bluuebunny/crossref_metadata_2025_split huggingface dataset:
Seven Modalities of Silence
Authors: Freeden Michael 
Published: October 2022

AbstractSilence is analysed in seven concealed modalities: the unthinkable, the unspeakable/unsayable, the ineffable, the inarticulable, the unnoticeable, the unknowable, and the unconceptualizable. The unthinkable mainly refers to unacceptable or highly unlikely occurences. The unspeakable is considered too repulsive or outrageous to voice. It both overlaps with and differs from the unsayable inasmuch as the latter can signify something that cannot be said because there is no possibility of either saying or naming it. The ineffable often relates to sacred or divine qualities, or approached through Derrida’s notion of différance. The inarticulable can follow from a deficiency of linguistic expression or be identified in psychoanalysis as repression, blockage, or trauma. The first four modalities concern the ways in which silence intervenes in and manages human expressiveness. The sixth and seventh relate to silences at the very limits of epistemological or ontological reach. The unknowable pertains to a fundamental lack of information, while the unconceptualizable refers to the unavailability of an intellectual and cultural apparatus through which certain kinds of knowledge can be processed. The fifth—the unnoticeable—is an outlier both to the first four and to the last two. It shares with the former the presence of epistemological constraints on conveying knowledge. It shares with the latter the presence of circumstances that sever the accessibility of human agency to evidence or knowledge. They are reflected in Bourdieu’s phrase ‘it goes without saying because it comes without saying’.
Silence in Language and Communication
Authors: Freeden Michael 
Published: October 2022

AbstractSilence is a form of communication, with its rhythms and patterns. Linguists record that although silence is crucially assimilated into discourse, smaller silences invariably intersperse speech and bisect it, extensively as well as minutely. Silences mark rhetorical emphases or disjunctive hiatuses and pauses making up segments of speech. Their written occurrences can be registered mechanically as punctuation, dashes, ellipses, or paragraphs, and gaps in the printed page, downgrading silence as a source of mystique or power. Social interaction is normally a flow of language disrupted by silences. Politically, silences are a way of exercising power, deliberate or unintentional, on the co-conversant. They can control time in a conversation, delineate human separation or integration, or curtail interaction. And they can defuse and adjust the tensions posed by spontaneity and indeterminacy. In some linguistic theories speech is prioritized over silence—the latter ranked as exceptional or ‘abnormal’. But the semantic properties of communication, as displayed in the theatre of the absurd, accord silence equal pegging with speech, being inextricably intermeshed with it. In Pinter’s oeuvre silences are miscommunications, often isolating and menacing; in Beckett’s works, words are frequently bereft of semantic import, ostensibly signifying nothing, while paradoxically conveying a nihilistic message.
State and Government Silences
Authors: Freeden Michael 
Published: October 2022

AbstractState silences can be self-assumed when a decision is taken—in its basic constitutional arrangements, or through its agents—to abstain from publicizing a view, or from entering into a performative act, that could be listened to, read, or understood by a relevant grouping. Typical areas may concern issues of abortion, the subscription to religious beliefs, sexual practices, or juridical procedures. A state’s silence can also be the result of governmental ignorance or the opacity of certain individual and social practices. Constitutions supply permanent absences, abeyances, and gaps, obscure and unwritten, through which the potential build-up of political pressure can be averted. Governmental silence as quietude can be perceived as a political expectation. Silence often emerges under the guise of neutrality as removing the state from certain classes of debate and contestation. It may have an ethical underpinning or be a way of dealing with intractable contestations. Rules regulating parliamentary or electoral procedures, such as catching the Speaker’s eye and majoritarian ‘winner takes all’ systems, inevitably serve as silencing devices. National commemoration involves a distribution of significance in ranking and acting out silences and in covering up other memories. Some centrally endorsed silences reinforce the singularity of authority. And recently, the right to erase one’s digital history is developing as a claim towards the state.
Creative Destruction
Authors: Marchi Simone 
Published: October 2022

Abstract
This chapter looks into the theories on the formation of the Solar System. It includes short summaries of ancient myths about how the world was formed. This chapter regards collisions as responsible for the growth of terrestrial planets and the Solar System. Collisions are also a means of bringing together different components and creating new possibilities. In addition, it also cites the possibility of collisions forming another Earth-like planet. NASA’s Kepler satellite, commissioned in order to measure planet dimensions and to look for more exoplanets, is considered as a game changer. It is hoped that as technologies like the telescope continue to become more powerful, more exploration of life on other planets can be conducted and studies of celestial bodies will become more accurate.
Theocratic linguistics
Authors: Machan Tim William 
Published: October 2022

AbstractBeginning with the biblical account of the Tower of Babel, social narratives of language history have relied on two crucial declaratives. The first regards the nature of language itself—specifically, that as a means of communal interaction as well as semantic communication, language is, ontologically, social as well as structural. The second regards the import of how languages and sociolinguistic contexts relate to one other. Their relations may be understood to be causative, resultative, or mimetic, but, given the first declarative, they cannot be merely coincidental, since that would mean that they are not (as the narrative requires) fundamental to a language’s ontology. Put another way, from the perspective of language as a social semiotic, explanations of language change are as socially encoded and motivated as are the changes themselves.
The Institutional Response
Authors: Mantzari Despoina 
Published: October 2022

Abstract
This chapter examines the determinants of judicial scrutiny of economic evidence at the specialist UK Competition Appeal Tribunal. These range from the Tribunal’s membership and composition, its subject-matter expertise, its own self perception of its role, the standard of review applied, the Tribunal’s rules of procedure, and the polycentric nature of the decisions under review. The chapter discusses the interplay of two different situations: the ‘specialist/specialist’ situation, which concerns the Tribunal’s scrutiny of economic evidence enshrined in regulatory agencies’ decisions, and the ‘generalist/specialist’ situation, which concerns the Court of Appeal’s review of the CAT’s determinations. This tripartite relationship between the expert regulators, the specialist CAT, and the generalist Court of Appeal gives rise to a varying intensity of review. The chapter shows that the status of the reviewing court and its access to epistemic competence is an important factor, but not a dispositive one, in determining the degree of judicial scrutiny of economic evidence, due to the polycentricity of regulatory disputes.
Trust Me, I’m a Doctor
Authors: Zecher Jonathan L. 
Published: October 2022

Abstract
This chapter examines some of the conditions of medicine as cultural production in the late antique Mediterranean. Hippocratic, or Galenic, medicine was one of a number of arts and activities that pertained to healing bodies and souls in late antiquity. This variety contributed both to cooperation among different groups and competition between them, in what Vivian Nutton called “the medical marketplace.” The rise of Christianity led to some changes in market conditions, like the turn from Asclepian temples to holy peoples’ shrines for healing. Nevertheless, to a great extent, competition for patients still meant a competition for trust and perception as an expert in relevant domains of knowledge. Physicians articulated their expertise through ethical considerations, which aimed especially at maintaining relationships of trust while safeguarding reputations as effective healers and honest dealers. Intertwined with ethical considerations, healers engaged regularly in rhetorical persuasion and self-presentation, in both public and more private settings. Ethical, rhetorical, and even mannerly considerations together create images of expertise and reliability on which other professions—and spiritual directors—traded.
The Relational Constitution of Agreement (1)
Authors: Campbell David 
Published: October 2022

Abstract
An essential element of the market economy’s claim to legitimacy is that it is a system of consumer sovereignty. This claim is fundamentally challenged by various forms of the argument that it is business organisations, rather than consumers, which ultimately determine the pattern of production and consumption in the market economies. A principal regulatory function of the law of contract is to ensure that when a consumer reveals her or his preferences by making a choice to exchange, the exchange is a product of her or his agreement. This cannot be a question of supplying ever increasing information, but must be a question of bracketing off many potential issues in order to make choice possible. The law of contract principally does this through the implication of terms in fact. Focusing on the principal terms implied in sales of goods, it is shown that these impose moral obligations on seller’s to satisfy the reasonable demands of consumers. Far from being a market of caveat emptor in which the business seller can pursue profit in a solipsistically self-interested manner, satisfaction of the conditions of welfare enhancing exchange means that the general market economy is an economy of caveat venditor.
The Relational Constitution of Bargain (2)
Authors: Campbell David 
Published: October 2022

Abstract
The principle that no inquiry will be made into the adequacy of consideration is so obvious an implication of a law of contract that seeks to actualise autonomy of choice that there seems to be no case law challenge to the basic idea. But common law and statutory challenges which, approaching from the principle’s periphery, call the principle into question, have been mounted on numerous grounds, clustered around the idea of inequality of bargaining power. But what is described as inequality of bargaining power must, of course, be a characteristic property of any empirical economy of imperfect or monopoly competition, and it is not inequality of bargaining power as such that is a mischief but its exploitation in pursuit of solipsistic self-interest. A law of contract which was not seen to be fair would lack moral and political force, but the law clustered around inequality of bargaining power very badly confuses substantive unfairness, which is inimical to contract, with procedural fairness, which is essential. A law of contract based on procedural fairness must leave overt questions about the egalitarian distribution of income aside in order to institutionalise contractual justice, which requires active steps be taken to make give effect to distribution by desert. The laws clustered around inequality of bargaining power do display some recognition of this.
Reasons and Fittingness
Authors: Naar Hichem 
Published: October 2022

Abstract
Asking whether there are reasons to love others, or whether love can be appropriate or fitting, is pointless if we are completely in the dark about the nature of normative reasons and fittingness. Informed by the philosophy of normativity, this chapter provides some apparatus essential for the discussion over reasons for love to go forward. The chapter motivates a link between normative reasons and fittingness, elucidates the notion of reason at play in the debate, and provides a discussion of the various background conditions on reasons. The latter task will turn out to be particularly crucial in the context of a defense of the rationality of love.
The Political Economy of Investment Arbitration
Authors: Phillips Williams Zoe 
Published: October 2022

Abstract
The Political Economy of Investment Arbitration asks how political institutions and actors in the host state of an investment contribute to the emergence of investor–state disputes. Combining insights from international relations and political economy, it considers two opposing explanations for investor–state disputes: shifting state preferences towards foreign direct investment (FDI) and the lack of state capacity to maintain an investment-friendly environment. This book’s central conclusion is that democratic institutions in host states contribute to the emergence of investor–state disputes that end in international arbitration. Indeed, the book argues that at the heart of many investor–state disputes are highly politicized distributional conflicts involving a range of domestic interest groups. It is often pressure from these groups, whether through voting, protests, or lobbying, which motivates states to take the policy decisions that are subsequently subject to investors’ legal challenges. Thus, this book demonstrates that in the face of the potentially high costs posed by investment arbitration, governments continue to take measures which may harm investors in order to pursue specific policy goals. More importantly, these disputes are not only the result of corruption or weak rule of law but also of measures which are taken at the behest of broader interest groups and relate to clear public policy concerns. This has important implications for our normative assessment of the regime and is highly relevant to current debates in both international law and international political economy about the relationship between investment treaties and domestic politics.
The Constitutionalization of Human Rights Law
Authors: Meili Stephen 
Published: October 2022

Abstract
The Constitutionalization of Human Rights Law analyzes how lawyers representing refugees use human rights provisions in national constitutions to close the gap between law on the books and how that law is implemented by focusing on five countries (Colombia, Mexico, South Africa, Uganda, the United States) and how lawyers adapt creatively to social, political, and legal contexts. Many refugee-receiving states openly reject or passively ignore their obligation under international law to protect refugees. Given that law’s growing irrelevance, cause lawyers have turned to constitutionalized human rights law. While many countries are likely to have included such provisions in their Constitutions without intending to fulfill their commitments, cause lawyers have seized on them as a more enforceable means of rights protection. This book proposes a theory of a continuum of ever-more ambitious methods through which cause lawyers use constitutionalized human rights law to benefit refugees. Lawyers use different tools as they move along this continuum, including strategic litigation, training governmental officials in the applicable law, and various forms of informal advocacy. As to the effectiveness of human rights treaties, this book provides qualitative evidence of how such treaties achieve greater significance when incorporated into national constitutions. As to refugee law, it analyzes how international protections for refugees become stronger when domestic lawyers enforce them through national constitutions. And as to cause lawyering, it shows how refugee lawyers use constitutionalized human rights law to protect their clients.
Theory
Authors: Meili Stephen 
Published: October 2022

Abstract
The theoretical framework, discussed in this chapter, for this book lies at the intersection of three subgenres in socio-legal research: human rights treaty effectiveness, refugee law, and cause lawyering. It is at that intersection where we can analyze how refugee lawyers attempt to bridge the gap between human rights violations suffered by refugees and the constitutional provisions that, in theory at least, prohibit them. With regard to the effectiveness of human rights treaties, it provides important qualitative evidence of the ways that such treaties achieve greater significance when they are incorporated into national constitutions. With regard to refugee law, it suggests how international protections for refugees become stronger in the hands of domestic lawyers seeking to enforce them through national constitutions. And with regard to cause lawyering, it shows how refugee lawyers put constitutionalized human rights law into action. In addition to its contributions to scholarship, this book also contributes to effective cause lawyering on behalf of refugees. Given the recent retreat from refugee protection in many parts of the world, effective legal representation of this most marginalized group has become more important than ever. Constitutional rights are more difficult for state actors to ignore and easier for lawyers to utilize in domestic courts. This book analyzes the opportunities—and the obstacles—that present themselves when lawyers attempt to apply constitutionalized human rights to refugees.
Colombia
Authors: Meili Stephen 
Published: October 2022

Abstract
Unlike the other countries analyzed in this book, Colombia had little experience with refugees and asylum-seekers until very recently. For most of its history, Colombia has been a country of emigration rather than immigration. As a result, it was ill-prepared for the unprecedented number of Venezuelan migrants and asylum-seekers who have entered the country in the last few years. This has rendered its response to the current crisis ad hoc and reactive. On the other hand, Colombia features some of the characteristics typically associated with effective utilization of constitutionalized human rights law on behalf of refugees and asylum-seekers: a rights-based Constitution, a strong Constitutional Court, and a small but determined subset of civil society devoted to the protection of non-citizens. This chapter explores how refugee lawyers operating within this context have attempted to utilize the Constitution—and other legal avenues—to extend human rights protection to the recent influx of Venezuelans crossing the border into Colombia. In this way, Colombia serves as something of an emerging test case to demonstrate how constitutionalized human rights law might be most effectively utilized at the earliest stages of a nation’s experience with a large-scale influx of refugees. For Colombia to emerge as a model, however, its refugee lawyers will need to consider the process strategically through which the constitutionalized human rights of refugees and asylum-seekers receive protection.
Introduction: Science and the Pursuit of Knowledge
Authors: Bird Alexander 
Published: October 2022

Abstract
This chapter introduce the two central themes of this book: the importance of knowledge in science and philosophy of science, and the thoroughgoing rejection of empiricism. These themes are illustrated with some brief remarks on the history of science and then through three more detailed examples of modern science from palaeontology, meteorology, and particle physics. The chapter concludes with a synopsis of the remainder of the book.
The Aim of Science
Authors: Bird Alexander 
Published: October 2022

Abstract
This chapter argues that the aim of science is the production of scientific knowledge. It sets up a parallel between the institution of science and the cognitive faculty of belief. The aim of belief is knowledge, and likewise the aim of science is knowledge. The ‘aim of belief ’ and ‘the aim of science’ are to be understood not in terms of intentions but instead in terms of ‘norms of correctness’. These norms of correctness stem from the fact that belief and science each have a constitutive function—true belief and true accepted hypotheses. A belief or a hypothesis meets the norms of correctness when it is the product of a properly functioning cognitive or scientific system. A system that has the function of producing truth may malfunction and produce falsehood or accidental truth. When such as system is functioning properly the product is knowledge.
Scientific Progress
Authors: Bird Alexander 
Published: October 2022

Abstract
The preceding chapter argued that the aim of science is the production of scientific knowledge. This chapter argues for the corresponding claim about scientific progress: scientific progress is the accumulation of scientific knowledge. This exemplifies the epistemic approach to progress, according to which an episode must meet certain epistemic standards for it to be progressive. This chapter contrasts this account with the views that hold that progress is increasing verisimilitude or increasing problem-solving power. These lack an epistemic element (at least when understood externalistically), which make progress too easy. This chapter also contrasts the cumulative knowledge account with the noetic account, which links progress to understanding, where the latter is taken to concern explanatory and predictive power. This view is over-demanding, since there are contributions to knowledge that do not involve addition of understanding (or explanatory or predictive power).
Science as Social Knowing
Authors: Bird Alexander 
Published: October 2022

Abstract
Science is an institution. It is a social entity, as are the communities of specialists in a particular field, learned societies, and research groups. Knowledge is often attributed to such groups. What does it mean to say that a group knows something? How does the epistemology of groups relate to the epistemology of individuals? This chapter contrasts two general approaches to social knowing: the supervenience approach—social states supervene on the states and behaviour of individuals; and the analogy approach—social states are analogues of individual states. The exemplar of the supervenience approach is the commitment model, so called because a group believes a proposition when the individuals in the group are jointly committed to letting that proposition stand as the view of the group. The exemplar of the analogy approach is the distributed model. According to this model,there are social structures that have cognitive functions—social cognitive systems—within which individuals typically have distinct functional roles, roles that are often mediated by physical infrastructure. This chapter argues in favour of the analogy approach and of the distributed model in particular. Social knowing neither reduces to nor even supervenes on the epistemic or other mental states of individuals. Its supervenience basis includes the material means of information production, storage, and exchange. The Durkheimian sociology introduced in Chapter 2 is extended to show that science, characterized by distributed cognition, really does consist of social entities capable of possessing cognitive states.