bluuebunny/crossref_metadata_2025_split huggingface dataset:
The Scope of the Willful Ignorance Doctrine (I)
Authors: Sarch Alexander 
Published: June 2019

Abstract
Determining when the equal culpability thesis holds sets the boundaries in which the willful ignorance doctrine is to be applied. Chapter 3 thus considers the best existing attempts to specify the conditions in which the equal culpability thesis holds, but proceeds to argue that none succeeds. Still, each failure is instructive. First, the chapter argues against the unrestricted equal culpability thesis. Not all willful ignorance, it turns out, is as culpable as the analogous knowing misconduct. Then the chapter argues against the three leading attempts to restrict the thesis. Section II argues against a restriction that appeals to bad motives, while Section III argues against a common counterfactual restriction (according to which willful ignorance is as culpable as knowing misconduct when one would do the actus reus even with knowledge). The latter proposal fails since criminal culpability does not depend on considerations about counterfactual conduct or one’s willingness to misbehave. Finally, Section IV discusses a third restriction, offered by Deborah Hellman, which asks whether the decision to remain in ignorance was itself justified. This version of the thesis is on the right track, but still requires refinement in important ways.
Subwillful Motivated Ignorance
Authors: Sarch Alexander 
Published: June 2019

Abstract
Chapter 7 dealt with the difficulties for equal culpability substitution at the top end of the mens rea hierarchy. The aim of Chapter 8 is to probe the limits of equal culpability substitution at the low end of the hierarchy. Specifically, the chapter investigates whether some forms of ignorance that fall outside the legal definitions of willful ignorance and recklessness, but fit within negligence, nonetheless might be sufficiently culpable to substitute for higher mental states. The chapter argues that there is at least one category of such subwillful motivated ignorance for which this is true. The same reasoning that underwrites the willful ignorance doctrine suggests that one also should not be able to escape liability by deliberately preventing oneself from forming the suspicions one should have had. However, the chapter also argues that some forms of subwillful motivated ignorance are too difficult to distinguish from lesser varieties of negligence to be capable of substituting for recklessness. Thus, this chapter aims to demarcate the lower boundary on equal culpability substitution.
Conclusion
Authors: Sarch Alexander 
Published: June 2019

Abstract
The conclusion of Criminally Ignorant: Why the Law Pretends We Know What We Don’t provides an overview of the main takeaways from the book. At its broadest, this is a book about a common legal fiction: the criminal law’s practice of pretending we know what we don’t. Maybe one instinctively feels scandalized by legal fictions. It’s natural to want the law to be honest and accurate. Nonetheless, this book has tried to give reasons not to be so worried and actually get on board with the kind of legal fiction at issue here. The book has argued that equal culpability imputation involves a justified fiction that promotes valuable aims. At least when properly constrained, it is justified for the law to treat you as if you had certain culpability-relevant mental states (like knowledge of inculpatory facts or awareness of risks) that you didn’t literally possess. What justifies it? The same purposes the criminal law generally serves: protecting our core interests, rights, and values.
The Importance of Work in an Age of Uncertainty
Authors: Blustein David L. 
Published: June 2019

Abstract
This book provides a deeply psychological view of working in America with the intention of transforming existing assumptions and policies about work. At its best, working can provide a powerful sense of aliveness and meaning in our lives; yet, working can also be the source of psychic pain, distress, and despair. The book uses psychological and social science research in conjunction with qualitative analyses of 58 in-depth interviews with adults from across the country who were working or struggling to find work. This book explores the various ways in which working serves to sustain a sense of aliveness, including being able to survive and thrive, connect with others, contribute to something greater than ourselves, be the best we can be, being able to care for others, and being able to work without oppression and harassment. A major conclusion of this book is that the workplace in America is eroding across many dimensions, leaving people feeling untethered and insecure about their futures, with many people feeling anxious and very distressed. Recommendations for individual and community-based adaptations are described along with suggestions for public policy reforms, including efforts to infuse human rights into the workplace, create more sustainable working conditions, and develop supportive structures in society and the economy that allow all people to engage in decent and dignified work.
Being Able to Survive and Thrive
Authors: Blustein David L. 
Published: June 2019

Abstract
This chapter presents a comprehensive review of the ways in which the needs for survival and power intersect with working. Beginning with an overview of Maslow’s need hierarchy (which indicates the need for survival is fundamental to our existence) and the psychology-of-working framework, vignettes from the participants from the Boston College Working Project provide an in-depth perspective about the complex ways that striving for survival intersects with relationships, financial security, and thriving. The chapter concludes with a discussion of the role of time perspective and work volition in relation to the need to survive. The chapter makes clear that the drive for survival is an essential aspect of being alive in the world. Creating opportunities for people to meet this integral aspect of human experience, naturally, is a challenge that requires the best of our inner spirits and a commitment to nurturing the needs of the entire spectrum of people in our communities.
Being Without Work
Authors: Blustein David L. 
Published: June 2019

Abstract
This chapter focuses on the experiences of unemployment, underemployment, and precarious work, which are essential in understanding the importance of work in people’s lives. This chapter begins with an overview of how unemployment has been understood in psychology, focusing on an identification of the latent attributes that work provides for people and communities. The participants from the Boston College Working Project identified the emotional toll of unemployment, the struggles of the job search, and ideas about how public policy should address unemployment. The chapter then provides an integrative perspective of the psychological consequences of unemployment and a discussion of the tendency for unemployed individuals to blame themselves for their struggles. The chapter concludes with policy advice about how society can support the natural striving to work and to contribute to one’s survival and well-being via work.
Introduction
Authors: Budasz Rogério 
Published: June 2019

Abstract
The introduction provides the historical background and sets the stage for the music-theatrical developments that the following chapters will address in detail. It explains in general terms the reasons for a number of administrative choices made early in the colonization, which had a profound impact in fomenting the sociocultural environment in which music and theatrical arts flourished. It advances the main arguments of the book, stressing that the circulation of repertory and artists between metropolis and colony was a two-way road, and local artists exercised relative agency in adapting old models and forging new paradigms. It concludes by providing an overview of the book.
Musical Sources and Archives
Authors: Budasz Rogério 
Published: June 2019

Abstract
This chapter examines the nature and uses of music in early Luso-Brazilian theater from the eighteenth to the early nineteenth century. The first part considers the processes and choices that determined the formation of a theatrical music repertory during the late colonial period. The second part describes the extant musical sources of theatrical music once performed in Portuguese America and now at libraries and archives in Portugal (Paço Ducal de Vila Viçosa, Biblioteca do Palácio da Ajuda) and Brazil (Acervo Curt Lange, Biblioteca da UFRJ, Museu da Música de Mariana), as well as those that have disappeared but can be identified through nonmusical sources. The chapter closes with a discussion ofthe first examples of sung-through Italian operas composed in Brazil.
Venues
Authors: Budasz Rogério 
Published: June 2019

Abstract
This chapter considers the emergence of theatrical spaces in the main captaincies of Portuguese America. The first part examines the typology of such constructions (tablados, pátios de comédias, and casas da ópera) and explores the role played by the accelerated urbanization of the colony and the inconsistent application of enlightened policies in the second half of the eighteenth century. The second part examines the most important constructions, considering the individuals, processes, and ideologies that determined their creation, with an emphasis on the alleged function of the theater as a school of customs. It also argues that a number of theaters in Belém, Rio de Janeiro, São Paulo, and Ouro Preto were conceived, and for a period of time even managed, as extensions of the state politico-ideological apparatus. The chapter concludes with a discussion of the early-nineteenth-century concept of theater as monument, a place of overlap between the civic and political spheres.
Uses
Authors: Budasz Rogério 
Published: June 2019

Abstract
This chapter investigates the uses and functions of musical theater within the sociopolitical fabric of Portuguese America. It examines its role in the narratives produced in the context of civic festivals and literary academies and how these texts and practices engaged individuals from all layers of colonial society as subjects of the Portuguese empire. It also considers the civilian and political uses of theater as an ideological tool, a means of acquiring and maintaining symbolic capital, and in some cases even a distraction from the wrongdoings of colonial administrators. The last section of the chapter deals with the presence of the Portuguese court in Rio de Janeiro at the dawn of independence, when theater became the locus of political and aesthetic controversies that placed newly arrived Portuguese and local Brazilians on opposite sides. The controversy surrounding the drama O juramento dos numes is at the core of this discussion.
Epilogue
Authors: Budasz Rogério 
Published: June 2019

Abstract
This concluding section discusses how emerging nationalist discourses during the mid nineteenth century were based on misconstrued narratives of cultural decline. It examines an anonymous 1859 chronicle that claimed for the development of a “national” opera while lamenting the perceived harmful results of the arriving of Italian singers and opera companies after the independence. The ensuing discussion considers how early forms of vernacular opera were met with resistance of the elites throughout the nineteenth century. For centuries promoting an effacing of boundaries between high and low culture, privileging borrowing and adaptation, allowing flexibility and improvisation, vernacular opera was now regarded as obsolete and deemed incompatible with civilization, while Italian opera was legitimized as a cultural propriety of an aristocratic elite.
The Constant Rigor of the Anthropocene
Authors: Toly Noah J. 
Published: June 2019

Abstract
This chapter concludes the book by examining the Anthropocene in light of the tragic and the cruciform imaginary. In response to Anthropocene realities that relate individual lives and choices to epochal planetary changes, some have argued that humans are like gods, should embrace their now-recognizable world-changing power, and should pursue “the good Anthropocene.” This chapter argues, instead, that the tragic is a key feature of the Anthropocene, in which some creative possibilities must be foregone, given up, or undermined in order to embrace others. This constancy of the tragic demands a response that embraces the “constant rigor” of responsible action and the pursuit of a “humane Anthropocene.”
Opening Israel's Scriptures
Authors: Davis Ellen F. 
Published: June 2019

Abstract
In thirty-six essays, Davis moves book by book through the Hebrew Bible/Old Testament, from Genesis to Chronicles, offering practical exegesis for a broad audience. This is a selective yet comprehensive guide—rather than a commentary or textbook—to the core concepts, literary patterns, storylines and theological perspectives that are central to Israel’s Scriptures. Integrating the insights of contemporary scholars with those of classical theological resources in Jewish and Christian traditions, and also with the experiences and concerns of contemporary readers across the globe, she shows that the critical interpretation of Scripture is provisional, open-ended work, a collaboration across generations and cultures.
Genesis
Authors: Davis Ellen F. 
Published: June 2019

Abstract
Several literary and theological patterns that appear first in Genesis prove to be central to the Bible as a whole. The creation stories focus not on the origins of species but on the creation of relationships between God and the world, and among creatures within the world. These relationships are initially marked by intimacy and pleasure. However, the Primeval History traces multiple human-induced ruptures into the created order that are followed by suffering, divine judgment, and finally a new relational reality introduced by God. The pattern of ruptures and new divine initiatives is marked by a corresponding series of blessings and curses. Starting with Abraham, certain women and men are transformed by the responsibility of bearing and perpetuating God’s blessing for the world.
Leviticus
Authors: Davis Ellen F. 
Published: June 2019

Abstract
Leviticus articulates an embodied and enacted spirituality that cannot be abstracted from physical, social, and economic practices. The book raises several issues debated in contemporary faith communities, and its symbolism is central in both Judaism and Christianity. Beginning with a focus on sacrifice, Leviticus shows that we eat and live by the grace of God. The ritual of atonement and the prohibition on eating blood (16‒17) highlight how blood may symbolize the covenant that binds human life to God. The book’s final section (17‒27) points to the importance of land as a mirror of human existence, an extended sanctuary, a partner in covenant, and an agent of covenant justice.
Numbers
Authors: Davis Ellen F. 
Published: June 2019

Abstract
The book of Numbers is a meandering story of Israel in the wilderness, of geographical and generational transition, told by means of narratives that alternate with ritual and legal prescriptions. A central theme of the first long section of the book (1‒24) is the corporate sin of Israel, and four detailed narratives trace the steady spiritual deterioration—through ingratitude, doubt, and religious presumption—of the older generation that came out of Egypt. The extravagant blessings pronounced through Balaam provide a concluding frame, indicating that divine blessing ultimately trumps human failure. Two difficult texts (chaps. 5 and 25) explore themes of sex, violence, and jealousy; both are best read as symbolic narratives representing the relationship between YHWH and Israel, and the intensity of divine jealousy.
Judges
Authors: Davis Ellen F. 
Published: June 2019

Abstract
The book of Judges begins the unsparing critique of Israel’s national leadership that is central to both Former and Latter Prophets. A major theme of the book is how the divine will may be known and executed by those in positions of responsibility. Instead of following Deuteronomy’s injunction to do what is good in the eyes of YHWH, the people repeatedly do what is good in their own eyes. The stories of the judges trace a gradual decline in faithfulness. The book features numerous memorable women, even when the focus may be on a male figure, such as the ambiguous and troubling portrayal of Samson. Here and elsewhere, violence against women is a primary marker of Israel’s moral decline.
Minor Prophets
Authors: Davis Ellen F. 
Published: June 2019

Abstract
The prophets of the eighth and seventh centuries were social critics and also poets of great power who responded to internal social pressures and external military threats. Amos, Micah, and Hosea convict Israel and Judah of sin through carefully structured oracles and metaphors that fit the contours of particular social situations—and may be misunderstood by readers who do not know the prophet’s social context. Amos pioneers the language of exile. Micah exposes the corruption of Jerusalem’s elite, who stripped peasant farmers of their land, although he also finds hope for the city in YHWH’s vision of faithfulness in Zion. Hosea is the first to use the language of extreme intimacy—sexuality and marriage—to characterize the covenant between God and Israel. The books of Nahum and Jonah take opposing perspectives on the threatened destruction of Nineveh (Assyria); together they attest to the prophetic task of discovering a public voice for reckoning honestly with the hatred of national enemies.
Isaiah
Authors: Davis Ellen F. 
Published: June 2019

Abstract
Isaiah is the most literarily complex of the prophetic books, and the one with the richest afterlife in both Jewish and Christian traditions. First Isaiah asserts the radical implications of YHWH’s sovereignty—a core political concept for Judah and “many peoples.” The canonical “vision of Isaiah” expands vastly in Second and Third Isaiah, which differ drastically in their tones. Second Isaiah represents a new mode of prophecy, designed specifically to counter the despair of the Judean exiles. Third Isaiah, addressed to the disillusioned and divided community that is reestablishing itself in Judah and Jerusalem under Persian oversight, is prophecy for the in-between times, and that may be its value for contemporary preachers.
Jeremiah and Lamentations
Authors: Davis Ellen F. 
Published: June 2019

Abstract
Jeremiah and the Jeremiah-like voice in Lamentations provide immediate, insider views of Jerusalem’s decline and fall. Jeremiah’s laments give prophetic authority to anguished outcry as a mode of prayer. The highly structured poems of Lamentations belong to the ancient Near Eastern genre of lament for a city—a transcultural tradition that continues in Mahmoud Darwish’s twentieth-century poem “Silence for Gaza.” The acrostic poems of Lamentations, which constitute the most prolonged, intense expression of grief and shock in the Bible, force readers to reckon with the question of theodicy, God’s justice. Several literary features of this Hebrew poetry may also contribute to the work of reclaiming hope.
Ezekiel
Authors: Davis Ellen F. 
Published: June 2019

Abstract
Ezekiel’s prophecy was a major factor in the centuries-long transformation of Israel’s national religion into two vibrant global faiths. Ezekiel is the most theocentric of biblical writers; his biography and personal voice are eclipsed by divine oracles and vision reports, with only the sparest narrative frame. With shocking displays of “antilanguage,” including the grotesque metaphor of Israel as a faithless wife and imagery that evokes the shaming of war victims, Ezekiel seeks to strip Israel of self-destructive pride and refocus attention on YHWH, not Babylonia. The final chapters rise to a modulated hopefulness, through visions of the people’s resurrection and the reordering of sacred space. Later Ezekiel’s restoration vision would inspire the prophet Haggai’s successful campaign to rebuild the temple, providing the groundwork for a new consolidation of Jewish religious practice around the temple and the high priest.
The Psalms
Authors: Davis Ellen F. 
Published: June 2019

Abstract
Through prayer and poetry, the psalmists seek to situate themselves simultaneously in the world and in relation to God. The language of praise is grounded in recognition of divine generosity; God is both the subject and source of praise. The first-person psalms openly express vulnerability, awareness of a social world that is complex and often dangerous. Although the book bears the title Tehilim, “Praisings,” the first half is dominated by lament psalms. Genuine lament is a learned skill involving exacting theological work. The psalms offer emergency language to deal with fear and loss, anger toward enemies and the tension between faith and despair.
An Economy of Innovative Dynamism
Authors: Diamond Arthur M. 
Published: June 2019

Abstract
Economies have grown where innovative dynamism has flourished, especially in the United States from roughly 1830 to 1930. Innovations are not inevitable, but occur when inventors can invent and entrepreneurs can innovate. Individual inventors matter and are scarce. Thomas Edison was not the only one to invent a light bulb but was the first to invent a bulb that would stay lit at a price that ordinary people could afford. Leapfrog competition occurs when an innovation improves on, and at least partly replaces, an older technology. The best size for a firm varies with technology, industry, and business model. With John D. Rockefeller’s process innovations, Standard Oil succeeded as a big firm. But horizontal mergers failed in many other industries during the same period. Big incumbent firms can implement innovations, but are disadvantaged at starting breakthrough innovations. Baldwin Locomotive and Netscape illustrate that firms can contribute and then exit with honor.
The Innovative Entrepreneur
Authors: Diamond Arthur M. 
Published: June 2019

Abstract
Cognitively diverse project entrepreneurs are the ones most likely to succeed at making a ding in the universe. Project entrepreneurs are more effective because they are more likely to persevere at achieving their project and at undertaking new breakthrough innovations. Cyrus Field, Marconi, Walt Disney, Sam Walton, and Steve Jobs were project entrepreneurs. Innovative entrepreneurs are likely to either know less theory, or to take theory less seriously, which allows them to try what theory says is impossible. For instance, the physics of Marconi’s day said that his radio waves should go straight into space rather than curve with the earth to cross the Atlantic. Conversely, innovative entrepreneurs often have more tacit knowledge. Innovative entrepreneurs pursue serendipitous observations or slow hunches, often through trial-and-error experiments, and may benefit from cognitive diversity, such as dyslexia and Asperger’s syndrome. What inventors and entrepreneurs know is the subject matter of the epistemology of innovation.
The Great Fact and the Good Life
Authors: Diamond Arthur M. 
Published: June 2019

Abstract
Deirdre McCloskey’s Great Fact of economic history is the enrichment in the West that started during the Industrial Revolution, following millennia of life being, as Hobbes says, “poor, nasty, brutish, and short.” Hunter-gatherers lived violent, uncertain, often repetitive lives, far from the Golden Age that some imagine. Goods can be good if they provide John Rawls’s primary goods that are needed for achieving almost any life plan. They can be even better if they help us to achieve the higher goods related to the creativity, challenge, and fulfillment that Abraham Maslow discussed in his hierarchy of needs. Many who seem to oppose new goods are accidental Luddites, only opposing the particular new goods that they fear will harm them. After digesting its brain and backbone, a sea squirt spends the rest of its life vegetating. A human retains her brain and backbone, and so must act to thrive.