bluuebunny/crossref_metadata_2025_split huggingface dataset:
Engagement and Disengagement with International Institutions
Authors: Craig Paul 
Published: June 2019

Abstract
This chapter analyzes engagement and disengagement with international institutions from the perspective of U.K. law. The first part of the chapter considers the relevant legal rules that pertain to engagement by the United Kingdom in international institutions. It is divided into three sections. The first section is directed toward dualism as understood in U.K. constitutional law, whereby an international treaty cannot take effect in national law unless it has been transformed or adopted into domestic law, thereby preventing the executive from undertaking obligations without the imprimatur of the U.K. legislature. The second section explains the U.K. constitutional rules designed to prevent the executive from ratifying an international treaty, and hence committing the United Kingdom at the international level, before Parliament has had the opportunity to consider the treaty. This area is interesting, since it reveals a shift from practice, to a convention, and then to a statutory obligation. The third part investigates the limits of dualism, connoting in this respect that the doctrinal rules explicated here apply to formal treaties, but do not cover all global regulatory rules, which can impact, de jure or de facto, on the United Kingdom. The focus in the second section of the chapter shifts to the constitutional constraints that limit the national applicability of a treaty regime that the United Kingdom has ratified. Parliament may impose constraints on delegation, which condition the legal reception in U.K. law of changes made by an international organization. There are, in addition, constitutional constraints fashioned by the courts, which can affect the acceptance of rules or decisions made by an international organization, to which the United Kingdom is a party, within the U.K. legal order, more especially where U.K. courts feel that such a rule of decision can impact adversely on U.K. constitutional identity. These judicially created constraints can be interpretive or substantive. The final part of the chapter is concerned with disengagement from international institutions. The relevant legal precepts are, to a certain degree, symmetrical with those that govern initial engagement. The basic starting point is that the executive, acting pursuant to prerogative power, negotiates withdrawal or disengagement from an international organization, and Parliament then enacts or repeals the requisite legislation to make this a legal reality in national law. Matters can, however, be more complex, as exemplified by the litigation concerning the United Kingdom’s exit from the European Union.
International Integration and its counter-Limits
Authors: Paulus Andreas L. , Hinselmann Jan-Henrik 
Published: June 2019

Abstract
This chapter analyzes the German Basic Law as the epitome of Open Statehood. The constitutional openness for international integration rests on distinct provisions on supranational engagement going beyond regular treaty law. Thereby, the Basic Law seeks to overcome the supposed dichotomies between state sovereignty and international integration and between national democracy and international legality. Further, the Basic Law distinguishes European from classical international integration. In both instances, the German Bundestag increasingly claims the status as coequal branch. Parliament also has the power to unilaterally modify the domestic effect of treaties, albeit within constitutional limits. Yet, disengagement comes at the price of incurring international responsibility. In line with the principle of mutual respect, the Federal Constitutional Court has developed three doctrinal devices, so-called counter-limits, to integration, to accommodate the diverse multilayered decision-making processes of multilevel governance systems, namely, the effective protection of human rights Solange, constitutional control of ultra vires acts, and the absolute protection of constitutional identity. In this way, the constitutional judiciary buttresses the concept of Open Statehood by reconciling at times diverging interests of national democracy and international integration.
State Engagement with Treaties
Authors: Woolaver Hannah 
Published: June 2019

Abstract
This chapter explores the interaction between domestic and international law in relation to the state’s engagement with treaties. Treaty engagements are important mechanisms through which states conduct their foreign relations. The domestic allocation of responsibility for the making and unmaking of treaties is therefore a significant question of the constitutional separation of powers in the realm of foreign relations law. Treaties are also international legal instruments, facilitating the development of international law and international institutions. The domestic and international law of treaties therefore both concurrently regulate the state’s power to join and leave treaties. This chapter examines the relationship between these two bodies of law in this regard, setting out developments in domestic jurisdictions establishing constitutional limits on the executive’s power to enter and exit treaties, and addresses the possible impact of these constitutional developments in the international law of treaties.
Regional Organizations’ Relations with International Institutions
Authors: Larik Joris 
Published: June 2019

Abstract
This chapter compares the law and practice of regional organizations regarding their engagement with international institutions. This includes treaty-making, joining and participating in international organizations, and the question to which extent member states are being replaced by their regional organizations. The chapter uses the European Union and the Association of South East Asian Nations (ASEAN) as case studies given that they represent two radically different forms of regional integration. While the former is a case of deep, supranational sovereignty-pooling, the latter is an example of distinctly sovereignty-friendly intergovernmental cooperation. Both ASEAN and the European Union have codified sets of internal norms for conducting their external relations. Both are avid treaty-makers and interact systematically with international institutions. However, this chapter explains how the difference in the organizations’ internal modes of operation translates into different approaches in their external relations. The European Union’s highly formalized approach leads to taking on a state-like position in many situations, but without always replacing its member states. By contrast, ASEAN’s sensitivity toward national sovereignty results in its member states and the Association never appearing together. It is always either one or the other that engages internationally. ASEAN member states interact with other powers, whereas ASEAN as a legal person interacts with other international organizations, with the one exception—the European Union.
Treaty Self-Execution as “Foreign” Foreign Relations Law
Authors: Hollis Duncan B. , Vázquez Carlos M. 
Published: June 2019

Abstract
This chapter considers how a state’s approach to foreign relations problems may have an external origin, or what we call “foreign” foreign relations law (FFRL). Using the distinction between self-executing and non-self-executing treaties as a case study, we find close parallels between manifestations of this distinction in various states and how it evolved in the United States, where the distinction was first articulated. The chapter explores whether these parallels reflect the distinction’s transplantation from one legal system to another or the organic development of similar doctrines to address similar problems within the states involved. The chapter then addresses the utility of differentiating the exogenous/endogenous origins of particular foreign relations doctrines. We argue that consideration of a doctrine’s exogenous origins raises questions that can deepen and develop the nascent field of comparative foreign relations law. Why do states accept (or reject) FFRL? How does FFRL enter a state’s system? Who is doing the transporting? What happens to FFRL in its new site(s)—i.e., how static or dynamic does the concept prove in different settings? Further research on such questions may, in turn, set the table for more normative questions such as when states should seek (or resist) the importation of foreign relations law.
Decolonizing Indigenous Sexualities
Authors: Lavinas Picq Manuela 
Published: June 2019

Abstract
Indigenous societies were never straight. Hundreds of languages across the Americas had words referring to same-sex practices and non-binary, fluid understandings of gender long before the emergence of international LGBT rights. The muxes in Juchitán are neither men nor women but a Zapotec gender hybridity. Across the Pacific in Hawaii, the māhū embrace both the feminine and masculine. Global sexual rights frameworks did not introduce referents to recognize alternative sexualities; Indigenous languages already had them, as their terminologies indicate. Indigenous sexualities both predate and defy contemporary LGBT and queer frameworks. It is not the idioms that are untranslatable but the cultural and political fabric they represent. This chapter shows the plurality of gender roles and sexual practices in Indigenous societies not to contribute sexual repertoires but to expand the imagination with new epistemologies. The analysis suggests that codes of heteronormativity were central tenets of the colonial project. Sexuality was a terrain to frame the Native as pervert and validate European violence against the non-Christian other, labeled as savage, heretic, and sodomite. The repression of sexual diversity shows how sexual control followed colonial logics of dispossession like the doctrine of discovery and why resisting heteronormative codification is a decolonial practice. This chapter recognizes the significance of the existence and resistance of Indigenous sexualities. It analyzes colonial processes of heterosexualization and approaches Native sexualities as sites of resurgence and self-determination to resist ongoing forms of dispossession.
Max Weber Past, Present, and Future
Authors: Hanke Edith , Scaff Lawrence , Whimster Sam 
Published: June 2019

Abstract
Max Weber is one of the most important social theorists of the past century. His legacy includes a distinctive approach to inquiry and engagement with political and cultural issues. The Weberian perspective can be understood as both a “paradigm” for analyzing social phenomena and a specification of categories defining the field of inquiry, such as economy, power, stratification, religion, law, culture, and science. The handbook presents chapters exploring each of these substantive topics, demonstrating the application of Weberian concepts and ideas to contemporary problems. The future promises a worldwide diffusion of Weber’s ideas, addressed especially to the challenges of global modernity. The introductory chapter concludes with a detailed chronology of Weber’s life.
The Relevance of Weber’s Conception and Typology of Herrschaft
Authors: Breuer Stefan 
Published: June 2019

Abstract
Max Weber developed his sociology of domination between 1909 and 1920. This chapter addresses the relationship between domination and power, distinguishing between legitimate and illegitimate domination or authority. Legitimate domination is based upon the three pure types of legal, traditional, and charismatic domination, which appear in combination with different organizational structures. Charismatic domination can assume different forms, from authentic charisma to hereditary and office charisma to an antiauthoritarian variant. Traditional domination encompasses a variety of types, from gerontocracy to diverse forms of patrimonialism and feudalism. The belief in legality, expressed for instance in a bureaucratic administrative staff, is characterized primarily through formal rationality, not purposive or instrumental rationality. Thus, today this last type is affected by tendencies that promote the weakening or even the dissolution of legal formalism. This chapter combines a systematic presentation with the application of the “domination” topic in the different scientific and cultural research fields during the last decades.
Temporality and the Analysis of Policy Processes
Authors: Howlett Michael 
Published: June 2019

Abstract
This chapter discusses the “historical turn” in the policy sciences and why it has occurred. It evaluates four general models of historical change processes that are commonly applied in policy analyses: stochastic, historical narrative, path dependency, and process sequencing. The chapter sets out the origins and elements of each model and assesses the merits and evidence for each in the analysis of public policymaking. The chapter suggests more work needs to be done examining the assumptions and presuppositions of each model before it can be concluded that any represents the general case for all policy processes. Neither the irreversible linear reality assumed by narrative models, nor the random and chaotic world assumed by stochastic models, nor the contingent turning points and irreversible trajectories required of the path dependency model are found very often in policymaking. Hence, the chapter agues these models are likely to be less significant than process-sequencing ones in describing the overall pattern of policy dynamics and temporality.
Evolution and Moral Motivation in Economics
Authors: Hodgson Geoffrey M. 
Published: June 2019

AbstractAdam Smith argued that humans were motivated by both self-interest and moral concerns. Economics has since moved towards a contrasting utilitarian view where behavior is understood in terms of unifying preference functions. Also most economists have presumed that these preferences are “self-regarding.” Two major treatises in economics were published in 1871, with self-seeking economic man at their center. In the same year Darwin published The Descent of Man, which emphasized sympathy and cooperation as well as self-interest, and argued that morality has evolved in humans by natural selection. This stance is supported by modern research. This article reconciles Darwin’s view that developed morality requires language and deliberation (and is thus unique to humans), with his other claim that moral feelings have a long-evolved and biologically inherited basis. It also questions whether the recent addition of “other-regarding” preferences is adequate, and whether morality and altruism are reducible to preferences or utility maximization.
Economics and Ethics within the Austrian School of Economics
Authors: Boettke Peter , Woltz Kaitlyn 
Published: June 2019

Abstract
Twentieth-century Austrian economists became known as champions of the free-market system yet claimed value-freedom in their economic analysis. However, advocacy of free markets is viewed as inherently ideological, involving ethical assumptions within the economic analysis. In this chapter, we discuss the connection between economics and ethics in the Austrian school of economics. We explore what value-freedom in the Austrian school entails and how twentieth-century Austrian economists were able to hold dual positions as value-free economists and advocates of free markets. We argue that Austrian economists separate ethical assumptions from their economic analysis. They maintain strict adherence to value-free analysis through an emphasis on social cooperation, which allows them to maintain their objectivity with respect to individuals’ ends. This combination allows Austrian economists to maintain their positions as value-free scientists while arguing that a free-market, capitalist system will best achieve peoples’ diverse ends.
The Ethics of Money and Finance
Authors: Sandberg Joakim 
Published: June 2019

AbstractThis chapter gives an overview of the many compelling ethical issues and debates among moral philosophers that pertain to money in general and financial activities in particular. It gives some background by way of introducing ontological ideas about what money and finance is. Thereafter, the chapter starts by discussing some of the classic and sweeping criticisms to the effect that all (or at least most) financial activities are morally suspect, for example criticisms of usury and speculation. The following section assumes that the existence of financial markets can be acceptable and discusses some of the ethical issues involved in making them honest and fair, for example the challenges of deception and insider trading. Finally, the chapter discusses ideas to the effect that financial agents have social responsibilities that go beyond their role as market participants, for example an extended responsibility to promote social welfare. The overarching aim of the chapter is to help further establish the new field of “financial ethics.”
Ethical Pluralism in Economics
Authors: Wight Jonathan B. 
Published: June 2019

Abstract
Traditional approaches to understanding morality, through evaluating outcomes, analyzing rules, principles, and duty, and adhering to notions of virtue and character, offer competing but also complementary ways of framing conduct in a social setting. Ethical pluralism is the claim that all three methods are, to some degree, useful to positive economics because each provides distinctive insights into human behavior. Each is also useful in normative economics because a single framework has limitations that are solved by introducing elements from the others. The neoclassical economic approach, concerned ostensibly with outcome goals, must consider how economic agents are motivated by duty and virtue ethics considerations. Adam Smith’s virtue ethics, for example, arise from moral sentiments, not rational calculation. In considering the morality of efficiency, a Paretian approach derives ultimately from Kantian considerations, and the Kaldor-Hicks approach relies on background conditions of human rights and other non-outcome based elements.
Merleau-Ponty on Love
Authors: May Todd 
Published: June 2019

Abstract
Although Merleau-Ponty has no sustained account of love, his treatment of it in his early work, especially Phenomenology of Perception and “The Child’s Relations to Others,” allows us to construct one. Moreover, this account allows us to see perceptual and more generally corporeal aspects of love, as well as the distinction between love and infatuation, that often get less addressed in the literature on love. Because of his focus on perception, Merleau-Ponty allows us to understand the experience of our immediate, ongoing, and unreflective relationship to those we love. Because of his account of how our relationships are sedimented in our bodies, he offers us a way to recognize the importance of our interpersonal histories in our corporeal relationships with others. All of this is grounded in a phenomenological method that illuminates aspects of our experience that can be lost to accounts that are less sensitive to our ongoing experience.
How Physicians Prepare for Maintenance of Certification Exams: A Qualitative Study
Authors: Chesluk Benjamin J. , Eden Aimee R. , Hansen Elizabeth R. , Johnson Michele L. , Reddy Siddharta G. , Bernabeo Elizabeth C. , Gray Bradley M. 
Published: June 2019

Purpose
Little is known about how board-certified physicians prepare for their periodic maintenance of certification (MOC) examinations. This qualitative study explores how physicians experience MOC exam preparation: how they prepare for the exams and decide what to study and how exam preparation compares with what they normally do to keep their medical knowledge current.

Method
Between September 2016 and March 2017, the authors interviewed 80 primary care physicians who had recently taken either the American Board of Family Medicine or American Board of Internal Medicine MOC exam. They analyzed transcripts and notes from these interviews looking for patterns and emergent themes, using the constant comparative method and a social practice theory perspective.

Results
Most interviewees studied for their MOC exams by varying from their routines for staying current with medical knowledge, both by engaging with a different scope of information and by adopting different study methods. Physicians described exam preparation as returning to a student/testing mindset, which some welcomed and others experienced negatively or with ambivalence.

Conclusions
What physicians choose to study bounds what they can learn from the MOC exam process and, therefore, also bounds potential improvements to their patient care. Knowing how physicians actually prepare, and how these activities compare with what they do when not preparing for an exam, can inform debates over the value of requiring such exams, as well as conversations about how certification boards and other key stakeholders in physicians’ continuing professional development could improve the MOC process.
Which Student Characteristics Are Most Important in Determining Clinical Honors in Clerkships? A Teaching Ward Attending Perspective
Authors: Herrera Lauren Nicholas , Khodadadi Ryan , Schmit Erinn , Willig James , Hoellein Andrew , Knudson Christopher , Law Karen , Mingioni Nina , Walsh Katherine , Estrada Carlos , Williams Winter 
Published: June 2019

Purpose
To explore faculty perspectives on which characteristics of high-performing clerkship students are most important when determining an honors or top grade designation for clinical performance.

Method
In 2016–2017, the authors surveyed faculty (teaching ward attendings) for internal medicine clerkships and 1 pediatrics clerkship in inpatient settings at 5 U.S. academic medical centers. Survey items were framed around competencies, 24 student characteristics, and attitudes toward evaluation. Factor analysis examined constructs defining high-performing students.

Results
Of 516 faculty invited, 319 (62%) responded. The top 5 characteristics as rated by respondents were taking ownership, clinical reasoning, curiosity, dependability, and high ethical standards (in descending order). Twenty-one characteristics fit into 3 factors (Cronbach alpha, 0.81–0.87). Clinical reasoning did not fit into a factor. Factor 1 was the most important (mean rating, 8.7/10 [95% confidence interval (CI), 8.6–8.8]). It included professionalism components (ownership, curiosity, dependability, high ethical standards), presentation and interviewing skills, seeking feedback, and documentation. Factor 2 (mean, 7.9 [95% CI, 7.7–8.0]) included aspects of teamwork and communication, such as positive attitude and comments from others. Factor 3 (mean, 7.6 [95% CI, 7.4–7.7]) addressed systems-based thinking, including patient safety and care transitions.

Conclusions
Professionalism components, clinical reasoning, and curiosity were among the most important characteristics distinguishing high-performing clerkship students. These may represent behaviors that are highly valued, observable, and relevant to training stage. Improved definition of the characteristics associated with clinical honors would assist students, faculty, and residency program directors when interpreting clinical performance within core clerkships.