bluuebunny/crossref_metadata_2025_split huggingface dataset:
Pascal's Wagers and James's Will to Believe
Authors: Jordan Jeffrey J. 
Published: September 2009

Abstract
Pascal's wager was a revolutionary apologetic device. It is not an argument for the claim that God exists. That sort of argument appeals to evidence, whether empirical or conceptual. The wager is an argument that belief in God is pragmatically rational, that inculcating a belief in God is the action dictated by prudence. To say that an action is pragmatically rational implies that it is in one's best interests to do that action. Rationality and truth can diverge, of course. But in the absence of conclusive evidence of truth, Pascal contends, rationality should be our guide. Pascal's pragmatic turn, though foreshadowed in earlier writers, was an attempt to argue that theistic belief was the only proper attitude to adopt when faced with the question of the existence of God. Because reason cannot determine the answer, it must yield the field to prudence, which, if the wager succeeds, wins the day for theism.
Miracles
Authors: Mavrodes George I. 
Published: September 2009

Abstract
The idea of the miraculous, and reports of miracles, are prominent elements in some religions. Christianity is one of those religions. This article discusses this idea primarily in the context of Christianity, though much of it applies to its occurrence in the other theistic religions. From the very beginning, accounts of the life of Jesus seem to include miraculous elements. In the four Gospels that are now part of the New Testament, Jesus is reported as having done many strange and amazing things. Most of these involve the healing of various diseases and disabilities, many of them apparently of long standing. There are also other incidents, such as walking on water, calming a storm, and changing water into wine at a wedding feast, that do not involve healings. There is at least one striking case of a resurrection attributed to Jesus, the raising of Lazarus (John, ch. 11). And finally there is the miracle that, for many Christians anyway, overshadows all of these others in importance. That is the resurrection of Jesus himself several days after his death by crucifixion.
Religious Diversity
Authors: Quinn Philip L. 
Published: September 2009

Abstract
Religious diversity is, of course, nothing new. In the West, Greek observers long ago commented on Egyptian religious beliefs and practices, and the Hebrew Bible records information about the rival religions the Israelites encountered. Surely the early Christians, who were persecuted for refusing to acknowledge the divinity of the Roman emperors, were aware of religious diversity. It did not escape notice in medieval Christendom; Aquinas, for example, cited Maimonides frequently and with great respect. But when the Reformation shattered the unity of Christendom, religious diversity became more salient for the culture of modernity because it had become a source of violent conflict at the heart of Europe. And it appears to be a permanent feature of the pluralistic liberal democracies that have come to be typical of Western Europe and North America. At the beginning of the third millennium of the common era, religious diversity seems to be increasing in importance to philosophical thought.
Analytic Philosophy of Religion
Authors: Hasker William 
Published: September 2009

Abstract
One could hardly describe the philosophical writings of the earlier stages as childish, let alone infantile. But the field of study itself was discernibly immature, and since then there has been notable progress both in the topics addressed and in the manner of treating them. This article divides the history into three phases, characterized by differences in the subject matter most actively discussed. In the first phase, lasting until about 1965, the overwhelming preoccupation was with religious language, especially with the cognitive meaningfulness of such language. In the second phase, lasting through the early 1980s, much effort was focused on what may be termed the “philosophy of theism.” In the most recent period there has been a notable diversification, and the field now embraces a greater variety of topics than at any previous time.
Wittgensteinianism
Authors: Phillips D. Z. 
Published: September 2009

Abstract
The twentieth century saw a revolution in philosophy. The philosophical giant in that revolution was Ludwig Wittgenstein. P. M. S. Hacker writes: “Wittgenstein's influence dominated philosophy from the 1920s until the mid 1970s. He was the prime figure behind both the Vienna Circle and the Cambridge school of analysis, and the major influence upon Oxford analytic philosophy in the quarter of a century after the Second World War”. Yet, the influence of Wittgenstein on the philosophy of religion, even during this period, was never dominant. Neither is it dominant today, although Wittgensteinianism is one of the main movements in the subject. One of the reasons stems from the influence of logical positivism, which held that all religious and theological propositions to be meaningless. People wrongly associated Wittgenstein with this view. He, by contrast, respected religious belief as a deep tendency in human beings, but, in his early views, struggled with the issue of how its sense is to be understood.
Overview
Authors: Lewis James R. 
Published: September 2009

Abstract
The Overview to this book starts by introducing the field of study, new religious movements (NRMs). It outlines how NRM studies were conceived and developed. It then provides a detailed survey of the contents of this book, introducing the various topics studied in turn. The book’s core, the Overview states, deals with issues that have consumed the most academic activity in this field—conversion, the role of women, the brainwashing debate, and millennialism.
The Sociocultural Significance of Modern New Religious Movements
Authors: Dawson Lorne L. 
Published: September 2009

Abstract
This article criticizes approaches to new religious movements that view them in terms of reactions to secularization or in terms of certain other understandings of modernity. Instead, it argues that one should draw from more nuanced understandings of the modern world, particularly Anthony Giddens's analysis of modernity and globalization. Giddens is, however, overly simplistic in his portrayal of religion, and the article suggests how globalization theory might be modified to be applicable to the interpretation of contemporary new religions.
Legal Dimensions of New Religions
Authors: Richardson James T. 
Published: September 2009

Abstract
The legal situation of new religions, sometimes pejoratively referred to as “cults and sects,” can be analyzed from several different perspectives. One, favored by law reviews, would be a straightforward case law analysis focusing on case chronology and legal precedent, while basing the analysis on how the cases comport with major provisions of statutes and constitutional documents, or to significant concepts such as religious freedom. However, such an approach may not be as revealing as a more in-depth review from a sociological perspective. This article adopts a more sociological approach, applying some key variables from sociology and the sociology of law to the area of new religious movements (NRMs). It focuses on legal efforts to exert social control over new religions, especially involving court cases but also referencing some major legislative attempts to regulate of NRMs. Before dealing with these matters, it recounts in broad terms efforts made to control NRMs within the U.S., where NRMs first came to the attention of the public and policy makers, but also other in countries where concern about NRMs developed somewhat later.
The North American Anti-Cult Movement
Authors: Shupe Anson , Bromley David G. , Darnell Susan E. 
Published: September 2009

Abstract
This article examines the structure and development of the anti-cult movement (ACM) through three stages: emergent, expansion/consolidation, and domestic accommodation/international expansion. The emergent stage from the late 1960s to the end of the 1970s, witnessed the initial construction of the countermovement structure and economy, most notably its mind control ideology. During the expansion/consolidation stage of the 1980s, national-level organization was achieved and the countermovement structure and economy were fully developed. The domestic accommodation/international expansion stage that began in the early 1990s has been one in which the ACM has lost its most visible and radical organizational unit. The result has been that movement rhetoric and action has moderated, although the ACM contributed to the implementation of radical control measures in Europe.
Something Peculiar about France
Authors: Introvigne Massimo 
Published: September 2009

Abstract
The North American anti-cult movement enjoyed considerable success exporting its peculiar ideology to Europe, particularly following the Solar Temple murder-suicides in the mid-1990s. This article begins by analyzing European attitudes toward new religious movements in terms of two types of official reports issued by various nations. It then discusses France, which alone among European countries seems intent on abolishing all new religions.
Satanism and Ritual Abuse
Authors: Jenkins Philip 
Published: September 2009

Abstract
Although the Satanism scare of the late 1980s and early 1990s did not involve an empirically existing new religion, it shared many themes with the cult controversy. Anti-cultists jumped on the Satanic Ritual Abuse (SRA) bandwagon as a way of promoting their own agenda, and new religious movement scholars spearheaded the academic analysis of the scare. This article presents a systematic survey of this phenomenon. It analyzes the traditional folklore and literary sources for the SRA stereotype of a secretive network of diabolical Satanists.
Esotericism in New Religious Movements
Authors: Hammer Olav 
Published: September 2009

Abstract
The study of Western esotericism has come into its own in recent years. Because this tradition incubated a number of more recent movements—from Neopaganism to the New Age—contemporary studies of esotericism overlap studies of these related phenomena. This article articulates a concept of esotericism based on five characteristics: social formations, rituals, purported objectives, cognitive style, and relations to mainstream society. It then analyzes a number of groups and movements exhibiting these characteristics.
Strategic Judicial Decision-making
Authors: Spiller Pablo T. , Gely Rafael 
Published: September 2009

Abstract
In his incomparable style, Judge Richard Posner describes what is perhaps the issue of most interest to scholars in the strategic tradition to judicial decision-making: under which conditions do judges behave more like “legislators” or more like “judges?” Posner's description of the role of judges suggests that judges' behavior can be modeled in the same fashion in which we model other rational actors—politicians, activists, managers: driven by well-defined preferences, behaving in a purposive and forward-looking fashion. The strategic approach seeks to sort out the various competing interests faced by judges when making decisions. In essence, the strategic approach explores the role of politics in judicial decision making. This article reviews the strategic approach to judicial decision making in the United States and compares it with the attitudinal approach. It also discusses the so-called internal strategic approach, which focuses on the decision-making process within the U.S. Supreme Court.
The Judicialization of Politics
Authors: Hirschl Ran 
Published: September 2009

Abstract
The judicialization of politics—the reliance on courts and judicial means for addressing core moral predicaments, public policy questions, and political controversies—is arguably one of the most significant phenomena of late twentieth- and early twenty-first-century government. Armed with newly acquired judicial review procedures, national high courts worldwide have been frequently asked to resolve a range of issues from the scope of expression and religious liberties and privacy to property, trade and commerce, education, immigration, labor, and environmental protection. This article analyzes the scope, nature, and causes of the judicialization of politics, as well as judicial behavior, recent jurisprudence of courts and tribunals worldwide, and the judicialization of “mega-politics” or “pure” politics—the transfer to courts of contentious issues of an outright political nature and significance. Questions of pure politics include electoral processes and outcomes, restorative justice, regime legitimacy, executive prerogatives, collective identity, and nation building. These developments reflect the demise of the “political question” doctrine, and mark a transition to what is termed “juristocracy.”
Legal and Extralegal Emergencies
Authors: Scheppele Kim Lane 
Published: September 2009

Abstract
What should a duly constituted and legitimate government do when political crises threaten the very viability of the state? The usual answers to this question fall into two camps: the legal and the extralegal. The legalists argue that crises of state must be met by entirely legal responses, and typically constitutionalize emergency powers by ringing them round with various forms of constraint. The extralegalists argue that serious crises of state must be met with responses outside the law. This article examines the major national traditions in the justifications of and legal frameworks for emergency powers. It focuses on ancient models of constrained dictatorship, martial law and prerogative power in common-law systems, state of siege and the French constitutional tradition, and the state of exception and the German constitutional tradition. The article then examines delegation, suspension, deference, and partition and reviews common governmental technologies—how governments actually exercise emergency powers. Finally, it considers the debate over emergency powers after 9/11 as many countries deal with what they see as novel and mortal threats from international terrorism.
War Crimes Tribunals
Authors: Bass Gary J. 
Published: September 2009

AbstractThis article reviews the state of the field in three crucial issues about war crimes tribunals: victors' justice, outlawing war, and the trade-off between peace and justice. In all three, the tension between the partiality of politics and the impartiality of law is stark and enduring. Although international tribunals are often billed as simply the extension of the domestic rule of law, there is no set legitimate authority in place in international relations. Even the permanent International Criminal Court is brand new, and its permanence is hardly guaranteed. The question of who judges is particularly salient because of the weak consensus on underlying values in the international system. The ad hoc tribunals for the former Yugoslavia and Rwanda did not formally include aggression in their charters. The world is in the bizarre position of pursuing an international legal order that enshrines the key tenets of jus in bello, while largely ignoring jus ad bellum.
Informalism as a Form of Legal Ordering
Authors: Harrington Christine B. 
Published: September 2009

Abstract
There are three distinctive approaches to informalism in the field of law and politics: judicial hierarchy approach, ongoing relationship approach, and legal pluralist approach. In general, all three approaches have similar descriptions of informal forms of orderings, be they institutions, such as small claims courts, or procedures, such as mediation. The approaches differ in terms of how each treats the relationship between informal and other forms of ordering. This article analyzes informalism as a form of legal ordering embedded in judicial and administrative institutions. It begins by discussing judicial hierarchy, the nature of the relationship between the parties as a principle determinant of whether informal or formal forms of ordering apply, and legal pluralism. The article then considers the central “technologies” of informalism within judicial and administrative settings, such as mediation and negotiated rulemaking. It also reviews research on informal law in the law and politics field and what these studies of informalism imply about the politics of law and legal institutions more generally.
Rights in Legal and Political Philosophy
Authors: Kramer Matthew H. 
Published: September 2009

Abstract
Analytical questions about legal rights concern matters such as the fundamental characteristics of those rights, the relationships between those rights and other legal positions such as liberties and powers and duties, and the basic functions of those rights. Whereas the analytical questions concerning legal rights are squarely within the domain of legal philosophy, the normative questions belong at least as much to political philosophy as to jurisprudence. This article looks at some analytical matters relating to the fundamental features and functions of legal rights, as well as some normative debates relating to the suitable means by which the basic legal rights in a society are to be settled. It examines the views of the American jurist Wesley Hohfeld about legal rights and the controversy over the basic civil liberties and civil rights that are protected or conferred by so-called bills of rights in quite a few national constitutions.
Filling the Bench
Authors: Yalof David A. 
Published: September 2009

Abstract
During the past quarter century, the subject of judicial recruitment has received considerable attention from scholars of every stripe. Social scientists, historians, law professors, and journalists have all tried to document the politics of recruitment to the American bench. The audience for such research has been growing as well. Sparked first by the controversy surrounding Robert Bork's Supreme Court nomination in 1987, and then four years later by Clarence Thomas's nomination to the Supreme Court, interest in judicial nominations has perhaps never been greater than in the modern era. After reviewing the literature on how judges are recruited in the United States, this article focuses on recruitment to the U.S. Supreme Court, the lower federal courts, and state courts. It also considers the future of scholarship on judicial recruitment.
Legal Profession
Authors: Abel Richard L. 
Published: September 2009

Abstract
Lawyers (especially criminal defense counsel) are often asked: “How can you represent these clients?” Common law lawyers—especially American—respond by invoking “The Adversary System Excuse.” They are hired guns, compelled by the “principle of professionalism” to advocate vigorously while being absolved of moral responsibility by the “principle of non-accountability.” Common law judges endorse this theory because they are more reactive than their civil law counterparts and hence depend on opposing counsel to develop the facts and argue the law. This article examines theories of legal representation, interaction between judges and lawyers, alternatives to law, the effects of the size and composition of the legal profession on courts, ensuring the right to counsel, and unresolved tensions between law and politics. It also discusses judicial influence on the legal profession, lawyer influence on courts, the market for adjudication and legal representation, the consequences of demography, and achieving justice.
Courts and the Politics of Partisan Coalitions
Authors: Gillman Howard 
Published: September 2009

Abstract
One of the most promising ways of integrating the study of law and courts into the mainstream of political analysis is to focus more attention on how legal institutions figure into the broader interests and agendas of other power holders. Toward this end an increasing number of scholars within political science have begun to develop what is becoming known as a “regime politics” approach to the study of courts. Much of the work associated with this research agenda focuses especially on the relationship between courts and party politics. This article examines how courts fit into regime politics and the dynamics of national governing coalitions. It considers some propositions that can be associated with Roald Dahl's original argument about how courts should be expected to cooperate with the prevailing governing coalition as well as his account of U.S. Supreme Court politics. The article also discusses the role of courts in the enhancement of “credible commitments” to favored constituencies, as coalition stabilizers, in the imposition of national norms on “regional outliers,” in political entrenchment, and as independent policy makers.
The Path of the Law in Political Science: De-centering Legality from Olden Times to the Day before Yesterday
Authors: Scheingold Stuart A. 
Published: September 2009

Abstract
Courts in general, the U.S. Supreme Court in particular, and constitutional law are, have been, and will continue to be the intellectual center of gravity for the law and courts subfield of political science—albeit with the welcome addition in recent years of a strong element of comparative inquiry. Indeed, there was a time at the beginning of the twentieth century when they were the intellectual center of gravity of the discipline of political science. Beginning in the late 1950s, however, the law and courts subfield—formerly known as public law—began to spread its wings. This is the process known as de-centering. The de-centering impact of the new institutionalism and its precursors is perhaps best captured by the idea of putting the law into its political context. This article examines the roots, the elements, and the rewards of de-centering and argues that de-centering does not displace the center but augments it. It also discusses legality, politics, and democracy as well as legal accountability, electoral accountability, and the politicization of legal accountability.
Reflections about Judicial Politics
Authors: Spaeth Harold J. 
Published: September 2009

Abstract
In the middle of the last century, though other fields within American politics were beginning to show the first glimmerings of a behavioral—previously quantitative—focus, judicial politics remained untouched (or “uncontaminated”) by those then modern currents. Of course, C. Herman Pritchett had published a series of brief articles in the American Political Science Review and in the Journal of Politics, then the only two general journals of political science. However, these contained only frequencies and percentages and lacked explanation. The absence of social science theory and methodology in Pritchett's early work is only partially explained by the very limited body of relevant scholarship, but also by his adherence to the belief that the justices were not merely political actors, but were mightily constrained by the law and institutional features of courts. This article deals with judicial politics and considers modeling in twenty-first-century judicial scholarship, along with personal policy preferences in the exercise of decisional choice. It also discusses the views of three leading legal philosophers: Ronald Dworkin, Bruce Ackerman, and Howard Gillman.