bluuebunny/crossref_metadata_2025_split huggingface dataset:
Conclusion
Authors: Gallagher Janice K. 
Published: October 2022

Abstract
The concluding chapter reflects on the challenges of studying violence and the reasons the author chose to write a book spanning many levels of analysis, and focused on family members of victims of disappearances. It then summarizes the methodological and conceptual contributions of this book, as well as the implications of its findings. It draws out the implications of these findings for policymakers and funders, and calls for a recognition of the central place of victims of violence in challenging impunity and proposing a series of measures to support, legitimate, and protect their work. It closes by returning to the stories and reflections of Nancy, Juan Carlos, Lucia, and Alfonso.
Partisan Mobilization and Policy Alignment
Authors: Wagner Regina L. , Shafer Byron E. 
Published: October 2022

Abstract
An omnipresent challenger as an organizing principle for policy preferences was religious denomination, that is, attachment to one of the four great religious families in American society. When the postwar period began, denominational attachments were unaligned in partisan terms. Denomination began to show signs of life among party activists in the successor period, then exploded to prominence among their rank and files in the modern world. For all four religious families, the process of partisan mobilization was central to this, whereby key aspects of social change are picked up by party activists and converted into policy preferences that lead to a partisan division.
The Synoptics and the Son of God
Authors: Bryan Christopher 
Published: October 2022

Abstract
At the very center of the synoptic narrative, Jesus is confessed as Messiah and Son of God by Peter. The subsequent dialogue spells out what it means to confess Jesus as Messiah and Son of God, pointing to the need for Jesu to suffer and die and subsequently to be raised. One cannot truly confess Jesus unless one also confesses his cross. On the Mount of Transfiguration, one week later, Jesus is seen in company with Moses and Elijah, and named by God as God’s Son, the one to whom the disciples are to listen. The disciples are enabled for a moment to see him transfigured—which is to say, not changed from the Jesus they know, but as he truly is.
Introduction
Authors: Wuthnow Robert 
Published: October 2022

Abstract
This introductory chapter argues against particularistic notions of religion’s power that attribute it to features unique to religion. It suggests instead that much of what makes religion powerful such as the discourse, organizations, and the status relations of which it is composed is similar to features of other institutions. The chapter defines power in terms of asymmetric resources and capacities. The book’s discussion is located in approaches that emphasize practice theory and the social mechanisms through which power is exercised. This chapter previews the five mechanisms of power to be discussed in subsequent chapters: ritual power, discursive power, institutional power, identity power, and political power.
Religion’s Discursive Power
Authors: Wuthnow Robert 
Published: October 2022

Abstract
Much of how religion is practiced is through discourse such as sermons, prayers, and testimonials. We assume that discourse is powerful when we say we have been persuaded by hearing something or argue that trigger words should not be used. This chapter identifies the concept of discursive power and locates it within social science theories of agency and practice. The main sections of the chapter focus on narratives, sincerity, and resistance. Examples in the chapter that show how discursive power works include a testimonial given by abolitionist Frederick Douglass, studies of contemporary conversion narratives, a prayer and sharing group, a study of veiled Muslim women, public leaders’ apologies, and ideas about “weapons of the weak.”
Religion and Identity Power
Authors: Wuthnow Robert 
Published: October 2022

Abstract
Religion exercises identity power when it affirms or challenges group identities based on gender and sexuality, race and ethnicity, and national origin. Practice theory emphasizes that identities are actively constructed, maintained, and contested. Identities are mental categories, but they also exert power in how rewards, status, and opportunities are distributed. Relational concepts of power are helpful in understanding how “us” and “them” distinctions are enacted in practice. This chapter briefly brings together what has been learned in recent years from studies examining religion’s role in perpetuating asymmetric power relations based on gender and sexuality and through systemic racism. Examples are drawn from studies of church leadership, visual culture, multiracial congregations, interfaith advocacy organizations, and border wall policies.
Constitutional Essentials: A Singularity of Reason, or a Space of Reasonability?
Authors: Michelman Frank I. 
Published: October 2022

Abstract
If the rights-regarding essential guarantees in a country’s body of constitutional law are to serve procedurally, as a platform of justification to all for controversial exercises of political power, the terms of those constitutional essentials will have to be at all times not so thin as to leave too little settled in advance, but also not so thick as to foreclose from ongoing democratic resolution issues on which the country is not of one mind. Chapter 3 presents this “Goldilocks” challenge to the political-liberal project of justification-by-constitution. The chapter then describes a likely Rawlsian response employing ideas of the rights-regarding essentials as composing a single “scheme of liberties” (with a widely agreed “central range of application” for each component liberty); of “burdens of judgment” and a recognition thereof among citizens responding reasonably; of a resulting tolerance among citizens for spaces of reasonable disagreement about applications of constitutional essentials; and of a public trusted arbiter of the bounds of reasonability in those applications (about whose locations citizens also may have their reasonable disagreements).
Justice
Authors: Kekes John 
Published: October 2022

Abstract
According to moderate conservatives, the American political system is just if citizens get what they deserve and not what they do not deserve. What is deserved is established by the generally accepted formal and informal terms of cooperation. They concern the rights and responsibilities of personal and institutional relationships. The formal and informal agreements between individuals and institutions. And the terms of cooperation that specify the requirements of the security of individuals. Terms of cooperation are conventional and justified if those who cooperate get what they deserve, conform to practical reason, and pass the test of time as indicated by the general and voluntary conformity to them. Terms of cooperation change, can be reformed if needed, but only slowly and gradually. Injustice is the violation of terms of cooperation. Justice is the bond that unites citizens and guarantees that individuals in the society get what they deserve.
Legal and Political Equality
Authors: Kekes John 
Published: October 2022

Abstract
This chapter is a moderate conservative account of political and legal equality in the American political system. According to it, political and legal equality is one, but only one, of the basic political values. It often conflicts with other political values. The resolution of conflicts between the primary political values depends on the context, conditions, and the available alternatives. Coping with the conflicts should be guided by the overriding importance of balancing the claims of all the primary political values. Maintaining that balance is the art of politics. The danger of all forms of extremism is that by giving priority to one of the political values over the others, it jeopardizes no less important political values and destroys their balance. The moderate conservative account is critical of various extremist attempts to claim priority for equality both in American society and worldwide beyond the limits of American society.
Last Words
Authors: Kekes John 
Published: October 2022

Abstract
This short chapter is an account of the conceptions of moderation and balance that are central to moderate conservatism. They lead to the denial that there is universal, theoretical, context-independent, unconditional ideal that takes precedence over the primary political values. It makes clear that moderate conservatism is a practical, particular, historically conditioned, conventional defense of the American political system. It rejects the possibility of there being an ideal theory that all political systems should accept and aim to follow. It aims at a historically conditioned and forever changing modus vivendi.
Structure
Authors: Weinrib Ernest J. 
Published: October 2022

Abstract
This chapter sets out the nexus between the structure of the private law relationship and reasoning that is appropriate to determinations of liability. It draws out the implications of corrective justice as a structural idea that highlights the correlative normative positions of the plaintiff and defendant as the doer and the sufferer of the same injustice. This structural idea is inconsistent both with the pluralism and with the instrumentalism that have formed the prevailing orthodoxy of private law scholarship in the common law world over the last century or so. Structure signifies the most abstract representation of the parties’ situations relative to each other; the various doctrinal and institutional features of private law are the specific determinations of this abstract structure. When seen as a structural idea, corrective justice has its distinctive and interrelated conceptions of fairness and coherence that emerge out of the correlativity of the parties’ relationship. The character of these conceptions as internal to the parties’ relationship, in turn, leads to a stark contrast with instrumental approaches concerning the treatment of legal concepts, the function of legal norms, the role of law and the source of indeterminacy. The internal understanding offered by corrective justice exhibits intertwined interpretive and normative dimensions.
Rights
Authors: Weinrib Ernest J. 
Published: October 2022

Abstract
Corrective justice requires a content that matches its correlative structure; this content is found in the Kantian conception of rights. Such rights serve as the juridical conduits through which persons interact on terms of their equal reciprocal freedom. The point of a system of such rights is not to promote particular ends that favour one or the other of the parties to a private law relationship, but to provide the conditions for the rightful interplay of whatever ends a person might choose to have. The Kantian system of rights operates at three levels of specificity: most generally as a totality of conditions of equal reciprocal freedom, more specifically, as a set of subjective rights of particular persons, and yet more specifically as entitlements that specify what it means to enjoy the right and what the right-holder can do by virtue of having the right. After setting out these three levels, this chapter considers the relationship between the Kantian conception of rights and the two dominant issues of rights theory in contemporary scholarship: the significance of Hohfeld’s typology of rights, and the controversy between the interest theory of rights and the will theory of rights. On the former issue, Kant provides for the normative unity of the various Hohfeldian categories within a single relationship. On the latter issue, Kant is neither an interest theorist nor a will theorist; rather, his concern is with the moral power presupposed in the idea of reciprocal freedom.
Concealed Silences and Inaudible Voices in Political Thinking
Authors: Freeden Michael 
Published: October 2022

AbstractThis book investigates silence as a normal, ubiquitous, and indispensable element of political thinking, theory, and language. It explores the diverse dimensions in which silences mould the different core features of the political—by summoning up finality, by contributing to rendering support for communities or withholding it, by processing consent or dissent, by the manner in which it secures continuities or generates ruptures, and by its role in shaping national time, public memory, and collective identity. Not least, silence is a highly flexible power resource, both enabling and constraining major social practices, traditions, and currents. The emphasis of this study is primarily on the concealed, unintentional, and unrecognized ways through which silence pervades socio-political life, departing from the typical focus on intentional silencing and the dominance of logos. Instead, silence adopts the guises of the unspeakable, the ineffable, the inarticulable, and the unconceptualizable. En route, silence is juxtaposed with stillness, absence contrasted with lack, agency set against undetected conventions, and the veiled paired with the wondrous. Drawing extensively from historical, philosophical, anthropological, psychoanalytical, theological, linguistic, and literary viewpoints, the book demonstrates the common threads that connect silences to those different disciplines, alongside the features that pull them asunder. In extracting and decoding their political implications, it explores both academic literature and colloquial, everyday discourse. Selected case studies elaborating the overall analysis include topics such as Buddhist non-dualism, Locke’s tacit consent, the submerging of historical narratives, state neutrality, Pinter’s miscommunications and menace, and the separate ways ideologies integrate silence into their beliefs.
Courts, Regulators, and the Scrutiny of Economic Evidence
Authors: Mantzari Despoina 
Published: October 2022

Abstract
This book explores the interaction of courts and regulators with economic evidence in the realm of utilities regulation in two common law jurisdictions: the US and the UK. Adopting the error-correction function of judicial review as a starting point, it unveils how the increasing reliance of regulators on economic inputs affects the legal outputs of regulation and transforms administrative discretion and judicial review. After delineating how positive law has responded to the challenges posed by economic evidence, the book engages in a normative debate on the appropriate scope of judicial review of discretionary economic assessments and the optimal institutional response to the pervasiveness of economic evidence in economic regulation. Building on comparative institutional analysis, the book rejects single-factor explanations, such as that judges do not understand economics, in favour of a richer set of macro-level and micro-level factors that shape the relationship between courts and regulators in the regulatory enterprise. Mantzari argues that the ‘recipe’ for adjudicating economic evidence requires a balance to be struck, in which deference is accorded to regulatory agencies on institutional competencies grounds and a degree of epistemic diversity is introduced in courts. The book combines theoretical, doctrinal, comparative, and empirical analysis and it is written to be accessible to lawyers, economists, judges, regulators, policymakers, and political scientists.
Introduction
Authors: Mantzari Despoina 
Published: October 2022

Abstract
This introductory chapter discusses the aims and objectives of the book, the methodology employed, and provides a summary of its main argument. It introduces the idea that the manifestation of economic evidence in regulatory disputes challenges the error-correction function of judicial review, because of the profound epistemic asymmetry between the expert regulatory agency and the generalist judge. After briefly explaining the role of economic evidence in the regulatory decision-making process, it introduces the main questions that are the focus of the analysis. First, how positive law has responded so far to the challenges posed by economic evidence in economic regulation and judicial review; and second, how it ought to address such challenges. The chapter concludes with an overview of the argument as the latter is developed in the subsequent chapters.
Transforming Discretion
Authors: Mantzari Despoina 
Published: October 2022

Abstract
Relying on semi-structured interviews with UK sectoral regulators, this chapter opens the ‘black box’ of the regulatory decision-making process and explores the influence of economic evidence and analysis on the regulators’ discretionary economic assessments. The chapter challenges the widely held belief that economic regulation is a technocratic enterprise. Values, both substantive (eg legality) and procedural (due process requirements), constrain the flexibility of the economic approach in advancing regulatory objectives. It shows that while the role of economic evidence and analysis has increased in the workings of regulators, as it is used to inform both economic efficiency and equity considerations, economists are in fact constrained. The chapter first offers a taxonomy of discretion, (ie interpretive, operational, and enforcement discretion) and explains how economic evidence and analysis informs and shapes the exercise of these three dimensions of discretion. Drawing on Craig Parsons’ typology of political action, it then seeks to explore the relative influence of ‘structural’, ‘institutional’, and ‘ideational’ constraints in rich and diverse areas of regulatory action where economists are called upon to exercise discretionary assessments.
From ‘Hard Look’ Review to ‘Thin Rationality’ Review
Authors: Mantzari Despoina 
Published: October 2022

Abstract
This chapter examines the US federal courts’ reaction to the regulatory agencies’ increased recourse to expert economic evidence and analysis. It argues that an evolutionary transformation of the scope and nature of judicial review has taken place: from an intrusive ‘hard look’ review epitomised in the 1980s by the Supreme Court’s State Farm decision, to what is an undemanding version of rationality, referred to as ‘thin rationality’ review. ‘Thin rationality’ review emphasises institutional competence and historical considerations and is more attentive to the interplay of the various values that inform agencies’ actions. The chapter shows that institutional competence and historical considerations are mostly pronounced in polycentric disputes, such as those involving rate-setting, whereas in cases concerning access to bottleneck facilities and universal service obligations judicial scrutiny is determined by the emphasis given to the underlying values of efficiency and equity. Taken together, they yield a picture of deference to agencies’ economic expertise in regulatory matters.
A (Relatively) Brief Outline of the Galenic Medical Art
Authors: Zecher Jonathan L. 
Published: October 2022

Abstract
This chapter analyses Galenic medicine using two modern theories: the “biopsychosocial model” of health and illness, coined by George Engel and updated by Derek Bolton and Grant Gillett; and Urie Bronfenbrenner’s “bioecology” of human development. Using these and a broad base of Galenic and other medical texts, it is first shown that Galen provides the best access to medical thought in late antiquity. Then, late ancient medicine is interrogated as an art organized by its end goal of attaining health. As an art it has three interlocking parts. First, medicine is a way of knowing humans as biopsychosocial beings embedded in complex ecosystems involving other humans, the natural environment, and nonhuman beings. Second, medicine directs its attention to diagnostic strategies, which, first, relate the phenomena of health and illness to underlying dispositions, especially humoral ones. Likewise, Galen understands disease as process requiring attention to details that change with time. These strategies of nosology and pathology are matched with therapeutic tactics arranged according to a hierarchy moving from mildest to most extreme. Together, end-directedness, biopsychosocial knowing, diagnostic strategies, and therapeutic tactics together define a logic of practice (Pierre Bourdieu) that may be called a “medical art.”
Choice, Mutual Advantage in Exchange, and Freedom of Contract
Authors: Campbell David 
Published: October 2022

Abstract
This chapter identifies autonomy as the moral basis of the Pareto optimality of economic exchange and of freedom of contract. The legitimate form of autonomous action in the economic sphere is pursuit of self-interest. But reproducing autonomy through the social practices of economic choice and agreeing a contract requires the parties to mutually recognise the legitimate self-interest of each other. The law of contract is a private regulatory framework facilitating this. Because it does not recognise this social relational foundation of exchange, solipsistic self-interest is a markedly inadequate conception of the mutual advantage which is the basis of Pareto optimality, and is a misleading basis for the legal doctrine of agreement. The form of an adequate conception of self-interest based on the morality of mutual recognition and the politics of liberal socialism is anticipated. These general theoretical arguments are related to a specific doctrinal issue. The doctrine of agreement mistake leads to unmanageable doctrinal contradictions, for what is at issue is, not the mistake of one party, but the morality of the contractual relation between the parties.
Exchange, Relational Contract, and Mutual Recognition
Authors: Campbell David 
Published: October 2022

Abstract
The relational theory of contract after Ian Macneil has generally been interpreted as identifying a ‘specie’ of contracts, the relational contract, distinct from standard, or discrete, contracts. Stewart Macaulay’s pathbreaking empirical analyses of contractual action have generally been interpreted as demonstrating the ‘non-use’ of contract or the use of ‘non-contractual relations’. These interpretations are very partial, for neither Macaulay nor Macneil sought what Gilmore famously called ‘the death of contract’, and both were fundamentally concerned with the reform of a positive law of contract which they saw as inadequate to its regulatory task, the inadequacy being particularly clear in the case of, but not limited to, those complex contracts which are now called relational. The main point of the relational theory, however, is not that some contracts are relational, but that all contracts are relational in the sense that they rest on, and take their form from the attempt to legally institutionalise a moral relationship between the parties, whose pursuit of self-interest in welfare enhancing ways is facilitated by this relationship. This relationship is best described as one of mutual recognition, the term being derived from Karl Marx’s analysis of exchange. Some perception of this moral relationship underlies the always present but always denied concept of good faith in the positive law of contract. Walford v Miles, the main authority for the claim that the English law does not recognise good faith, is itself shown to require good faith to give effect to the requirements of voluntary agreement.