bluuebunny/crossref_metadata_2025_split huggingface dataset:
A Dialectic of Deference and Dissent
Authors: Postema Gerald J. 
Published: November 2022

Abstract
The rule of law relies on robust practices of vertical accountability; it encourages protest, resistance, whistleblowing, even in some cases defiance of those who claim authority to speak in the name of law. This poses a challenge to the rule of law: fidelity threatens to throw law into perpetual uncertainty, undermining the protection and order that the rule of law promises. This chapter does not explain away the tension between finality and fidelity by rejecting one or the other; rather, it explores ways to manage the delicate dialectic between deference and dissent that lies at the heart of the rule of law. The rule of law insists that law rule, not any individual’s or institution’s understanding of it; hence, any exercise of power, including authoritative determination of what the law says, is in principle open to challenge, disagreement, and dissent. However, due weight must be given to the competence and credentials of those to whom the law has allocated decision-making power. Responsibility for interpreting the law must not lie in the hands of any single department of government, but rather should be shared among departments. The rule of law recognizes the need and appropriateness of civilian and official deference to authorities, but their decisions are also subject to challenge. Thus, civil dissent and even defiance of directives from authorities may be legitimate; resistance by officials may also be legitimate, but it is subject to stricter limits.
The Trust Challenge
Authors: Postema Gerald J. 
Published: November 2022

Abstract
Trust is a key ingredient in effective governance and a necessary condition of effective efforts at holding power accountable. However, challengers argue, accountability thrives on distrust and drives out trust. To pull the sting from the trust challenge, this chapter offers a nuanced understanding of trust and distrust as they occur in civic and political contexts and the ways in which being held to account engages these attitudes. Recalling the understanding of accountability appropriate to its task of enabling law to rule set out in Chapter 2, it argues that vigorous efforts at accountability do not drive out trust of an important and valuable kind. Rather, trust is a condition and reasonably hoped-for consequence of it. The rule-of-law ideal does not assume that all power holders are knaves, but it does recognize that even the best of us are at our weakest in conditions that allow or encourage arbitrary exercises of power. Constraints on such exercises recognize and capitalize on other qualities in human nature that can inspire our confidence.
Executive Power Leashed
Authors: Postema Gerald J. 
Published: November 2022

Abstract
Rule-of-law principles are subjected to extraordinary strain when the nation is in peril and when the chief executive pardons individuals convicted of crimes. This chapter argues that executive pardon powers and emergency powers can and must be legally bridled. It is possible to design standards and processes to strip executive pardon power of its arbitrary features and turn it to its valued use as a corrective for law and legal processes that have gone wrong. In times of crisis, critics charge, law goes silent, that it cannot constrain executive power. However, this claim disguises as either a conceptual or psychological claim the normative claim that law should not limit executive power. This chapter challenges this normative claim, arguing that, in times of crisis, protocols are needed to protect decision makers from characteristic modes of bias and failures of rationality. Several constitutional systems around the world have incorporated carefully calibrated bridling laws, guided by principles like the following. (1) Power to determine the occasion for the exercise of emergency powers must be clearly and narrowly assigned. (2) The scope of emergency powers must be carefully defined. For example, certain fundamental rights must designated as non-derogable and the constitutional order must be protected against amendment. (3) Arrangements must be established for public assessment and accountability of governmental actions, through the courts where feasible or by other tribunals or informal or ad hoc institutions, when they might be expected to do a more effective job.
Digital Domination
Authors: Postema Gerald J. 
Published: November 2022

Abstract
This chapter and the next take up novel challenges to law’s rule posed by artificial intelligence (AI) and the growth of the enormous power of digital platforms (“Big Tech”). It argues for a key role for law and rule-of-law principles in efforts to tame digital Leviathans at the national and global levels. AI technologies represent a potent form of power over people and their communities and are thereby a proper concern of the rule of law. The chapter explores and critically assesses several ways of doing so: internal governance regimes; law-enhanced governance regimes (using property, contract, and privacy models); government oversight, especially using a public trust model; and global digital governance.
Rule of Law beyond Borders
Authors: Postema Gerald J. 
Published: November 2022

Abstract
Skeptics argue that international law is either nonexistent, impotent, or too costly. This chapter argues to the contrary that the fundamental principles of the rule of law retain their integrity and normative force in the global domain. The core principles and tasks of the rule of law remain, although the global institutions and norms that realize these principles inevitably look rather different for their domestic counterparts. The chapter first explores the distinctive features of law in the global domain. It surveys the resources that contemporary international law provides for constituting and constraining the vast array of power-wielding entities operating in the global domain. It then addresses and answers three versions of Realist skepticism—Power, Practical Reason, and Fiduciary Realism. It locates the moral foundations of law’s rule in the global domain in a global version of the value of membership and protection of the freedom, dignity, and fundamental well-being of persons. The chapter closes with reflections on the value of the rule of law for denizens of the global community. The thesis of this chapter is that the fundamental question we must address is not whether the rule-of-law ideal can speak credibly and with normative force in this context, but rather whether the global community has created a legal order that approximates the ideal. The critics’ challenge properly understood is not a challenge to the intelligibility and force of the ideal in this domain, but to the adequacy of efforts to date to realize it.
“We Need a New Narrative”
Authors: Demetrious Kristin 
Published: November 2022

Abstract
How do public relations language practices become compelling in this world? And how do they work within the Habermasian public sphere to create tolerance for ideas that run counter to humanism and science? One way is when public relations, in the service of neoliberalism, uses specific language practices like narrative to take possession of and shape market-based logic and meaning in communicative realms in order to manage “issues” and “crises.” In a “pincer move,” intrinsic and extrinsic public relations practices as neonarratives are thus deployed to cover over these breaks, simultaneously from different standpoints, to block debate. Neonarratives are a deliberate and specific PR language practice that works to insinuate a range of smooth and innocuous-sounding plastic words in public debate and to privilege neoliberal discourses, at the same time covering up the breaks in logic that have drawn public attention and discouraging further action and inquiry.
“Borderlands”
Authors: Demetrious Kristin 
Published: November 2022

Abstract
The burnt reality of displaced people, gathering at the gate powerful nation-states, trying to gain admittance and to gain acceptance, has kindled a defining public debate of this century. It is also a debate in which public relations language practices by government and business, and more broadly in society, play a powerful role in narrowing cultural dispositions in ways that passively tolerate or accept prescribed neoliberalist policy settings. To understand the “borderland” as a third space and field of ideas—namely, immigration, refugees, and statelessness—this chapter explores how public relations language practices combine to represent them as “categories.” Connoting certain words, woven into a plot that pushes meaning within set routes, this neonarrative works in both obvious and less obvious ways, to diminish the public’s expectations in human rights matters, to harden stances, and to build consent, while at the same time promoting a particular relationship between culture and politics. And in this, it has been extraordinarily successful.
Brian Eno’s Ambivalent Ambiences
Authors: Szabo Victor 
Published: November 2022

AbstractThe third chapter focuses on the formative ambient albums of Brian Eno and his collaborators: Eno’s Discreet Music and the albums of the Ambient series. It examines the genesis, sound, and reception of these albums, which set the stylistic and discursive terms by which ambient would attain distinction from other genres of atmospheric music, especially new age. It explores how Eno applied the lessons of his experimental art training to the recorded medium, and how he constructed an avant-garde lineage for his records through references to artists like Erik Satie. It also explores how he, with collaborators Harold Budd and Laraaji, exuded pop sensibilities through modal improvisations that displayed a distinctive affective bent toward the detached, dreamy, introspective, and ambivalent. These records’ sensuous sounds, alongside Eno’s erudite authentications, provided the expressive and conceptual latticework for future musicians, listeners, and critics to reconceive ambient audio as hip and highbrow art.
Ambient EDM, or Dance Music That Isn’t Dance Music!
Authors: Szabo Victor 
Published: November 2022

AbstractThe fourth chapter documents the popularization of ambient music as a genre between the late 1980s and mid-’90s by way of its emergence as a subgenre of electronic dance music (EDM). It traces the sounds and tropes by which ambient attained distinction from other EDM styles, as well as the rhetorical means by which ambient became raced, gendered, and classed relative to these styles as a highbrow white male domain. This recounting illustrates how the ambient genre’s formation, far from a linear trajectory out of Eno’s records and chill-out rooms, drew on a wide assortment of pop and electronic styles while taking shape through distinctions from these styles’ genre forms and cultures. It contains sonic analyses of key “ambient house” albums from this time, as well as a discourse analysis that illustrates how ambient became raced and gendered according to a mind/body dualism associating relaxed embodiment and highbrow status with white masculine intellectualism.
Coda: Ambient Music in the 21st Century
Authors: Szabo Victor 
Published: November 2022

AbstractA coda to the book considers how today’s ambient music is transforming, and how it may continue to transform, into a more inclusive, aesthetically dynamic, and socially enriching genre culture. Through a series of audio spotlights, it offers some insights into the many promising directions ambient artists have explored since the turn of the twenty-first century. After taking stock of the book’s history of ambient music’s psychedelic past and analysis of ambient’s formation as a popular genre, the coda proposes these recent works as trajectories from which to imagine a more expansive place and meaningful social role for ambient music and its genre culture today.
Tin Pan Alley
Authors: Furia Philip , Patterson Laurie J. 
Published: November 2022

Abstract
The cacophony that Monroe H. Rosenfeld of the New York Herald heard on West 28th Street between Sixth Avenue and Broadway reminded him of rattling tin pans. He thus christened the area, which was occupied by sheet-music publishers, as “Tin Pan Alley.” Songs were made popular through minstrel or variety shows, and once they were popular, the sheet music publishers would publish the songs. Composers and performers went to the music publishers to find ways to get the music to the public. This chapter explores the role of Tin Pan Alley, music pluggers, and composers/lyricists in helping to turn these songs into popular songs.
Fine Romances: Dorothy Fields and Leo Robin
Authors: Furia Philip , Patterson Laurie J. 
Published: November 2022

Abstract
Few women are well known as a lyricist for Tin Pan Alley. Dorothy Fields was one of them. Teamed with Jimmy McHugh, she wrote for the Cotton Club. Fields’s work (“I’m in the Mood for Love”) demonstrated her subtle, sensuous wit. Her style was more that of Hart, Gershwin, and Porter than her female predecessors (Donnelly or Jacobs-Bond). She and McHugh had a “seamless” blend of words to music. He wrote driving, repeated phrases, and she put “vernacular catch-phrases” to it. Another lyricist was Leo Robin, who frequently worked with Ralph Rainger. The two are best known for Bob Hope’s theme song, “Thanks for the Memory,” a song sun with Shirley Ross in The Big Broadcast of 1938. Robin’s lyrics include romantic recollections showing the connection that remained between the divorced couple. This chapter celebrates the writing of romance.
The Great American Songbook
Authors: Furia Philip , Patterson Laurie J. 
Published: November 2022

Abstract
As this chapter begins, “The songs that constitute The American Song Book have done what popular songs are not supposed to do: stayed popular.” The chapter discusses the various reasons for their endurance: singability, performability, and lyrics of “wit and verve.” These songs have endured and continue to be used in movies and commercials. Broadway frequently brings back the musicals of the golden age. Audiences continue to hear and know the music, especially when sung by more contemporary and well-known singers, not only Frank Sinatra but others such as Lady Gaga, Michael Bublé, Bob Dylan, Paul McCartney, and Van Morrison.
Obligations Implied from Human Rights Treaties
Authors: Mayer Benoit 
Published: November 2022

Abstract
This chapter identifies obligations that may be derived from treaties requiring states to protect human rights. The notion that human rights treaties imply an obligation of states to mitigate climate change has been instrumental to the development of climate litigation. Yet, the identification of implied obligations faces important challenges in light of the territorial nature of the relevant treaty obligations and the relatively indirect link between a state’s mitigation action and the effective enjoyment of human rights within its jurisdiction. The chapter argues that human rights treaties require a state to cooperate on climate change only if and insofar as this really helps with the protection of the rights within the scope of the treaty. As such, implied obligations allow the interpreter of human rights treaties to open only, at most, a narrow window onto the applicability of general mitigation obligations.
Can You Feel the Force?
Authors: Mee Nicholas 
Published: November 2022

Abstract
The introductory chapter addresses misconceptions about gravity, such as the idea that there is no gravity in space. The text explains why we don’t actually feel gravity. It describes the fact that all objects fall with the same gravitational acceleration, as can be seen when objects are dropped in a vacuum. This was demonstrated by Apollo 15 astronaut David Scott who dropped a hammer and a feather onto the surface of the Moon. The text discusses Einstein’s equivalence principle and explains why astronauts feel weightless when in orbit. The chapter closes by imagining what we would feel if we were close to an extremely dense object such as a black hole. We would then feel the stretching effects of gravity, which is known as tidal gravity, as it is key to Newton’s explanation of the tides.
The Magic Spyglass
Authors: Mee Nicholas 
Published: November 2022

Abstract
Kepler revolutionized theoretical astronomy with the publication of his New Astronomy in 1609. This chapter tells the story of two other key figures in the development of astronomy and mechanics. Galileo transformed observational astronomy with the introduction of the telescope, which he first used in the same year 1609. Galileo discovered four satellites of Jupiter, he saw the mountains and valleys on the Moon, and discovered that there were myriads of stars in the Milky Way that are invisible to the naked eye. Galileo also made important contributions to our understanding of mechanics. Jeremiah Horrocks is not so well known, and his contributions are often neglected, but he was a key stepping stone between Kepler’s model of the planetary system and the Newtonian synthesis. Horrocks was the first person to predict and observe a transit of Venus. Tragically, Horrocks died at a young age.
Let’s Do the Time Warp Again!
Authors: Mee Nicholas 
Published: November 2022

Abstract
The belief that geometry is synonymous with Euclid was overthrown in the first half of the nineteenth century. This chapter looks at the geometry of curved spaces—non-Euclidean geometry—and how this was used by Einstein to construct a theory of gravity that does away with the idea of a gravitational force. Einstein’s general relativity explains gravity as due to the curvature of four-dimensional spacetime in the vicinity of massive objects. Einstein used this theory to explain the precession of the orbit of Mercury identified by Le Verrier. While seriously ill in a trench during the First World War, Karl Schwarzschild found the most important solutions of general relativity that would later be used to describe black holes. Arthur Eddington tested Einstein’s theory in his eclipse expedition of 1919. Its success projected Einstein to world-wide fame. General relativity now has an everyday application in global positioning system (GPS) navigation systems.
Introduction
Authors: Robinson Howard 
Published: November 2022

Abstract
The general objective of the book is introduced, which is to argue, in Part I, that in perception we are aware of the way the physical world manifests itself to us, and that this involves awareness of sense-data. Then, in Part II, it is argued that behind this manifestation, the world is best understood in a Berkeleian manner, as a nomological structure in the mind of God, the ultimate purpose of which is to sustain our manifest, empirical world. Then a brief account of each chapter is given, and, finally, there are clarifications of how the term ‘sense-datum’ should be understood, which are intended to dispose of certain objections to the notion of sense-data.
The Causal Argument for Sense-data, ‘Philosophers’ Hallucinations’, and the Disjunctive Response
Authors: Robinson Howard 
Published: November 2022

Abstract
This chapter deals with the causal-hallucinatory argument against naïve realism—also known as ‘relationism’. The argument rests on the possibility of ‘philosophers’ hallucinations’; that is, hallucinations that are subjectively indistinguishable from perceptions, and which depend on the same brain processes as the corresponding perception. As such hallucinations involve subjective phenomena, and as ‘same proximate cause, same immediate effect’ seems to be a compelling principle, all perception must involve subjective phenomena of the sense-datum or representational type. Responses to this argument from M. J. M. Martin, W. Fish, and M. Soteriou are discussed. Martin’s claim that hallucinations involve states indistinguishable from perception, but possessed of no phenomenal properties in their own right, has been particularly influential, and this receives the longest discussion.
Naïve Realism and the Argument from Illusion
Authors: Robinson Howard 
Published: November 2022

Abstract
Objects often, and perhaps always, look somewhat different from the way they actually are. How can the naïve realist reconcile this with the claim that we are directly aware of the object itself? Some philosophers—Martin, for example—extend the disjunctivist account to these cases. A consequence of this approach is that nearly all perceptions consist, not of genuine awareness of a property, but of a sense of indistinguishability from cases where the property is really perceived. Craig and French claim that only the actual property of the object is presented to the perceiver, leaving it a mystery how the illusion is constituted. Brewer and Campbell defend a perspectivalism, according to which perspectival properties are real properties of an object, which seems open to the response that objects do have properties from a point of view, though they appear in a certain way from a point of view. The conclusion is defended that the naïve realist fails in his attempts to explain away the phenomenal properties apparently involved in ‘illusion’.
Objectivity
Authors: Robinson Howard 
Published: November 2022

Abstract
It seems reasonable to assume that our notion of an objective, public world, which exists independently of us, must somehow be derived from our perceptual experience. For what else tells us about the world outside of us? But what is it about experience that delivers to us the idea of an objective world? This chapter consider three accounts. Two are defended at length in the recent literature. The third has only recently been suggested—or revived—and has not yet been generally influential. It is this last account that is correct. According to the first account, it is only by being directly in contact with the physical world in normal perception that we can have a conception of such a world: if experience were in some way internal, then we could never even conceive of an external reality. The second theory is that objectivity comes from the dependence of our concepts on the existence of a causal connection between events internal to the individual and the external world. The third theory is that our conception of objectivity comes from the way our experience is organized: what David Hume called the coherence and consistency of our experience. As with most classical empiricist insights, it is wilfully ignored in much of contemporary debate.
Semantic Direct Realism, Critical Realism, and the Sense-Datum Theory
Authors: Robinson Howard 
Published: November 2022

Abstract
The purpose in this chapter to investigate in just what sense the rivals to the sense-datum theory, namely intentionalism and relationism, in their own terms, would, if correct, put us—in ‘direct’ contact with the world, and to suggest at the end that the form of directness they achieve is not significantly different from that available to the sense-datum theory. A discussion of the wrongly neglected theory known as critical realism will help in this task. It is argued that semantic direct realism is all that survives of realism within intentionalist and even naïve realist accounts, even on their own terms. This will prepare the way for the rehabilitation of the sense-datum theory in the following chapter.