bluuebunny/crossref_metadata_2025_split huggingface dataset:
Gendering Indigenous Self-Government
Authors: Kuokkanen Rauna 
Published: March 2019

Abstract
Chapter 4 examines the gender power dynamics of existing Indigenous self-government institutions, cultures, and discourses in Canada, Greenland, and Scandinavia. Employing feminist institutional analysis, the author investigates how Indigenous political institutions are gendered. Gendering refers to a multiplicity of interacting processes shaped by the distinction between male and female, masculine and feminine, which create and conceptualize social structures and privilege certain groups over others. Gendering occurs through the construction of various divisions along gender lines and through interpersonal interactions that enact gendered hierarchies. Institutions and organizations are also gendered through the construction of symbols, images, and ideologies that legitimize institutions generally conceived as gender-neutral. Using interview data, the chapter analyzes the gender regimes of Indigenous political institutions and women’s participation in the existing self-government institutions. Also considered are alternative forms of advancing Indigenous self-determination by examining Indigenous women’s grassroots leadership and the growing movement of reclaiming Indigenous women’s authority.
From Business to a Just and Humane Society
Authors: Otteson James R. 
Published: March 2019

Abstract
Chapter 5 completes the argument on honorable business by specifying a “hierarchy of moral value” linking the individual businessperson’s activities to the purpose of a firm within a properly functioning market economy that is itself part of a just and humane society. If these relationships have been correctly described, the individual businessperson should be able to give an account of his or her professional activities that connects them all the way up the chain of moral purpose to the kind of society in which we should all want to live. The chapter also looks at the increase in material prosperity the world has experienced since approximately 1800 and connects that prosperity to the “hierarchy of moral value.” The chapter considers the role of government and regulation in the creation of prosperity and explores the extent to which the present argument connects to ethical theories of deontology, utilitarianism, and virtue ethics.
Christians in Conversation
Authors: Rigolio Alberto 
Published: March 2019

AbstractChristians in Conversation: A Guide to Late Antique Dialogues in Greek and Syriac deals with a particular form of writing by Christians in late antiquity, the prose dialogue. To study late antique dialogues means to recognize that the dialogue form, notably employed by Plato and Aristotle, did not exhaust itself with the philosophical schools of Classical and Hellenistic Greece, but emerged transformed and reinvigorated in the religiously diverse world of late antiquity. The Christians’ use of the dialogue form within religious debate resulted in a burgeoning activity of composition of prose dialogues, which often opposed a Christian and a Jew, a Christian and a pagan, a Christian and a Manichaean, an Orthodox and a heretic, or, later, a Christian and a Muslim. The present work offers the first comprehensive analysis of Christian dialogues in Greek and in Syriac from the earliest examples in the second century up to the end of the sixth century. It shows that several Christian authors chose the dialogue form to convey fundamental theological views, and argues that dialogues were intended as tools of opinion formation in late antique society, thus opening up this vast strand of literature to the interests of the cultural and intellectual historians. Most Christian dialogues are little studied, and often in isolation, but they vividly evoke the religious debates of the time, and embody the cultural conventions and refinements that late antique men and women expected from such debates.
Guide to the Dialogues
Authors: Rigolio Alberto 
Published: March 2019

AbstractThe guide presents all sixty dialogues that survive entirely or in fragmentary state until the end of the sixth century, arranged in chronological order so as to emphasize changes and transformations over time. The treatment of each dialogue is structured into standardized headings (author, full title, original language, date of composition, modern editions and translations, summary, discussion of scholarship, and a selected bibliography for further study). The incorporation of Greek and Syriac dialogues shows the pervasiveness of the dialogue form in late antiquity beyond the language boundary; dialogues that feature a Christian and a Jew as the main speakers, up to now mostly studied in relation to other instances of adversus Iudaeos literature such as homiletics or treatises, are here related to Christian dialogues more broadly.
Values and Media in US-Russia Relations
Authors: Tsygankov Andrei P. 
Published: March 2019

Abstract
The chapter introduces the topic of the US-Russia relationship for understanding the role of values and media in cooperation and conflict between nations. These relations reflect nationwide beliefs as accentuated and radicalized by different media systems. Western nations have built competitive political systems with checks and balances and popular elections of public officials, whereas many non-Western societies, including Russia, have relied on a highly centralized authority of the executive. Over the last thirty years, US-Russia relations in the realm of values went full circle from confrontation between “communism” and “capitalism” under the Cold War to convergence, growing divergence, and then a return to confrontation that a number of observers view as a new cold war. These changes should be explained by the media’s ethnocentrism and interstate tensions that were construed by the media as challenging dominant national values.
Fears of Russia, Suppressed and Revealed
Authors: Tsygankov Andrei P. 
Published: March 2019

Abstract
The chapter discusses national fears and the role of media in the context of the United States’ views of Russia. It develops a framework for understanding the US perception and describes fears of Russia in the media as rooted in substantive differences between national visions of the American dream and the Russian Idea and polarizing political discourses stemming from tensions in the two countries’ relations. The chapter further analyzes the role of US government and explains its ability to influence media perception of Russia after the Cold War by setting the agenda, signaling the appropriate tone and frames of coverage, and directly engaging with the general public.
Russophobia in the Age of Donald Trump
Authors: Tsygankov Andrei P. 
Published: March 2019

Abstract
The chapter extends the argument about media and value conflict between Russia and the United States to the age of Donald Trump. The new value conflict is assessed as especially acute and exacerbated by the US partisan divide. The Russia issue became central because it reflected both political partisanship and the growing value division between Trump voters and the liberal establishment. In addition to explaining the new wave of American Russophobia, the chapter analyzes Russia’s own role and motives. The media are likely to continue the ideological and largely negative coverage of Russia, especially if Washington and Moscow fail to develop a pragmatic form of cooperation.
Whose Rights Are Human Rights? The Gender Gap between Russian Feminist, LGBT, and Human Rights Networks
Authors: Sundstrom Lisa McIntosh , Sperling Valerie , Sayoglu Melike 
Published: March 2019

Abstract
Chapter 4 explores the inter-network dynamics between the human rights and women’s rights communities in Russia, and how the uneasy relationship between these two sectors of civil society helps keep Russian women’s sex-based discrimination claims from percolating up to the ECtHR. We draw upon our interviews with feminist activists and human rights activists in Russia to shed light on the experiences of feminist activists within the human rights and international litigation communities in Russia. We find that the separation between women’s rights and traditional human rights networks in Russia has until recently excluded feminist lawyers from learning how to take cases successfully to the ECtHR through legal training. We compare the experiences of feminist activists and the reception of Russian human rights NGOs (nongovernmental organizations) to gender-based claims of human rights violations to the strikingly different experiences of LGBT rights activists who have found common cause with human rights organizations in Russia in trying to contest hate crimes and other rights violations in court.
Art
Authors: Lyons Nathan 
Published: March 2019

Abstract
This chapter considers the semiotics of Nicholas of Cusa (1407–64) in order to integrate the two dimensions of culture—its anthropological breadth (Poinsot) and its theological height (Aquinas)—that were outlined in the previous two chapters. Cusa’s metaphysics of participation is the key theme here. All organisms cognise and communicate by means of signs, and this sign-making attains to truth by participating finitely in the infinite meaning of things hidden in the divine Word. The same process is at work in the making of material artifacts. The making of signs and artifacts is understood as adding to the range of natural forms, so that culture is an elaboration of nature. From this point of view, culture is a ‘diagonal’ process in which the horizontal breadth of creaturely semiosis participates in the vertical height of the semiotic Trinity.
Perception, Experience, and Direct Realism
Authors: Millar Alan 
Published: March 2019

Abstract
Direct Realism is the thesis that our perception of mind-independent things is routinely direct. It is true if and only if, routinely, our perception of mind-independent things is not by means of perceiving something that is distinct and separate from those things. This chapter defends Direct Realism. It begins with an examination of reasons that have been given in the past for rejecting it, focusing on Hume and G. E. Moore. There follows a discussion of relationalist versus non-relationalist conceptions of perceptual experience. Particular attention is given to reconciling a non-relationalist conception with Direct Realism. To this end discussion is focused on how perception facilitates perceptual–demonstrative thought. An important role is played by a view of how to understand non-committal descriptions of experiences. This view figures in a response to problems raised by Michael Martin for non-relationist conceptions of experience.
Abilities, Competences, and Fallibility
Authors: Millar Alan 
Published: March 2019

Abstract
The account of recognitional abilities is situated within a broader perspective on general abilities, beginning with those exercised in doing things intentionally, like riding a bicycle. The success thesis—that abilities are exercised only in doing what the ability is an ability to do—is shown to be compatible with (i) there being success-rate abilities that account for being good at hard performances that one does not bring off whenever one tries, even in favourable circumstances, and (ii) there being abilities that one can be exercising even if one does not complete the doing of the thing that the ability is an ability to do (e.g., making an omelette). Recognitional abilities are not exercised by intentional actions but in acts that are, nonetheless, directed. They yield to analogous treatment. Contrasts with John McDowell’s conception of rational capacities and with Ernest Sosa’s conception of competences are considered.
Abilities
Authors: Millar Alan 
Published: March 2019

Abstract
Perceptual knowledge is viewed as a paradigm of knowledge in virtue of so clearly exemplifying cognitive contact with a fact in an act—recognition—in which reason reaches out to the fact itself. This outlook is contrasted with that on which the work of reason is confined to forming a belief that might or might not be true in a manner that reliably but not infallibly yields true beliefs. The latter outlook is implicit in strands of virtue epistemology, notably in work of Greco and Sosa. It is argued that we should not attempt to explicate recognitional abilities in terms of more basic abilities that bear directly on the justification of belief or in terms of more basic belief-forming dispositions. Some complexities concerning the individuation of recognitional abilities are explored.
EU Powers Under External Pressure
Authors: Eckes Christina 
Published: March 2019

Abstract
This book argues that external actions of the European Union result in an acceleration of national politics being locked into a tightening net of EU law. It brings to light the -hidden effects of EU external actions on, for example, the interpretation of organizational principles, pre-emption, and international obligations of the Member States. It then connects these effects to the broader debate on the democratic crisis, by engaging with the basic structures of the EU legal order and the Union’s relations with its citizens. The focus of this book is on the ‘outside-in’ effects of EU external relations. More specifically, the book sheds light on how the Union’s external actions affect the power division between the EU and its Member States, the structures that shape the relationship between the Union and its citizens, as well as the autonomy, effectiveness, and legitimacy of EU law. It examines, for example, the interpretation and potential of organizational principles, such as loyalty, subsidiarity, primacy, and coherence, in the context of external relations. It analyses how the choice of an external legal basis affects Member States’ powers. It traces how the European Parliament represents EU citizens in external relations. The book then analyses these legal findings through the lens of ‘structure of bonding’, that is, basic structures that have the potential to frame and affect the Union’s relations with its citizens. It shows how bonding structures could be used to justify that the Union takes external actions, including where they constrain Member States.
EU Loyalty
Authors: Eckes Christina 
Published: March 2019

Abstract
Chapter 2 discusses the legal consequences and deeper meaning of EU loyalty with particular attention to external relations. It identifies specific active and passive obligations flowing from the principle of sincere cooperation in the context of EU external relations and argues that they are best understood as forming part of a comprehensive duty of loyalty. EU loyalty endows EU membership with a distinctive meaning. It is central to imposing a quasi-federal discipline and making sovereign states ‘Member States of the EU’ by acting as a tool that can at times take specific legal obligations beyond the letter of the law. EU loyalty legally restrains Member States from exercising their rights as independent international actors in a way that finds no parallel beyond the European Union. It may require placing the common Union interest above national interests. The concept of unity of international representation has a particular capacity to deepen and widen the obligations flowing from EU loyalty. It amplifies the effects of EU loyalty on the scope of legal action of the Member States, including in the field of reserved competences. It is also part of the explanation of why loyalty has more stringent consequences externally rather than internally. This in turn means that the duty of loyalty has a particular integrative force in the context of external relations. Chapter 2 also argues that this stringent understanding of EU loyalty is justified by the nature of external relations and that this justification should be (better) explicated by the EU institutions in order to justify EU external actions vis-à-vis EU citizens.
Organizational Principles Under External Pressure
Authors: Eckes Christina 
Published: March 2019

Abstract
Chapter 3 identifies how the organizational principles of subsidiarity, primacy, and consistency are interpreted in the context of external relations. When Union action gives effect to international law, for example, this is portrayed by the EU institutions as amounting in certain circumstances to an assumption that the requirements of subsidiarity are met. Yet subsidiarity is regularly reduced to an economic concept focused on increasing ability to achieve a certain objective, that is, effectiveness. The chapter highlights the democratic legitimacy dimension of subsidiarity. It argues that, in particular, the principle of subsidiarity forms part of the bonding structures because it offers a formal legal opportunity to justify Union action and explicate that the Union is better placed to represent its citizens externally. With regard to primacy, Chapter 3 demonstrates that this principle is the necessary precondition for both the autonomy and effectiveness of the EU legal order. It explains how EU external relations may put primacy under pressure. It gives a glimpse of why national courts may rebel against the primacy of EU law because of this external pressure. Chapter 3 then turns to the principle of coherence. It argues that the Lisbon Treaty made a choice for coherence through ambiguity, which empowers the Court and contributes to the opaqueness of decision-making in the context of external relations. It argues that (perceived) coherence is a necessary precondition for bonding structures between the Union and EU citizens to realize their potential. Moreover, justifiability and hence legitimacy require a certain level of coherence and predictability.
European Union Rights and Values in Human Health
Authors: de Ruijter Anniek 
Published: March 2019

Abstract
This book looks at the impact of the expanding power of the EU in terms of fundamental rights and values. The current chapter lays down the framework for this analysis. Law did not always have a central role to play in the context of medicine and health. The role of law grew after the Second Word War and the Nuremberg Doctors Trials (1947), in which preventing the repetition of atrocities that were committed in the name of medicine became a guidepost for future law regarding patients’ rights and bioethics. In the period after the War, across the EU Member States, health law developed as a legal discipline in which a balance was struck in medicine and public health between law, bioethics, and fundamental rights. The role of EU fundamental rights protections in the context of public health and health care developed in relation with the growth of multilevel governance and litigation (national, international, Council of Europe, and European Union). For the analysis here, this chapter develops an EU rights and values framework that goes beyond the strictly legal and allows for a ‘normative language’ that takes into consideration fundamental rights as an expression of important shared values in the context of the European Union. The perspective of EU fundamental rights and values can demonstrate possible tensions caused by EU health policy: implications in terms of fundamental rights can show how highly sensitive national policy issues may be affected by the Member States’ participation in EU policymaking activities.
Institutional Build-up of EU Health Actors
Authors: de Ruijter Anniek 
Published: March 2019

Abstract
The growth of substantive EU public health and individual health policy and law is matched by a historic build-up of EU institutional actors. The institutional expansion has increased the EU’s capacity for law- and policy-making in the field of health and as such the possibility for the growth of EU power in this area. This chapter traces the evolution and growing presence of EU institutional actors in human health. It outlines the relevance of the growing institutional capacity for creating EU health law and policy. Subsequently a sketch is drawn of the emergence of EU institutional involvement in health policy—while taking into consideration that it may not be possible to create an exhaustive overview of all health actors involved at the EU level. This outline illustrates the growth of a variety of institutional actors and the expanding number of ways these engage in health policymaking. Moreover, the chapter demonstrates various ways in which EU institutional involvement in health is continuously expanding and changing. It illustrates that there is ample opportunity for formal actors with legislative or regulatory powers to be involved in informal processes of coordinating policy in the shadow of hierarchy. The growing institutional presence of the EU in health policy over time, and the possible shift in power to the EU this can entail, again confronts us with the pressing issue of its impact on fundamental rights and values in health.
A Commission under Scrutiny
Authors: Hoyle Carolyn , Sato Mai 
Published: March 2019

Abstract
This chapter examines the nature of criticisms about the Criminal Cases Review Commission, especially with regards to its application of the ‘real possibility test’ in investigating and referring potential wrongful conviction cases. It begins with a discussion of the Commission's structural failings as perceived by critics external to the institution, with particular emphasis on the argument that focusing on safety and the real possibility test prevents the Commission from referring cases to the Court of Appeal in the interests of ‘justice’, or ‘innocence’. Critics also claim that the Commission does not strike a proper balance between thoroughness and efficiency in the allocation of its finite resources; that it is inconsistent in its response; and that it sometimes does not communicate adequately with applicants and their legal representatives. The chapter concludes with an overview of the book's key research goals as well as the methods employed to realise them.
Triage: The Application Screening Process
Authors: Hoyle Carolyn , Sato Mai 
Published: March 2019

Abstract
This chapter examines how the Criminal Cases Review Commission makes sense of approximately 1,400 applications it receives each year, focusing on the mechanisms that are in place for stage one of decision-making — that is, cases are screened in or out of the process. Drawing on Keith Hawkins' theoretical framework of ‘surround’, ‘field’ and ‘frame’, it considers how the Commission screens out applications early through a ‘triage’ process. The chapter first describes the four types of applications received by the Commission before discussing individual commissioners' decision frames, the new screening policy that has been introduced at stage one decision-making, and decision frames in relation to the surround and field. It also analyses the Commission's approach to guilty pleas, the impact of legal representation on stage one decisions, and drivers of stage one decision-making. It shows that the Commission, in practice, uses ‘triggers’ as shortcuts to help guide decision-making at stage one.
Responding to Applicants’ Allegations of Policing Without Integrity
Authors: Hoyle Carolyn , Sato Mai 
Published: March 2019

Abstract
This chapter examines the Criminal Cases Review Commission's response to claims that policing without integrity affects the safety of the applicant's conviction. It first considers cases of wrongful conviction that led to the establishment of two royal commissions on criminal procedure and criminal justice before discussing whether the inclusion of allegations of police misconduct can be the ‘kiss of death for an application to the Commission’ and whether the test of unsafety is more widely protective than a test of innocence. It then explores how the Commission's ‘surround’ influences its decision field and how it assumes a legal frame in making crucial decisions regarding evidence of improper policing. It also analyses cases with police misconduct and non-disclosure as a ground for referral before concluding with an overview of past, present, and future challenges faced by the Commission with regard to the issue of policing without integrity.