bluuebunny/crossref_metadata_2025_split huggingface dataset:
Chapter 25 Sen's Identities
Authors: Anthony Appiah Kwame 
Published: May 2009

Abstract
This chapter analyses the concept of identity developed by Amartya Sen in recent work, especially in the book Identity and Violence. It discusses the relationship between identity and solidarity, arguing that, the former is necessary but by no means sufficient for the latter, so that, contra what Sen sometimes suggests, identities are not simply forms of solidarity. It then argues that Sen's account is both morally and methodologically individualist which seems right and that it is also correct in seeing identities as, in a certain sense, normative. But it then shows that his account is also rationalist, in treating identity as grounding reasons for thinking and acting, and that this leaves out the important role of non-rational factors in the social and political mobilization of identity. This means that some of Sen's policy proposals, while helpful, will not deal with some serious cases where identity leads to political violence.
Chapter 27 Equity and Sharing the Cost of a Public Project
Authors: Deb Rajat , Ghosh Indranil K. , Kun Seo Tae 
Published: May 2009

Abstract
This chapter explores the cost sharing implications of a number of alternative theories of justice. It looks at a two-person economy in which the individuals have quasi-linear utility functions and in which information about preferences is private information. In this framework, if the cost for a single unit of a public good is to be shared, then any strategy-proof cost sharing mechanism will not involve the use of the individuals' preferences. If the planner can observe the individuals initial holding of private goods, then cost sharing will depend on the individuals' ability-to-pay as measured by their initial endowment. In general, alternative theories of justice imply that the richer of the two individuals should pay more. Egalitarian theories further imply that the rich individual's share should increase with the difference in the individuals' initial wealth. Since in contrast to the classical derivation of the ability-to-pay principle, declining marginal utility of income plays no role, our results may be viewed as providing a distinct additional justification for both the ability-to-pay approach and for progressive taxation using norms based on theories of equity and justice. The chapter's two-person model gives rise to diagrams and simple closed form solutions for the exposition of the results in the chapter.
Chapter 29 Simple Formulae for Optimal Income Taxation and the Measurement of Inequality
Authors: Stiglitz Joseph E. 
Published: May 2009

Abstract
This chapter focuses on the measurement of inequality, in particular measuring when one income distribution is more unequal than another for any inequality averse social welfare function. While the Atkinson-Dalton measure illustrates the total cost of inequality (or the percentage of national income which society would be willing to give up in order to eliminate inequality), this chapter develops a marginal measure of inequality (how much society is willing to sacrifice to reduce inequality a given amount). This new measure of the value of marginal reductions in equality also focuses on the consequences of wage inequality with an elastic labor supply. Finally, the chapter relates the optimal tax structure to the new measure of inequality and provides a simple formula for determining the optimal tax rate.
Pruning the Law's Demands on a Concept of Causation
Authors: Moore Michael S. 
Published: May 2009

AbstractThis chapter seeks to prune the presuppositions laid bare in Chapter 5 to a more manageable list, a list also intended to be at least plausible in its metaphysics. It discards any supposed aphrodisiac effect culpability is thought to have on causation. It regards omissions, preventions, double-preventions, and allowings as non-causal in their nature. It likewise classifies liability for negligent provision of opportunities for others to do wrong, as non-causal, and also temporarily classifies the giving of reasons to other actors to be a non-causal basis for liability.
The Lack of any Metaphysical Basis for the Doctrines of Intervening Causation
Authors: Moore Michael S. 
Published: May 2009

AbstractThis chapter looks at the metaphysical possibilities for making sense of there being (literally) breakers of causal chains. The thesis of the chapter is that nothing in nature answers to the concept of an intervening cause. In particular, human beings do not exercise the kind of free will that could make them fresh causal starts, nor does any god with a taste for the dramatic break causal chains by initiating coincidences. (A related subsidiary thesis is that no artificial construction of legal policy can do the justifying work needed doing to make sense of intervening causation, either.) The upshot is that the direct cause test is not viable, except as a rule of thumb about substantiality of causation.
The Facts, Events, States of Affairs, and Tropes Debate
Authors: Moore Michael S. 
Published: May 2009

AbstractThis chapter seeks some resolution about what causal relata might actually be, amongst these four possibilities. The metaphysical resolution is that one of the fine-grained things, states of affairs, is the true relata of the causal relation. The relation most desirable for use in law is different: (coarse-grained) events are the relata on which legal liability should turn, recognizing that such relata will be constructions based on the true relata of the causal relation, which are states of affairs.
Singularist Theories of Causation
Authors: Moore Michael S. 
Published: May 2009

AbstractThis chapter concludes with an overview of singularist theories of the causal relation. A variety of singularist sorts of theories are distinguished and assessed for their relative plausibility. These include primitivist theories and physically reductionist theories, amongst others. The conclusion of the chapter is that some type of singularist theory best survives the metaphysical tests for a good theory of causation. Some such theory is also the theory closest to the common sense view of causation examined in Chapter 5 and Chapter 6, and, because of that, the theory is also closest to the legal presuppositions of what causation must be like. No choice is ventured as to precisely which singularist theory will win the contemporary tournament of theories going on in modern metaphysics, although the assumption is that such theory will either be a physically reductionist or a primitivist singularism.
Policy Preferences and Political Support
Authors: Dalton Russell J. 
Published: May 2009

AbstractThis chapter examines whether a growing ideological gap between citizens and their government is a significant source of decreasing trust in government. There is a perception that governments are becoming more distant from the policy preferences of individual citizens. New incumbents are elected, but in a few years dissatisfaction with their performance increases, almost regardless of their policy record. The chapter argues that the increased fragmentation of policy making, the rise of single issue groups are a source of this dissatisfaction. Governing in a complex world means that no party program can make most people happy most of the time.
Introduction
Authors: Fischer Frank 
Published: May 2009

AbstractThis Introduction starts by discussing the purpose of looking at the role of policy expertise in a democratic society. It talks about the book's focus and the idea behind the book. The book, the Introduction explains, was motivated by an interest in problems of expert knowledge, complexity, and citizen deliberation, and by the new interest in participatory modes of governance in Western liberal polities over the past couple of decades, especially in Europe. The Introduction sets out the context of the book. Finally it summarizes the chapters that follow.
1 Between Technical Knowledge and Public Responsibility: Professional Expertise in Critical Perspective
Authors: Fischer Frank 
Published: May 2009

AbstractThis chapter opens with an examination of the evolution of the professional orientation to public responsibilities, in particular civic engagement. The traditional commitments to serve the public are seen to have given way to more technical market-oriented approaches that emphasize the delivery of services on a contractual basis. The turn away from public commitments was challenged by progressive movements within a number of the major professions in the late 1960s and 1970s, but these efforts failed in part because of a problematic understanding of the relation of expert knowledge to the politics of community struggle and change. The chapter concludes by examining the less radical orientation that replaced the approach of these earlier movements, emphasizing newer forms of collaborative relations between citizens and experts.
10 Passionate Participants: Rethinking Emotion in Public Deliberation
Authors: Fischer Frank 
Published: May 2009

AbstractThis chapter explores one of the most difficult questions facing citizen participation and deliberative democracy: What is the role of emotion in political deliberation and public policy? The fact that emotional passion is basic to politics is clear, but the question of how to handle it both analytically and procedurally in the deliberative process is not easy to answer. In search of a better understanding of emotion in reason and politics, the chapter examines a range of perspectives, from Aristotle's theory of rhetoric to contributions from modern neuroscience. All show emotion and reason to be tied together in a complex relationship. The insight leads to the consideration of emotional expression in terms borrowed from drama and performativity. Emotion is then explored through experiences drawn from efforts by urban planners to revitalize depressed communities. The chapter concludes by suggesting a two-step process for dealing with ‘passionate reason’.
Introduction: writing in dissent
Authors: Barker Elton T.E. 
Published: May 2009

AbstractThis section establishes the context for reading the historians' differing responses to the foundational narratives of Homeric epic. It identifies the key aspect for thinking about debate in the historians in terms of their marginality: as writers of prose they stand on the margins of their culture, which privileges the spoken word in public contexts, and being personally responsible for their accounts they also rely on the way in which they present their material to lend authority to their narratives. As a result, this section posits a much closer, and more nuanced, relationship between Herodotus and Thucydides than is usually conceived, which sees both authors responding to the problems of writing in an oral culture in the ways that they represent debate. At the same time it reconfigures their differences in terms of rival ‘Odyssean’ and ‘Iliadic’ narrative trajectories depending on their strategies for eliciting authority or taking a stand.
4 Thucydides writes debate
Authors: Barker Elton T.E. 
Published: May 2009

AbstractThis chapter tackles the consensus regarding the authority of Thucydides' voice and the view that his narrative stands in opposition to the democratic assembly as depicted in the text (Ober). It argues that it is best to read Thucydides' representation of debate as agon as part of, not separate from, the narrative: the formal structure of opposing speeches gives the reader the tools with which to analyse the speakers' rhetoric; but, at the same time, by aiming at a more accurate portrayal of political discourse than previously attempted, Thucydides also reproduces the crisis of judgement. Indeed, no definitive solution to the agon is provided: on the one occasion when Thucydides enters the debate, as the decision to invade Sicily is made, he takes a stand, like an Achilles. His challenge is to his readers to dissent properly: they can come to a better understanding of how politics works by reading.
6 Beyond the agon in Euripides'Hecuba
Authors: Barker Elton T.E. 
Published: May 2009

AbstractThis chapter discusses the similar emphasis placed on spectating and speaking back by Euripides' Hecuba but from an alternative Odyssean strategy, which maximizes unease over tragedy's recuperative powers. It traces how this play makes a spectacle of Hecuba's suffering, maximizing sympathy for her as she first endures unending sorrow and then takes revenge. The play's Odyssean insistence on the authority of her suffering culminates when an on-stage judge (Agamemnon) sets up an agon in order expressly to deal with the fallout from her revenge, as Euripides establishes the most extreme test case of the agon's capacity to control and make use of dissent. Yet, the play ends not with the agon but with Polymestor's dissenting voice continuing to ring out, exposing Agamemnon to a few home truths and leaving the audience to make sense of dissent outside the secure comfort of any institutional framework, even the play itself.
Epilogue
Authors: Barker Elton T.E. 
Published: May 2009

AbstractUsing George W. Bush's second inauguration speech, which addresses both the importance of institutions to a community's freedom and the cultural distinctiveness of those institutions, this last section emphasizes the importance of structures within texts for not only representing but also reproducing values such as freedom or frank speaking. Each of the case studies presented here have shown the importance of managing dissent within the community, first by exploring how dissent works (or fails to work) within the institutional apparatus of the assembly, and then by involving the audience or reader in the process of management. In this way, representations of debate help construct an agonistic mentality by which one may perform as a citizen whether that is listening to epic, reading history or watching tragedy. It concludes with the suggestion that the challenge Achilles lays down to Agamemnon at the opening of the Iliad still requires answering even today.
Press and Politics in the Weimar Republic
Authors: Fulda Bernhard 
Published: May 2009

Abstract
This book offers a new interpretation of the fate of Germany's first democracy and the advent of Hitler's Third Reich. It explores the role of the press in the politics of the Weimar Republic, and it asks how influential it really was in undermining democratic values. Anyone who seeks to understand the relationship between the press and politics has to confront a central problem. Newspapers certainly told their readers how to vote, especially at election time. And it was widely accepted that the press wielded immense political power. And yet power ultimately fell to a radical politician whose party press had been strikingly unsuccessful. The book unravels this apparent paradox by focusing on Berlin, the political centre of the Weimar Republic and the capital of the German press. The book examines the complex relationship between media presentation, popular reception, and political attitudes in this period. What was the relationship between newspaper circulation and electoral behaviour? Which papers did well, and why? What was the nature of political coverage in the press? Who was most influenced by it? The book explores the nature and impact of newspaper reporting on German politics, politicians, and voters. It shows how the press personalized politics, how politicians were turned into celebrities or hate figures, and how through distortions individual newspapers succeeded in building up a plausible partisan counter‐reality.
The Berlin Press, 1918–32
Authors: Fulda Bernhard 
Published: May 2009

Abstract
The chapter provides an overview of newspaper publishing in this period, and surveys contemporary perceptions of press influence. What newspapers did people really read, why did they read them, and what effect, if any, did newspaper consumption have? The book presents a rigorous analysis of the Berlin newspaper market, by encompassing circulation figures and trends, marketing strategies, and press finances. At the core of this chapter is an analysis of the relationship between circulation figures and electoral behaviour. The chapter highlights the tensions created by the increasing popularization of mass newspapers, on the one hand, and ideological polarization, on the other.
Extreme Speech Under International and Regional Human Rights Standards
Authors: Hare Ivan 
Published: May 2009

Abstract
This chapter places international and regional human rights instruments in their historical context before analysing the specific provisions or decisions which apply them to extreme speech. It concludes that these instruments provide weak protection for extreme speech because many of the instruments have their origins in the attempt to prevent fascism from rising again and because they are interpreted as part of the international campaign against discrimination. The chapter advocates the development of a more robust domestic defence of free speech based on the comparative example provided by the doctrine of the U.S. Supreme Court rather than on international norms.
Hate Speech, Extreme Speech, and Collective Defamation in French Law
Authors: Mbongo Pascal 
Published: May 2009

Abstract
This chapter provides a picture of the French authorities' (Government and judges) interference in the freedom of expression which are justified by the refusal of Hate speech. These interferences appear like mirrors, not only of the French notion of freedom of expression, but also of the relationship that the French state maintains with society. The French notion of freedom of expression has in fact always been relativistic if only because, by constantly establishing a balance between freedom of expression and ‘law and order’, French constitutional texts have never brought about a debate comparable to the American debate relating to the First Amendment's provision that Congress shall make no law abridging freedom of speech. As a matter of fact, the constancy of this balance between freedom of expression and ‘law and order’ tells us something about a certain form of ‘paternalism’ that is particularly characteristic of the French state in its relations with society.
Towards Improved Law and Policy on ‘Hate Speech’—The ‘Clear and Present Danger’ Test in Hungary
Authors: Molnar Peter 
Published: May 2009

Abstract
This chapter highlights the relevant jurisprudence of Hungary, a post-Holocaust, post-communist, Central European democracy, and shows that the search for effective law and policy on ‘hate speech’ benefits from a fresh, open look at the best practices wherever they have developed. It provides a short description of the social context in Hungary, the most important elements of which are: the Hungarian freedom struggles in the 19th and 20th centuries which always passionately advocated freedom of speech and freedom of the press; decades of totalitarian censorship; the largest Jewish community remaining in Central Europe after the Holocaust, mostly concentrated in Budapest; antisemitism; and the hatred against Roma Hungarians. It analyses how the Hungarian Constitutional Court and the other courts in Hungary have adopted the ‘clear and present danger test’ of the Supreme Court of the United States. Finally, in light of related Hungarian jurisprudence, the chapter explores what might be the most helpful policy on this issue, the most difficult of all questions of free speech theory.
The Danish Cartoons, Offensive Expression, and Democratic Legitimacy
Authors: Cram Ian 
Published: May 2009

Abstract
This chapter presents a legal and constitutional examination of the legitimacy of ‘offence’ as a ground for limiting expression by the coercive force of law. It sets out to tackle a number of questions. First, it discusses the likely outcome of a challenge before the European Court of Human Rights to national authorities' restrictions on expressive activities, where those restrictions rest on the claim that the expression in question does or is likely to cause offence to genuinely held religious beliefs. It discusses some reasons in favour of tolerating offensive expression, including what for many is the least deserving form of offensive expression, namely, ‘gratuitously offensive’ speech. Finally, some issues around the outer limits of offensive expression are explored.
Extreme Religious Dress: Perspectives on Veiling Controversies
Authors: McGoldrick Dominic 
Published: May 2009

Abstract
This chapter examines ‘extreme religious dress’, in particular, the wearing of the Islamic headscarf-hijab in jurisdictions across the world. The focus is predominantly a legal one that seeks to apply human rights standards and categorizations. Section 2 considers the relationships between speech and religious dress. Section 3 examines how headscarf-hijab cases have been, and can be, constructed in terms of international human rights law, individual and group identities and the human right to freedom of religion. Section 4 considers the narrower educational context. Section 5 considers the issue from religious, race, and gender discrimination perspectives. Section 6 widens the perspective to embrace fundamental values of autonomy and consent. Section 7 notes the role of the margin of appreciation in explaining human rights outcomes. Finally, Section 8 locates the importance of religious dress issues, and in particular that of the Islamic headscarf-hijab, within broader contemporary political and philosophical debates.
The Politics of Memory: Bans and Commemorations
Authors: Weil Patrick 
Published: May 2009

Abstract
This chapter shows that the French Republic has previously recognized slavery as crime against humanity and has adopted such radical bans and celebrations: in 1848, at the time of the permanent abolishment of slave trade and slavery; and in the 1880s, when the Republic was definitively put into place as France's form of government. Examining the circumstances in which these institutionalizations took place provides an understanding of the more recent laws in a historical context.
Shouting Fire From the Nanny State to Heckler's Veto: the New Censorship and How to Counter It
Authors: Edgar David 
Published: May 2009

Abstract
Nearly fifty years on from the Lady Chatterley's Lover trial and over forty years from the abolition of theatre censorship, the new threat to free speech in the story-telling arts comes not from the nanny state but from a public demanding the right to be protected from offensive images. Newspaper attacks on representations of wicked people and their acts — at a time when victims' rights are being vigorously asserted — have blurred the distinction between the real and the imagined, and contributed to a climate in which the value of storytelling is downgraded and free speech made vulnerable. Understanding why some groups want to assert their right not to be offended, it is argued that it is beneficial for minority groups to protect free speech and the rights of artists to free expression, even when their work deals with the extremes of human behaviour.
6 Voter Competence: What do Voters Need to Know?
Authors: Hobolt Sara Binzer 
Published: May 2009

AbstractWhat do voters need to know? That is the question examined in this chapter which explores voting behaviour in EU referendums from a normative perspective by considering the issue of voter competence. The main argument put forward in the chapter is that that competent voting in EU referendums is based on issue‐specific preferences and requires political knowledge, but not necessarily high levels of factual political information, since information short‐cuts such as party cues can act as substitutes for detailed information. These theoretical questions are evaluated empirically in an analysis of the 1994 Norwegian referendum on EU membership. This case study reveals that most citizens can vote ‘competently’ by relying on the recommendations of political parties, although it does not follow that voters necessarily adhere to this advice.