bluuebunny/crossref_metadata_2025_split huggingface dataset:
The Legal Constitution: Legal Orders
Authors: Barber N. W. 
Published: March 2022

Abstract
The United Kingdom constitution contains multiple legal orders, and so contains multiple sets of constitutional laws. The chapter considers the nature of a legal order and identifies the differing legal orders that co-exist within the UK and examines their relationships. The existence and autonomy of the English and Scots legal orders is discussed, and the extent to which Wales and Northern Ireland can be considered to have distinct legal orders is also surveyed. The processes through which these regions became parts of the United Kingdom shaped, and continues to shape, their legal identities. The potential for further regional legal autonomy is considered.
The Political Constitution: Constitutional Conventions
Authors: Barber N. W. 
Published: March 2022

Abstract
Many of the most important rules of the UK constitution are conventions, non-legal rules, and many of the most important constitutional relationships within the UK constitution are largely determined by these conventions. This chapter examines the nature of conventions, how they emerge, why they bind, how they should be interpreted, and how they relate to law. It is argued that conventions can be as binding and as clear as laws, but that their political nature distinguishes them from their legal counterparts. This division is a soft one, however, and conventions can gain legal characteristics over time and can, on occasion, affect the content and creation of legal rights.
Courts
Authors: Barber N. W. 
Published: March 2022

Abstract
The chapter examines the structure, operation, and personnel of the courts. It explains how the structures, skills, and powers of the courts connect, and looks at the threats faced by courts—both from other parts of the constitution and from within. The chapter considers the ways in which the structure of the courts, both in terms of the courts as a system and in the internal construction of the court, shapes their roles as a dispute-resolving and law-making forum. It also considers how the tasks of the court affect the office of the judge, in terms of the processes of judicial appointment, the importance of diversity within the judiciary, and in the constitutional protections given to holders of that office.
Legislatures
Authors: Barber N. W. 
Published: March 2022

Abstract
The chapter examines the structure, operation, and personnel of the legislature. The legislature enacts laws, scrutinizes the executive, and is responsible for the appointment and support of the government. These purposes should inform the selection of its members and determine its relationship to the executive branch; the chapter examines the extent to which the present structures of the constitution meet these challenges. The vital role of political parties in enabling the operation of the legislature is considered, and the role of parties in establishing connections between voters and the legislature, facilitating the production of coherent legislation, and enabling the democratic control of the executive branch is examined.
Introduction to the Regionalisation of Power
Authors: Barber N. W. 
Published: March 2022

Abstract
States can be divided into unitary and federal forms. This chapter considers these forms, and the relationship between them. The reasons for regionalising power, primarily the constitutional recognition of national groups and the principle of subsidiarity, are examined. Whilst the UK is often presented as the paradigm of a unitary state, this presentation requires two qualifications. First, the UK consists of constituent territories, regions which have their own constitutional identities and, arguably, possess the right of exit. Second, whilst the legal form of the UK constitution may be unitary, the political balance between central government and the devolved regions may have federal aspects. Finally, the chapter identifies some of the pressures that threaten the territorial integrity of the UK.
Wales
Authors: Barber N. W. 
Published: March 2022

Abstract
Wales’ constitutional position in the United Kingdom is examined. The process by which it became part of that state is surveyed, the devolution settlement is considered, and the chapter concludes by reflecting on the capacity of Wales to exit the Union. The chapter argues that Wales’ incorporation into the Union was undertaken through conquest rather than consent. Aspects of Wales’ constitutional and national identity, in particular the Welsh language and Welsh laws, were suppressed. Following devolution, both the Welsh language and the idea of a Welsh legal order have experienced a rival, and the constitutional identity of Wales has been reinforced. The chapter concludes by considering the capacity of Wales to exit the Union.
Scotland
Authors: Barber N. W. 
Published: March 2022

Abstract
Scotland’s constitutional position in the United Kingdom is examined. The process by which it became part of that state is surveyed, the devolution settlement is considered, and the chapter concludes by reflecting on the capacity of Scotland to exit the Union. It is argued that Scotland’s entry into the Union was, at least by the standards of the eighteenth century, consensual, and, moreover, that consent was reaffirmed in the 2014 referendum. The processes through which Scotland became part of the UK have enabled it to retain a distinct constitutional identity, an identity that continues to shape Scotland’s position in the Union.
England and Elsewhere
Authors: Barber N. W. 
Published: March 2022

Abstract
The consequences of devolution for England are considered, and the parliamentary devices that mitigate the lack of English representation examined. England was not included in the 1998 devolution settlement, and, since 1998, various attempts have been made to bring some of the constitutional autonomy experienced by the other regions of the UK to the English. However, the enthusiasm for devolution in England has remained muted. The asymmetries of the devolution settlement create problems of democratic representation – the ‘West Lothain Question’ – caused by England’s governance by the UK Parliament. The chapter considers the implications and possible answers to this challenge. The chapter concludes by examining the role of subsidiarity beyond the devolution settlement.
Introduction to States and People
Authors: Barber N. W. 
Published: March 2022

Abstract
Three concepts that address the relationships between states and their people are introduced: liberty, rights, and citizenship. Under the Old Constitution, liberty was at the forefront of this relationship, whilst in the New Constitution, liberty has been supplemented by ideas of rights and citizenship. The chapter examines the nature of these concepts and some of the disagreements over their constitutional significance are surveyed. The move from the Old to the New Constitution has brought with it a radical shift in the ways in which the relationship between the individual and the state has been conceptualized, and in the role of the courts in establishing this relationship.
Rights
Authors: Barber N. W. 
Published: March 2022

Abstract
In recent years, constitutional discourse in the UK has increasingly been couched in the language of rights. This chapter examines the rise of rights, in particular the Human Rights Act and common law rights. The operation and case law of the Human Rights Act is examined, and the changes this has brought to the relationships between the UK’s constitutional institutions are considered. It is argued that the principle of the separation of powers illuminates judgments on the operation of the Human Rights Act. The chapter concludes by considering the constitutional position of that statute: whilst the Human Rights Act could be altered by ordinary legislation, the constitutional culture from which that statute emanated will continue to shape the law.
The Unfinished NCC Project
Authors: Lau Hakwan 
Published: March 2022

Abstract
The so-called NCC project started in the 1990s. But as with the whole idea of a “revival” of consciousness science, there too is a long and often neglected history well before that. Not knowing our history is a problem because we are prone to repeating the same mistakes. The trouble is that some conceptual issues are hard to avoid, even when we think we are focusing on “straight-ahead” empirical studies of consciousness. This chapter illustrates how common notions of “necessity” and “sufficiency” are often applied wrongly. Amid some exciting calls for moving on to more theoretically adventurous endeavors, there is a worry that the empirical project itself could well be derailed. The purpose of this chapter is to set us back on the right path. If we carefully control for the key experimental confounders, the evidence is in favor of the prefrontal cortex’s role in consciousness—although it may not be for the purpose of global broadcast.
A Centrist Manifesto
Authors: Lau Hakwan 
Published: March 2022

Abstract
The main goal of this chapter is to take stock of what we have reviewed so far, and to assess the broader theoretical implications. The previous chapters already covered the first three issues introduced in Chapter 1: the neural correlates of consciousness, the relationship between attention and consciousness, the functions of consciousness, and whether animals and robots can be conscious. To address the remaining two issues we need to make some theoretical generalizations. Fortunately, the previous chapters provide some constraints for what an adequate theory should look like. Overall, neither the global nor local view works well. Instead the evidence points to a synthesis. We will end by discussing some related ideas from current artificial intelligence research.
Unmasking Power
Authors: McNay Lois 
Published: March 2022

Abstract
This chapter establishes the centrality of direct experiential understanding to an unmasking critique of oppression. It argues that attentiveness to the lived experience of oppressed groups is a necessary theoretical and political entailment of the Frankfurt School’s claim that unmasking critique aims to make a practical contribution to their struggles for emancipation. Frankfurt School theory not only fails to attend to the lived reality of oppressed groups, but it is marked by a distinct retreat from experience because of the supposed parochializing effects it is held to have on critique. To offset such parochialism, Frankfurt School theorists have concentrated on issues of normative foundation and context transcendence. This foundational turn has given rise to a mode of ‘paradigm-led theorizing’ that prevents Frankfurt School theorists developing an adequate diagnosis of oppression, exemplified here in their tokenistic treatment of gender oppression. Paradigm-led theorizing also prevents them from realizing the dialogical and reflexive aspects of their theoretical practice, qua practical emancipatory thought. This chapter proposes a model of experience-led theorizing as an alternative to paradigm-led thought and draws on other types of radical theory, notably black feminist theory, to illustrate what this entails. Relativizing lived experience to power allows it to be recast as an indispensable source of knowledge for unmasking critique. It also serves to reconfigure context transcendence in dialogical terms as the insight that comes from reasoning across theoretical and experiential perspectives rather than, pace the Frankfurt School, the definitive viewpoint afforded by a monist paradigm.
Experience at the Limits of Justification
Authors: McNay Lois 
Published: March 2022

Abstract
This chapter focusses on the work of Rainer Forst and his justification-theoretic paradigm. It argues, in relation to issues of gender, that the capacity of justification critique to unmask oppression is limited by its reliance on a tendentious concept of noumenal power. Noumenal power obscures the complexities of oppression at both the level of its lived reality and the level of intersecting vectors of power. The normative reach of justification critique is also stymied by its failure to reckon sufficiently with the latent workings of power which, in the actual conversation about justice, may subvert the formal equality of the right to justification. In neglecting to address how the abstract principle of mutually owed justifications would operate in a real-world context of power disparities between interlocutors, justification critique fails to enact the reflexivity that Forst claims is an indispensable feature of emancipatory theory.
Recognition and Progress in the Family
Authors: McNay Lois 
Published: March 2022

Abstract
This chapter considers the implications that Axel Honneth’s recent work on recognition and progress have for an account of gender oppression. On the face of it, Honneth’s neoHegelian recognition model is more compatible than the neoKantian model of justification with feminist concerns about gender, in so far as it accords a foundational role to the family and intimate relations in sustaining social justice. It is argued, however, that this affinity is undercut by the distorting effects that Honneth’s teleology of progress has on his understanding of gendered asymmetries of power in the family and other social realms. The inherent bias of recognition monism towards identifying progressive tendencies in the life-world underestimates the persistence of those negative dynamics that are instrumental to the continuing subordination of women. Descriptive shortcomings in recognition monism’s diagnosis of gender oppression have limiting effects on resulting normative proposals which are undetermined and tangential to the correction of entrenched hierarchies of power. Limitations are illustrated through comparison of Honneth’s rather naïve idea of care as ethical mutuality with the more developed work of feminists on, among other things, economies of care.
The Politics of Disclosure
Authors: McNay Lois 
Published: March 2022

Abstract
This chapter considers the work of Italian critical theorist Alessandro Ferrara on exemplarity that forms part of his broader attempt to place a notion of disclosure at the heart of democratic reasoning. At its best, political thought should have the capacity to animate the democratic imagination by disclosing, through exemplary instances, new political possibilities for thought and action. Ferrara’s notion of exemplarity provides important conceptual resources for a regrounding of critical theory in the type of experientially based disclosing critique that has, post Habermas, been marginalized. Exemplary universalism suggests a way of reasoning inductively from concrete particularity that is normatively more inclusive of the voices of the marginalized and disempowered than procedural universalism. Moreover, contra Habermas, far from being an unstable process of meaning creation, exemplary disclosure has a systematic internal rationale that renders it amenable to practical inter-subjective validation. The critical promise of Ferrara’s idea of exemplarity is ultimately unfulfilled however. because of its grounding in the speculative, context-transcending construct of sensus communis understood as a matrix of precultural intuitions about human flourishing. This socially weightless abstraction undermines sensitivity to context and forecloses consideration of how enduring inequalities of race, gender, and class may prevent groups subscribing to shared ideals of flourishing. Drawing on critical race theorists such as Angela Davis, a politicized understanding of exemplary disclosure is proposed, the normative impact of which is located in the dynamics of concrete struggles against oppression.
Critique and the ‘Merely Experienced’
Authors: McNay Lois 
Published: March 2022

Abstract
This chapter examines Nancy Fraser’s influential writing which, in contrast to the tokenistic approaches of her peers, has been instrumental in moving gender concerns to the heart of critical theory of oppression. In so doing, she has formulated an innovative multidimensional typology of power which, unlike mono-categorial paradigms, is capable of explaining intersectional dynamics of oppression. Likewise, her model of justice as participatory parity rests on a pluralized, ‘neopragmatist’ account of normative reasoning that finds emancipatory responses embedded in concrete situations and hence resonates with the work of other feminist theorists on gender inequality in a global context. However, as ground-breaking as it has been in foregrounding issues of gender oppression and developing a non-monist approach to critique, Fraser’s work is arguably limited by her residual attachment to a certain aspect of paradigm-led theorizing. This is evident in the way she downgrades the value of an experiential perspective for critique and consequently fails to fully think through certain epistemological implications of reasoning dialogically with disempowered interlocutors. Instead, working largely within the normative space of justification, Fraser tends to accord definitive adjudicative authority to the theoretical perspective, qua critique, over the experiential one. This epistemic hierarchy is inconsistent with her claims that critique embodies dialogical and reflexive reasoning as well as narrowing the normative function of radical critique to one of adjudication.
Conclusion
Authors: McNay Lois 
Published: March 2022

Abstract
I conclude that if Frankfurt School theory is to realize its aspiration to be a radical political critique of capitalist society then it needs to pay more heed than it has done recently to the experiences of oppressed groups and what these tell us about the way the world is organized. That these experiences should be of pivotal importance in guiding theory is a direct implication of the Frankfurt School’s claim that unmasking critique ought to make a practical contribution to real-world struggles against oppression. I pull together the various threads of the idea of theorising from experience with a view to specifying its entailments for an unmasking critique of oppression. Critique, on this view, works with a dialogical account of context transcendence, a relational account of experience, is abductive and problem-led in method, and adopts an experientially negativist approach to normativity.
Introduction
Authors: Agbiboa Daniel E. 
Published: March 2022

AbstractThis chapter examines the politics of everyday life in urban Nigeria refracted through empirically grounded discussion of corruption, exploitation, and the pursuit of survival in the informal transport sector of Lagos. Building upon the anthropological critique of corruption, the chapter argues that average Nigerians are not passive in the face of corruption but appropriate it in a variety of ways to minimize risk, maximize profit, and impose order and predictability on their workaday world. Hence, the chapter challenges the almost exclusive focus on political corruption, which treats ordinary people as innocent victims of corruption. The chapter draws upon a combination of in-depth interviews, archival sources, mobile ethnography, and cumulative observations on the bottlenecked roads of Lagos.
Corruption and the Crisis of Values
Authors: Agbiboa Daniel E. 
Published: March 2022

AbstractWhile corruption exists in all polities, the form it takes, its extent, and its political and socio-economic functions vary enormously across time and place. This chapter takes a wide and close look at corruption. As wide, the chapter locates corruption within the “gray zones” between the legal and the illegal, and shows how corruption is shaped by the complex and shifting interactions between state and nonstate actors in mobile settings. The chapter challenges the essentialism, cultural determinism, and functionalist explanation that characterizes and constrains dominant approaches to corruption in contemporary Africa, showing how they tend to obscure corruption’s social, historical, and moral underpinnings and logics. As close, the chapter examines elite corruption and profiteering in Nigeria since independence in October 1960, especially the systematic plundering of Nigeria’s oil-dominated national economy and the consequent emergence of a crisis of values in everyday, urban life. The analysis in this chapter extends to the checkered story of post-1999 institutionalist efforts to combat political corruption.
Learning from Corruption
Authors: Agbiboa Daniel E. 
Published: March 2022

AbstractThis chapter returns to a central argument in the book, that is, that corruption is not embedded in Nigerian culture but is in fact shaped by popular efforts to manage precarious livelihoods. Going beyond the dominant approach of simplifying corruption into “petty” versus “grand” and “private” versus “public,” this chapter locates corruption within gray zones between the state and the nonstate, the formal and the informal. The chapter calls attention to how and why the state in Nigeria is localized or made visible in the organization, politics, and especially extortion racket of the National Union of Road Transport Workers (NURTW)—the most politicized and violent trade union in Nigeria. The chapter argues that the struggle for economic survival compels many informal transport operators to participate in the reproduction of the transgressive system they denounce. The chapter concludes that anti-corruption policies have hardly had an impact on levels of corruption on the ground precisely because on the ground realities of corruption have never truly penetrated top-down anti-corruption reforms.
Music Therapy in Mental Health for Illness Management and Recovery
Authors: Silverman Michael J. 
Published: March 2022

Abstract
This purpose of this text is to describe the who, what, when, where, why, and how of music therapy for illness management and recovery for adults with mental health conditions specific to clinical group-based practice within the United States. Other goals of this monograph include informing administrators of music therapy, providing theory-based approaches to music therapy in mental health settings, educating music therapists about related literature outside the profession, stimulating research and employment, increasing access to services, and influencing legislative policies. Perhaps the most essential purpose of this text is to encourage both critical thinking and lifelong learning about issues, ideas, and concepts related to various intersections between mental health and music therapy.
The social impact, prevalence, and contemporary short-term treatment of mental health conditions
Authors: Silverman Michael J. 
Published: March 2022

Abstract
This first chapter provides readers with a general orientation to mental health conditions. Topics covered include prevalence, costs, and how adults with mental health conditions represent a marginalized and disenfranchised group. The chapter also highlights physical health problems that adults with mental health problems may experience. For a variety of reasons, contemporary inpatient treatment durations settings have become briefer, thus challenging service delivery. The chapter describes how advancements in pharmacological and psychosocial treatments have resulted in music therapists having to adapt to new care models to augment the likelihood of illness management and recovery for adults with mental health conditions.