the importance of the simplicity and exactness of concepts for philosophical clarity, the ordinary language school regards it as crucial to philosophy to clarify the concepts and the uses of natural language in their actual complexity, viewing emphasis on simplicity and exactness as misguided. For the ideal language school this, again, comes across as a dismissal of good scientific methodology. The proposed resolution draws on the later Wittgenstein’s account of idealization in logic, from the point of view of which the notion of relevance is crucial for understanding the completeness of philosophical accounts. This enables us to satisfy simultaneously the different requirements of the two schools for an adequate method, explaining how one can both meet the ideals of simplicity and exactness in logical clarification and acknowledge the complexity of the concepts and uses of natural language. The last section compares Wittgensteinian clarificatory models with Carnapian explications, and explains the benefits of the former over the latter.
Cartographies of the Untimely in Postcolonial Historical Realism
Authors: Forter Greg 
Published: February 2019

Abstract
Barry Unsworth’s Sacred Hunger and Amitav Ghosh’s Sea of Poppies develop cognitive-affective maps of empire that reveal its totalizing ambitions. They deploy realist techniques to do so while displaying an intense self-consciousness about such techniques’ limitations. The maps they draw link the Atlantic world (and slavery) with the Indian Ocean (and indentured servitude). This angle of vision moves the historical novel’s frame of reference beyond both the nation and the mono-oceanic paradigms that have emerged as alternatives to nation-based understandings. Finally, and drawing especially on the work of Dipesh Chakrabarty, the chapter shows that the novels retrieve from historicist time the inassimilable, heterotemporal residues of utopian alternatives to the colonial, which draw upon while radically refashioning “premodern” and pre-secular modes of affinity.
Tragedy, Romance, Satire
Authors: Forter Greg 
Published: February 2019

Abstract
This chapter challenges David Scott’s contention that we should shift from Romance to tragedy in recounting the history of colonialism’s overcoming. This shift in genre means, for Scott, moving from a pre-Foucauldian understanding of power to a Foucauldian view in which the institutions of colonial modernity produce the colonized subject—and hence, cannot be meaningfully overthrown. J. G. Farrell’s The Siege of Krishnapur and Marlon James’s The Book of Night Women subvert Scott’s oppositions and reveal the limits of his prescriptions. Farrell’s text develops a satirical form that, in its depiction of the Indian Mutiny, exposes British power-knowledge as an ideological mystification for which there is indeed an “outside”—namely, the Indians’ insurrectionary agency. James’s text shows how power on the colonial plantation relied on the spectacle of the scaffold rather than the insidious tentacles of disciplinary power. The scaffold functioned to prohibit both full humanity and interracial “love,” Enlightenment promises that only the violence of slave rebellion could hope to fulfil.
From National Bildung to Postcolonial Transnationalism
Authors: Forter Greg 
Published: February 2019

Abstract
This chapter links colonialism, nationalism, and transnationalism/cosmopolitanism to the genre of the Bildungsroman. The chapter’s theoretical reference points are Joseph Slaughter’s Human Rights, Inc. and Pheng Cheah’s Spectral Nationality: two influential critical works that offer incommensurate analyses of the Bildungsroman in relation to postcolonial nationalism (and the transnational). I show how Patrick Chamoiseau’s Texaco and Kamila Shamsie’s Burnt Shadows offer more fruitful accounts of these matters than both theorists. The novels complicate Cheah’s emphasis on the emancipatory potential of national Bildung by revealing the transnational assemblages that precede and exceed the nation’s formation. But they also resist the account of transnationalism identified by Slaughter, in which apparently cosmopolitan commitments disguise the continued coercions of Bildung as a disciplinary technique for subject-formation. Finally, each novel attends to the corporeal dimension of cosmopolitan solidarities and, in Shamsie’s case, links that corporeality to linguistic translation and the concept of the untranslatable.
Afterword
Authors: Forter Greg 
Published: February 2019

Abstract
The Afterword recapitulates the book’s main ideas and discusses some of the paths not taken, especially theoretically. It reiterates the value of postcolonial historical fiction’s effort to anatomize the colonial past and retrieve from that past the residue of utopian futurity. The chapter grants the fruitfulness of a recent turn toward sociological models in postcolonial studies—especially those derived from Pierre Bourdieu—while reaffirming the book’s commitment to a dialectic of critique and utopian recovery. It argues, finally, that the trenchant critiques of colonialism in postcolonial historical fiction make the genre’s utopian visions rigorous, hard-earned—and hence worthy of continued investment.
Perfect Deterrence Theory
Authors: Zagare Frank C. 
Published: February 2019

Abstract
This chapter introduces perfect deterrence theory and contrasts it with classical deterrence theory, which is the prevailing realist theory of interstate war prevention. How and under what conditions war might be prevented is the principal question addressed by both theories. The assumptions, empirical implications, and policy prescriptions of the two approaches to deterrence are discussed. Classical deterrence theory is shown to have both logical and empirical problems. Perfect deterrence theory, which is composed of a number of interrelated game models that are analyzed under a common set of preference assumptions, is not only logically consistent but empirically robust as well.
Strange Apathy
Authors: Wolff Nathan 
Published: February 2019

Abstract
This chapter challenges the critical consensus that Helen Hunt Jackson fashioned her Indian reform novel Ramona (1884) after Uncle Tom’s Cabin, insofar as sympathy for her indigenous protagonists promises to bring them into the fold of personhood. As Jackson well knew, designating American Indians as persons was fully consistent with policies designed to dissolve tribal affiliations. By recovering Jackson’s stated interest in modeling her novel on the story of a hunted deer, and by drawing on theories of depression as a political emotion, the chapter rejects accounts of Ramona’s “sentimentality” while insisting that the novel’s aesthetic strategies are deeply affective. Specifically, it draws on Giorgio Agamben’s later notion of “bare life” to support a claim that Ramona lingers with animal-like desperation and depression to register the loss of tribal forms of political life and to trouble bureaucratic visions of efficiently managed populations.
Cabinets, Constitutions, and Parliamentary Representation
Authors: Ross Anna 
Published: February 2019

Abstract
This chapter traces the formation of the Brandenburg–Manteuffel and Manteuffel Ministries of State, and their efforts to bring revolutionary unrest to an end. Ending revolutionary instability included addressing calls for Prussia to enter the constitutional age by debating basic rights, the merits of a constitution, and a representative system. The resulting ‘System Manteuffel’ was a surprise to many, especially as Manteuffel elided the interests of those on the political extremes, making their agendas appear dangerously retrograde. And, yet, this impulse to find a moderate path out of revolutionary upheaval was not unique to Prussia. As a result, the analysis of the politics of the Prussian Ministry of State in the 1850s is couched within a larger framework of government activity across the German states.
Conclusion
Authors: Ross Anna 
Published: February 2019

Abstract
This chapter draws together the themes raised in the book. It reminds the reader that the Minister-President Brandenburg was appointed to restore monarchy and this he did with tenacity, but not in the way expected by the king or the court camarilla. Manteuffel too confounded expectations. Throughout their terms in office, these ministers eschewed ideological agendas in preference for realist settlements that would strengthen and extend the reach of the state. The bureaucracy was essential to carrying out these reforms, ushering in new forms of legal certainty, economic growth, and social reform. This chapter concludes that the reforms of the 1850s were formative for the development of the Prussian state—a second Reform Era. And it ends with a reflection on the legacies of this period for the formation of Imperial Germany.
Preliminaries
Authors: Pawl Timothy 
Published: February 2019

Abstract
This chapter sets the stage for the philosophical argumentation to come in the following chapters. It discusses the importance of the ecumenical councils to many Christian denominations. It then goes on to explicate the teaching of the first seven ecumenical councils concerning Christ. Next, it provides an understanding of the metaphysical terms and concepts employed in the councils, including “nature,” “supposit,” and “person.” This understanding is broadly Thomistic. It differentiates multiple meanings that the term “nature” might have, and it discusses which usage fits best with the conciliar evidence. Finally, it discusses the predicates we might rightly say of the human nature that Christ assumed in the incarnation.
Christ and the Interim State
Authors: Pawl Timothy 
Published: February 2019

Abstract
Traditional Christian doctrine teaches that Christ was dead for three days, and that, during those days, he descended into hell. Does this teaching, when conjoined with Conciliar Christology, imply the truth of a contradiction? This chapter considers an argument attempting to show that it does. The argument can be put as follows. Relations require the existence of their relata; so the Son cannot assume something or hypostatically unite it to his divine nature if it isn’t. But during the three days that Christ was dead—during that interim state—there was no human nature there to be assumed. And so, at least for those three days, the hypostatic union was not. But then, it follows that the hypostatic union is not permanent, and that the natures are separable, contrary to Conciliar Christology. Thus, there is a difficulty for Extended Conciliar Christology. The chapter provides six replies to that argument, weighing the costs and benefits of each reply.
Christ’s Knowledge in Relation to his Will
Authors: Pawl Timothy 
Published: February 2019

Abstract
This chapter considers the thesis that Christ, via his human intellect, knew all things past, present, and future. Chapter 7 asked whether such an extension implies that we mundane humans are not free. This chapter asks whether Christ himself was not free, owing to his foreknowledge. The chapter considers two arguments for the claim that Christ is unfree, given his foreknowledge. The first argument focuses on the requirements for freedom, which seem to include deliberation. Since one cannot deliberate about something one is certain about, it seems to follow that he couldn’t deliberate about his future actions. The second argument focuses on the explanatory relations between Christ’s knowing and his choosing. Explanatory circles are impossible, but if he knew what he was going to do before he chose to do it, there is some reason to believe that this would imply the possibility of an explanatory circle. The chapter concludes that both arguments are unsound.
Conclusion
Authors: Pawl Timothy 
Published: February 2019

Abstract
The conclusion brings together all five extensions discussed in the book: the claim that multiple incarnations are possible; the claim that Christ descended into hell during his three days of death; the claim that Christ’s human will was free; the claim that Christ was impeccable; and the claim that Christ, via his human intellect, knew all things past, present, and future. Previous chapters have discussed objections directed at subsets of these extensions, but none has focused on whether all five extensions are somehow internally inconsistent. The conclusion considers this question, arguing that there is no good reason to think that they are internally inconsistent. The overall conclusion of the book is stated: There is no extant philosophical argument against Extended Conciliar Christology that shows it to be incoherent or inconsistent.
Greek Tragedy and Hebrew Antiquity in John Milton’s 1671 Poems
Authors: Leo Russ 
Published: February 2019

Abstract
Chapter 5 examines Milton’s detailed engagements with Reformation poetics that render tragedy a precise philosophical and theological resource. In his 1671 poems Paradise Regain’d and Samson Agonistes Milton responds directly to Reformed poetics, pointing methodically to the limits of tragedy, exposing the extent to which divinity and its agencies exceed and confound the philosophical vision of the Poetics. In Paradise Regain’d, for instance, Milton’s Jesus relocates the birth of tragedy from Athens to the Levant, claiming that tragedy belongs first to the Hebrews. Greek tragedy is thus derivative and degraded; Sophocles, Euripides, and Aristotle, to say nothing of the traditions to which they gave rise, appropriated tragic forms and resources from Hebrew antiquity. Milton advances Pareus’ theses on tragedy and Scripture beyond the scope of Pareus’ own text, arguing for a more comprehensive Christian archive of tragedy as well as a daring account of tragedy’s sacred origins.
Conclusion
Authors: Leo Russ 
Published: February 2019

Abstract
The Conclusion traces how Milton investigates the extent to which tragedy is able to render divinity intelligible. If Reformation tragedy offers pointed insight into probability and necessity in nature, or serves as an object lesson in immanent causality, Samson Agonistes troubles such pursuits, illuminating instead the fundamental limits of both tragedy and human comprehension. In Heinsius’ treatments of tragedy, for instance, miracles are rare, and intervening gods generally confound otherwise laudable attempts to understand causality in nature. Divine intervention is no less difficult to discern in Samson Agonistes; Milton is skeptical, however, of tragedy’s capacity to render either God or totality intelligible as such. The philosophical account of tragedy that emerges across this book reaches an impasse in Milton’s 1671 poems, works that nonetheless look forward to other philosophical horizons for tragedy in modernity.
Adjudicating the European Social Market
Authors: Gerstenberg Oliver 
Published: February 2019

Abstract
At a first glance, to many observers the EU may appear to be an improbable illustration of the possibility of an extension of legitimacy and democratic justice beyond the state. In contemporary European constitutional debate constitutionalism and social democracy have become antagonists, with the survival of the one seeming to require sacrifice of the other. Authors in the tradition of ordoliberalism have celebrated the Europeanization process because it seemed to ultimately disconnect constitutionalism from democratic practice and to firmly entrench a logic of market evolution that marginalizes politics. Social democrats, by contrast, have come to believe that democracy can only flourish if the solidary politics of the nation retains its sovereignty against cosmopolitan, ‘constitutional’ intrusions from without. Proposals to deepen constitutional integration therefore give rise to the social-democratic objection. This chapter offers a stylized account of both views, which more or less mirror one another. This chapter then also provides an in-depth analysis of the CJEU’s jurisprudence in various domains regarding the efficacy of the Charter of Fundamental Rights of the EU (CFREU) in European private law: employment law and unfair terms in consumer contracts in particular. The chapter concludes that, contrary to expectations and concerns about a constitutional asymmetry between economic freedoms and fundamental social rights, the CJEU has in fact in many cases raised the standard of protection beyond the standard envisaged by national legal orders, thereby unblocking development.