bluuebunny/crossref_metadata_2025_split huggingface dataset:
International Comity in Comparative Perspective
Authors: Dodge William S. 
Published: June 2019

Abstract
This chapter looks at why the United States understands many doctrines of foreign relations law to be based on international comity, while continental European states do not. The U.S. understanding shows the influence of Justice Joseph Story, who made international comity the basis for choice of law and the enforcement of foreign judgments. U.S. courts later made comity the basis for other doctrines, including the act of statute doctrine, the presumption against extraterritoriality, foreign state compulsion, forum non conveniens, limits on antisuit injunctions, the privilege of foreign governments to bring suit in U.S. courts, and the doctrine of sovereign immunity. The continental European understanding shows the influence of Friedrich Carl von Savigny, who built a choice of law system on different foundations and with universalist aspirations. In recent years, the Court of Justice of the European Union (CJEU) has started to tie together some of the doctrines that U.S. courts would label international comity under the heading of “mutual trust,” but mutual trust is more limited than international comity. This chapter argues that looking at doctrines of foreign relations law through a comity lens sharpens the distinction between national law and international law, emphasizes the freedom of each nation to shape doctrines of foreign relations law as it thinks best, and brings into better focus the interrelationships among those doctrines.
Techniques for Regulating Military Force
Authors: Hakimi Monica 
Published: June 2019

Abstract
This chapter draws on the five chapters that follow—each of which describes the war powers in a single country—to identify and analyze some of the techniques for regulating this area of foreign affairs and then to reflect on the value of comparative research on it. Three basic techniques are: (1) to establish substantive standards on when the government may or may not use force, (2) to divide among different branches of government the authority to deploy the country’s armed forces, and (3) to subject such decisions to oversight or review. There is considerable variation, both across countries and over time within particular countries, in how and with what effect each technique is used. Given that variation, comparative war powers research might be of limited relevance to national officials who make use of force decisions or to analysts who seek to explain them. Rather, the principal benefit of such research might be to bring into stark relief each country’s own national ethos—to shed light on how it defines itself and conceives of its relationship with the rest of the world
Executive Power in Foreign Affairs
Authors: Rodiles Alejandro 
Published: June 2019

Abstract
In Mexico, there is no legal field known as “foreign relations law.” The legal rules and principles that regulate how the country relates to the outside world have been studied as a subfield of international law, known as “the relationship between the international and national legal orders.” This subfield has produced one stream of writings dealing with the prerogatives of the executive in the conduct of foreign policy, and a different one, on treaty-making and the role of treaties within the internal norm hierarchy. Although each approach portrays important aspects of the relationship between national law and international law, this chapter argues that both fail to comprehend that the legal principles and rules on foreign affairs operate at the interstices of these legal orders. In surveying the literature on executive power in external affairs as well as the scholarship on domestic treaty law, the chapter shows that the former has emerged within diplomatic elites, which are concerned with freeing the executive from the constraints related to the principles on foreign policy established in Mexico’s constitution. It also argues that the latter has been either too formalistic or too much focused on global constitutionalism, thus proving unable to capture the new and mainly informal means of executive action in international law. This chapter concludes by making the case for inventing a Mexican foreign relations law that brings both approaches together and is attentive to persistent and novel problems that emerge from the executive’s external actions.
LGBTQ Politics in Anglo-American Democracies
Authors: Smith Miriam 
Published: June 2019

Abstract
This chapter surveys LGBTQ politics in the Anglo-American democracies, including the United States, the United Kingdom, Australia, Canada, and New Zealand. Political change has followed a somewhat similar trajectory from the decriminalization of same-sex conduct through struggles over discrimination in areas such as employment to the recognition of same-sex relationships and families. From the emergence of gay liberation in the late 1960s to the marriage equality movements of the 2000s, LGBTQ communities have increasingly lived in the open and pushed for full sexual and political citizenship. In the Anglo-American democracies, same-sex conduct is no longer criminal, discrimination in key areas such as employment is banned, and some form of same-sex relationship recognition exists. At the same time, however, progress in the recognition of queer rights has been uneven, with the United States failing to prohibit employment discrimination and Australia only recently providing legal recognition of same-sex marriage. This chapter discusses the intersection of social movement activism and political institutions in these cases, exploring the role of political mobilization and litigation by LGBTQ movements. In doing so, it identifies some of the key factors that have facilitated and impeded the process of legal and policy change for LGBTQ communities across this group of countries including political institutional factors, partisan electoral dynamics, and the role of religion and public opinion.
The “Disenchantment of the World” or Why We Can No Longer Use the Formula as Max Weber Might Have Intended
Authors: Mishima Kenichi 
Published: June 2019

Abstract
The “disenchantment of the world” is a famous formulation of Max Weber’s, one taken up in Walter Benjamin’s “Elective Affinities” essay. This chapter analyzes Weber’s conception of disenchantment in the context of his work. Two aspects of his discussion can be distinguished: religious-historical and scientific-historical. Weber’s preference for principled consistency, for instance, in the Calvinist sects, is normally evaluated positively. But it can be shown to cloud his vision of much more complex issues, such as the problem of “meaning.” Weber identified the decisive consequences of disenchantment with a loss of meaning. But disenchantment does not eo ipso have to signify a loss of meaning in life. In this respect Weber was a child of his times, trapped in a cultural context characterized by a newly established Christianity born from the failed revolutions of 1848, as well as by the process of industrialization. A role was also played by Nietzsche’s widespread influence. The chapter concludes with a discussion of Weber’s conception of disenchantment in relation to the contrasting views of Benjamin and Robert Bellah.
Realism and Reality in Max Weber
Authors: da Mata Sérgio 
Published: June 2019

Abstract
Max Weber was a realist not only from a political but also from an epistemological perspective. This chapter tries to shed light upon this aspect of Weber’s works, stressing the central importance of his concept of a “science of reality” (Wirklichkeitswissenschaft). He viewed science not so much as a destiny for modern humanity but, rather, as a choice. The main sources of his realism are examined, as well as two weaknesses of the Weberian science of reality: its weak historical teleology and a value-based conception of culture. Finally, it is suggested that the current “realist turn” in human sciences is sowing seeds of a Weber renaissance in the twenty-first century.
School Jurisdiction over Online Speech
Authors: Waldman Emily Gold 
Published: June 2019

Abstract
In today’s digital age, the line between on-campus and off-campus speech has become murky. Speech initially expressed on a student’s home computer, tablet, or smartphone can instantly be accessed anywhere, including at school. But the United States Supreme Court’s student speech cases, which largely predate the digital age, do not grapple with this current reality. This chapter explores lower courts’ attempts to find a new dividing line, beyond the physical schoolhouse gate, for schools’ jurisdiction over student speech. So far, the emerging consensus is that the test should be whether the speech is likely to cause a material disruption at school. That standard, in turn, can implicate several subsidiary questions: whether the speech is arguably threatening; whether the student speaker was punished with suspension or only a minor sanction; whether the speech targets a fellow student or a teacher/administrator; and whether the speech conveys a substantive viewpoint. This chapter analyzes how courts grapple with each of those issues, and then shifts the lens to explore what happens when school personnel, rather than students, are the ones speaking online. It concludes that the Supreme Court will soon weigh in to provide more guidance on these complex issues, building on the lower court consensus that is already developing.
Humane Markets
Authors: Otteson James R. 
Published: June 2019

AbstractMarkets are often criticized for being amoral, if not immoral. The core of the “political economy” that arose in the eighteenth century, however, envisioned the exchanges that take place in commercial society as neither amoral nor immoral but indeed deeply humane. The claim of the early political economists was that transactions in markets fulfilled two separate but related moral mandates: they lead to increasing prosperity, which addressed their primary “economic” concern of raising the estates of the poor; and they model proper relations among people, which addressed their primary “moral” concern of granting a respect to all, including the least among us. They attempted to capture a vision of human dignity within political-economic institutions that enabled people to improve their stations. Their arguments thus did not bracket out judgments of value: they integrated judgments of value into their foundations and built their political economy on that basis.
The Moral Status of Profit
Authors: Heath Joseph 
Published: June 2019

Abstract
There is a common fallacy, among critics of capitalism, that because firms are licensed to pursue profits, the purpose of the economic system as a whole must be to facilitate the realization of such profits. This is manifestly not the case, because the design of markets, including the insistence on competition between firms, is intended to bid profits down to zero. The lure of profit is what leads firms to compete with one another, which creates an institutionally enforced collective action problem that drives prices toward the level that allows for a more efficient allocation of labor, resources, goods, and services. The achievement of these “market clearing” prices is the actual purpose of the system. This explains why many people find the profit orientation of firms to be morally counterintuitive. Most of everyday morality is aimed at getting people to act more cooperatively, whereas profit-maximization is essentially a free-rider strategy.
Ethics and, in, and for Labor Markets
Authors: McPherson Michael S. , Satz Debra 
Published: June 2019

Abstract
The fact that labor markets have endogenous effects, that labor contracts are incomplete, and that workers and owners have some conflicting interests, distinguishes them from other types of markets such as markets in wheat or gadgets. In this chapter, we explore the consequences of the special nature of labor markets for three specific issues: unemployment, the rise of the gig economy, and the nature and organization of work in a just society. Each of these issues involves the complex interplay of economic considerations with ethics, which implicate considerations such as freedom and coercion, inequality and fairness, and efficiency and productivity.
Deontological Morality and Economic Analysis of Law
Authors: Zamir Eyal , Medina Barak 
Published: June 2019

AbstractWelfare economics—the normative branch of economics—is a consequentialist moral theory. Unlike deontological morality, at least in its basic form it attributes no intrinsic value to prohibitions on active or intentional harming of other people, lying, or promise-breaking, and does not allow people to prioritize their own interests over the overall good. The chapter critically examines several methods of incorporating deontological constraints and options into economic analysis of law and into welfare economics more generally. These methods include an analysis of the long-term and indirect effects of apparently efficient infringements of deontological constraints; a move from act- to rule-consequentialism; incorporating deontological concerns into the definition of good outcomes that should be maximized; and the treatment of moral judgments as preferences whose fulfillment should be maximized along with any other. In addition to these indirect ways, the chapter also examines the integration of thresholds constraints and options into economic analysis of law.
The Normative Economics of Social Risk
Authors: Fleurbaey Marc 
Published: June 2019

AbstractSocial decisions in risky contexts raise a number of difficult questions. Should social decisions be more or less risk averse than the average person? Should we try to avoid large catastrophes more than frequent but limited harms with similar expected impact? Should social decisions be ambiguity-averse or stick to the expected-utility canon? This chapter reviews the normative economics of risk and uncertainty and examines possible answers to these questions, based on the pros and cons of utilitarianism, ex ante egalitarianism, and ex post egalitarianism. The divide between ex ante and ex post approaches reflects a deep trade-off between rationality (embodied in the key properties of the expected utility approach), respect for individual risk attitudes (embodied in the ex ante Pareto principle), and priority for the worse off (or aversion to inequality).
Economic Ethics and the Capability Approach
Authors: Binder Constanze , Robeyns Ingrid 
Published: June 2019

Abstract
This chapter introduces the capability approach and discusses its role in economic ethics. More specifically, we discuss the concept of well-being and freedom underlying the general capabilitarian framework and argue that a number of characterizing features of the capability approach, such as its focus on ends instead of means or the conception of freedom employed in it, makes it particularly well suited for the evaluation of institutions and economic systems in economic ethics. The article concludes by pointing to a number of limits and constraints of the capabilitarian framework in economic ethics.
On the Evolution of Ethics, Rationality, and Economic Behavior
Authors: Rose David C. 
Published: June 2019

AbstractThe neoclassical view of human behavior emphasizes the rational pursuit of self-interest, aptly described as Max-U by Deirdre McCloskey. Most economists today are not aware that leading thinkers in the classical period had a very different view of decision-making. In the classical view most behavior is driven by people doing what they think they are supposed to do under various circumstances. This chapter proposes a framework that captures the spirit of the classical approach to decision-making. This framework is then used to explore how behavior that is better described by Max-U likely evolved in response to the continuing development of the market economy and the evolution of prevailing moral beliefs. Employing ideas from cognitive science, this exercise sheds new light on several persistent puzzles in experimental economics, most notably several shortcomings of expected utility theory. It also explains how new habits of mind increased both creativity and individuality.
Incident-Based Methods for Studying Expertise
Authors: Militello Laura G. , Anders Shilo 
Published: June 2019

AbstractIncident-based interview methods are powerful tools for studying expertise in context. They provide insight into expert cognition that cannot be obtained with other methods. They complement performance measures that show what an expert can do, by providing insight into what is going on in the interviewee’s head. These methods facilitate description of expertise in the context of work and aid in developing testable hypotheses. They can be used to uncover cognitive requirements to support acquisition of skill via decision support design and training. Findings can also be used to inform the design of tools to support expertise and descriptive models to inform basic research. This chapter discusses four types of incident-based interview methods, examines analysis strategies, and provides examples of products resulting from this type of research and their influence on applications. Practical issues associated with the use of incident-based interview methods are considered, and future directions are discussed.
Cognitive Flexibility Theory and the Accelerated Development of Adaptive Readiness and Adaptive Response to Novelty
Authors: Spiro Rand J. , Feltovich Paul J. , Gaunt Aric , Hu Ying , Klautke Hannah , Cheng Cui , Clemente Ian , Leahy Sean , Ward Paul 
Published: June 2019

AbstractThis chapter examines expertise in complex and ill-structured domains from the perspective of cognitive flexibility theory (CFT). The emphasis is on adaptation under conditions of “ordinary novelty.” An approach to situational novelty via meta-features of an adaptive mindset that generalizes across cases in ways that content does not, and that fosters the skill of novel rearrangement of previously encountered case features in ways that are adaptive to new situations, is presented. The chapter describes CFT’s theoretical and empirical approach to combating rigidity and oversimplification, and to accelerating expertise in assembling “schemas of the moment” with learning based on the principled development and application of computer-supported case-based environments. Receiving special emphasis are many new modes of deliberate practice of adaptive flexibility. The chapter concludes with societal implications for today’s rapidly changing and increasingly complex world.
‘Worke it into one relish, and savour’: Jonson’s Discoveries
Authors: Blaine Marlin E. 
Published: June 2019

Abstract
This chapter analyses Ben Jonson’s Timber, or Discoveries, in terms of its genre as a prose miscellany and its concentration on interrelated Jonsonian themes of ethics, politics, and rhetorical style. In particular, it locates Discoveries within the classical and Renaissance miscellany traditions and argues that Jonson’s imitations, borrowings, and adaptations of others’ works in this piece are characteristic of his authorial practice in multiple ways. The purpose of Discoveries, it is argued, is to represent Jonson’s humanistic process of self-fashioning through creative assimilation of texts by other authoritative writers. A governing trope in this discussion is that of the ‘Senecan bee’ that goes from flower to flower, taking nectar from each and assimilating it all into something sweet, nourishing, and new. Jonson’s approving invocation of this metaphor makes it an apt emblem of his own approach to composition. The chapter also surveys critical opinion on the degree to which Discoveries is a finished work, and on Jonson’s intentions for it.
Secular trends of sustained remission in rheumatoid arthritis, a nationwide study in Sweden
Authors: Einarsson Jon T , Willim Minna , Saxne Tore , Geborek Pierre , Kapetanovic Meliha C 
Published: June 2019

Abstract

Objectives
The aim of this study of patients with RA in Sweden was to investigate secular trends in achieving sustained remission (SR), i.e. DAS28 <2.6 on at least two consecutive occasions and lasting for at least 6 months.

Methods
All adult RA patients registered in the Swedish Rheumatology Quality register through 2012, with at least three registered visits were eligible, a total of 29 084 patients. Year of symptom onset ranged from 1955, but for parts of the analysis only patients with symptom onset between 1994 and 2009 were studied. In total, 95% of patients fulfilled the ACR 1987 classification criteria for RA. Odds of reaching SR for each decade compared with the one before were calculated with logistic regression and individual years of symptom onset were compared with life table analysis.

Results
Of patients with symptom onset in the 1980s, 1990s and 2000s, 35.0, 43.0 and 45.6% reached SR, respectively (P < 0.001 for each increment), and the odds of SR were higher in every decade compared with the one before. The hazard ratio for reaching SR was 1.15 (95% CI 1.14, 1.15) for each year from 1994 to 2009 compared with the year before. Five years after symptom onset in 2009, 45.3% of patients had reached SR compared with 15.9% in 1999.

Conclusion
There is a clear secular trend towards increased incidence of SR in patients with RA in Sweden. This trend most likely reflects earlier diagnosis and treatment start, and adherence to national and international guidelines recommending the treat to target approach.
Cervical screening uptake and rates of cervical dysplasia in the British Society for Rheumatology Biologics Register for Rheumatoid Arthritis
Authors: Chadwick Laura , Kearsley-Fleet Lianne , Brown Nina ,   BSRBR-RA Control Centre Consortium,   BSRBR-RA Contributors Group, Watson Kath D , Lunt Mark , Symmons Deborah P M , Hyrich Kimme L. 
Published: June 2019

Abstract

Objectives
To compare cervical screening attendance and cytology (high- and low-grade cervical dysplasia [HGCD and LGCD]) between women with RA and the English general population and between biologic DMARD (bDMARD)-naïve and exposed women.

Methods
The British Society for Rheumatology Biologics Register for RA (BSRBR-RA), a national prospective study of RA treatment outcomes, was linked to the National Health Service Cervical Screening Programme, providing data for 12 785 women to compare with national screening data. Rates of HGCD/LGCD were compared with rates of negative smears using risk difference calculations between BSRBR-RA and national statistics. Within the BSRBR-RA, coverage was compared between those with low and high physical disability scores, while coverage and cytology results were compared between bDMARD-naïve and -exposed RA patients.

Results
The mean 5 year screening coverage was significantly higher in BSRBR-RA (83%) compared with the general population (79%), but lower in women with high disability (78%) compared with lesser disability (85%). Risk differences for HGCD were lower in the BSRBR-RA compared with national statistics, whereas risk differences for LGCD were higher. There was no statistically significant difference in the rates of HGCD or LGCD between bDMARD-exposed and -naïve women.

Conclusion
This first-ever British analysis of cervical screening rates in RA has shown that women with RA have higher screening rates than the general population. Disability negatively impacts attendance, but treatment type does not. Women with RA did not have an increased risk of HGCD compared with national statistics, which was also not influenced by bDMARD exposure.