bluuebunny/crossref_metadata_2025_split huggingface dataset:
Election Law and Democratic Governance
Authors: Pildes Richard H. 
Published: October 2024

Abstract
A major challenge facing democracies today is their perceived failure to deliver effectively on the issues their citizens care most urgently about. Yet democratic and legal theory have given too little attention to the value and importance of delivering effective government. Much of democratic theory focuses on values such as political equality, fair representation, deliberation, participation, and individual rights, among other values. But less weight is given to the capacity of government to deliver effectively on the issues members care most urgently about. Yet when democratic governments cannot deliver effectively on issues many of their members care most urgently about, that failure can lead, at a minimum, to distrust, alienation, withdrawal, anger, and resentment. Even worse, it can fuel desires for a strongman figure who promises to cut through the dysfunction and deliver when democratic governments have failed to do so. This chapter aims to bring greater attention to the importance of effective government in assessing current democratic arrangements and potential reforms. The chapter does so by identifying specific trade-offs between effective government and a varied range of democratic values, such as political accountability, equality, participation, transparency, and others.
The Campaign Lawyer
Authors: Alexander Mark C. 
Published: October 2024

Abstract
This chapter addresses the roles that individual lawyers play while serving as counsel to a political campaign. There is no single definition or typology of the campaign-related work that lawyers do. They work on campaigns of all shapes and sizes at the local, state, and federal levels. Lawyers also serve as counsel for political parties, they are sometimes hired exclusively by outside groups like Super PACs, they work in the various governmental agencies that administer the machinery of elections, and they are also sometimes retained to come in on an as-needed basis for specific matters. This chapter introduces the reader to the role of the campaign lawyer in a manner designed to further the reader’s understanding of the wide range of tasks and activities in which a lawyer might engage while working as an election law specialist. This chapter focuses on four major areas where the campaign lawyer’s unique skills are often needed: ballot access, voter protection, campaign finance, and the counting and recounting of ballots. It is these four primary areas where the campaign lawyer leads a campaign and advises a candidate based on the lawyer’s specialized knowledge. This chapter also examines the campaign lawyer’s role with respect to general legal and nonlegal campaign matters. Finally, it addresses some of the ethical concerns that campaign lawyers face.
The Philosophy of Punishment
Authors: Ryberg Jesper 
Published: October 2024

Abstract
We usually regard it as wrong to assault someone physically or to deprive someone of liberty or property. But if this is the case, then why is it morally acceptable (or even required) for the state to impose punishments on citizens who have broken the law? The purpose of this chapter is to give an introduction to the philosophy of punishment as an academic field, to provide an overview of the various topics which are considered in the ensuing chapter of this handbook, and to present a few reasons that have motivated this work.
Measuring Punishment Severity
Authors: Kolber Adam J. 
Published: October 2024

Abstract
If punishment is ever morally appropriate, it will only be so in amounts that fit the circumstances. We cannot possibly punish justly without at least some ability to measure punishment severity. Since punishment is often thought to require an intentional infliction, one might think punishment severity depends on the severity punishers intend. But since real-world punishment practices include both intended and unintended inflictions, the “intent approach” to severity fatally ignores unintended harms. Our punishment practices cannot be justified unless we justify their side-effect harms as well. The “harm approach” to punishment severity, by contrast, focuses not on intentions but on foreseeably caused harms. Because the harm approach measures what needs to be morally justified, it better fits theories that seek to justify punishment practices. It also fits well with our intuitions about severity: those punished care little about what punishers intend and a lot about how much they are harmed. Once harm is properly measured, however, our traditional notions of retributive proportionality look surprisingly unattractive, and two seemingly plausible ways of fixing proportionality fail.
Remorse
Authors: Tudor Steven 
Published: October 2024

Abstract
Offender remorse is usually treated as a mitigating factor in sentencing. Remorse is a complex emotion involving thoughts, feelings, and desires. This chapter focuses on the cognitive dimension of remorse—remorseful thoughts—and explores in particular the problem of remorseful criminal offenders whose insight into their offending is flawed or problematic in some way. Three particular kinds of flaw are examined: shallowness of insight, inauthenticity, and exaggeration. The chapter argues that offender remorse which is flawed in one or more of these ways is ultimately less valuable than offender remorse that is lucid, even if the offender’s remorseful feelings and desires are otherwise exemplary.
Dangerous Offenders
Authors: Dimock Susan 
Published: October 2024

Abstract
This chapter examines the question: “How should polities respond to repeat offenders whose demonstrated willingness to use violence makes then dangerous to the public?” It critiques three themes commonly seen in discussions of dangerous offenders and how societies may respond to them, especially using criminal law: (1) that “dangerousness” should be understood as a prediction of future violence, (2) that polities have a positive “duty to protect” their members from criminal violence, a duty they may fulfill by imprisoning dangerous offenders so long as they continue to be dangerous, and (3) that the right to self-defense can justify the indefinite detention of dangerous offenders It is argued that the incarceration of individuals on purely preventive grounds—to prevent future violence—cannot be reconciled with our concept of punishment. Nor can it comply with multiple constraints states must adhere to if their systems of criminal punishment are to be morally acceptable (e.g., proportionality between the harshness of punishments and the seriousness of crimes for which they are imposed, parity, double jeopardy, and fair notice). Finally, the chapter suggests an alternative to extant legal practices and philosophical theories of punishment that may reconcile the incarceration of dangerous offenders with justice: it requires that we (1) reconceptualize dangerousness as a current dispositional property rather than a prediction of future behavior and (2) show that this property can be within the control of an offender. When dangerousness is seen as a controlled disposition we may criminalize “being a persistent violent dangerous offender” as a status crime. Some of the contours of this new crime are then described.
Collateral Damage
Authors: Hoskins Zachary 
Published: October 2024

Abstract
A criminal conviction and punishment can contribute to a range of burdensome consequences that are not inherent to the punishment itself. I refer to these other burdensome consequences as “collateral damage.” This chapter highlights and draw distinctions among various types of burdensome consequences to which conviction and punishment can contribute. It then considers what implications, if any, these various forms of collateral damage have for the criminal law and punishment. The answer to this question, it turns out, will depend on various factors, such as whether a given form of collateral damage actually functions as an additional measure of punishment, and which theory of punishment we endorse.
Disenfranchisement
Authors: Tripkovic Milena 
Published: October 2024

Abstract
The chapter conducts a conceptual and normative evaluation of criminal disenfranchisement, seeking to elucidate its nature, purpose, and justification in contemporary democracies. After a brief introduction which reveals the relevance and scope of the practice in modern times, the chapter develops an original understanding of its nature which portrays it not as a penal sanction, but as a citizenship restriction premised on the lack of desired citizenship qualities. The inferred qualities, as the chapter demonstrates, resurrect an outdated conception of virtuous citizenship that is fundamentally incoherent with values promoted by various types of contemporary democracies. Additionally, such perception of the properties of citizenship signals a more fundamental transformation of criminal law—that is also apparent from other sanctions such as citizenship revocation and prohibition to serve on jury—which does not respond to the perpetrated act but to a lack of desirable moral qualities that can be inferred from the perpetrated act. The chapter concludes by looking at the implications of this finding for the justification of disenfranchisement both within and outside of the framework of criminal law and identifies weaknesses in the normative desirability of the sanction within both contexts.
Punishment and Public Opinion
Authors: Roberts Julian V. 
Published: October 2024

Abstract
This essay explores public opinion regarding an important issue in the ethics of punishment: the views of the public. In particular, I address public opinion regarding the relative importance of the harm caused by the crime and the offender’s culpability for that harm. Harm and culpability are the key determinants of sentence severity under a retributive rationale; sentencing outcomes should be proportionate to levels of harm and culpability. But how do these two concepts relate to one another? Is one component more important, or should they be weighted equally in the sentencing equation? Retributive philosophies offer no clear, consensual response. Sentencing laws are equally unclear. In the absence of a settled position in theory, law or practice, it may be useful to explore community attitudes to the problem. After discussing the relationship between culpability and harm in theory and in practice, I review relevant research which has documented public views. The findings from this literature suggest that although the public places more emphasis on harm than culpability, both elements affect lay sentencing preferences.
How Should We Work as Penal Ethicists?
Authors: Ryberg Jesper 
Published: October 2024

Abstract
Why is it important to conduct research on the ethics of punishment? A plausible answer to which many penal ethicists seem to subscribe is that research is important in order to influence and guide penal practice. But if this answer is taken seriously, then a new question arises: Is the work of penal ethicists carried out in a way that accords with the aim of guiding penal practice? In this chapter it is argued that there are several barriers to impact arising from the way research is disseminated, the nature of research itself, and the lack of interest in being guided among decision-makers. Moreover, it is suggested that these barriers to impact may be surmountable, but that this will require a rethinking of the way we work as penal ethicists.
Communicative Theory
Authors: Duff Antony 
Published: October 2024

Abstract
This chapter defends a communicative theory of punishment, as making plausible sense of the retributivist idea that wrongdoers should not enjoy impunity. In the context of criminal law, the wrongs that matter are public wrongs that concern the whole polity: the criminal law defines those wrongs, and provides for those who commit them to be called to formal public account for them through the criminal process. That calling to account is a communicative process: it culminates in a conviction that censures the offender, and seeks an apologetic response from him. The punishment that typically ensues furthers this communicative exercise: the offender is required to undertake, or undergo, a penal burden that constitutes an apologetic reparation for his crime, and so communicates to him the need for such reparation. Central to this communicative conception is that punishment is a two-way process, which seeks an appropriate response from the offender, who has an active role in the process. The role of prudential deterrence in such an account is discussed: it is a necessary condition of a justifiable system that it has some dissuasive efficacy, and deterrence might be a dimension of that dissuasion—inextricably interwoven with the moral message that is the core of the communication. A purely communicative account that allows no room for deterrence might be implausible as an account of what human punishment ought to be; but one that portrays a two-way moral communication as the primary, distinctive aim of criminal punishment can be defended.
Byron, Pope, and the Mock-Epic
Authors: Gayle Nicholas 
Published: October 2024

AbstractThis chapter analyses mock-epic as Byron and Alexander Pope understood it, examining their different approaches and unpacking the way each poet subverts the host material shelled for its creation. It argues that a distinction between ‘mock-heroic’ and ‘mock-epic’ is critical when considering Byron’s and Pope’s separate achievements, and that by charting the movements of both poets within (and against) the expected heroic, satiric, and social parameters of what mock-heroic and mock-epic were taken to be by contemporary audiences, we arrive at a better appreciation of the distance travelled from the ultimate source of these closely related genres – Homer and the classical ‘type-scene’ set piece as represented by katabasis and aristeia. The energies generated by mock-epic and mock-heroic are thereby seen to differ, the former being fundamentally centrifugal, the latter centripetal, but both are energies against which Pope and Byron employ three distinct bathetic registers: the inflationary, the deflationary, and, more rarely, the phantasmagorical. Don Juan, The Rape of the Lock, and The Dunciad are our guides.
Byron and the Novel
Authors: Graham Peter W. 
Published: October 2024

AbstractThis chapter centres on how Byron valued and responded to the novel, a literary form that in his time was increasingly popular but sometimes deprecated. The focus is mainly on the personal significance of certain novels to Byron, how those novels may have influenced him, and his appraisal of contemporary fiction in letters and elsewhere. It establishes that Byron’s own relationship to fiction the novel was ambivalent and conflicted. There is also some attention paid to how Byron’s own works might be read as novels, to fictive representations of Byron in novels by his contemporaries, and to how his poetry figures in or influences novels written in his own time or shortly thereafter. The chapter concludes with a consideration of why Byron, who possessed so many of the literary gifts of a novelist, never completed a novel.
The Classical Inheritance Byron and the ‘Literary Lower Empire’
Authors: Sachs Jonathan 
Published: October 2024

AbstractThis chapter considers the ways in which Byron’s sense of Roman literary history informs his ideas about the status and future of British poetry, in his letters, published prose, and in Don Juan’s English Cantos. But the chapter also insists that Byron’s obsession with Classical antiquity and literary decline was part of a more widespread cultural trend. Through comparisons with Thomas Love Peacock, Anna Barbauld, and Samuel Taylor Coleridge, the chapter engages with three related points that extend the implications of Byron’s use of ancient examples. Firstly, comparisons to antiquity are particularly useful for those thinking about the future because the Classical past represents a completed time horizon. Secondly, the future perfect mode is a way of formulating how the present will be received in the future as history. Finally, while antiquity helps to shed light on the present, the present somehow unfolds at a faster pace than the Classical past.
Exile and Sublimity Childe Harold’s Pilgrimage III, the Separation Poems, and ‘Darkness’
Authors: Shaw Philip 
Published: October 2024

Abstract
This chapter examines the concept of the sublime in the poetry written by Byron following the collapse of his marriage and subsequent exile from British society. It engages initially with lyric poems written on ‘His Own Domestic Circumstances’ and on the downfall of Napoleon (1814–15) before going on to discuss the links between violence, separation, and the sublime in Canto III of Childe Harold’s Pilgrimage. The chapter concludes with readings of ‘Darkness’ and other shorter poems written in the summer of 1816. Theorists of the sublime discussed in the chapter include Longinus, Edmund Burke, Maurice Blanchot, and Anne Carson.
Byron contra mundum
Authors: Stauffer Andrew M. 
Published: October 2024

Abstract
Lord Byron was driven by oppositional, rebellious impulses: the often-isolating power of resistance drove his personal relationships, his political opinions, and his literary work. We think of the Byronic Hero as a figure of alienation and outrage at society and the human condition, a persona that draws on some deep wells of disillusionment and trauma in Byron’s own experience. In some moods, he flirts with nihilism. At the same time, Byron frequently sets himself more hopefully against the world, with a reformer’s impulse to dismantle oppressive structures on behalf of underdog causes. Byron’s energetic, angry satire weaves together his own case and the state of Europe and the world (with other strands, particularly myth and history) in trenchant and impassioned critique that may also inspire change. His antagonistic engagements fall into three broad categories: his interpersonal relationships, his political life, and his literary work. His poetry no less than his life reflects a strong commitment to liberty that requires assertive struggle against forces of constraint. It also devolves at times into cruel narcissism and self-destructive bridge-burning. Setting himself, like Athanasius, against the world, Byron drew upon the power of resistance to fuel his writing of some of the greatest poetry of the century.
Vowel Harmony in the Light of Contrastive Feature Theories
Authors: Dresher B. Elan , Mackenzie Sara 
Published: October 2024

Abstract
This chapter addresses the relationship between vowel harmony (VH) and phonological contrast. Although contrast in inventories has long been recognized as a crucial factor governing VH patterns, there has been no agreed-upon definition of contrast in the literature. Through examination of case studies of tongue-root and rounding harmony, this chapter provides evidence for Contrastive Hierarchy Theory, which proposes that contrastive specifications are determined hierarchically by language-particular orderings of features. It is shown that this approach is able to capture aspects of VH patterns that are not consistent with an alternative definition of contrast in terms of features that make a minimal contrast between phonemes. Contrastive Hierarchy Theory provides new insights into these patterns, particularly with respect to harmonic partners and neutral vowels. The authors also argue that VH is consistent with the Contrastivist Hypothesis, which posits that only contrastive features can be active in the phonology.
Revisiting Locality in Vowel Harmony
Authors: Burness Phillip , McMullin Kevin , Nevins Andrew 
Published: October 2024

Abstract
Vowel harmony (VH) challenges traditional notions of locality but is unexceptional when relativized notions of locality are adopted. This chapter analyzes various patterns to show that while interacting segments may not be literally adjacent, they can be rendered local by suppressing irrelevant material in a principled way. The analyses compare and contrast how various behaviors are handled by the Search-and-Copy (S&C) framework and tier-based formal functions, two conceptually similar approaches that embody different levels in Marr’s model for cognitive science. Some behaviors such as segmental transparency are straightforwardly captured by both, some such as target iciness are problematic for S&C, and others such as positional triggering evade both approaches. Explorations like this elucidate which aspects of VH can be explained by relativizing locality, and in what way.
Multi-Linear Approaches to Vowel Harmony
Authors: Jurgec Peter 
Published: October 2024

Abstract
This chapter shows how vowel harmony (VH) is analyzed in Autosegmental Phonology. In this framework, the relationship between a phonological feature and the corresponding root node is expressed by an association line. VH is analyzed as spreading, which is adding additional association lines between the triggering feature and target root nodes. Transparent segments are skipped by the spreading feature, while blockers terminate spreading. The chapter also discusses hierarchical autosegmental approaches, which restrict branching of association lines, thus predicting a special status of the last target. Finally, it illustrates Feature Geometry in which several features can be linked to the same feature node. Feature Geometry can capture consonant transparency, vowel transparency, and consonant–vowel interactions in VH. The chapter examines harmony systems of Kyrgyz, Standard Yoruba, Hungarian, Baiyinna Oroqen, Icelandic, Turkish, and Flathead Salish.
Vowel Harmony in Dependency-Based Models
Authors: van der Hulst Harry , Durand Jacques 
Published: October 2024

Abstract
This chapter presents two approaches to vowel harmony (VH) that critically employ unary ‘features’ (called components or elements) and dependency relations. It first reviews the approach to VH that has emerged from Dependency Phonology (DP), which puts great emphasis on minimal, redundancy-free representations, and the analogy between VH and agreement/concord phenomena in syntax. In this approach, harmonic elements are represented as extrasegmental (i.e., as ‘prosodies’) which ‘associate’ to vowel positions within a certain domain. The chapter then turns to another dependency-based model, Radical cv Phonology (RCVP), which, while sharing with DP the unary approach to phonological features, minimal specification, and the notion of intrasegmental dependency, invokes the notion of licensing of ‘variable elements’ as the mechanism through which harmony emerges, which bears a resemblance to the treatment of VH in Government Phonology (GP), even though GP does not use the notion of ‘variable element.’
Psycholinguistic Approaches to Vowel Harmony
Authors: Pycha Anne , Finley Sara 
Published: October 2024

Abstract
This chapter surveys a variety of experimental techniques used to probe the mental representation of vowel harmony (VH). Behavioral methods include artificial language-learning studies, where ‘naïve’ participants are trained on a novel VH pattern; ‘wug’ tests, where participants with L1 VH produce or judge novel words; and speech segmentation tasks, where participants differentiate between words and part-words presented in a stream of speech. More direct neurological measures include testing patients with aphasia, and event-related potentials. The results of these studies generally support the hypothesis that learners are biased toward VH patterns that are well-attested crosslinguistically. This chapter explores additional issues related to the psycholinguistic study of VH, including the need for more diverse and representative participant groups, and a relative dearth of studies directly exploring the neurological foundations of VH.