bluuebunny/crossref_metadata_2025_split huggingface dataset:
Weaponized Images of Roman Virtue and Vice
Authors: de Beer Susanna 
Published: January 2024

Abstract
Chapter 3 starts by explaining how the papal claims to the imperial legacy of Rome were also legitimized with a claim to the moral legacy of Rome, triggering positive images of Rome as the City of Virtue by means of a narrative of moral reform. The chapter then examines the way in which “outsider” parties exploited negative counter-images of Rome as the City of Vice to undermine these claims, and how they used linear templates to suggest virtus romana (Roman virtue) had moved elsewhere. The chapter argues that the focus on Rome’s morality as foundation for political and religious authority, and the rhetorical uses of image and counter-image in claiming and contesting this authority, sharpened the divide between insiders and outsiders. Not only distinguishing more radical reformers from those who upheld the Roman church, it also deepened the divide between Italy and Northern Europe, regions that were also driven apart in the cultural domain. This chapter enters into discussion with scholarship on early modern (proto-)nationalist identities and tries to bridge the divide that is still visible between scholarship on Renaissance Rome and Italy until the Sack of Rome (1527), on the one hand, and on Reformation Europe, on the other.
The King’s Three Bodies
Authors: Sax William S. 
Published: January 2024

Abstract
This chapter focuses on the central figure of the book, King Karna. As king, Karna embodies the first and most important of Kautilya’s “seven limbs” of the Indian state. He is a multi-faceted being: sometimes a king, sometimes an ascetic jogi, and sometimes a brahman oracle. He is a king when he settles disputes, makes rain, and defends his realm. He is a jogi because he is poor, covered with ash, and disinterested in worldly matters. He is a brahman because the body of the oracle that he regularly “possesses” is that of a brahman; moreover, he advocates certain reforms in diet and marriage that can be regarded as “brahmanical.” But these three bodies are not mutually exclusive, and who Karna is depends upon what he does. Inspired by the work of Hacking, Mol, and others, this chapter engages with the “ontological turn” by arguing that Karna’s being is in large part a consequence of his practice, and not simply a matter of representation.
A Treasury of Honor
Authors: Sax William S. 
Published: January 2024

Abstract
Like Chapter 5, this chapter is based on a local folk ballad, of which it provides a translation and a phonetically accurate transliteration. The ballad has to do with a pastoral feud, and this chapter uses it to show, not only that the geographical determinism of many students of pastoralism is false, but also that their frequent use of “rational choice” theory to explain pastoral economies is deeply flawed. The chapter argues instead that, in this region at least, the traditional local pastoral economy had at least as much to do with the warriors’ concept of “honor” as with an increase in capital, and that therefore, rational choice theory does not help much in understanding the pastoralists’ world.
The Ally
Authors: Sax William S. 
Published: January 2024

Abstract
This chapter focuses on Pokkhu devtaa, a local god of demonic origin, who is very widely worshiped—and feared—due to the power of his curse. His temple is close to King Karan’s temple and they cooperate very often, and on many levels. That is why he is, following Kautilya’s scheme, referred to as “the ally.” By means of two ethnographic vignettes—one having to do with a failed séance and the other with a successful one—this chapter shows how the powers of local gods in this region are dependent upon the actions of their human subjects, a fact that is regularly confirmed by the gods themselves, speaking through their human oracles.
Introduction
Authors: Joyce Richard 
Published: January 2024

Abstract
This introduction presents a general characterization of fictionalism as a type of theory that proposes to remove problematic ontological commitment from a discourse via modeling it in some respect on familiar fictional engagement (e.g., reading novels, acting, etc.). The focus is on two well-known types of fictionalism: moral fictionalism and religious fictionalism. A fictionalist of the hermeneutic variety claims that the target discourse (in this case, morality or religion) is already sufficiently similar to familiar fictional talk that the offending ontological commitments are in fact only apparent. A revolutionary fictionalist, by contrast, claims that the extant discourse really is in error, but offers fictionalism as an alteration that could be made to thought and speech so as to remove these errors. This introduction discusses the hermeneutic and revolutionary fictionalist projects in turn, outlining challenges for each and identifying some common misunderstandings. The thirteen chapters of this collection are then summarized sequentially.
Religious Fictionalism
Authors: Scott Michael 
Published: January 2024

Abstract
Can one engage in the practices and language of a religion, gaining the moral, psychological, and social benefits of religious participation, without having religious beliefs? So argue religious fictionalists. This chapter focuses on revolutionary religious fictionalism and sets out ways of formulating and defending the position as well as the main challenges. Two difficulties for fictionalism are explored in detail: the problem of taking advantage of the participatory benefits of religion without some kind of deceit, and evidence of assertoric religious discourse where speakers are not committed to having religious beliefs, making revolutionary fictionalism redundant. These problems work in combination: the most promising contexts in which religious fictionalism can be advanced without raising worries about deceit tend to be those in which participation is already unencumbered by metaphysical commitments. The chapter concludes by considering the prospects of a restricted religious fictionalism, finding historical precedent in the apophatic and mystical tradition.
Maoism and the costs of Indigenous subaltern citizenship
Authors: Basu Ipshita 
Published: January 2024

Abstract
Chapter 5 explains the contested social, economic, and political roots of the Maoist conflict in Jharkhand. The chapter interrogates the positioning of the Adivasis as ‘Maoist sympathizers’, showing empirically that the influence of the Maoists in caste- and tribe-dominated areas of Jharkhand have been very different, and that the relations between Maoists and Adivasis, as well as between Maoists and other marginalized citizens, have been strained. After explaining how the Maoists entered Jharkhand and the various counter-insurgency operations across the region, the chapter evaluates the impact of the conflict on Indigenous subaltern citizenship and the emerging movements aiming to reclaim constitutional rights.
Conclusion
Authors: Basu Ipshita 
Published: January 2024

Abstract
The final chapter concludes by explaining why expressive partisanship underpins the significance that Adivasis (and the coalition of marginalized groups with which they work) attach to political representatives from their co-ethnic backgrounds. Referring to the recent appointment of India’s first Indigenous woman president, Droupadi Murmu, the chapter explains that while people who identity as Adivasi know there are structural limits to what co-ethnic political leaders can do in higher rungs of government, they feel that the presence of such a leader asserts positive group standing and lends them social capital to deal with their everyday struggles. This leads into a discussion of what citizenship means for Indigenous subalterns embedded in unequal justification relations. The chapter unpacks relationality as the premise of alternative Indigenous citizenship beyond land sovereignty, showing how relations between different marginalized communities, across different scales of government, and between national and transnational civil society are the substance of the politics of recognition.
Augmenting Infrastructure Financing—Brownfield Asset Monetization and Value Capture Finance
Authors: Pratap Kumar V , Gupta Manshi 
Published: January 2024

Abstract
The chapter discusses some of the new initiatives for augmenting infrastructure financing. One of them is brownfield asset monetization to enable funding more greenfield infrastructure. Some of the vehicles used for brownfield asset monetization are the Toll-Operate-Transfer (TOT) model and Infrastructure Investment Trusts (InvITs). The risks faced by infrastructure projects are considerably reduced over the project lifecycle from construction to operation stage, as issues related to land acquisition and environment and forest clearances are addressed at the construction stage. Therefore, operational projects (brownfield infrastructure) may be able to attract finance from institutional investors consisting of pension, insurance, and sovereign wealth funds. The chapter also includes a case study of IndiGrid, which is India’s first power transmission InvIT. The chapter discusses another infrastructure financing vehicle, Value Capture Finance. This is associated with internalizing the externalities generated by large public investments like in metro rail to improve the financial viability of these projects. Metro-rail financing in India and lessons that can be learnt from Hong Kong metro for sustainable financing of metro-rail projects are also discussed.
A Genealogy of Private Law Epistemologies
Authors: Auer Marietta 
Published: January 2024

Abstract
The chapter develops a genealogy of the epistemological paradigms present in private law scholarship since the nineteenth century. It identifies a recurring pattern of three epistemic pathways to legal knowledge, namely the normative, descriptive, and analytical methods. These paradigms have emerged in various combinations since 1800. In particular, they have shaped three methodologically pivotal phases of private law scholarship: the German Historical School prevalent in the first half of the nineteenth century, the analytical scientism of the late nineteenth and early twentieth centuries, and the turn to the ‘conflicting considerations’ mode of legal argument and the ‘jurisprudence of values’ in the second half of the twentieth century. Based on these historical findings, the chapter describes the three epistemic pathways as concurring and recurring models of private law methodology and shows that there is no one ‘right’ methodological approach to private law.
Exploring the Paradigms of Private Law
Authors: Croon-Gestefeld Johanna 
Published: January 2024

Abstract
The chapter sketches an approach referred to as ‘exploring legal paradigms’. The approach examines legal reasoning by focusing its attention not on the explicitly given arguments as in doctrinal analysis, but rather on the paradigms underlying legal argumentation. As will be explained in the chapter in greater detail, the term paradigm stands for methods, techniques, principles, commonly shared attitudes, basic beliefs, and value judgments within an academic community. It is argued that the proposed approach can help to make hidden assumptions about the law more visible, reveal the extent to which path dependencies have an impact on the evolution of jurisprudence and heighten awareness of the fact that discursive practices and stylistic choices have influence over the perception of the topic at hand.
When Private Law Theory is Close Enough
Authors: Gold Andrew S. 
Published: January 2024

Abstract
Private law theorists often adopt concepts that are a close, but imperfect, fit for the concepts actually used in the law. Such theorists employ concepts that diverge moderately from the legal concepts courts themselves employ. In other cases, theorists may match the law’s concepts as a legal matter, but they employ concepts that diverge moderately from the concepts found in moral reasoning. Such theories diverge to some degree from the moral understanding, but they are still ‘in the right ballpark’. This chapter assesses the value in legal theories that come close to a set of target concepts, but which are not quite a fit for them.
In Defence of Ambiguity
Authors: Augsberg Ino 
Published: January 2024

Abstract
The aim of classical legal methodology is to obtain unambiguous answers to clearly defined legal questions. However, a closer look shows that this goal is not only missed de facto, but also de iure. The law itself contains concepts that undermine its own disambiguation. This perspective could also provide a different view of the contrast between so-called ‘realist’, i.e. empirical understandings of law and more formalistic or dogmatic approaches. Traditionally, formalism is supposed to enable the coherence of the law towards the outside world, thus ensuring internal consistency. However, the formalist claim may also serve another function. It could also be used as an instrument to preserve the internal ambiguity of the law by protecting it from imported false certainties. Conceived in this way, formalism itself appears as an ambiguous figure.
Formalism, Legality, and the Rule of Law
Authors: Miller Paul B. 
Published: January 2024

Abstract
This chapter examines the relationship between formalism, legality, and the rule of law. It argues that legality and the rule of law imply the formality of law and deliberatively formalistic engagement with the guidance it supplies. Should a case need to be made for the law’s reliance on form and its expectation of deliberative formalism, one can build it through appeal to the values advanced by the achievement of legality in comportment with rule of law baselines. However, scholarly formalists focus on interpreting the law as found and the practical reasonableness of our laws is a contingent matter, turning on more than the law’s responsiveness to the values of legality and the rule of law. The chapter thus urges awareness of the moral limits of legal form as well as the moral and methodological limits of legal formalism.
The Minimal Morality of Private Law
Authors: Kaehler Lorenz 
Published: January 2024

Abstract
Private law is frequently based on relatively simple principles. For instance, contract law thrives on the principle of upholding promises (pacta sunt servanda), while tort law is founded on the principle of avoiding harm to others (neminem laedere). These principles are both cognitively straightforward and ontologically undemanding. The chapter argues that this is not coincidental, but rather stems from the task of private law, which aims to regulate the relationships between individuals without assuming any special knowledge or consent on their part. The notion of minimal morality, often presupposed by private law, has largely been overlooked until now. Minimalism not only characterizes private law descriptively but is also justified normatively. This thesis opposes both of these positivist theories, which maintain that morality cannot influence law in any way, and anti-positivist theories, which claim that gaps in the law may be filled by all kinds of moral reasons.
The Critical Potential of Doctrinal Analysis
Authors: Krell Paul 
Published: January 2024

Abstract
The chapter deals with the critical potential of doctrinal analysis in common and civil law. Therefore, it first examines the significance and methodology of doctrinal analysis in different legal cultures. This concerns not only the application of law, but also the importance of doctrinal analysis for new legislature. In German legal thinking, doctrinal analysis is often assigned a serving function, based on which there is little room for criticism. The chapter shows the difficulties of this position. Finally, it addresses the question of what authority is given to statements based on doctrinal analysis and highlights the structural risk of wanting to implant the strict rationality standard of doctrinal analysis into the democratic process.
The Muslim Political Genre
Authors: Khatun Nadira 
Published: January 2024

Abstract
In this chapter discusses the Muslim Political genre. Towards the end of the 1980s and the beginning of the 1990s, India witnessed the forceful rise of the Hindu right-wing movement. As the foremost schema was to formulate a national identity, Bollywood began showing a monolithic depiction of the nation undermining the diverse (gender-based, religious, and cultural) identities existing in that same nation. As a result, new changes could be noticed in the Bollywood cinematic space. To create a sense of national unity at the time of Hindutva nationalism, Bollywood filmmakers were inspired to formulate ‘enemy images’ of ‘outsiders’ who were set apart as ‘Others’ using explicit ‘political signs’. The representation of Kashmir in Bollywood can be divided into two broad categories: pre-1989 and post-1989. An abrupt change in the representation of Kashmiris can be noticed from 1989 when the problem of insurgency increased. Additionally, at the time of Hindutva nationalism, in contemporary Bollywood we notice that Muslim women generate a sense of national unity by sacrificing their own people such as their husbands and brothers. The chapter also argues that these texts propagate the notion of nationalism by constructing dualistic characters: Muslim men are portrayed as a threat to the nation, whereas Muslim women are portrayed as the true nationalists who guard the homeland from the traitors such as Islamic extremists. In the last two decades, Bollywood also produced films which celebrate xenophobic right-wing ideology through representing anti-Pakistan themes. In such films, the juxtaposition of Pakistani-terrorist-Muslim was loosely done.
The Muslim Modern Genre
Authors: Khatun Nadira 
Published: January 2024

Abstract
The previous three genres (Muslim Historical, Muslim Social, and Muslim Political) identified films that dealt with the liminality of the Muslim Other in the national space by stereotyping Muslims or striving to integrate the Muslim Other into the normative Hindu self. After 2005, mainstream films shifted away from traditional depictions of Muslims as ‘enemy’ or ‘aliens’ to one in which Muslims were gradually portrayed as ‘pleasant’, ‘sensible’, and ‘secular’ human beings. The Muslim Modern genre moves away from the clichéd portrayal of Muslims in older popular films and moves towards one in which Muslims are presented as ‘good’ and ‘ordinary’ human beings who face everyday issues and challenges. This chapter looks at adopting modernity as a philosophy that implies ‘a break with tradition’ rather than a particular historical period. The chapter argues that there is a discontinuity of Muslim representational patterns in the contemporary era because the key Muslim characters are shown without the Islamicate ethos imprinted on them. Muslims are now frequently depicted as ordinary people with mundane dreams or dealing with daily issues. They do not carry any extra baggage of their religious identity but they are very often compelled to show their loyalty to the government or their innocence with regards to crimes against the state.
The Father, the Son, and the Generation of the Holy Spirit
Authors: Miller Micah M. 
Published: January 2024

Abstract
Chapter 2 studies the identity of the Holy Spirit in Origen’s thought. It offers an analysis of the three occasions at which Origen articulates the Spirit’s generation, with especial attention to Origen’s anti-Monarchian polemic. It concludes that Origen conceives of the Holy Spirit as a single independent being, who receives being and attributes from the Father and through the Son. While the Spirit is dependent on the Father and Son, the Spirit is also ranked above all other beings and distinct from them, a relationship that is affirmed by other passages in Origen’s corpus. Recognizing the Spirit’s relationship to the Father and Son not only provides an account of the generation of the Spirit, but also offers a new understanding of Origen’s trinitarian thought.
Can’t Kant Count?
Authors: Tenenbaum Sergio 
Published: January 2024

Abstract
It seems rather intuitive that if I can save either one stranger or five strangers, I must save the five. However, Kantian (and other non-consequentialist) views have a difficult time explaining why this is the case, as they seem committed to what Parfit calls “innumeracy”: roughly, the view that the values of lives (or the reasons to save them) don’t get greater (or stronger) in proportion to the number of lives saved. This chapter first shows that in various cases, it is permissible to save fewer lives, contrary to what is implied by “numerate” views. Then it argues that in the cases in which it is intuitive that we must save the greater number, Kantians (and other deontologists) can not only deliver this verdict but also explain why it is correct, without presupposing that the value of our action depends on “adding up” the values of the lives saved.
Lower Courts and Conflicts in the Village
Authors: Forster Marc R. 
Published: January 2024

Abstract
WThis chapter begins with an overview of the courts and the court records that underpin this study. All these courts shared the basic characteristics of being local, meeting frequently, and adjudicating and mediating personal disputes, property conflicts, and community tensions. A number of charts give readers a sense of the kinds of disputes each court faced. Another section lays out the punishments people faced, from fines, to shaming punishment, to imprisonment, to banishments. The second half of the chapter surveys the kinds of conflicts that plagued villages in this period. Many of the conflicts were property disputes of all kinds. But many of the conflicts that made it into court were also personal and family conflicts or political conflicts within communities. Conflicts were often violent, in word and deed. An important conclusion is that these communities were riddled with conflicts of all kinds.
Conflicts in Public Spaces
Authors: Forster Marc R. 
Published: January 2024

Abstract
Conflicts involving women (as well as young people and children) were more likely to play out in spaces other than the tavern, such as the village streets, squares, pathways, and fields. These spaces were less controlled than the tavern and thus more likely to lead to violent conflict. They were also more public and thus more problematic in an honor-obsessed society. A significant aspect of the way spaces influenced conflict was the custom of “calling someone out” of a house (or a tavern) to face an enemy. This had the effect of bringing a conflict into the public space, making any insult or violence more damaging and more likely to end up in a slander suit. Furthermore, conflicts in streets and on roads caught the attention of state authorities, who were interested in keeping such spaces safe. Finally, this chapter engages the issue of rumor and gossip, which also made conflicts more public and more likely to damage someone’s reputation or honor. The interplay of conflict, rumor, and publicity contributed to the creation of a kind of peasant public sphere, where knowledge and opinions were shared.
Conclusion
Authors: Forster Marc R. 
Published: January 2024

Abstract
The conclusion reiterates the arguments made in the book. It also looks back at the period before the Thirty Years’ War to highlight some of the historical origins of state formation from below, the role of local courts, and the interactions between the small states of the region and rural society. Developments in the century after 1650 had longer impacts, influencing the development of the larger states in the nineteenth century and a unified Germany after 1871. Honor disputes and slander suits, for example, were an ongoing aspect of the judicial system of Bismarck’s empire. Of course, it is impossible to draw a direct line from the popular participation in and support for state institutions in the century after the Thirty Years’ War to the wide German respect for administrative efficiency and bureaucratic centralization in the nineteenth and twentieth centuries. Nevertheless, the connections are suggestive.