bluuebunny/crossref_metadata_2025_split huggingface dataset:
Decision-making from Application to Outcome
Authors: Hoyle Carolyn , Sato Mai 
Published: March 2019

Abstract
This chapter examines how law, policy, and culture shape organisational decision-making at the Criminal Cases Review Commission. Drawing on Chun Wei Choo's concept of a ‘knowing organisation’, it considers how the organisation aims to influence the work of commissioners and case review managers. Choo's sociology of an organisation is used to analyse those institutional forms of knowledge that seek to direct decision-making at the Commission: primarily, the Formal Memoranda and the Casework Guidance Notes. The chapter goes on to describe the various stages in the progress of an application to show the many points at which discretion might be exercised, namely: screening and reviewing cases. It explains how the Commission decides when it comes to conducting an investigation, collecting evidence, and appointing an investigating officer to the case. It also discusses the Commission's ‘post-decision’ decision-making and concludes by returning to Choo's notion of sense making and knowledge creation.
Complainant Credibility in Sexual Offence Cases
Authors: Hoyle Carolyn , Sato Mai 
Published: March 2019

Abstract
This chapter examines the Criminal Cases Review Commission's approach to sexual offence cases that tend to present evidence pertaining to the credibility of the complainant. Drawing on forty-six cases reviewed by the Commission during the period 1998–2011, the chapter considers how the Commission establishes complainant credibility by discussing its decision ‘field’ in relation to the changing environment of the ‘surround’. It also explores developments in the field before and after 2006, the Court of Appeal's stance on the type of credibility that might persuade it to quash convictions, and the wider politics and media contribution to the growing concerns about victims of historical sexual abuse. Finally, it analyses the Commission's response to changes in the surround — driven by real experience of victim bashing and evidence of wrongful convictions — and identifies contrasting decision frames: a frame that is sensitive to the changing surround versus a frame concerned with wrongful convictions.
Feudal Baron
Authors: Patterson Robert B. 
Published: March 2019

Abstract
Family affairs, land usage, and seigniorial status are the most visible elements of Earl Robert’s baronial life. There are examples of his children being reared and later maintained in his household. Several were provided with appanages and politically important marriages. Failure to provide at least part of such aristocratic advancement led to a son’s rebellion. As a landlord, Robert was a demesne developer, patron of the rising burgess class, and ally of its upper echelon. Subinfeudated lands also obtained various personal services and revenue. Robert developed a tiered, barony-wide administration which included household officers, a writing office, and, during the Anarchy, a die-producing mint at Bristol for his own coinage. Proprietary relationships with ecclesiastical lords involved him in treaty-making efforts.
The Empress’s Champion
Authors: Patterson Robert B. 
Published: March 2019

Abstract
Earl Robert of Gloucester became chief sponsor of the Empress Matilda’s claim to the throne of England in 1138 only after engaging in earlier disloyal political acts. He repudiated his homage to King Stephen mainly because of losing his former curial status and possibly from fear of Stephen’s seizure of his lands. As his sister’s commander-in-chief, the earl enjoyed both political and military authority. His military record is mixed. His great victories were at Lincoln, where Stephen was captured, and Wilton, which contributed to the earl’s establishment of a quasi-dominion in the southwest, where silver pennies were issued in his own name by barons who were members of his affiliate. However, Robert’s career included embarrassing defeats, one of which occurred just before his death. His efforts, nevertheless, made an Angevin succession possible.
The Poetry and Music of Science
Authors: McLeish Tom 
Published: March 2019

Abstract
‘I could not see any place in science for my creativity or imagination’, was the explanation, of a bright school leaver to the author, of why she had abandoned all study of science. Yet as any scientist knows, the imagination is essential to the immense task of re-creating a shared model of nature from the scale of the cosmos, through biological complexity, to the smallest subatomic structures. Encounters like that one inspired this book, which takes a journey through the creative process in the arts as well as sciences. Visiting great creative people of the past, it also draws on personal accounts of scientists, artists, mathematicians, writers, and musicians today to explore the commonalities and differences in creation. Tom McLeish finds that the ‘Two Cultures’ division between the arts and the sciences is not after all, the best classification of creative processes, for all creation calls on the power of the imagination within the constraints of form. Instead, the three modes of visual, textual, and abstract imagination have woven the stories of the arts and sciences together, but using different tools. As well as panoramic assessments of creativity, calling on ideas from the ancient world, medieval thought, and twentieth-century philosophy and theology, The Poetry and Music of Science illustrates its emerging story by specific close-up explorations of musical (Schumann), literary (James, Woolf, Goethe) mathematical (Wiles), and scientific (Humboldt, Einstein) creation. The book concludes by asking how creativity contributes to what it means to be human.
Creative Inspiration in Science
Authors: McLeish Tom 
Published: March 2019

Abstract
Personal accounts of the creative process in science tell us that there is no ‘method’ to the conception of a new scientific idea. Stories from physicist Richard Feynman, the author’s own scientific experience, an example of physics and biology working together, and a conversation of scientists assembled in Cambridge by The Imagination Institute, all give different accounts of the ways that imagination can play out in science. Themes emerge from these raw accounts that will shape the subsequent chapters: especially the experienced typology of imagination into visual, textual and abstract forms. The subtle interaction of conscious and non-conscious thought raises questions of the link between cognition and aesthetic response in mental creative acts.
Emotion and Reason in Scientific Creation
Authors: McLeish Tom 
Published: March 2019

Abstract
The dual roles of cognition and emotion in creativity that have emerged at many points in the book so far are examined in their own right. Through the lens of medieval philosophy, especially the work of Robert Grosseteste, then Kant, Spinoza, Hume, and the recent study of Iain McGilchrist, this chapter examines the structure of how the affective works in the origination of ideas, not just in response to them. Contemporary scientific testimony to the creative function of emotion leads to a detailed case study of a Caltech project to develop a polymer additive to make jet fuel safe in crashes, and other stories of scientific creation, earth the philosophical discussion in experience.
Sexuality and Love
Authors: van Houts Elisabeth 
Published: March 2019

Abstract
This chapter discusses sex and the married couple, beds and bedrooms, and love and affection. The chapter illustrates in a sense the enduring human experience of living in sexually satisfying relationships if couples were fortunate to have found compatible partners. Amongst the elites arranged marriages could result in disastrous unions, though they were probably exceptions rather than the rule. Once the couple were married the clergy became even more invisible than they were during the process of couples getting married. The evidence on sexual pleasure as compatible with happy marriages in fictional narratives seems in line with loving and affectionate married bonds. Admittedly, evidence of love and affection mostly surfaced in moments of crisis characterized by the threat of loss of the beloved husband or wife.
End of Marriage and Remarriage
Authors: van Houts Elisabeth 
Published: March 2019

Abstract
This chapter discusses how marriages ended in death or dissolution or annulment, and how couples would start another marriage. There is a discussion on the couple’s sexuality after remarriage, as well as one on children and stepchildren. In the case of remarriage, the ingrained attitude of the clergy, theologically and practically, was that widows ideally should remain single. Yet, there were plenty of chaplains and other clerks sympathetic to the plight of those who were widowed and supportive of their wish to remarry. Fictional literature concentrates on the widow, not on the widower, and paints her as either devoted to her late husband’s memory or as sexually predatory. Chronicles and charters reveal complex and gendered relationships between stepparent and stepchild.
Perspectives and Agendas
Authors: Bains Sunny 
Published: March 2019

Abstract
“Perspectives and Agendas” discusses why it’s important not to believe everything you read: even well-meaning experts often have specific perspectives based on their disciplines, their interests, and who their friends and rivals are. This chapter considers these agendas, where they come from, and why those who have negative things to say are often more useful than those who have a more positive outlook. It looks at trust, bias, competitive relationships, dependent relationships, expertise, disagreement, rivalry, and collaboration. It also considers the dangerous concept of “balance” and why it is too often used to avoid responsibility for making an informed judgment based on the available evidence.
Eye Tests and Stretcher Drill
Authors: Meyer Jessica 
Published: March 2019

Abstract
This chapter examines the ways in which men were recruited to the Royal Army Medical Corps throughout the period 1914 to 1918 using both official documentation relating to recruitment policy and personal recollections of the recruitment process. It then examines training manuals, both official and unofficial, to explore how civilian recruits were turned into servicemen with particular forms of caregiving expertise. In particular, it examines how these men’s training distinguished them not only from civilian society but also arms-bearing combatant units through the focus on specific forms of training and knowledge acquisition. In doing so, it explores questions of chance and continuity in the identity of the Corps, demonstrating how the status of military medicine altered over the course of the war, with consequences for the subjective masculine identities of the men who served in the ranks of the RAMC.
The Ramifications of the War Origins Debate
Authors: Ingram Norman 
Published: March 2019

Abstract
The debate on war origins had immediate political repercussions for the Ligue des droits de l’homme. The Ligue’s first wartime Congress (November 1916) debated the ‘conditions for a lasting peace’. The debate revolved around two issues: France’s relationship with its autocratic, undemocratic ally, imperial Russia, and in particular how to square support for all that the League stood for with Russia’s treatment of its oppressed minorities, especially the Poles; and secondly, calls for a negotiated end to the war. The debate showed how the LDH was divided between a majority which believed that arbitration could only be applied in times of peace and a minority which demanded an immediate end to the carnage. It also underlined the minority’s deep suspicion of Russia, which was to have deleterious effects twenty years later. The divisions between minority and majority had solidified by the end of the war.
The Wounds of War (1919–24)
Authors: Ingram Norman 
Published: March 2019

Abstract
The beginning of the interwar period brought an intensification of the war guilt debate within the Ligue des droits de l’homme. There was vigorous discussion of the question of the Russian general mobilization in 1914. Repeated attempts by the Ligue’s minority to extract a commitment to seek revision of the Versailles Treaty failed. The most that the majority would concede was that the Treaty was legally flawed because it had been forced on Germany, but it continued to believe that the Treaty expressed a valid moral and historical point. The Ligue demanded—unsuccessfully—the publication of French documents relating to the outbreak of the war. The majority continued to argue that there was no point in opening a debate on war origins, although by the end of 1924 it is clear that it was much less confident in the rectitude of its position.
EU Fiscal Policy Coordination in Hard Times
Authors: Rommerskirchen Charlotte 
Published: March 2019

Abstract
What happens to European Union (EU) fiscal policy coordination in hard times? Recent accounts of the EU have portrayed the Union as plagued by an austerity regime and rampant moral hazard. Charlotte Rommerskirchen provides an alternative account of economic cooperation in Europe during the Great Recession and the European Debt Crisis. Drawing on Mancur Olson’s theory of collective action, EU Fiscal Policy Coordination in Hard Times combines evidence from statistical analysis and extensive interviews with key players. This book reaches an unexpected conclusion regarding the state of collective action in times of crises: Free riding was not rife. Despite heated accusations, member states’ crisis policies matched their fiscal room for maneuver. The real collective action failure is instead diagnosed in the inability to sanction free riders at the EU level and empowering erratic bond markets to discipline governments.
Market Discipline
Authors: Rommerskirchen Charlotte 
Published: March 2019

Abstract
Free riding is endemic. But it is not the type of first-order free riding that politicians and EU officials publicly chastised. Instead, fiscal policy coordination is burdened by a serious internal enforcement problem; that is, second-order free riding. The argument presented here is different from the usual decrying of a lack of enforcement in fiscal policy coordination, which is said to invite member states to engage in rampant fiscal free riding. This chapter contests that without internal enforcement within the EU, fiscal policy coordination has come to rely on market discipline with dire consequences for its members. The chapter demonstrates that, in contrast to fiscal rules and intergovernmental agreements, the incentives provided by market discipline shape public finances.
Just Words
Authors: McGowan Mary Kate 
Published: March 2019

Abstract
We all know that speech is harmful but we need to be as clear as possible about what the harms are and how the speech in question brings about those harms. Clarity on these two points is important for jurisprudential reasons. It is also important for social, political, and moral reasons. Just Words identifies a previously overlooked mechanism by which speech constitutes, rather than merely causes, harm. Speech constitutes harm when it enacts a norm that prescribes that harm (so that following the norm brings about the harm). Just Words argues that there is a ubiquitous but hidden way that speech enacts norms thereby highlighting important but previously overlooked constitutive connections between speech and harm. The investigation begins in the kinematics of conversation where it is argued that conversational contributions (surreptitiously but routinely) enact highly localized norms for the very conversation to which they contribute. It is then argued that the phenomenon generalizes to extra-conversational social practices. Just Words explores many categories of speech including sexist remarks, racist hate speech, pornography, verbal triggers for stereotype threat, micro-aggressions, political dog whistles, SLAM poetry, and even the hanging of posters. It also explores a variety of harms including oppression, subordination, discrimination, domination, harassment, and marginalization. In addition to exploring how speech enacts such harms, Just Words also explores ways to remedy those harms.
On Pornography
Authors: McGowan Mary Kate 
Published: March 2019

Abstract
This chapter uses the framework of covert exercitives to explore potential harms of actions involving certain types of pornography. The sorts of pornography of interest are clarified and the pornographic is shown to be context sensitive. This chapter focuses on the harms of subordination and silencing. Langton’s account of the subordinating force of pornography is critically assessed. An alternative model, relying on the covert exercitive, is presented and its advantages are illustrated using real world examples from the law. Various kinds of silencing are identified, the speech act of refusal is clarified, and both causal and constitutive connections between actions involving pornography, on the one hand, and the harms of subordination and silencing, on the other, are here discussed.
Free Will and the Burden of Proof
Authors: Lycan William G. 
Published: March 2019

Abstract
Moore’s method is deployed in favor of the compatibility of free will with causal determinism. It is pointed out that the compatibilism issue has always been set up prejudicially: the compatibilist has been required to offer an analysis of “free action” that both is correct and exhibits the compatibility with determinism. This chapter argues that according to sound dialectical procedure, but contrary to tradition, the incompatibilist bears the burden of proof, and that an incompatibilist argument will contain a bare philosophical assumption that should be rejected on Moorean grounds. (Moreover, a compatibilist not only need not but should not attempt an analysis of “free action.”) All this is illustrated by a close examination of the impressive “Consequence argument” for incompatibilism.
Intuitions and Coherentism
Authors: Lycan William G. 
Published: March 2019

Abstract
The method of reflective equilibrium is a special case of explanatory-coherentist epistemology. This chapter defends explanatory coherentism against pertinent objections: Keith Lehrer’s problem regarding the data base; the charge of unacceptable conservatism; Stich’s threat of relativism; Goldman’s problem of wild and crazy beliefs; and Hacking’s doubt that explanatory virtues such as simplicity have anything to do with truth. The epistemological picture defended in this book does not incur the traditional problem of “getting from” one’s own sensory experiences to the external world, and so offers an unusual answer to the skeptic. But if one were to engage that problem, the explanatory coherentist has a viable approach.
Interviewing Perpetrators against the Backdrop of Ethical Concerns and Reflexivity
Authors: Rauschenbach Mina 
Published: March 2019

Abstract
This chapter takes stock of experiences gained through a research project on the perspective of individuals accused by the International Criminal Tribunal for the Former Yugoslavia (ICTY). Using interviews, it analyses the discourse of eighteen individuals accused of having indirectly (i.e. ordered, planned, not prevented) or directly (i.e. personally committing a crime) participated in international crimes. It shows how identity positions and power relations must also be accounted for in terms of their specific implications for ethical concerns and reflexivity when carrying out such research. It discusses how the interviewees’ particular status, in its legal and political dimensions, affected the sampling procedures, the organization of the interview situation, process, its outcomes, and outputs, as well as the researchers’ roles in shaping the interview process and research outcomes. It concludes by reflecting upon the significance of the ‘figure of the perpetrator’ in academia and beyond.
Religion and International Crimes
Authors: Nanninga Pieter 
Published: March 2019

Abstract
This chapter introduces insights from the field of religious studies to research on perpetrators in order to examine the relationship between religion and international crimes. To this end, the chapter focuses on the case of the Islamic State, and particularly its crimes against the Iraqi Yazidi community and its attacks in the West. Based on primary sources, it argues that religion plays a primary role in the perpetrators self-understandings, serving as a significant framework through which they shape, justify, and give meaning to their violence. However, the chapter also demonstrates that religion cannot be consistently distinguished from non-religious or secular aspects of violence. Therefore, it argues, attributing a particular role to religion in explaining international crimes is inconsistent, and distinguishing between ‘religious violence’ and its secular counterpart not very helpful. Based on these observations, the chapter concludes by providing suggestions for future research on the topic.
Plausible Deniability
Authors: Vukušić Iva 
Published: March 2019

Abstract
Outsourcing illegal violence and plausible deniability feature among the main reasons for states to establish, finance, equip, and direct actions of paramilitary units. Political and military leaders have an interest in distancing themselves from crimes, which are committed to further their political goals. This chapter discusses some of the reasons that make prosecuting paramilitary violence more difficult by analysing examples from the International Criminal Tribunal for the former Yugoslavia (ICTY). After reviewing relevant trials and their outcomes, the main conclusion is that plausible deniability works and results in shielding high-ranking officials from criminal responsibility. Overall, it is the lower-level perpetrators that receive punishment, and not those who have sent them on their missions, especially when those missions are across state borders. If courts do not find ways to hold accountable those that establish, fund, and direct paramilitaries as they persecute civilians, future perpetrators will not be deterred.
Displacement of Traditional Labour Laws
Authors: Marshall Shelley 
Published: March 2019

Abstract
This chapter tracks the creation of a highly successful model for regulating the performance of head-load work in the Indian state of Maharashtra. The work normally consists of loading, unloading, carrying, shifting, weighing, tapping, and stacking goods. This is harsh physical labour, often undertaken in extreme heat. Following a concerted campaign in the 1960s, a tripartite regulatory system was introduced to overcome many of the problems historically faced by the mathadi workers, such as a lack of job security and access to social security. The study is a fruitful site of regulatory learning because India’s legislatures have been more active in regulating informal work, particularly in the domain of providing social security, than perhaps anywhere else in the world. The Indian state has used various mechanism to do this, the best-documented of which are the Welfare Boards of Kerala. In contrast to the Welfare Boards, there is very little written about the Mathadi Boards of Maharashtra, which have a broader regulatory reach and have arguably been far more successful.