bluuebunny/crossref_metadata_2025_split huggingface dataset:
Narrow Originalism/Intentionalism
Authors: Barber Sotirios A. , Fleming James E. 
Published: January 2009

Abstract
Narrow originalists contend that constitutional interpreters can avoid philosophical reflection and choice by determining and enforcing the relatively concrete intentions (or original meanings or original understandings) of the persons who ratified the Constitution. This chapter concludes that narrow originalism provides no escape from philosophic choice, for it is only through philosophic argumentation that one can answer questions that must be answered before the historical search for intentions can even begin. And, once that search begins, only through the philosophic approach can we decide what those intentions are. The chapter also shows that self-styled “new originalism” suffers from the same flaws as the old originalism. Fidelity to the constitution as written would require a philosophic approach, or an abstract originalism as distinguished from a narrow originalism.
Broad Originalism
Authors: Barber Sotirios A. , Fleming James E. 
Published: January 2009

Abstract
Broad originalists seek a middle way between narrow or concrete originalism and abstract originalism or the philosophic approach. They agree that concrete originalism is, for various theoretical and practical reasons, unworkable and indefensible. But they also feel that the philosophic approach is incapable of being faithful to the Constitution. Broad originalists believe the cure for Ronald Dworkin's abstract arguments for rights is greater respect for historical beliefs and practices and therefore a turn to history in constitutional interpretation. The chapter shows that a turn to history need not be and, understood correctly, cannot be a turn away from the responsibility of philosophic reflection and choice. The turn to history should be reconceived as in service of, not as alternative to, the philosophic approach.
Reputation
Authors: Craik Kenneth H. 
Published: January 2009

AbstractThe network interpretation of reputation advanced in this book depicts the everyday flow and storage of information about a person throughout the extensive lifelong network of all of those other individuals who have come to know that person. This demonstration of the underlying components and development of a person’s reputation affords examination of such issues as truth in reputation, how persons are both the agent and resultant of their reputations, the mutual relevance of reputation and personality, the psychological structure of libel law, and three distinct stages in the evolution of a person’s posthumous reputation network. The explicit network approach provides guidance for addressing such questions as How can we estimate the total membership size of a person’s lifelong reputational community? What adaptive social functions does gossip serve? What does the libel court of London teach us about the risks of communicating information about specific other persons and of defaming and being defamed? What changes occur in the flow of information about persons upon their death? This integrative network conception of reputation brings together a wide range of subfields in the social sciences and humanities into a coherent framework. They include biographical studies, cultural history, evolutionary psychology, gossip research, libel law, organizational psychology, personality assessment, publicity and public relations, social cognition, social network analysis, and social representation theory. The comprehensiveness of the network interpretation of reputation spotlights new forms of interdisciplinary analysis and shows how scholars and scientists in a broad array of disciplines have something important to contribute.
Truth in Reputation
Authors: Craik Kenneth H. 
Published: January 2009

AbstractThis chapter addresses a central feature in most definitions of reputation-the content claims about attributes of the person. The truth of these claims entails two issues: first, the accuracy of the claims as representative of what is actually being said and believed about the person and, second, the validity of the claims themselves as checked against other sources of knowledge about the person. The accuracy issue deals with what is generally thought regarding social facts, narrative events, and personality trait attributions regarding the person. In contrast, seeking evidence for the validity of these reputational content claims takes us away from the membership of the reputational network and toward other sources of information about the person. Validational endeavors might engage inquiries by investigative journalists regarding social facts, historians regarding narrative events, and personality assessors regarding trait attributions.
Babels and Assemblies
Authors: Saposnik Arieh Bruce 
Published: January 2009

Abstract
This chapter describes the social, economic, cultural, and demographic conditions in early twentieth‐century Palestine that served as the soil on which Zionist cultural work would unfold. It argues that the sense of crisis that pervaded the Yishuv in those years, along with ethnic, religious, linguistic, cultural, and organizational disunity, are critical to understanding Zionist efforts. It then describes two competing Zionist attempts at organizational unity: the Va'ad ha‐Agudot of 1902 and the “Great Assembly,” convened by Russian Zionist leader Menahem Ussishkin in 1903. These bodies became sources of new discord, based in differing understandings of the nature of the nation and its relationship to its land, as well as a changing connection between Jews in Palestine and in the Diaspora. The Hebrew Teachers' Association, also of 1903, would emerge as an important nationalizing tool.
New Immigrants, Rival Vanguards
Authors: Saposnik Arieh Bruce 
Published: January 2009

Abstract
This chapter explores competing definitions of “native” Hebrew identity claimed by two distinct social groups: a native generation that had been raised in the Zionist colonies and neighborhoods of the “first Aliya” and a group of immigrants who began arriving in 1903 and 1904, inaugurating what would become known as the “second Aliya.” Received initially with a mixed response from veteran Zionists, the *Labor‐Zionist immigrants among this new wave emerged as both partners and rivals in nationalizing the Yishuv. This rivalry contributed to the growth of a wide range of cultural activities, including the appearance of new celebrations, such as Passover fair in Rehovot, a symbol of Hebrew nativity; new rituals, such as pilgrimages to the graves of the Maccabees; and even the construction of “the first Hebrew city” of Tel Aviv. Many of those that would persist were, in the final analysis, syntheses of the cultural efforts of competing groups.
“Halbasien” in Asia
Authors: Saposnik Arieh Bruce 
Published: January 2009

Abstract
Beginning with the Young Turk revolution in 1908, this chapter examines the changing conceptions of East and West as they were manifested in Yishuv culture. Zionism's call for a Jewish return to “the East” was rooted in part in a broader European fascination with “the Orient.” This interest in the East coincided in time and in much of its imagery with a conceptual division of Europe itself into its “western” and “eastern” parts. The Jews were deeply implicated in these twin conceptualizations of the Orient and of Europe's own “Orient” at home, particularly with the notion that Jews constituted a semi‐Asiatic, foreign element in Europe. Competing images of Occident and Orient—resonating with a wide range of racial, social, political, and cultural overtones—would become not only central elements in efforts to create a new Hebrew language, art, and music but also defining aspects of the Yishuv's institutions, rituals, and national liturgy.
Bounding the Nation
Authors: Saposnik Arieh Bruce 
Published: January 2009

Abstract
Continuing with the theme of Orient and Occident in Zionist culture, this chapter examines the ways in which competing conceptions helped determine the role of Oriental Jews and Palestinian Arabs in the emerging Hebrew nationhood. Arguing against a historiography that correlates Zionism with an oversimplified version of European Orientalism, the chapter contends that, within Zionist culture, a myth of Sephardic supremacy coexisted with a sense of Ashkenazi superiority to shape the roles envisioned for the nation's Jewish ethnic groups. Similarly, romantic images of Arabs as racial counterparts and as models for the new Hebrews clashed with a view of the Arab as primitive and responsible for the land's desolation in a time of nascent national conflict. Especially in the wake of the Young Turk revolution, these conceptual divisions informed the Yishuv's language, music, celebrations, public spaces, economic and political orientations, immigration policy, and even bodily comportment.
Language Wars and Other Wars
Authors: Saposnik Arieh Bruce 
Published: January 2009

Abstract
This chapter examines the “language war”—the effort to establish Hebrew as the language of instruction in Haifa's Technion and its high school—as a defining struggle for the Yishuv's national culture. Together with the fight against missionary institutions that preceded it, this was a battle for institutional and organizational autonomy (in particular, from the German‐Jewish Hilfsverein), for the hegemony of the Hebraist nationalizing elite in Jewish Palestine, and for the supremacy of that group's vision of national culture. Bearing quasi‐religious overtones of cataclysmic conflict, the undertaking was incorporated into new holidays such as “Flower Day” and transformed traditional celebrations. Frequent conflations of educational struggle with escalating national conflict and the fallen of Ha‐Shomer* proved formative for new Hebrew masculinities and femininities. By the outbreak of WWI, a distinct culture had emerged in which an altered distribution of power between the Yishuv and the Diaspora was an essential component.
Radical Reform
Authors: Ramadan Tariq 
Published: January 2009

Abstract
This book tackles head-on the rulings of Islamic jurists that make Islam seem incompatible with modern, scientifically, and technologically advanced, democratic societies. The book argues that it is crucial to find theoretical and practical solutions that will enable Western Muslims to remain faithful to Islamic ethics while fully living within their societies and their time. It notes that Muslim scholars often refer to the notion of ijtihâd (critical and renewed reading of the foundational texts) as the only way for Muslims to take up these modern challenges. But, the book argues, in practice such readings have effectively reached the limits of their ability to serve the faithful in the West as well as the East. This book sets forward a radical new concept of ijtihâd, which puts context—including the knowledge derived from the hard and human sciences, cultures, and their geographic and historical contingencies—on an equal footing with the scriptures as a source of Islamic law. This global and comprehensive approach, it says, seems to be the only way to go beyond the current limits and face up to the crisis in contemporary Islamic thought: Muslims need a contemporary global and applied ethics. After setting out this proposal, the book applies a new methodology to several practical case studies involving controversial issues in five areas: medical ethics, education, economics, marriage and divorce, culture, and creativity.
Introduction
Authors: Ramadan Tariq 
Published: January 2009

Abstract
This introductory chapter argues that the awakening of Islamic thought requires reconciliation with its spiritual dimension on the one hand, and renewed commitment and rational and critical reading (ijtihâd) of the scriptural sources in the fields of law and jurisprudence (fiqh) and on the other. It discusses the primary purpose of this book, which is to revisit not only the tools and concrete, historical implementations of fiqh, but also their sources, their categorization, and at the same time their methods, the range of their authority and the nature of the approaches that have been put forward throughout the history of this science (usûl al-fiqh). The book presents three fundamental propositions: the contemporary Muslim world (both East and West) must reconsider the terms and modalities of the reform process (islâh, tajdîd); the contents geography of the sources of usûl al-fiqh must be reconsidered; and the center of gravity of authority in the Islamic Universe of reference must be shifted by ranking more clearly the respective competences and roles of scholars in the different fields.
1 The Concept of “Reform”
Authors: Ramadan Tariq 
Published: January 2009

Abstract
This chapter reflects on the notion of “reform” in Islam. It begins by discussing two concepts in Islamic sciences, drawn from scriptural sources, that directly refer to the ideas of “reform” and “renewal”, namely, “tajdîd” and “islâh”. It considers the role of the Quran in contemporary debate over “reform”. The notion of “ijtihâd” is also discussed.
2 What Reform Do We Mean?
Authors: Ramadan Tariq 
Published: January 2009

Abstract
This chapter continues the discussion on the notion of reform in Islam, began in the previous chapter, by addressing the question: what reform do we mean? It argues that the reform intended questions the established geography of the fundamentals of Islamic usûl al-fiqh as well as the limited—and sometimes counter-productive—implementations of contemporary tajdîd and islâh. It is an appeal to reconsidering the sources through their necessary reconciliation with the world, its evolution, and human knowledge. Thus, reconciling conscience with science is imperative.
3 Imam ash‐Shâfi' î: The Deductive Approach
Authors: Ramadan Tariq 
Published: January 2009

Abstract
This chapter focuses on Imâm ash-Shâfi'î. Imâm ash-Shâfi'î developed a definition of Islamic law and jurisprudence (fiqh), which became a reference for specialists over and above the differences between legal schools. He set out to provide a methodology regulating the extraction of rules, determining typologies and the different levels of semantic expression, as well as a categorization of rules and injunctions taking into account their mode of exposition and their substance. This represented the birth of a new and foundational science: usûl al-fiqh, the fundamentals of law and jurisprudence, and ash-Shâfi'î's seminal work stands out as a turning point in the history of Islamic law.
4 The Hanafî School: The Inductive Approach
Authors: Ramadan Tariq 
Published: January 2009

Abstract
This chapter focuses on Imam Abû Hanîfah. Abû Hanîfah was one of the most eminent scholars in the Iraqi legal tradition and among the advocates of opinion (ahl ar-ra'). He did not write any synthesis of his own thought and methodology. It was through his pupils that the bulk of his production as well as information about his method came down. His production in the field of fiqh focused on the practical aspect, the ramifications of law (furû'), and asked detailed secondary questions. His method, insisting on confronting human realities, naturally led him to produce detailed, pragmatic answers. These answers served as a basis to elaborate the inductive method of Hanafî scholars.
10 Elaborating an Applied Islamic Ethics
Authors: Ramadan Tariq 
Published: January 2009

Abstract
This chapter shows how the new geography of the sources of law, and its consequences for spheres of authority, can take concrete shape in Muslim societies and communities, and particularly in the circles specializing in fiqh and ethics. This reform is deeply “radical” since it entails reconsidering the sources of the fundamentals of law and jurisprudence, rebalancing them, and necessarily shifting the center of gravity of authority in Islam. However, it springs from a no less fundamental desire to be faithful, and it would be wrong and contradictory to consider it as nothing but a way of projecting an a posteriori ethical apparatus on the scientific Universe with the declared or tacit intention of taking hold of it. The chapter also responds to criticisms for the book's author7s so-called desire to “Islamize modernity” rather than “modernizing Islam”.
11 Islamic Ethics and Medical Sciences
Authors: Ramadan Tariq 
Published: January 2009

Abstract
This chapter explores Islamic ethics within the context of medical practice. It discusses medical code of ethics in the Muslim world. It addresses issues such as contraception and abortion, euthanasia and organ transplantation, and AIDS. It shows that nothing in the Islamic Universe of reference opposes the emergence of new, dynamic, up-to-date discussion. Fuqahâ' and physicians have often proceeded hand in hand and developed appropriate, reasonable answers about faithfulness to ethical outcomes.
13 Women: Traditions and Liberation
Authors: Ramadan Tariq 
Published: January 2009

Abstract
This chapter focuses on Islamic discourse about women. It shows that a new feminine conscience or, more broadly speaking, an understanding of the issues linked to the question of women has emerged in Muslim-majority countries and Muslim communities around the world. Women and men have taken full measure of the problems facing contemporary Muslim societies and have decided to address the issue directly, by stating first of all that there was clearly a problem in the way texts about women were approached and, consequently, in the general Islamic discourse and the concrete implementation of its teachings.
14 Ecology and Economy
Authors: Ramadan Tariq 
Published: January 2009

Abstract
This chapter examines Islamic thought on ecology and the economy. It argues that the reform of human realities, mind-sets, understandings, and societies requires a broad view of what the problems are and becoming involved on several levels. But when construing contemporary Islamic thought, it is strangely absent from some contemporary essential debates, or, at least, lagging far behind developments. This is most evident in matters related to the economy and ecology: an earnest, realistic ethical thought cannot approach either of them in isolation, and one must not fail to note all the necessary conclusions and all the concrete consequences that such a combined approach leads to in either field of activity.
7 Rediscovering the Brain
Authors: Clark Andy 
Published: January 2009

AbstractThis chapter examines the role of the biological brain. It considers a number of worries about recent appeals to embodiment, embedding, and cognitive extension—all of which take as their points of departure the incontrovertible fact that we are very smart indeed and the (only slightly more controvertible) fact that the brain is where the major smarts start. It addresses the question of whether work that stresses embodiment, embedding, distributed functional decompositions, and the well-groomed cognitive niche systematically distort the role of the biological brain. It is argued that attention to embodied, embedded, and extended cognition provides the essential lens through which to appreciate the startling power and elegance of the neural machinery, observed at home in its proper ecological setting.
9 Disentangling Embodiment
Authors: Clark Andy 
Published: January 2009

AbstractEmbodiment appears to matter for mind and cognition in three ways: spreading the load, self-structuring information, and supporting extended cognition. The three threads are joined by the supporting hypothesis of cognitive impartiality: Our problem-solving performances take shape according to some cost function or functions that, in the typical course of events, accord no special status or privilege to specific types of operation (motoric, perceptual, introspective) or modes of encoding (in the head or in the world). This chapter argues that these appeals to embodiment, action, and cognitive extension are best understood as fully continuous with computational, representational, and information-theoretic approaches to understanding mind and cognition. In so doing, it attempts to display at least something of the likely shape of a mature science of the embodied mind.
10 Conclusions: Mind as Mashup
Authors: Clark Andy 
Published: January 2009

AbstractThis chapter presents some concluding thoughts. It argues that work on embodiment, action, and cognitive extension likewise invites us to view mind and cognition in a new and illuminating manner. The human mind emerges at the productive interface of brain, body, and social and material world. Unravelling the workings of these embodied, embedded, and sometimes extended minds requires an unusual mix of neuroscience, computational, dynamical, and information-theoretic understandings, ‘brute’ physiology, ecological sensitivity, and attention to the stacked designer cocoons in which we grow, work, think, and act.
Introduction: Democracy and Institutional Design
Authors: Vermeule Adrian 
Published: January 2009

Abstract
This introductory chapter begins with a discussion of institutional design writ small. It considers the mechanisms of democracy, and proposes mechanisms that advance four core values of democratic constitutionalism: impartiality, accountability, transparency, and deliberation. The chapter then discusses the advancement of democratic values, disagreements about democratic values, the limiting conditions for democratic mechanisms, and the feasibility constraints on democratic reform. An overview of the subsequent chapters is presented.
Submajority Voting Rules: Forcing Accountability
Authors: Vermeule Adrian 
Published: January 2009

Abstract
Legal and political theories have focused on supermajority rules, which require a fraction of votes greater than 1/2+1 to change the status quo, and thus empower a minority to block change. This chapter considers the opposite deviation from simple majority voting — submajority rules — under which a voting minority is granted the affirmative power to change the status quo. Institutions use submajority rules only for preliminary and procedural questions, and to set agendas — for voting on the question of which issues are to come up for a substantive vote by simple or special majorities. Submajority rules enable minorities to force public accountability and a kind of transparency upon majorities.
Optimizing Transparency: The Budget Process
Authors: Vermeule Adrian 
Published: January 2009

Abstract
This chapter analyzes transparency in the setting of the national budget process in the United States Congress. It argues for selective transparency, in which some decision-making processes are opaque, and in which some information is disclosed to some constituents at some times but not to others at other times. It suggests that selective transparency should be instituted through a regime of delayed disclosure of legislators' actions, to promote sound legislative deliberation and to liberate legislators from undesirable accountability to narrow interests.
Conclusion: Institutional Design as a Going Concern
Authors: Vermeule Adrian 
Published: January 2009

Abstract
This chapter presents some concluding thoughts from the author. It argues that institutional design, writ small, is a going concern. The gaps in the standing design leave space for improvement at the margins, but there are usually alternative improvements to be debated, and questions about what would count as an improvement. Democrats with different views can deliberate and decide together about what democracy permits or requires in particular contexts, even if they lack a full account of what democracy entails.
Teaching Death and Dying
Authors: Moreman Christopher M 
Published: January 2009

Abstract
The academic study of death rose to prominence during the 1960s. Courses on some aspect of death and dying can now be found at most institutions of higher learning. However, these courses tend to stress the psycho-social aspects of grief and bereavement, ignoring the religious elements inherent to the subject. This book addresses the teaching of courses on death and dying from a religious studies perspective. The book is divided into seven sections. The hope is that this book will help to unify a field that is now widely scattered across several disciplines.