bluuebunny/crossref_metadata_2025_split huggingface dataset:
State and Civil Society Responses to Disappearances in Mexico
Authors: Gallagher Janice K. 
Published: October 2022

Abstract
This chapter sets the historical and political context of impunity in Mexico, tracing the shifting terrain of legal and political opportunities for people affected by disappearances. It discusses state-perpetrated disappearances during the Dirty War and the birth of the Mexican human rights movement in response. It shows that after democratization in 2000, advocacy around disappearances was increasingly possible, but the state’s diminishing control over lethal violence, worsened by its weak and decentralized judiciary, overwhelmed Mexico’s legal and political institutions. Mexico’s human rights organizations likewise found themselves unprepared for the unprecedented crisis in lethal violence as the lines between state and non-state perpetrators of violence blurred. This left victims of violence with scarce organizing resources to draw from. In response, a burgeoning of local collectives has occurred in recent years. These collectives form coalition organizations, use social media, hold conferences, and engage in participatory investigations to collectively combat impunity.
The Evolution of Legal Consciousness
Authors: Gallagher Janice K. 
Published: October 2022

Abstract
This chapter traces the transformation of legal consciousness among the three families profiled as they evolve from apolitical citizens to prominent activists and advocates. By following the claim-making and mobilization trajectories of Nancy, Juan Carlos, and Lucia and Alfonso, we see their understandings of legality evolve along with their abilities to challenge the inner workings of impunity. The chapter progressively puts individual stories in relation with one another—both theoretically, as the ways they think and act begin to converge, and in practice, as they meet each other in the national victims’ movement. Despite their initial divergent legal consciousnesses, sustained mobilization draws them to think more similarly over time—gravitating toward a strategic understanding of the law. As the ways they think converge, they are also drawn to a common contentious repertoire.
The Social Roots of American Politics
Authors: Shafer Byron E. , Wagner Regina L. 
Published: October 2022

Abstract
The Social Roots of American Politics attempts to recover the shaping influence of social backgrounds on political conflict in the United States since the Second World War. The critical tool for this is partisan alignment, the manner in which social cleavages are linked to policy preferences and converted into ongoing conflicts by way of political parties. Along the way, it examines the way these parties transmit—but also transform—policy preferences rooted in basic social divisions. One cleavage, social class, proves to be a continuing influence on policy preferences from the start, expanding modestly but relentlessly thereafter. A second, racial background, would explode in the early postwar years, with policy divisions that were deeper but more narrowly focused than the others. The third, religious denomination, was largely dormant in those early years, rising to political prominence with social change and as active partisans came to recognize a religious potential for organizing politics. And the fourth, sex, would have the most mottled connection to policy preferences but the most direct connection to party attachment.
The Instantiation of Partisan Alignments
Authors: Wagner Regina L. , Shafer Byron E. 
Published: October 2022

Abstract
The original—and still most consequential—social division in American politics is social class. Chapter One recovers its early linkage with party identification and follows its role in shaping policy preferences in the general public across the postwar period, charting an expanded influence on political parties and on party activists. A patterned alignment between party and class would prove enduring across the postwar years, while the difference in its role among party activists versus their rank and file would remain consequential too. Partisan instantiation, the simple reflection of class-based preferences that had already been organized and presented in the New Deal, would remain the central engine in all of these developments.
Son of God
Authors: Bryan Christopher 
Published: October 2022

Abstract
Christians have long referred to Jesus of Nazareth as “Son of God.” But what have they meant by that? And what, if anything, might such an expression mean in the twenty-first century? This book approaches these questions by surveying the use of this and related expressions: first, in the Scriptures of Israel, which provided the language and concepts in which both Jesus and his earliest followers expressed and understood themselves; second, in the world of Greco-Roman and Roman imperial culture surrounding Israel that saw the rise and spread of Christianity; and, finally, in the early Christians’ own testimony to the impact made on them by Jesus of Nazareth, as that is expressed in the New Testament. The survey points to a definite direction and thrust in the understanding and attitudes to Jesus implicit in use of the phrase “Son of God,” an understanding and attitudes that both complement and contrast with that other expression most commonly used of him, namely “Lord.” In a closing section, the book considers the implications of these reflections for Christian theology and self-understanding in the twenty-first century, and in particular with what they have to say to the phenomena of saints, sanctity, and sainthood.
Galilee
Authors: Bryan Christopher 
Published: October 2022

Abstract
Christianity began in Galilee, a client state of the Roman Empire, inevitably therefore influenced by Rome but still in itself Jewish, ruled by one who at least claimed to be an observant Jew, and possessing the Scriptures which marked its difference from the nations around it. It is quite wrong to speak of Jesus or the early Christians “adapting” or “adopting” those Scriptures. On the contrary, Jesus of Nazareth was formed in those Scriptures and from the beginning knew no way to speak of himself or his mission except in terms of them. The same was true of his early followers.
The Scriptures of Israel
Authors: Bryan Christopher 
Published: October 2022

Abstract
Israel’s Scriptures involve many and varied, Sometimes even contradictory, voices but witness to a single story in which God, who is wise, loving and faithful, is the central character. Jesus’ early followers believed that in Jesus’ life, death, resurrection, and exaltation God had begun a new phase of the story, whereby God not only remained faithful to the promises God had made but had begun to fulfill them. The “latter days” that had been for ancient Israel the future were now present days in which the followers of Jesus were already living and in which God had already spoken and acted.
The Institutional Power of Religion
Authors: Wuthnow Robert 
Published: October 2022

Abstract
Although religion is generally conceived of in the social sciences as an institution, surprisingly little attention has been given to how institutional power works other than in treatments of managerial authority. This chapter pulls together ideas from a wide variety of sources that help to specify several of the important ways in which religious institutions exert power. One of the most important ways is simply through controlling space. Another is through certifying what counts as practical knowledge and as codified knowledge. Yet another is through allocating material and symbolic rewards in ways that confer status. The chapter presents examples ranging from the space-defining role of church bells and lightning rods to gyms and megachurches, group style in Bible studies and church picnics, scriptural disputes, lay leadership, schisms, and temperance movements.
Revolution or Collapse?
Authors: Burkett Maxine 
Published: October 2022

Abstract
Given the current state of the climate, the international legal order (ILO) must evolve simply to avoid collapse. All elements of the ILO either impact or are impacted by the changing climate. The climate crisis is not a discrete issue or one causal factor to manage. It is the context within which law, economy, and culture will develop while attempting to avoid the worst outcomes. This chapter analyzes the geophysical phenomenon of climate change as a key frame for the discourse on the twenty-first-century international legal order. It also explores specific impacts of climate change on North-South inequality, the nagging and worsening crises of international borders and migration, and the prospect of increased national and regional conflict. These constitute just a handful of the climate-induced disruptions that will test ILO’s resilience and its ability to evolve to respond to the radical disruption that climate change introduces to both geophysical and legal systems.
Strength in Obscurity
Authors: Rabkin Jeremy 
Published: October 2022

Abstract
Some three thousand distinct treaties now protect foreign investors from confiscation or inequitable treatment by countries where they operate. In the nineteenth century, great powers deployed gunboats to enforce such norms against weak states outside Europe. That practice was abandoned in the twentieth century, as revolutionary regimes denied that foreign states had any right to claim reparations for injuries to private investors. Since the end of the Cold War, however, most nations have agreed to accept international arbitration of claims when submitted directly by foreign firms. Hundreds of such claims have been adjudicated in this way with compensation awards regularly reaching into tens of millions of dollars. No master treaty or international institution controls the process, but a loose-knit scheme of parallel treaties has generated a remarkably adaptive and resilient body of international law. Investor-state dispute settlement is one of the most successful innovations of contemporary international law. It may be more effective for operating outside more prominent international fora where international disputes are often inflamed by larger political conflicts.
Authoritarianism, International Human Rights, and Legal Change
Authors: Sandholtz Wayne 
Published: October 2022

Abstract
Authoritarianism has been on the rise in the twenty-first century. Authoritarian regimes have intensified their repression, but—more troubling—authoritarian practices have been on the rise in a number of democratizing states and even in some long-standing democracies. Resurgent authoritarianism poses a two-level threat to the international legal order in human rights, on the international plane and on the domestic. Authoritarian regimes undermine international human rights institutions from within, appearing superficially to participate but doing so in ways that weaken the institutions and diminish their credibility. But the more profound authoritarian threat to international human rights law (IHRL) is at the domestic level. IHRL becomes effective to the extent that it empowers people to mobilize political pressure or to vindicate rights in local courts. Authoritarian regimes weaken or destroy the mechanisms through which domestic actors deploy IHRL in their local contexts. The analysis measures international trends in three key authoritarian practices that undermine domestic mechanisms of human rights accountability: eroding judicial independence; curtailing freedom of expression, especially freedom of the press; and suppressing civil society organizations. All three core authoritarian practices show marked increases globally in the twenty-first century, not just among existing autocracies but also among recently democratized states and even in long-standing democracies. A final section explores alternative futures for IHRL, finding some evidence of human rights resilience in public resistance to authoritarian regimes in a variety of countries around the world.
Introduction: An Entanglement of Missions for Constitutional Law
Authors: Michelman Frank I. 
Published: October 2022

Abstract
This book enters a longstanding liberal conversation between philosophy and law. On the philosophical side we have John Rawls with his thought of a country’s legal constitution serving as a public platform for the justification, to dissenting free and equal citizens, of the force of democratic law. A study of Rawls’s thinking here can shed light, this book claims, on a cluster of seemingly interminable constitutional lawyers’ debates; but also those seeking the best and truest readings of Rawls can learn from the controversies of the lawyers. As what he names “the liberal principle of legitimacy,” Rawls postulates that exercises of coercive governmental powers may properly be justified to free and equal dissenters as long as taken “in accordance with a constitution the essentials of which all citizens may reasonably be expected to endorse.” Rawls thus speaks into a duality of missions that lawyers in constitutional democracies assign to their countries’ bodies of constitutional law: to constrain oncoming governmental acts and policies by directions previously set, and to supply a basis on which citizens in sharp disagreement over the moral and other merits of laws and policies just now issuing can nevertheless all freely and willingly accept those laws and be disposed normally to abide by them. This introduction shows preliminarily how those two assignments to constitutional law—“regulatory” and “justificatory”—can sometimes point in conflicting directions for constitutional-democratic practice, and lays out a plan for the rest of the book.
The Constitution as Procedural Recourse: Rawls’s “Liberal Principle of Legitimacy”
Authors: Michelman Frank I. 
Published: October 2022

Abstract
“The problem of political liberalism,” says John Rawls, is that of the justification of the force of democratic lawmaking among free and equal citizens, in conditions of reasonable pluralism. By what he calls “the liberal principle of legitimacy,” Rawls proposes, as one response to the problem, that a country’s legal constitution—including a bill of substantive rights—can provide a framework for a country’s politics that reasonable and rational citizens could all find acceptable for that purpose. This chapter lays out Rawls’s thinking along these lines and its incorporation of ideas and conceptions of public reason, reciprocity, reasonable pluralism, political personhood, a liberal conception of democracy, and political reasonability. The chapter suggests that a Rawlsian take on democracy casts burdens of justification both on the citizenry as a collective body and on citizens severally vis-à-vis one another. The chapter explains the sense in which the Rawlsian proposal for justification-by-constitution (as this book calls this idea) should register as a distinctly proceduralist response to the challenge of justification, and also how the proceduralist theme in Rawls’s political thought has somewhat shifted focus, over time, from the topic justice to that of justification.
Justification-by-Constitution, Economic Guarantees, and the Rise of Weak-Form Review
Authors: Michelman Frank I. 
Published: October 2022

Abstract
Chapter 10 looks into debates in constitutional democracies over the inclusion (or not) of socioeconomic guarantees in constitutional bills of rights, and also (to be continued in Chapter 11) over the uses and forms of judicial constitutional review. The two issues are found to be entangled in the following away. A claimed unfitness of socioeconomic policy as a field for judicial issuance of directive orders to legislative and executive branches in a democratic government has historically cropped up (as it does in fact appear to do, in some measure, for John Rawls) as a caution against inclusion of that field of concern in constitutional law, regardless of demands of political justice respecting it. Conviction may nevertheless persist that some socioeconomic assurances are indispensable from a liberally justification-worthy constitution. An apparent upshot from the resulting tension has been the development and embrace of conceptions and forms of “weak” judicial review designed to avoid democracy-based objection to inclusion of socioeconomic assurances in constitutional law.
Coercion meets Pragmatism
Authors: Ostermann Susan L. 
Published: October 2022

Abstract
This chapter introduces the connection between state capacity and coercion, as well as the presumption that compliance with law is unlikely in areas of coercive weakness. It then turns to the presumption of perfect legal knowledge and the problems association with this stance. In particular, principal-agent problems prevent many coercively weak states from behaving consistently, and the populations targeted by particular regulations often lack education and competent legal advice. As a result, they struggle to learn about the law. States that employ regulatory pragmatism, however, have an opportunity to circumvent this compliance barrier by designing implementation strategies for on-the-ground realities. The chapter looks at knowledgeable compliance and suggests how regulatory pragmatism might lead to same. Finally, the border design is introduced and a summary of findings is provided.
Inconsistent State Action, Inaccurate Legal Knowledge, and Non-Compliance
Authors: Ostermann Susan L. 
Published: October 2022

Abstract
Chapter 5 takes an in-depth look at the underpinnings of inaccurate legal knowledge. In particular, it considers how people learn about the law and the challenges they face when education is limited and poverty is widespread. The focus then shifts to learning about the law by observation and the inaccurate legal understandings that often result when the state, due to principal-agent problems, struggles to behave consistently. Having explored the challenges, the focus of the chapter then shifts to an exploration of the empirics, examining conservation case data on accurate legal knowledge and compliance with wood-taking prohibitions in Chitwan and Valmiki National Parks. In particular, the data indicate that accurate legal knowledge is significantly more widespread in Nepal; compliance is also more common in Nepal, which is demonstrated using survey and observational data, as well as Forest Canopy Density analysis.
Accurate Legal Knowledge under Adverse Conditions
Authors: Ostermann Susan L. 
Published: October 2022

Abstract
This chapter explores the somewhat surprising findings from Chapter 5 and considers two different pragmatic regulatory strategies that might help to explain them. In particular, the chapter focuses on whether two pragmatic regulatory strategies—delegated enforcement and information dissemination through local leaders—help foster accurate legal knowledge under adverse conditions. The first involves analysis of survey data related to legal knowledge and compliance rates among individuals who have Community Forest access. The second involves a field experiment in which a local leader conveyed accurate information about the law to a group of approximately forty individuals; pre- and post-treatment surveys of villagers (not of those involved in the intervention) were used to determine effectiveness. The data indicate that both strategies were associated with higher rates of accurate legal knowledge among target populations, as well as higher levels of compliance.
The Rule of Law
Authors: Kekes John 
Published: October 2022

Abstract
This chapter is a moderate conservative interpretation of the rule of law is one of the primary political values. Its aim is to maintain order, define the rights and responsibilities of those living in America, and protect the conditions that enable us to follow our conception of how we should live. It is almost entirely procedural, and substantive only in the protection of the minimum requirements of human lives. It represents no particular political party, neither favors nor opposes any particular legitimately arrived at law. It only defines the conditions of legitimacy to which particular laws must conform. It is justified if these aims are achieved within the limits set by the Constitution. It neither favors, nor opposes any particular policy. It is intended to be politically neutral.
Ownership
Authors: Weinrib Ernest J. 
Published: October 2022

Abstract
This chapter elucidates the unifying function of a Kantian right with respect to the principal Hohfeldian categories present in the idea of ownership. In Hohfeldian terms, ownership combines the owner’s claim-right to exclude others from the owned object and the owner’s liberty to use that object. This chapter addresses the relationship between using and excluding, by presenting Grotius’ and Kant’s classic accounts of ownership. Grotius’ approach treats use and exclusivity as separate notions, with the latter evolving out of the former. For Kant, in contrast, use and exclusivity are integrated aspects of ownership as a right within a regime of reciprocal freedom. This chapter offers a Kantian critique of Grotius’ account of the original right to use. It then presents Kant’s notion of usability as the basis for his integration of use and exclusivity. Next, the chapter deals with the special problem for reciprocal freedom that is posed by acquisition, and with the role of a system of acquisition within a regime of public institutions in providing the solution to that problem. Finally, the chapter concludes with reflections on the conceptual place of ownership within a system of property.
The Rule of Law
Authors: Weinrib Ernest J. 
Published: October 2022

Abstract
The chapter investigates the significance of the rule of law for private law, first presenting a general account of the rule of law and then turning specifically to private law. The rule of law has the double function of ensuring that the exercise of state power is through law and in accordance with law. The first of these is the aim of Lon Fuller’s desiderata for governing human conduct through legal rules; the second is the concomitant of the separation of legislative, executive, and adjudicative powers in the form of government that Kant termed a ‘republic.’ The rule of law takes as its subject matter the constitutive (and not the regulative) aspects of a republican polity. The rule of law, therefore, differs from the Rechtsstaat, which in its contemporary version incorporates regulative notions of justice. However, taking over the argument of Julius Ebbinghaus, the chapter contends that injustice is to be distinguished from inhumanity (exemplified by Nazism and apartheid), which is never within the competence of legal authority. Turning to private law adjudication, the chapter argues that the retroactivity of adjudicated norms does not violate the rule of law. The separation of powers makes it implausible to assume that Fuller’s desiderata apply to adjudication in the same way that they apply to legislation. The rule of law is satisfied by the antecedent public availability of the legal materials out of which a new adjudicative norm is shaped. Prospective overruling is, accordingly, the solution to a non-existent problem.