bluuebunny/crossref_metadata_2025_split huggingface dataset:
The Ideologues
Authors: Giles Cynthia 
Published: October 2022

Abstract
Next Gen is practical. It asks what will work and eschews ideology. This chapter examines two popular ideology-heavy approaches—performance standards and market methods—to see if they produce better compliance. There is surprisingly little evidence supporting the nearly universal claims of policy superiority for these ideas. Limited data suggests that they show promise for reducing costs in some situations, but they require even more mandatory safeguards than other approaches do. Many people learned the wrong lesson from the celebrated Acid Rain Program. That program didn’t get terrific compliance because of the mythical properties of markets; it was successful because tough, prescriptive rule design gave the regulated utilities no way out. It was a triumph of command and control. Performance standards and market strategies have potential to help tackle environmental issues, but they don’t have magical powers, and they are not the right fit for every problem.
Introduction
Authors: Eyerman Ron 
Published: October 2022

Abstract
The idea of white American consciousness is first introduced through a biographical note, revealing its historicity and social construction. The personal note speaks to collective identification as it defines one’s social interactions in a loosely segregated urban American environment. In such contexts, white skin tone is routinely present but not strongly articulated as collective identity in any manifest sense; it is neither culturally nor politically thick but present on the surface in latent form. This, it is argued, holds true for much of American history, where having white skin provided many advantages that did not require conscious acknowledgment from its bearers yet was there when you needed it. It could also be there when you did not want it, such as during periods of great racial tension, where one has no choice as to which side you were on. The choice was made by others, just as it always had been for those with darker-skin tones. In such a context, racial identity, read as skin color, is ascribed, determined by how others see you. There is a clear difference between race as an ascribed category and racial identification; the former may be a formal matter of administration, while the latter requires active presence, though not necessarily active awareness. The introduction concludes with a chapter outline of the book where these points are traced through American history.
On the Future of Whiteness and White Supremacy
Authors: Eyerman Ron 
Published: October 2022

Abstract
This chapter addresses the issue of race and racism in the United States in a context of political polarization and where “whites,” as a category, no longer constitute the majority of the population. With numerical domination fading, will the color-coded hierarchy and ideology of white supremacy also fade into history? The issue of white mobilization and the interrelation between social movements and the established political parties is also discussed, particularly as this was actualized in the storming of the US capitol building.
Capacity beyond Coercion
Authors: Ostermann Susan L. 
Published: October 2022

Abstract
State capacity is often equated with coercion. The literature suggests that compliance with law is unlikely in areas where the state cannot coerce compliance. Utilizing extensive data collected in adjacent districts in India and Nepal, and exploring three different regulatory arenas, this book demonstrates that coercively weak states can significantly increase compliance by behaving pragmatically and designing implementation around known barriers to compliance. One such barrier is imperfect legal knowledge. Though legal knowledge is often assumed to be accurate, this assumption is problematic. Principal-agent problems prevent many weak states from behaving consistently, and target populations often lack education and competent legal advice. As a result, they struggle to learn about the law. States that employ regulatory pragmatism, however, may circumvent this compliance barrier. They do so by designing implementation strategies for on-the-ground realities. The book explores two such efforts—delegated enforcement and information dissemination through local leaders. The data indicate that strategies consistent with regulatory pragmatism, in contrast to those that are legally doctrinaire or deterrence-based, significantly increase legal knowledge and compliance, even where the state is locally weak. This is demonstrated in through a primary case involving compliance with conservation law, as well as through two shadow cases involving compliance with education and child labor regulation.
Regulatory Pragmatism outside of the Forest
Authors: Ostermann Susan L. 
Published: October 2022

Abstract
Having explored regulatory pragmatism and the relationship between legal knowledge and compliance in the context of conservation in Chapter 6, this chapter turns to two shadow cases, one involving compliance with teacher-student ratio regulations and the other involving child labor in brick kilns. Each is explored in the same border region in which the conservation case is situated. In the schools case, it was India, not Nepal, that employed a strategy consistent with regulatory pragmatism: the Right to Education Act, which gave parents a mechanism by which to exert pressure on schools. Consistent with expectations developed in the conservation case, it was also India that realized more widespread accurate legal knowledge among school administrators and higher rates of observed compliance. In the brick kilns case, neither India nor Nepal employed a strategy consistent with regulatory pragmatism to reduce child labor, and both countries saw comparatively similar legal knowledge and compliance rates.
Introduction
Authors: Boyer John W. 
Published: October 2022

Abstract
The Introduction to the book discusses some preliminaries involving the institutional forebears of the modern Austrian state and its historiographic traditions, as well as some reflections on the role of the principal Dynast (Emperor Franz Joseph) and the Habsburg Court, whose extraordinary claims to supreme authority shaped the history of the whole of the nineteenth and the first two decades of the twentieth century. These domains—the administrative state as created by Empress Maria Theresa and Emperor Joseph II, its finessed and often calculated history and historiography, and the self-identity of its primary political architects—are necessary areas of inquiry for comprehending the ruptures and surprising continuities defining the scope of this book and for explaining why Austrian history does not fit easily within conventional historical bookends and why it does not mirror the models of other major European nations.
The Settlement of 1867 and the Creation of a Liberal Constitutional Order
Authors: Boyer John W. 
Published: October 2022

Abstract
This chapter introduces the main narrative of the book by describing how the Austro-German Liberals successfully forced the Habsburg Crown to accept a genuine constitutional revolution in 1867, including laws creating a legitimate national parliament with control over the state budget, laws guaranteeing freedom of thought and expression, a free judiciary, the separation of justice and administration, public access to administrative decision-making, the introduction of jury trials, freedom for the press, the protection of associations and the right of assembly, the reorganization of Church‒state relations and the repeal of the Concordat, and the creation of a new high court responsible for appeals against flawed administrative decisions. It also explains the settlement (Ausgleich) that took place between Austria and Hungary in 1867, which created a composite state unlike any other in modern Europe of the nineteenth century. Unlike other major states in nineteenth-century Europe, Austria coped with a wider range of centripetal social and ethnic pressures within its civic system at the very time that its constitutional development gained traction against the authoritarian powers of the Crown. The Liberals were stunningly successful in compelling the Emperor to share the state, much as their predecessors in Frankfurt in early 1849 had hoped that the Prussian King would divide up the new German national state with a new imperial parliament. The Austrian Liberals in turn would be asked in the 1870s, 1880s, and 1890s to share the state with other rival and competing electoral groups.
The Era of the Iron Ring
Authors: Boyer John W. 
Published: October 2022

Abstract
This chapter introduces Count Eduard Taaffe, who served as Minister-President from 1879 to 1893, and was in many respects the Austrian counterpart to Otto von Bismarck. It presents a revisionist account of Taaffe’s regime, arguing that while Taaffe assembled a parliamentary coalition (the Iron Ring) based on clericals, Czechs, and Poles against the German-speaking Liberals, in fact the basic ethos of this policy record was to sustain and even to protect the constitutional institutions introduced by the Liberals in 1867 and 1868. The chapter also argues that Austrian politics was hit by three large new political forces in the 1880s and early 1890s that fundamentally reshaped the course of late imperial Habsburg history, engendering new forms of political aesthetics that forever changed the practice of politics in the western half of the Empire. The Young Czechs in Bohemia and the Christian Socials and the Social Democrats in and around Vienna constituted new mass political movements in east Central Europe in the 1880s and early 1890s, becoming all the more powerful because they defined their identities in relation to each other. That these movements emerged under the conservative ministerial regime of Taaffe was not accidental, and they created two parallel dynamic force fields—the Czechs versus the ex-German Liberals in Bohemia and Moravia; the Catholics versus the Socialists in Vienna and Lower Austria—that framed the history of the final decades of the Habsburg Empire. The chapter also analyzes the political impact on the Taaffe regime of the suicide/murder perpetrated by Crown Prince Rudolf in the company of Mary Vetsera at Mayerling in January 1889.
Two Decades of Constitutional Upheaval, 1895‒1914
Authors: Boyer John W. 
Published: October 2022

Abstract
This chapter takes the book’s narrative down to 1914 on the eve of the war. It provides a comprehensive overview of the course of state-level politics from the Badeni government in 1896 down to the ministry led by Karl Stürgkh in 1914. The book shows how the ongoing crisis in Bohemia and Moravia became one chronic axis of conflict that destabilized the Empire, but that this was counterposed to two new social and political movements emerging in Vienna—Christian Socialism and Social Democracy—which had an entirely different, non-ethnic logic. The institution of universal suffrage in 1907, which was meant to try to ameliorate the bitter ethnic conflicts in Bohemia and Moravia, also gave huge impetus to expansion of the Viennese mass ideological parties as well. By 1907 the two largest parties in the Austrian parliament (Reichsrat) were the Christian Socials and Social Democrats, neither of which had existed in the 1880s. The result was that, upon the collapse of the Empire in 1918, these two ideological movements—the Catholics and the Socialists—were ready to take possession of the new republican state. The chapter concludes by reviewing the plans that Archduke Franz Ferdinand had developed for his accession to the throne and suggests that the perennial debate about the longer-term possible survival of the Habsburg Empire in the twentieth century which has much preoccupied recent scholarship has to hinge on how historians evaluate Franz Ferdinand’s capacity for effective administrative leadership.
The Monarchy in the First World War
Authors: Boyer John W. 
Published: October 2022

Abstract
This chapter provides a detailed account of the demise of the Habsburg Empire as a multi-ethnic, constitutional state as a result of the horrors of World War I. It shows how the Empire, completely unprepared for a long war, stumbled into wartime absolutist governance practices, with brutal military domination over civilian life. The result of inefficiencies, political gaffs, and supply shortfalls was the “hunger winter” of 1916/17 and even worse conditions in 1918 that brought general misery to millions of poor citizens. Franz Joseph’s death in 1916 ended a personal regime of sixty-eight years, comprehending five generations of traumatic political upheavals. The Emperor was succeeded by his grandnephew, Karl Franz Joseph, a 29-year-old amateur soldier who was thrust into the middle of a political morass. Karl became infamous for his lack of systematic decision-making. The reaction among Austrian Slavic leaders to the collapse of the 1918 offensives in Italy and in France and to the slow, yet tangible weakening of the independent standing of the Crown in the Sixtus Affair was unmistakable. The decision of the revolutionary State Council on November 10, 1918 to place a draft of a fundamental law on the formation of a new Austro-German Republic before the Provisional National Assembly in Vienna compelled Karl’s “renunciation” (de facto, abdication) of any involvement in the affairs of state. The end of the Empire as a juristic unit came on the afternoon of November 11, 1918.
The Revolution of 1918‒1919
Authors: Boyer John W. 
Published: October 2022

Abstract
This chapter describes the course of the Revolution in Austria that resulted in the creation of the Republic and the Constitution of 1920. The loss of the Habsburg Court as a site of monarchical legitimacy and of the Empire as a system of meaning and self-identity left German-speaking Austrians in a dreadful dilemma. No longer citizens of a great multinational empire, they were compelled to search for new structures of civic community and new modes for the exercise of legitimate power. In contrast to Germany, where the army, the “Junkers,” and “militarism” shared in the objectification of guilt, the Habsburg dynasty and its subservient bureaucracy in Austria became the most convenient scapegoat for war-guilt acrimony. This chapter describes the jockeying for power that defined the early weeks and months of the Revolution, and fatefully, how the Czech occupation of the German-speaking parts of Bohemia and Moravia eliminated those electoral constituencies from voting in the national elections for the Constituent Assembly called for February 1919. The loss of the Sudeten territories—the former heartland of German Nationalist politics in the old Empire—meant that “small” republican Austria would become exclusively defined by the Alpine lands and Vienna, and, in turn, that the control of the new Republic would rest in the hands of a coalition government made up of the Christian Socials and Social Democrats. Both of these ideological parties were then forced to collaborate in writing a new constitution for the Republic, the first draft of which was prepared by Hans Kelsen. Once the constitution was approved in 1920, the revolutionary Coalition collapsed and the Social Democrats, now led by Otto Bauer, abandoned Karl Renner’s hope for ongoing cooperation with the Catholics and went into what became a permanent minority opposition for the rest of the First Republic.
The First Austrian Republic, 1920–1932
Authors: Boyer John W. 
Published: October 2022

Abstract
This chapter describes the tumultuous history of the First Republic in Austria, as the state struggled to stabilize its fragile economy after 1920 and then to cope with the ravages of the Depression in the later 1920s and to implement the new republican constitutional framework of governance.The chapter focuses first on the activities of the prominent Catholic leader, Ignaz Seipel, and his strident opposition to the Austrian Socialists, now led by Otto Bauer. The chapter shows Seipel’s slow, but certain move to upend and weaken the Constitution of 1920. On the left, Otto Bauer’s strategy of permanent revolution is contrasted to Karl Renner’s accommodationist pleas, marking the great division of opinion that perplexed and weakened the Austrian Social Democrats as to whether to try to work with the regime or to maintain a virtuous and deeply hostile distance from it. The chapter also presents a comprehensive evaluation of radical social and cultural policy innovations of Red Vienna between 1920 and 1932, focusing on public housing, schools, and public health. What most frustrated the anti-Semitic and Catholic opponents led by Seipel about Red Vienna was that the Social Democratic municipal regime used legally justified administrative methods to transform the urban fabric of Vienna into a more egalitarian society. The chapter ends with the procedural self-destruction of the Austrian parliament (Nationalrat) in March 1933, which opened the door for the radical Catholics led by Dollfuß to set aside the constitution and to impose an authoritarian, semi-dictatorship in 1934.
The Catholic Dictatorship and the Nazi Occupation, 1933‒1945
Authors: Boyer John W. 
Published: October 2022

Abstract
This chapter focuses on the collapse of the Republic and the imposition of an authoritarian regime by Catholic conservatives led by Dollfuß in 1933‒4 and the subsequent conquest and occupation of Austria by Hitler and the Nazis in 1938. Following the implosion of parliament on March 4, 1933 Dollfuß began to undermine key facets of the existing political order. The record before us leads inescapably to the conclusion that Dollfuß was in full control of his Cabinet, and he was only too willing to follow the urgings of those who wanted a swift attack on the Social Democrats, not simply to protect Austria against Nazi Germany but to destroy the hated “Marxist” experiment in Vienna that epitomized all that was wrong with the modern world after 1918. The chapter provides a detailed account of the civil war of February 1934 that empowered Dollfuß’s final victory over the left, his subsequent murder by Nazi thugs in July 1934, and the haphazard efforts of his successor, Kurt von Schuschnigg, to salvage the Catholic dictatorship in the face of the massive popularity of the Nazi menace. The chapter then provides a detailed account of the Nazi takeover in 1938, including a description of the destruction of the Viennese Jewish community and an evaluation of the extent to which ordinary Austrians were involved in or supported the Nazi terror state and the Holocaust from 1938 to 1945. It concludes with the conquest of Vienna by the Red Army in April 1945.
Conclusion
Authors: Boyer John W. 
Published: October 2022

Abstract
The Conclusion briefly takes the narrative of the book from the State Treaty of 1955 to the end of the Socialist government led by Bruno Kreisky in 1983. The political culture of the Republic of Austria that exists today (2022) is essentially the product of the political reconciliation engineered by the Great Coalition between 1945 and 1955 and Kreisky’s massive cultural and social revolution accomplished between 1970 and 1983. Kreisky’s revolution was based on the slow transformation of the Austrian economy to an urban service basis, the radical numerical decline of agrarian voters, the emergence of new social-interest movements related to environmentalism and women’s rights, and the frustration on the part of many younger state officials, educators, media professionals, artists, and journalists about the conservative cultural policy priorities of elements of the Catholics, which seemed to be retarding Austria’s social modernization. Kreisky sought to resolve the profound tensions between Otto Bauer and Karl Renner relating to the strategy and identity of the Social Democratic Party that were discussed in Chapters 8 and 9 of this book. Rather than a social revolution confined to Red Vienna, the egalitarian and libertarian impulses of the 1920s were uploaded into Austrian national culture on a state level. Sensitive to the anti-bureaucratic, youth-based cultural revolutions that were sweeping Western European societies in the 1960s and 1970s, Kreisky brilliantly combined appeals to heightened individual liberty and new private cultural prerogative—abortion rights, higher educational opportunities—with invocations of the eudemonistic power of the state in social welfare.
Reciprocal Freedom
Authors: Weinrib Ernest J. 
Published: October 2022

Abstract
This book continues a decades-long exploration of the theory of private law. Two previous books, The Idea of Private Law and Corrective Justice had presented, respectively, the theory of corrective justice and the analysis of a wide range of specific issues in private law. The present book starts with corrective justice as the structure of the private law relationship and gradually moves outward to situate private law within the wider world of law, dealing with the state’s role in forwarding distributive justice, the horizontal application of constitutional rights to private law, and the rule of law. The book draws on Kant’s legal philosophy to exhibit law, both private and public, as the necessary medium for the reciprocal freedom of all. Central to this enterprise is what Kant called ‘public right’, with its system of public institutions. Throughout these books, four ideas about private law have consistently been in play: (1) fair and coherent reasons for liability are correlative in structure; (2) rights and their correlative obligations provide the content for this structure; (3) the activity of theorizing about private law involves not the construction of a utopia but the understanding of an ongoing normative practice; and (4) a theory of private law is concerned not with producing a determinate code of law, but with explicating the conceptual structure and normative presuppositions of the phenomenon of liability.
Public Right
Authors: Weinrib Ernest J. 
Published: October 2022

Abstract
This chapter deals with the relationship between the rights of private law and what Kant calls ‘public right’, that is, the condition in which public institutions guarantee rights. The rights of private law cannot be enjoyed without their being authoritatively determined and enforced by public institutions. Whereas corrective justice links the parties to a transaction bilaterally through its correlative structure, public right is omnilateral, linking everyone to everyone else. Two normative ideas inform public right: publicness (that public institutions secure everyone’s rights on the basis of reasons that can be known and acknowledged by all) and systematicity (that legal norms and institutions form a systematic whole). The distinctive normative commitments of public right may modify the principle of a court’s decision without, however, changing the structure and content of the private law right itself. Publicness can have this effect, as Kant illustrated in his discussion of market overt. Systematicity operates similarly, sometimes extending and sometimes modulating the effect of the plaintiff’s right. To illustrate this, the chapter presents two doctrines (inducing breach of contract and assignment) that extend the effects of contract from the contracting parties to third parties, and two doctrines (the privilege to preserve property in Vincent v Lake Erie, and liability for private nuisance) that modulate the entitlements to exclude and to use that are indigenous to ownership. Public right thus makes make right-holders reciprocally determining participants in the legal system, thereby transforming private law into a community of rights.