bluuebunny/crossref_metadata_2025_split huggingface dataset:
3 Attitudes to Same‐Sex Activity in Anglo‐Saxon England:earg, the Penitentials, and OEbædling
Authors: Clark David 
Published: May 2009

AbstractThis chapter begins by reviewing a limited amount of evidence which suggests that the Anglo‐Saxons may have had a less well‐developed concept of ergi, and concludes that, even given the paucity of what material has survived, it is nevertheless probable that the Anglo‐Saxon assumption in secular circles was that it was normal to be the insertive partner in sex with both men and women but that passivity and effeminacy were strongly stigmatized. Noting the problems of correctly interpreting the significance of legal and ecclesiastical texts as evidence for the incidence of contemporary same‐sex acts and attitudes to them, this chapter emphasizes the fact that there are no extant secular legal penalties from Germanic societies, including Anglo‐Saxon England. It assesses the evidence of the Anglo‐Saxon penitentials, which penalize a range of same‐sex acts, and discusses the obscure term bædling and its implications for the concept of a distinct Anglo‐Saxon sexual identity.
8 Monastic Sexuality and Same‐Sex Procreation inThe Phoenix
Authors: Clark David 
Published: May 2009

AbstractThis chapter analyses the repudiation of male‐female sexuality in The Phoenix and its presentation of asexual, solitary, and spiritual reproduction. It questions how far the spiritualization of sex and gender problematizes the poem's allegorical construction of the monastic environment, and sets up a rich and paradoxical dynamic that reflects a contradictory attitude to same‐sex intimacy and productive anxieties.
Law and Republicanism: Mapping the Issues
Authors: Besson Samantha , Luis Martí José 
Published: May 2009

Abstract
This introductory chapter discusses some of the fundamental theoretical principles underlying republicanism in general, and legal republicanism in particular. The goal is to set a research agenda for the years to come through a survey of the main issues raised by legal republicanism. The chapter identifies central issues that constitute the focal point of most disagreements internal to the republican tradition.
Cosmopolitan Republicanism and the Rule of Law
Authors: Bohman James 
Published: May 2009

Abstract
This chapter discusses a republican conception of the rule of law. It argues that republican freedom demands more of the rule of law than either the formal requirements of justice as regularity or the constraints and immunities of liberal constitutionalism. The fundamental requirement of the republican rule of law is the ‘right to right’: the legal status and political standing that are sufficient for the exercise of the normative powers necessary to change reflexively the legal and political order.
Republicans, Rights, and Constitutions: Is Judicial Review Compatible with Republican Self-Government?
Authors: Honohan Iseult 
Published: May 2009

Abstract
This chapter argues that constitutional judicial review can be understood as forming a part of republican self-government, even if greater emphasis is placed on citizen participation than other positions. It begins by arguing that, rather than the two conceptions of freedom as non-domination and as self-government leading to two opposed accounts of republican government, these are in practice mutually complementary dimensions of freedom. Moreover, the idea of republican political autonomy accommodates a particular conception of rights. It entails an institutional framework that requires participatory institutions and multiple public spheres of deliberation, rather than focusing on a representative legislative assembly. These institutions include judicial review, which can be seen not only as defending the basis of republican self-government but as part of the process of self-government itself.
The Republican Democratization of Criminal Law and Justice
Authors: Luis Martí José 
Published: May 2009

Abstract
This chapter presents a brief characterization of penal republicanism in general and explores the concrete implications of one of the main principles supported by that theory: the principle of democratization of criminal law and the criminal justice system. The adoption of that principle is a consequence of the general, republican ideal of self-government and deliberative democracy. In supporting the principle, penal republicanism opposes both penal elitism and penal populism. Two versions of the republican theory of criminal law can be identified — one more strongly democratic than the other — depending on whether they emphasize the opposition to one doctrine or the other. The strongly democratic version of penal republicanism is defended.
The Republican Foundations of International Law
Authors: Sellers Mortimer N.S. 
Published: May 2009

Abstract
This chapter focuses on republican principles of international law. It argues that the history of international law reveals a commitment to republican principles of liberty, equality, and the common good that justify the law's authority against even the most powerful states. This has strong implications for international institutions, which will gain legitimacy and authority as they conform to well-known standards of republican government already embedded in many national and federal constitutions. The opposite is also true: international law will lose legitimacy and authority if it strays from its justifying principles or disregards the deliberative procedures of the republican form of government.
Multilateral Dimensions of Republican Thought
Authors: Francis Cheneval 
Published: May 2009

Abstract
This chapter analyses the important implications of republican thought for the conception of a multilateral legal order. It conceives republican multilateralism as the institutional form individual republics can create together without compromising the fundamental principle of self-government, and by which they jointly realize the goals of civic republicanism and republican government in a more coherent manner. It proposes a certain type of multilateral integration as the republican alternative to cosmopolitanism. Following a precise description of multilateralism, it focuses on three thematic clusters in which republican thought makes a substantial contribution to multilateralism: the systemic consequences of the domestic republican structure of Member States of the multilateral system; the theory of ‘democratic peace’ among republics and the overcoming of the ‘security dilemma’ of international relations among republics; and the citizenship of individuals and peoples understood as constitutive of an equitable multilateral order.
Alternative Visions of a New Global Order: What Should Cosmopolitans Hope For?
Authors: Lafont Cristina 
Published: May 2009

Abstract
In a series of recent articles, Habermas outlined the basic features that a future international order ought to have. Although so far we only have the contours of the model, the combination of normative and realistic considerations that it contains clearly indicates that the project belongs to the genre of realistic utopias. However, since the model has not yet been fully developed, the exact tradeoffs between realist and utopian elements are not easy to assess. So far at least, the way in which Habermas has presented the model is ambiguous. It allows for a normatively robust reading that suggests a very ambitious model for a future international order, but it also oscillates towards a deflated, minimalist reading that may seem more realistic and thus easier to defend but not worth defending. This chapter defends its plausibility and desirability by analysing and criticizing some considerations and lines of argument that Habermas offers while explaining the model and which seem to lend support to the normatively deflated reading.
On Republican Constitutionalism in the Age of Commerce: Reflections from the Scottish Enlightenment
Authors: Tomkins Adam 
Published: May 2009

Abstract
This chapter presents a vision of republican constitutionalism that emanates from the political conflicts of 17th-century England. It explores the tension between the values of republican constitutionalism and those of commercial society by revisiting the work of those who were among the first to identify this tension as a problem for the modern world: namely, the thinkers of the Scottish Enlightenment. An exploration of the relationship between law, the constitution, government, and commerce was a core concern of the Scots of the Enlightenment. The chapter focuses on the work of John Millar, who wrote about these themes from the perspective of a lawyer: Millar was Regius Professor of Law in the University of Glasgow for forty years (1761-1801) and, among his many legal interests, was an abiding fascination with constitutional law. It is argued that his work and that of his Scottish contemporaries, is deeply revealing both of the complexities and of the pressing vitality of seeking to accommodate republican law and constitutionalism within the fabric of a society that privileges wealth, property, and commerce over the values associated with the participation in public life that self-government apparently requires.
Regime-Building
Authors: Tansey Oisín 
Published: May 2009

Abstract
This book is a study of regime change in the context of international administration, where the United Nations and other multilateral organizations hold temporary executive authority at the domestic level. Work on the politics of state-building has highlighted how these administration operations can influence nearly every aspect of politics in the country or territory in which they are deployed. This book concentrates in particular on the ‘regime-building’ practices of these missions, and examines the aims and influences of international administrations in the area of democratic development, as well as their ultimate impact on the process of regime change. Through a comparative analysis of events in Bosnia, Kosovo, and East Timor, the book demonstrates how external actors assume positions of power conventionally held by domestic elites, and in so doing gain the ability to affect democratic development in ways unavailable to international actors in more conventional settings. In particular, the case studies highlight the ways in which the democracy promotion objectives of international administrators can have both positive and negative effects on democratization processes, with the presence of international authorities helping to rule out non-democratic options in some areas, while at times undermining democratic development in others. The book identifies the key international actors involved, highlights the mechanisms of influence available to them in these contexts, and explores the crucial mediating role of domestic actors and structures.
International Administration and Democratic Regime‐Building
Authors: Tansey Oisín 
Published: May 2009

Abstract
This chapter explores two issues that are at the heart of this study, namely the rise of international administration of territory as a practice in international relations, and the similarly significant emergence of democracy as the preferred form of governance for many in the international community. The first section explores the changing nature of international administration during the 20th century, and culminates in an examination of contemporary international administration missions and a discussion of the particular cases that will be examined in the following chapters. The second section explores the rise of the norm of democracy and the practice of international democracy promotion, addressing the shift in both international ideas and practices regarding democratic governance and the increasing role of international authorities in relation to domestic processes of regime change.
Democratization Theory and International Administration
Authors: Tansey Oisín 
Published: May 2009

Abstract
This chapter uses and modifies some of the concepts developed in the transitions literature in the past in order to develop a theoretical framework that can incorporate the extensive international involvement entailed in international administration. In particular, this involves re-examining the idea of the mode of transition, which has usually been accounted for with reference to domestic variables alone, and modifying it to incorporate the role of international actors. The chapter also explores the particular mechanisms through which international forces influence domestic level politics, and highlights the positive and negative affects this form of international involvement can have. Finally, it identifies three core arenas of democratic transition and highlights the key points of interaction in each arena between domestic and international forces.
What Counts as Domestic Violence?
Authors: Madden Dempsey Michelle 
Published: May 2009

Abstract
This chapter analyses the conceptual structure of domestic violence and critiques various influential accounts of domestic violence presently operating in the criminal justice system, academia, and domestic-violence advocacy communities. It begins by presenting a preliminary analysis of domestic violence which distinguishes its three key elements: violence, domesticity, and patriarchy. It then sets forth an explanatory model of domestic violence based upon these elements. This model is put to work in an examination and critique of four principal accounts of domestic violence, each of which reflects the conflicting ways in which the concept of domestic violence is used in the language and methodology of the criminal justice system, academia, and advocacy communities. Finally, the chapter endorses a key conceptual distinction between domestic violence in its strong sense (where domestic violence tends to sustain or perpetuate patriarchy) and domestic violence in its weak sense (where it does not).
Can There be a Theory of Law?
Authors: Raz Joseph 
Published: May 2009

Abstract
This chapter argues that a theory of law is successful if it meets two criteria: first, it consists of propositions about the law which are necessarily true, and, second, they explain what the law is. The chapter clarifies the relationship between this thesis and the traditional way of understanding the task of legal theory as explaining the concept of law. It then examines several difficulties with the idea that there can be a theory of law in general, a theory which since true is necessarily true of the law wherever and whenever it is to be found. The problems examined arise out of the changing nature of concepts, out of the dependence of law on concepts, and out of the alleged impossibility of understanding alien cultures, using alien concepts.
Two Views of the Nature of the Theory of Law: A Partial Comparison
Authors: Raz Joseph 
Published: May 2009

Abstract
This chapter considers the theses of Ronald Dworkin and HLA Hart. It explains (1) why Dworkin was wrong to think that Hart and others were concerned with the meaning of the word ‘law’; (2) why nevertheless if the semantic sting is a good argument against explanations of the meaning of the word ‘law’ it is also a good argument against any explanation of the concept of law, including that which Hart provides; and (3) why it is a bad argument. It then explains some mistakes that may have led Dworkin to endorse his third thesis about the nature of legal philosophy, namely the thesis that jurisprudence is a silent prologue to any legal decision.
Interpretation Without Retrieval
Authors: Raz Joseph 
Published: May 2009

Abstract
Interpretation involves explaining, showing, or displaying the meaning of the object of interpretation. Interpretation is therefore often thought to be retrieval, a process of retrieving and elucidating the meaning the original has. This chapter shows that the ideas associated with the retrieval picture are mistaken or misleading. It focuses on interpretation of works of art, music, and literature, and offers abstract account of interpretation which can be modified to apply to other standard objects of interpretation (e.g., the law, historical events, rituals, and social customs). The account allows for a more balanced view of the different ways in which authors' intentions can play a role in interpretation.
Intention in Interpretation
Authors: Raz Joseph 
Published: May 2009

Abstract
This chapter focuses on the role intention must have in the interpretation of legislation. It argues that the doctrine of authority provides the foundation for the role of conserving interpretation in adjudication. In the practice of adjudication, interpretation features even where the doctrine of authority does not extend, and where conserving interpretation is either impossible or unjustified. However, the question of why and when should the courts use innovative interpretation as the morally correct way of deciding cases remains to be answered.
On the Authority and Interpretation of Constitutions: Some Preliminaries
Authors: Raz Joseph 
Published: May 2009

Abstract
This chapter discusses the authority and interpretation of constitutions. A principle of constitutional theory that commands widespread support says that the principles of constitutional interpretation depend in part on the theory of constitutional authority. In determining the conditions for constitutional legitimacy, the theory of the authority of the constitution contributes to the determination of principles of interpretation. It is argued that this sound principle is also the source of many false analogies motivated by attempts to assimilate the authority of the constitution to that of other parts of the law.
First the Music, and Then the Words
Authors: Kivy Peter 
Published: May 2009

AbstractThis chapter begins with a discussion of Salieri's opera, or, rather, Casti's libretto, which holds the key to the origins of musical formalism in the late 18th century, and to the origins of the focus of this book — the ancient quarrel between music and literature. It argues that the first wave of musical interpreters of the new absolute music, faced with the phenomenon of a rapidly growing instrumental repertoire, turned to the familiar, if somewhat less than commonplace practice of writing words to precomposed music, for their interpretive method. What was heard by these interpreters in absolute music was wordless drama. And, as interpreters, they became the composers' (sometimes unwelcome) librettists. But while narrative, dramatic interpretations may have been the more abundant, critics and theoreticians were also struggling with another concept of absolute music that would lead to Hanslick's formalism, and other formalisms to come. It was the concept of absolute music as a pure sonic structure with no secret or underlying meaning at all.
Designs À La Grecque
Authors: Kivy Peter 
Published: May 2009

AbstractIn the 18th century, when music was under discussion it was vocal music that was almost always was talked about by philosophers and other ‘theorists’ of the arts. There wasn't any real problem with vocal music's membership in the family of the fine arts since it had a poetic text, and there was never any doubt that poetry was a fine art: indeed it was the paradigm case. Also, what the fine arts were supposed to have in common, as their defining principle, was representation. And vocal music, since the end of the 16th century, had been understood as a representational art: it represented the passionate tones of the human speaking voice. The bone of contention was pure instrumental music: music without a text, what came to be called ‘absolute music’ in the 19th century. The problem was that it was difficult to see how, if representation was to be the defining property of the fine arts, that principle could apply to absolute music. For it seemed to have no plausible object of representation: the human voice seemed an unlikely candidate, although it was proposed from time to time; and there was no other in evidence to serve the purpose, if the human voice could not. In the context of the debate over whether or not absolute music is one of the fine arts, this chapter examines Kant's philosophy of music as a whole, and his musical formalism in particular.
Shostakovich's Secret?
Authors: Kivy Peter 
Published: May 2009

AbstractThis chapter argues that the logically proper way to see the spate of recent attempts to put narrative interpretations on the works of absolute music, accepted as such in the canon, is to see them as attempts to demonstrate that these works are not works of absolute music at all but, in reality, programmatic works mistakenly taken to be works of absolute music. To do otherwise — in particular, to describe these interpretations as imparting narrative content to absolute music, as defined — is a logical howler. It is further argued that the bar for successful narrative interpretation of the absolute music canon — which is to say, the successful demonstration that an alleged work of absolute music is in reality program music a clef — must be raised.
Empty Pleasure to the Ear
Authors: Kivy Peter 
Published: May 2009

AbstractThis chapter argues that the feeling of ecstasy, exaltation, or passionate enthusiasm that absolute music in its highest manifestations calls forth in its devotees, is of an intrinsic worth beyond price, and during the time one is experiencing it one is, on that account, a better person. It may not be an enduring moral force in the world, or a revelation of a deeper reality, but it is great while it lasts. And if it makes us better in the moment, by affecting us in the way that it does, then this is more than can be said for most human experience, and more than enough to justify the esteem in which it is held.
Practical Intelligence and the Virtues: An Aristotelian Approach
Authors: Russell Daniel C. 
Published: May 2009

AbstractThis chapter sets forth the main aim of the book, viz. to argue that virtue ethics cannot survive without the thesis that phronesis, much as Aristotle conceived of it, is a crucial part of all the virtues, and that this thesis is defensible and attractive. It examines Aristotle's account of deliberation and phronesis in some detail. The chapter concludes by summarizing some of the main contemporary controversies surrounding the view that phronesis is necessary for virtue.
Right Action and ‘The Virtuous Person’
Authors: Russell Daniel C. 
Published: May 2009

AbstractPeople often describe virtue ethics as holding that an action is right if and only if it is what an agent with a virtuous character would do in the circumstances. Nonetheless, virtue ethicists in recent years have increasingly retreated from ideas about what “the virtuous person” would do, viewing such ideas as too abstract and idealized to be of much real use. This chapter explores these objections, and particularly Christine Swanton's virtue ethical account of right action which avoids making any reference to ideal virtuous persons. Swanton argues that such ideals are perilous, and treats virtue as a “threshold concept”, on which one need only be “virtuous enough” to be genuinely virtuous. It is argued that “virtuous enough” has meaning only by relying on an ideal of virtuousness after all, that that ideal threatens none of the perils that worry Swanton, and that that ideal must include phronesis.