bluuebunny/crossref_metadata_2025_split huggingface dataset:
Introduction
Authors: McAlevey Jane F. , Lawlor Abby 
Published: March 2023

Abstract
This introductory chapter looks into negotiations as a tool for democracy building. It considers changing existing union strategies by focusing on the collective bargaining process. The labor movement presents some of the best insights for other social movements into how to negotiate effectively because negotiations are a regular feature of union life. Since negotiations between employers and unionized workers are shrouded in secrecy, the chapter suggests how negotiations can operate differently from the norm, especially when unions need to prepare themselves for a different kind of fight. It considers how the mechanisms for creating a high-participation union transform the process of negotiations in favor of the workers.
Radical Roots (MNA)
Authors: McAlevey Jane F. , Lawlor Abby 
Published: March 2023

Abstract
This chapter explicates how the Massachusetts Nurses Association (MNA) used collective bargaining as a tool to strengthen rank-and-file leadership within their union and keep Greenfield’s strong labor tradition alive. It acknowledges Greenfield played a central role in the growth of American manufacturing during the early twentieth century. The nurses had won contract language that incentivized hiring more staff in 2012, but the enforcement of the contract took effect in 2017. Even though Baystate Franklin nurses had won huge staffing improvements at their hospital, the issue remained a priority for MNA statewide. The chapter explains the result of years of relationship-building between nurses and their community was evident in the election result after the MNA was outspent statewide by the Massachusetts Health and Hospital Association, an industry association led in part by Baystate Health that wanted to fight against nurse unionization.
Grounding the Unreal
Authors: deRosset Louis 
Published: March 2023

AbstractThis chapter addresses the sort of objectivity which is characteristic of realism. More particularly, this chapter concerns how to distinguish between truths that say how objective reality is in itself, quite independently of us, and truths that do not. A form of conciliatory irrealism holds that there are truths of the form 'there are Fs' even though there are no Fs in reality; so, for instance, a moral irrealist of this sort might admit the existence of moral truths while denying that there are any moral facts in reality as it is in itself. This doctrine is difficult and obscure. Surprisingly, the theory of grounding turns out to be useful in understanding the idea. A ground-theoretic articulation of conciliatory irrealism is offered and its adequacy is discussed. In particular, a battery of characteristic commitments of conciliatory irrealism is described and used to develop ground-theoretic methods for assessing the irrealist's claims.
Beyond Deviant Damsels
Authors: Kilday Anne-Marie , Nash David 
Published: March 2023

Abstract
This book challenges the prevailing historiography of female criminality in nineteenth-century Britain which is currently dominated by stereotypes. In doing so it questions the construction of these and produces a much more nuanced reading of women’s criminality which does not crudely categorize or essentialize their behaviour. This approach has implications for the history of crime, behaviour, and gender in the nineteenth-century history and historiography of other societies. The micro histories in this work challenge conventional perceptions and stereotypes of female criminality created both by male crime historians and historians of gender studies. Every chapter in this new book examines one (or sometimes more) of these assumptions about how women commit crimes such as murder, infanticide, robbery, blasphemy, theft, and sexual misbehaviour. Women emerge from these instances as being more autonomous individuals, whose behaviour around criminality really does not warrant classification as either homogeneous, nor should be generally characterized as making them passive accessories to criminal action. Moreover, the suggestion that they display quintessentially ‘feminine’ approaches to the committal of crime or the contemplation of poor behaviour is shown to be overstated and even questionable. Women thus display motivations, assumptions, and actions much closer to those of men than has been previously been considered or portrayed. This has implications for seeing a range of historiographies (gendered criminality, politeness, separate spheres, and civilizing processes) as constructions that have conceivably been adopted too readily and too hastily.
From the Handmaidens of Prometheus to the Heirs of Hypatia
Authors: Kilday Anne-Marie , Nash David 
Published: March 2023

Abstract
This chapter reassesses women’s involvement in ideological ‘crimes of the mind’ to also give a new appraisal of women’s involvement in nineteenth-century radical dissident activity. Going beyond the idea of women seeking gendered solutions to the politics of gender relations, the chapter investigates the phenomenon of female blasphemers in nineteenth-century Britain. Women radicals such as Susannah Wright, Matilda Roalfe, and Jane and Mary Anne Carlile all stood trial, were found guilty, and were imprisoned for blasphemy. The activism of these women is also shown in stark contrast to some received forms of historiography of women’s role in radicalism, religious piety, and self-education. Their own non-gendered critiques of religion’s pernicious influence similarly undermine the separate spheres paradigm, as well as significant historiography that seeks to promote the gender component of women’s radicalism as being uppermost and the dominating factor. These women considered themselves atheists, philosophes, radicals, citizens before they were uniquely and differently women. This revisits the narrative of the enlightenment, and in particular, the reverence for reason that this unleashed; becoming a subculture with universalist ideals that many influential women subscribed to. Ultimately the chapter concludes by suggesting that we also discover women as important reading publics within radical circles and radicalized into freethought in exactly the same way that men were. Thus, attempts to gender radicalism and its responses need to assimilate women as non-gendered enlightened philosophes alongside men.
Desperate, Desirous, or Devious?
Authors: Kilday Anne-Marie , Nash David 
Published: March 2023

Abstract
Theft has been characterized as the quintessential female crime of the nineteenth century. By and large a very significant portion of those charged with this crime were women, which has led historians to characterize women’s approach to theft as obviously linked to their gender. This has explained women’s involvement in crime as a species of uncontrolled avarice, something that has lived on into the historiography of later shoplifting. The subordinate and marginal status of women has also produced a polar opposite archetypal female offender stealing to stave off destitution and hunger. This chapter looks at a number of Welsh cases involving women stealing items both essential and otherwise between 1800 and 1825, challenging these essentializing ideas. In the main these women were indicted for stealing things they did not need, but would clearly and distinctly know the value of. As such they made a calculated judgement about what the item was worth and most likely stole directly for financial gain. This foregrounds women as participants in a dark/black economy not wholly born of necessity and alongside male criminals. Likewise, they also serve as an antidote to the coquettish victims of envy and temptation that we too readily meet in the existing historiography.
‘Tigerish in their Ferocity’ and ‘Traitors to their Sex’?
Authors: Kilday Anne-Marie , Nash David 
Published: March 2023

Abstract
This particular chapter interrogates a host of features that run counter to prevailing arguments about women’s criminality offered by some historians. These portray women as passive accomplices who lack agency in the committal of violent crime, alongside suggestions that women avoid the arduous or unsavoury tasks in the pursuit of such violent crime. The chapter relates a case which demonstrates the hitherto neglected level of agency displayed by some women in the plotting and execution of crime, and the potential role for men to adopt the relatively subordinate role of accomplice. This chapter examines a case from Glasgow in 1853 where three women and one man were indicted for robbery and murder. When the evidence emerged in court it appeared that the women were culpable in seeking to lure and entrap the victim so that they could rob him. They then disposed of his body with the help of male accomplices and then sought to deliberately fabricate that he had been the unfortunate victim of an accident. This sequence of events, the motivation and actions of the women involved, and the role of male accomplices serves to offer alternative evidence for how women approached and conducted themselves in the committal of violent crime.
Introduction
Authors: Alter Torin 
Published: March 2023

Abstract
Here I introduce the knowledge argument and outline the book. I start with a brief explanation of the argument. Then I provide historical background. Then, following Chalmers, I divide the argument into three main steps. In step 1, the Mary case is used to establish a physical-phenomenal epistemic gap. In step 2, that epistemic gap is used to establish a corresponding modal gap. In step 3, that modal gap is used to establish a corresponding ontological gap such that physicalism is false. I then explain the reasoning underlying each of those steps. Then I refine the argument. Finally, I summarize the chapters.
The Phenomenal Concept Strategy and Chalmers’s Dilemma
Authors: Alter Torin 
Published: March 2023

Abstract
This chapter discusses the phenomenal concept strategy, which explains the epistemic gap in terms of special features of phenomenal concepts, rather than in terms of properties those concepts pick out. Chalmers argues that any such explanation of the epistemic gap either fails to explain our epistemic situation with respect to consciousness or cannot itself be explained in physical terms. He concludes that the phenomenal concept strategy cannot succeed. The chapter defends Chalmers’s argument against a detailed response by Balog. And it argues that his argument extends to three strategies related to the phenomenal concept strategy: one by Howell, one by Prinz, and one by Kirk, Montero, and others.
Consequences of Social Externalism
Authors: Alter Torin 
Published: March 2023

Abstract
This chapter considers an objection to the knowledge argument based on social externalism, on which one can possess a concept in virtue of relations to one’s linguistic community. Ball and Tye argue that social externalism undermines the new-concepts thesis that Mary acquires phenomenal-color concepts when released—a thesis often invoked by proponents of the phenomenal concept strategy and proponents of the knowledge argument. In response, I argue that the new-concepts thesis can be replaced with a thesis about mastering, rather than acquiring, phenomenal concepts. And I defend that argument against criticisms advanced by Ball and Rabin.
Conclusion
Authors: Alter Torin 
Published: March 2023

Abstract
The chapter summarizes the book’s main conclusions. The main conclusion is that the knowledge argument is sound. All three of the argument’s main steps are prima facie plausible, and they hold up well to scrutiny. Some strategies for resisting them fail to adequately account for the dramatic change in Mary’s epistemic state after she leaves the room and sees colors. Other strategies merely relocate the original problem. Still other strategies at best reveal problems in certain ways the knowledge argument has been formulated and do not threaten more nuanced formulations. The remaining strategies run into equally serious problems—problems that are not avoided either by combining different objections or by rejecting the conceptual apparatus in terms of which the argument has been formulated. The knowledge argument is significant. It refutes all structuralist theories, including all standard versions of physicalism. Combining the knowledge argument with plausible assumptions leads to Russellian monism. But what form Russellian monism should take is left open.
Multiculturalism, Nationalism, Pragmatism
Authors: Desautels-Stein Justin 
Published: March 2023

Abstract
Chapter 8 turns to contemporary structure of postracial xenophobia in international law. It argues that postracial xenophobia is a function of three intellectual currents. The first is the alliance between human rights and multiculturalism. The second is a functionalist defense of nationalism. The third is transformation of neoliberalism into pragmatic liberalism.
Sex and Sensibility
Authors: Bergelson Vera 
Published: March 2023

Abstract
Vera Bergelson’s chapter is part of the discussion about how to conceptualize consent. Should definitions in criminal laws be based on the notion of attitudinal consent or on the notion of performative consent? Bergelson defends the attitudinal model of consent, which defines consent as a subjective state of mind. She argues that it would be unfair to punish someone as a sex offender if the other person in fact wanted the sexual act, and that such statutes are not only over-inclusive but also paternalistic. Comparing the outcomes under the two models, she argues that laws based on an attitudinal model are equally well suited to target sexual misconduct and to protect potential victims. She concedes that performative elements may play an important evidentiary role in criminal proceedings and outside of criminal justice, that is, for educational purposes.
What Does ‘Consent’ Mean?
Authors: Schulhofer Stephen J 
Published: March 2023

Abstract
Stephen Schulhofer here addresses the foundational question what sexual consent means, that is, whether the inner mental state or observable behaviour matters. He begins with a survey of current American law and the discussions about the reform of the Model Penal Code, describing that little consensus on the meaning of consent can be found in positive criminal laws. In his own normative analysis, he defends the performative model against the alternative of attitudinal consent. From this starting point, it needs to be decided which kind of message is relevant: absence of ‘no’ or expression of ‘yes’? Schulhofer defends a contextual affirmative consent model, arguing that affirmative consent does not necessarily require verbal expression and that silence and inaction, depending on context, can be part of the relevant observable conduct.
Presuming Non-consent to Sex in Cases of Incapacity and Abuse of Position
Authors: Green Stuart P 
Published: March 2023

Abstract
Stuart Green addresses a set of foundational issues that need attention before criminal laws are drafted. Sexual acts can be presumed to be non-consensual if the victim lacked the capacity to give consent, for instance due to mental disability or intoxication, or if he or she was in subordinate position in relation to the offender. Even if approval was expressed, under these conditions it might not amount to normatively valid consent. Green emphasizes the potential conflicts between positive sexual autonomy and negative sexual autonomy that make it difficult to determine the threshold for criminal liability. With regard to conditions such as mental disabilities and intoxication, he argues for a case-by-case analysis. He also analyses the abuse of position doctrine and points out that one should distinguish between different rationales, one of them being the prevention of corruption.
The Swedish Move Towards (In)Voluntariness
Authors: Lernestedt Claes , Kagrell Marie 
Published: March 2023

Abstract
Claes Lernestedt and Marie Kagrell discuss the new sexual assault law in the Swedish Criminal Code, which was introduced in 2018. The authors scrutinize this most recent reform against the background of broader developments in Sweden that had gradually expanded the scope of sexual offences. In the new version of sexual assault law, the term ‘not participating voluntarily’ is of central importance. Lernestedt and Kagrell speak of an ‘umbrella concept’, which is complemented in the Swedish Criminal Code with a description of circumstances that rule out consent. The authors explain that Swedish law relies on the attitudinal model of consent. In deviation of traditional approaches to mens rea that require intention for all sexual offences, the Swedish Criminal Code now also contains the separate offence of negligent sexual assault and negligent rape.
Article 213 of the American Law Institute’s Model Penal Code
Authors: Murphy Erin 
Published: March 2023

Abstract
Erin Murphy explains the revision of sexual assault law in the American Law Institute’s Model Penal Code, finalized in 2022 after ten years of controversial debates. The chapter begins with an overview of contemporary laws in US jurisdictions, which show substantial diversity. She describes the revision process within the American Law Institute, in which she participated as Associate Reporter along with Stephen Schulhofer as Reporter, and outlines key provisions and distinguishing features of the revised code. Murphy also identifies and explains four innovative provisions, three addressed to vulnerable victims and one to a new defence of permission to use force. The chapter also explores five areas of controversy that arose during the drafting process: the definition of the covered sexual acts, the definition of consent, the applicable mental state, and provisions addressed to sleeping and intoxicated persons.
A Comparison of Sexual Assault Laws and Some Advice for Law Reform
Authors: Hörnle Tatjana 
Published: March 2023

Abstract
The concluding part maps differences and similarities in the six jurisdictions under study. Tatjana Hörnle observes that the intensity of public interest and political controversies about sexual assault laws have grown over time. Regarding the preferred models of consent, the attitudinal model still is dominant; only the new Spanish law has introduced a clearly performative understanding of consent. The general structure of sexual assault laws also shows interesting differences, for instance, regarding the definitions of sexual acts, the use of presumptions and the detailedness of aggravating circumstances. Hörnle also points out different approaches to mens rea and defendants’ errors: while some countries still rely on traditional notions that accept even the most unreasonable and reckless errors as reasons to negate any criminal liability (Germany and Spain), Swedish law now has introduced the offence of grossly negligent sexual assault for such cases. The last section deals with future law reform in countries that have not yet done the step towards modern sexual assault laws but consider to do so. Hörnle argues that politicians and law-makers need to pay more attention to the foundations of sexual offence laws, particularly the unavoidable choices regarding the concept of consent and the balancing of negative and positive autonomy. The chapter ends with reflections regarding the structure of thinking about law reform and the proposal to proceed in eight discrete steps when drafting new versions of sexual assault law.
Introduction
Authors: Cananea Giacinto Della 
Published: March 2023

AbstractThe introduction has three purposes. First, it explains that the book has two main themes. The first is the Austrian codification of administrative procedure. The second is the spread of Austrian ideas and institutions to some neighbouring countries. Another important purpose is to clarify that, once it becomes clear that the traditional view according to which administrative law is a sort of national enclave has many weaknesses, we cannot content ourselves with describing the spread of Austrian ideas and institutions in terms of ‘influence’. The concept of ‘diffusion’ looks more promising and is, therefore, used as a working hypothesis, to shed light on the emergence of a cluster, including Austria and some of its closest neighbours. Lastly, some considerations on issues of methodology, including the relationship between history and legal comparison and the criteria for selecting the legal systems are included in the analysis.
The Austrian Model and the Codification of Administrative Procedure in Liechtenstein
Authors: Schädler Emanuel 
Published: March 2023

AbstractIn the form of a country report for Liechtenstein, this chapter deals with the codification of the administrative (complaints) procedure in the 1922 Landesverwaltungspflegegesetz (LVG). Its framework of the newly enacted Constitution of 1921 is highlighted, as are the historical circumstances in Liechtenstein at that time. In particular, the drafting of the LVG by Wilhelm Beck—which has not been completely clarified to this day—using Austrian preliminary drafts for administrative procedure laws from the time before the First World War is discussed. Beck’s legal–political world of ideas was dominated by the Rechtsstaat and was also subject to Austrian influences such as Hans Kelsen’s from a theoretical point of view. The provisions of the LVG are therefore presented primarily from the perspective of legal protection in the Liechtenstein Rechtsstaat: legality, the right to a hearing, the requirement to give reasons, the right to appeal, remedies, and levels of appeal (with the newly established courts of the Verwaltungsbeschwerdeinstanz and Staatsgerichtshof), etc. These provisions are also applied to concrete case studies. In conclusion, we find explanations of the Austrian influence through the involvement of Austrian civil servants and judges in Liechtenstein (eg Josef Peer), in addition to the various connections between the national administration and the Princely Court Chancellery in Vienna.
The Habsburg Empire, the Austrian Republic, and the League of Nations
Authors: Mannoni Stefano 
Published: March 2023

AbstractThe Habsburg Empire has been for too long neglected as an outdated survivor of a mediaeval heritage. The Austrian republic, which took its place in 1919, does not fare much better, depicted as a meaningless creation of the Treaty of Versailles. Both judgements are hasty to say the least. The code of administrative procedure drafted in 1925 provides wide evidence of the influence both experiences had on the newborn states built around the principle of nationality, ranging from Yugoslavia to Poland. On one side, the legacy of the Habsburg Empire was not lost in 1919; on the other, the Austrian republic found a tough but effective partner in the League of Nations, which exerted all its leverage to impose the streamlining of administrative procedure in Vienna. This is why not only is it worth researching this period, but it is a necessary step to gaining an insight into the roots of contemporary administrative law.
Carl Sandburg
Authors: Gill Jo 
Published: March 2023

Abstract
Noting that Carl Sandburg’s poetry has fallen out of favor in the decades since the publication of his exhilarating Chicago Poems (1916) and his expansive Good Morning, America (1928), this chapter reappraises his poetry with an eye to its nuanced engagement with Chicago’s distinctive architecture and draws attention to his influential relationship with architect Frank Lloyd Wright. Sandburg’s poetry emphasizes modern architecture’s materiality and is attuned to the social and labor relations that produced it and determined its use. However, as the chapter shows, it is only by bringing the work of contemporaries such as Langston Hughes and fellow Chicago poet, Gwendolyn Brooks, into the discussion, that poetry’s full potential to render the complexities, and inequities, of urban architectural experience comes into view.