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1
Transforming violent conflict: Radical disagreement, dialogue and survival. London: Routledge, 2010.
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Abdullah, Walid Jumblatt. Islam in a Secular State. NL Amsterdam: Amsterdam University Press, 2021. http://dx.doi.org/10.5117/9789463724012.
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The overtly secular state of Singapore has unapologetically maintained an interventionist approach to governance in the realm of religion. Islam is particularly managed by the state. Muslim activists thus have to meticulously navigate these realities – in addition to being a minority community – in order to maximize their influence in the political system. Significantly, Muslim activists are not a monolith: there exists a multitude of political and theological differences amongst them. Islam in a Secular State: Muslim Activism in Singapore analyses the following categories of Muslim activists: Islamic religious scholars (ulama), liberal Muslims, and the more conservative-minded individuals. Due to constricting political realities, many activists attempt to align themselves with the state, and call upon the state to be an arbiter in their disagreements with other factions. Though there are activists who challenge the state, these are by far in the minority, and are typically unable to assert their influence in a sustained manner. The author draws upon his own experiences as a researcher and as someone who was involved in some of the discourses explored in this book.
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Badea, Andreea, Bruno Boute, Marco Cavarzere, and Steven Broecke, eds. Making Truth in Early Modern Catholicism. NL Amsterdam: Amsterdam University Press, 2021. http://dx.doi.org/10.5117/9789463720526.
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Scholarship has come to value the uncertainties haunting early modern knowledge cultures; indeed, awareness of the fragility and plurality of knowledge is now offered as a key element for understanding early modern science as a whole. Yet early modern actors never questioned the possibility of certainty itself and never objected to the notion that truth is out there, universal, and therefore safe from human manipulation. This book investigates how early modern actors managed not to succumb to postmodern relativism, despite the increasing uncertainties and blatant disagreements about the nature of God, Man, and the Universe. An international and interdisciplinary team of experts in fields ranging from the history of science to theology and the history of ideas analyses a number of practices that were central to maintaining and functionalizing the notion of absolute truth. Through such an interdisciplinary research the book shows how certainty about truth could be achieved, and how early modern society recognized the credibility of a wide plethora of actors in differentiating fields of knowledge.
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Vogt, Katja Maria. Disagreement, Value, Measure. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780190692476.003.0003.
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Chapter 3 reconstructs the largely under-appreciated analysis of value disagreement in Plato’s Euthyphro. The chapter rejects a long-standing agreement among interpreters, namely, that in the Euthyphro Plato takes the pious to be a basic value property. Instead, the chapter argues, the pious is a relational value that presupposes a more fundamental assessment of actions, people, and so on, as good. On the proposed reading, the Euthyphro identifies the good as basic, and it emphasizes that the good is the kind of value people disagree about. The dialogue lays out a research project, one that is to be undertaken rather than already accomplished: how to account for the nature of the good, given pervasive and persistent disagreement and the lack of an established standard to resolve it.
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Mori, Junko. Negotiating Agreement and Disagreement in Japanese: Connective Expressions and Turn Construction (Studies in Discourse and Grammar). John Benjamins Publishing Co, 1999.
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Cookson, Richard, Susan Griffin, Ole F. Norheim, and Anthony J. Culyer, eds. Distributional Cost-Effectiveness Analysis. Oxford University Press, 2020. http://dx.doi.org/10.1093/med/9780198838197.001.0001.
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Distributional cost-effectiveness analysis aims to help healthcare and public health organizations make fairer decisions with better outcomes. Standard cost-effectiveness analysis provides information about total costs and effects. Distributional cost-effectiveness analysis provides additional information about fairness in the distribution of costs and effects—who gains, who loses, and by how much. It can also provide information about the trade-offs that sometimes occur between efficiency objectives such as improving total health and equity objectives such as reducing unfair inequality in health. This is a practical guide to a flexible suite of economic methods for quantifying the equity consequences of health programmes in high-, middle-, and low-income countries. The methods can be tailored and combined in various ways to provide useful information to different decision makers in different countries with different distributional equity concerns. The handbook is primarily aimed at postgraduate students and analysts specializing in cost-effectiveness analysis but is also accessible to a broader audience of health sector academics, practitioners, managers, policymakers, and stakeholders. Part I is an introduction and overview for research commissioners, users, and producers. Parts II and III provide step-by-step technical guidance on how to simulate and evaluate distributions, with accompanying hands-on spreadsheet training exercises. Part IV concludes with discussions about how to handle uncertainty about facts and disagreement about values, and the future challenges facing this young and rapidly evolving field of study.
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Rolfe, Meredith, and Stephanie Chan. Voting and Political Participation. Edited by Jennifer Nicoll Victor, Alexander H. Montgomery, and Mark Lubell. Oxford University Press, 2017. http://dx.doi.org/10.1093/oxfordhb/9780190228217.013.15.
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This chapter reviews the current literature’s findings on how political and social interactions shape voter turnout and other forms of political participation. Current studies, which use a wide range of methodological approaches, from natural experiments and surveys to mathematical modeling, have demonstrated that political networks are a crucial component of any analysis of political behavior. Debates over the potentially negative impact of political disagreement on participation have differentiated the negative impact of political isolation from the neutral impact of heterogenous political discussion environments, while also exploring factors that might moderate an individual’s response to disagreement. Many of the studies reviewed in this chapter reflect an increasing interest in how research design and analysis may be used to disentangle the various mechanisms through which networks might shape political behavior, as well as to distinguish between the relative impact of selection and influence.
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Gratier, Maya, Rebecca Evans, and Ksenija Stevanovic. Negotiations. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780199355914.003.0014.
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This chapter looks at real-life embodied social dynamics between the members of a jazz quartet as they work to record an album in a professional studio. The study is based on audio and video recordings of one of the songs on the album, using data both from the recording booths and from the control room during listening and feedback sessions. In addition, the bass and drum tracks for four takes of the song are analyzed to explore the timing of the rhythmic interactions between drummer and bass player. The first part of the chapter focuses on the verbal negotiations between the bass player and the drummer, highlighting a fundamental disagreement about the value of different takes of the same piece. The second part seeks to disentangle the disagreement on the basis of a more objective analysis of the sound traces left by the musicians.
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List, Christian, and Laura Valentini. The Methodology of Political Theory. Edited by Herman Cappelen, Tamar Szabó Gendler, and John Hawthorne. Oxford University Press, 2016. http://dx.doi.org/10.1093/oxfordhb/9780199668779.013.10.
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This article examines the methodology of a core branch of contemporary political theory or philosophy: “analytic” political theory. After distinguishing political theory from related fields, such as political science, moral philosophy, and legal theory, the article discusses the analysis of political concepts. It then turns to the notions of principles and theories, as distinct from concepts, and reviews the methods of assessing such principles and theories (e.g. the reflective-equilibrium method), for the purpose of justifying or criticizing them. Finally, it looks at a recent debate on how abstract and idealized political theory should be, and assesses the significance of disagreement in political theory. The discussion is carried out from an angle inspired by the philosophy of science.
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Davis, Michael. Whistleblowing. Edited by Hugh LaFollette. Oxford University Press, 2009. http://dx.doi.org/10.1093/oxfordhb/9780199284238.003.0022.
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Whistleblowing is not so much a settled practice as a growing collection of acts in search of a unifying analysis. Indeed, there is even disagreement concerning which acts belong to the collection. This article gives one informed observer's sense of how whistleblowing should be understood, what moral and practical problems whistleblowing (so understood) raises, and how those problems might be resolved. The chief test of my recommendations is whether they help us understand whistleblowing better, not whether they fit usage.
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Marshall, Colin. Knowing that Pain is Bad. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198809685.003.0015.
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This chapter shows how moral knowledge is possible according to Compassionate Moral Realism, and how that view is able to sidestep the two most influential worries about moral realism’s ability to account for moral knowledge. First, an analogous case of knowledge is considered: knowing that two color experiences are similar in comparison to some third. The latter form of knowledge is hard to deny, and can be naturally explained in terms of a conceptual analysis of comparative similarity and reflection on conscious experiences. A parallel explanation, it is argued, can be given of moral knowledge of the badness of pain according to Compassionate Moral Realism. It is then shown that this explanation is not threated by considerations concerning the evolution of our capacities and concerning moral disagreement—in part because of the view’s compatibility with judgment pluralism.
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Finlay, Stephen, and David Plunkett. Quasi-Expressivism about Statements of Law. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198828174.003.0002.
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Speech and thought about what the law is commonly function in practical ways to guide or assess behavior. These functions have often been seen as problematic for legal positivism in the tradition of H.L.A. Hart. One recent response is an expressivist analysis of legal statements. This paper advances a rival, positivist-friendly account of legal statements which the authors call “quasi-expressivist”. It combines a descriptivist, “rule-relational” semantics with a pragmatic account of the expressive and practical functions of legal discourse. This approach is at least as well-equipped as expressivism to explain the practical features of “internal” legal statements and a fundamental kind of legal disagreement, while handling better “external” legal statements. The chapter develops this theory in a Hartian framework, and also argues (against Kevin Toh’s expressivist interpretation) that Hart’s own views in The Concept of Law are best reconstructed along quasi-expressivist lines.
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Gaeta, Paola, and Patryk I. Labuda. Trying Sitting Heads of State. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198810568.003.0007.
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The issue of the exercise of the International Criminal Court’s (ICC) jurisdiction over sitting heads of state is one of the major bones of contention in the tense relationship between the ICC and Africa. Legally, the disagreement revolves around the interpretation of the two rules of the Rome Statute, that is, article 27(2) and article 98(1), concerning the personal immunities. The Al Bashir and Kenyatta cases constitute the litmus test with which the analysis of these rules of the Rome Statute can be carried out to clarify the scope and purport of these two provisions. The Al Bashir case raises two different issues: (i) whether the same immunities preclude the ICC from exercising its adjudicatory jurisdiction over a sitting head of state of a non-member state; (ii) if this is not the case, whether the ICC member states are obliged under the Rome Statute to execute the request by the ICC to arrest and surrender him.
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Rothman, Mitchell S. Interaction of Uruk and Northern Late Chalcolithic Societies in Anatolia. Edited by Gregory McMahon and Sharon Steadman. Oxford University Press, 2012. http://dx.doi.org/10.1093/oxfordhb/9780195376142.013.0037.
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This article presents an overview of the Uruk period. It considers the disagreement over an analysis of the organization and evolution of societies in southeastern and eastern Anatolia represented by a number of key sites. If one accepts, as most people do, that an Uruk Expansion trading system existed, and furthermore, if one accepts that the south had tremendous structural advantages in this trade, does that necessarily imply that Wallerstein's description of the periphery applies to the Mesopotamian case, in particular to the development of northern and Anatolian societies? It is argued that first, the northern societies were involved in this trade, and that it did affect the evolution of these societies; but that, second, they were already developing, so that the nature of this interaction was not the same in extent or kind as in the sixteenth century CE and the indigenous societies of the New World and their initial European colonists.
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Maunder, Chris, ed. The Oxford Handbook of Mary. Oxford University Press, 2019. http://dx.doi.org/10.1093/oxfordhb/9780198792550.001.0001.
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The Oxford Handbook of Mary includes chapters on textual, literary, and media analysis; theology; Church history; art history; studies on devotion in a variety of forms: liturgy, hymns, homilies, prayer, pilgrimage, lived belief and practice; also cultural history; folk tradition; gender analysis; apparitions; and apocalypticism. These have been contributed by a range of scholars, established names in Marian Studies, writing about Mary the mother of Jesus from within their own expertise. The group is international in scope, from the three countries of North America; various nations in Europe; Jerusalem; Taiwan; Australia. As well as those of no religious affiliation, chapters have been written by Jewish, Muslim, and Christian academics, the last group including priests from within the Eastern Orthodox, Roman Catholic, and Anglican traditions. What is shared between everyone in this diverse group is a commitment to academic rigour as well as a special interest in Mary the mother of Jesus, who is known as the Theotokos, Mother of God. The Handbook looks at both Eastern and Western perspectives and tries to correct imbalance in previous books on Mary towards the West. There is also a chapter on Mary in Islam, and on pilgrimages shared by Christian, Muslim, and Jewish adherents. Mary can be a source of theological disagreement, but the emphasis of this volume is on Mary’s rich potential for inter-faith and inter-denominational dialogue and shared experience.
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Kingsbury, Benedict, David M. Malone, Paul Mertenskötter, Richard B. Stewart, Thomas Streinz, and Atsushi Sunami, eds. Megaregulation Contested. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780198825296.001.0001.
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The Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) of 2018 is the most far-reaching “megaregional” economic agreement in force. Japan, the largest economy among the eleven signatory countries, played a leading role in bringing CPTPP into being and in the decision largely to preserve in its provisions the stamp of the original US involvement before the Trump-era reversal. The Trans-Pacific Partnership (TPP) is the first instance of “megaregulation”: a demanding combination of inter-state economic ordering and national regulatory governance on a highly ambitious substantive and transregional scale. Its text and ambition have influenced other negotiations ranging from the Japan–EU Economic Partnership Agreement (JEEPA) and the US–Mexico–Canada Agreement (USMCA) to the projected Pan-Asian Regional Comprehensive Economic Partnership (RCEP). This book provides an extensive analysis of TPP as a megaregulatory project for channeling and managing new pressures of globalization, and of core critical arguments made against economic megaregulation from standpoints of development, inequality, labor rights, environmental interests, corporate capture, and elite governance. Specialized chapters cover supply chains, digital economy, trade facilitation, intellectual property, currency levels, competition and state-owned enterprises, government procurement, investment, prescriptions for national regulation, and the TPP institutions. Country studies include detailed analyses of TPP-related politics and approaches in Japan, Mexico, Brazil, China, India, Indonesia, and Thailand. Contributors include leading practitioners and scholars in law, economics, and political science. At a time when the World Trade Organization (WTO) and other global-scale institutions are struggling with economic nationalism and geopolitics, and bilateral and regional agreements are pressed by public disagreement and incompatibility with digital and capital and value chain flows, the megaregional ambition of TPP is increasingly important as a precedent requiring the close scrutiny this book presents.
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Lichter, S. Robert. Theories of Media Bias. Edited by Kate Kenski and Kathleen Hall Jamieson. Oxford University Press, 2014. http://dx.doi.org/10.1093/oxfordhb/9780199793471.013.44.
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Ideological or partisan media bias is widely debated despite disagreement about its meaning, measurement, and impact. The assumption that news should be objective is itself the object of considerable debate. Assertions of a conservative or establishment bias in the news often draw on critical theory, which argues that news preserves the hegemony of society’s ruling interests. Assertions of liberal bias draw on surveys of journalists’ attitudes and content analyses of news coverage. This case has recently been bolstered by economic modeling. However, numerous content analytic studies have failed to find a liberal bias. This has led to efforts to explain public perceptions of liberal bias in terms of cognitive psychology and elite manipulation. Other explanations include structural biases and media negativism. Internet-driven changes in journalism, including an increase in partisan news, may force a rethinking of the entire debate or even render it irrelevant.
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Lichter, S. Robert. Theories of Media Bias. Edited by Kate Kenski and Kathleen Hall Jamieson. Oxford University Press, 2014. http://dx.doi.org/10.1093/oxfordhb/9780199793471.013.44_update_001.
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Ideological or partisan media bias is widely debated despite disagreement about its meaning, measurement, and impact. The assumption that news should be objective is itself the object of considerable debate. Assertions of a conservative or establishment bias in the news often draw on critical theory, which argues that news preserves the hegemony of society’s ruling interests. Assertions of liberal bias draw on surveys of journalists’ attitudes and content analyses of news coverage. This case has recently been bolstered by economic modeling. However, numerous content analytic studies have failed to find a liberal bias. This has led to efforts to explain public perceptions of liberal bias in terms of cognitive psychology and elite manipulation. Other explanations include structural biases and media negativism. Internet-driven changes in journalism, including an increase in partisan news, may force a rethinking of the entire debate or even render it irrelevant.
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Sienkiewicz, Stefan. Five Modes of Scepticism. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780198798361.001.0001.
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This book offers an account of the functioning of the five Agrippan modes of scepticism as presented in the works of Sextus Empiricus. These five modes (of disagreement, hypothesis, infinite regression, reciprocity, and relativity) are analysed, individually, in the book’s first five chapters, and, collectively, in its sixth. Two perspectives on these modes are distinguished from one another—a dogmatic perspective which considers how a dogmatic philosopher might come to suspend judgement on the basis of these modes and a sceptical perspective which considers how a sceptic might come to do so. It is argued that the standard way in which these modes have been understood has been from a dogmatic perspective. The book opens up an alternative sceptical perspective on the modes according to which mode of disagreement (or one version of it) is equivalent to the sceptic’s method of equipollence, and the modes of hypothesis, infinite regression, and reciprocity are different instances of that method (with the mode of hypothesis being a limiting case of the method). It is also argued that the mode of relativity is inconsistent with the mode of disagreement and should be discarded when considering how the modes work together in a combined sceptical strategy. The final chapter offers an account of four different ways in which the modes might be combined together and concludes that each of these ways turns on a number of theoretical assumptions which the sceptic is not in a position to make.
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Jeutner, Valentin. The Definition of a Legal Dilemma. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198808374.003.0002.
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The first part answers the book’s first question: ‘What is a Legal Dilemma?’ It frames the book’s analysis by offering a stipulative definition of the term legal dilemma and its constitutive components as a term of art. Once defined, the term will then be distinguished from numerous related concepts (Section A), such as legal gaps, disagreements, or paradoxes. The first part also considers various circumstances, including international law’s non-hierarchical nature and fragmentation, which increase the potential frequency with which dilemmas may arise (Section B). Finally, this part introduces a distinction between dilemmas responding to epistemic undecidability and to metaphysical undecidability (Section C).
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Fogelin, Robert J. Introduction. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780190673505.003.0014.
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So far this work has presented an analysis of Hume’s Dialogues Concerning Natural Religion, concentrating on its relationship to central themes in his major philosophical works. I will now widen the scope of this study and examine a number of cases where there have been significant disagreements with respect to the proper understanding of his philosophical standpoint. For example, the nature and role of skepticism in his philosophy has been a controversial topic, one that divides Hume scholars in fundamental ways. At one extreme, Norman Kemp Smith speaks of Hume’s “general policy of stating his skeptical positions with the least possible emphasis compatible with definiteness” (Kemp Smith’s edition of the ...
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Ottilia Anna, Maunganidze, and du Plessis Anton. Part I Context, Challenges, and Constraints, 4 The ICC and the AU. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198705161.003.0004.
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The relationship between the ICC and the AU has become a frequent bone of contention. The impact is naturally political, but it has also had an appreciable influence on ICC practice. This chapter analyses the legal and political background to the persistent disagreement, including the origin and foundation of divergent positions, such as, for instance, on head of state immunity and cooperation duties. It cautions against an oversimplification of ‘African’ views while also highlighting the progress made by some African countries in investigating, prosecuting, and adjudicating international crimes. It further examines the proposed expansion of the African Court of Justice and Human Rights’ jurisdiction to deal with serious crimes, including international crimes, and the implications thereof.
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Macauley, Robert C. Overview of Ethical Approaches (DRAFT). Oxford University Press, 2018. http://dx.doi.org/10.1093/med/9780199313945.003.0002.
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While there exists significant disagreement among bioethicists as to the appropriate course of action in specific cases, there is actually general agreement about how to approach ethical dilemmas. This involves classifying the nature of the dilemma, reviewing existing information, acquiring additional information, analyzing the issue from multiple viewpoints, and formulating a response in light of potential criticisms. Potential analytic viewpoints include principlism, consequentialism, virtue ethics, casuistry, narrative ethics, and the ethics of care. When a clear resolution is not possible, ideally the situation can be temporized or clearly unacceptable options—including rationing at the bedside—eliminated, in the hopes of further resolution eventually occurring.
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Laborde, Cécile. Republicanism. Edited by Michael Freeden and Marc Stears. Oxford University Press, 2013. http://dx.doi.org/10.1093/oxfordhb/9780199585977.013.0029.
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After presenting the recent republican revival, focusing in particular on the neo-republican school of thought, this chapter assesses the exact nature of the differences between liberalism and republicanism, and notably the republicanism of freedom as non-domination associated with Philip Pettit. Drawing on the tools of ideological analysis, as laid out by Michael Freeden, it shows that some of these disagreements are conceptual; others are normative; and yet others are strategic. In particular, republicans have a distinctive understanding of the concept of liberty; their focus on non-domination and ‘anti-power’ shapes a more comprehensive, progressive political agenda; and their language is more effective as a critique of real-world neoliberal politics.
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Vogt, Katja. Who You Are Is What You Eat. Edited by Anne Barnhill, Mark Budolfson, and Tyler Doggett. Oxford University Press, 2018. http://dx.doi.org/10.1093/oxfordhb/9780199372263.013.33.
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This chapter discusses ancient analyses of hunger and thirst, as well as ancient thought about the role of food in cultural identity. The chapter starts with a sketch of hunger and eating in Homer’s Odyssey, argues that Plato considers hunger and thirst as paradigmatic desires, reconstructs Aristotle’s conception of moderation as it relates to food, and explores relativist and skeptic arguments about eating-related diversity and disagreement. The central proposal is that ancient philosophers ask questions about eating that are worth including in food ethics today: questions about the nature of desire, the ways in which people should and should not shape food-related desires, and the ways in which they navigate different cultures by sharing or not sharing their eating habits.
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Wippman, David. Pro-Democratic Intervention. Edited by Marc Weller. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780199673049.003.0037.
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This chapter examines the debates concerning pro-democratic intervention and its implications for the use of force in international relations. It begins by looking at the disagreement over the nature of governmental legitimacy before turning to the legal bases of pro-democratic intervention such as UN Security Council-authorized interventions and interventions by contemporaneous invitation of sitting or recently ousted officials. Interventions by regional organizations and interventions combining two or more of these forms are also discussed. In addition, the chapter considers consent, either by an ousted government or through the use of treaties by regional and sub-regional organizations to authorize military intervention in advance under specified circumstances. Finally, it analyses post-Charter treaties of guarantee and pro-democratic intervention pacts in Africa.
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Edenberg, Elizabeth, and Michael Hannon, eds. Political Epistemology. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780192893338.001.0001.
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As current events around the world have illustrated, epistemological issues are at the center of our political lives. It has become increasingly difficult to discern legitimate sources of evidence, misinformation spreads faster than ever, and the role of truth in politics has allegedly decayed in recent years. It is therefore no coincidence that political discourse is currently saturated with epistemic notions like “post-truth,” “fake news,” “truth decay,” “echo chambers,” and “alternative facts.” This book brings together leading political philosophers and epistemologists to explore ways in which the analytic and conceptual tools of epistemology bear on political philosophy, and vice versa. It is organized around three broad themes: truth and knowledge in politics; epistemic problems for democracy; and disagreement and polarization. This book investigates topics such as: the extent and implications of political ignorance, the value of democratic deliberation, the significance of epistemic considerations for political legitimacy, the epistemology of political disagreement, identity politics, political bullshit, and weaponized skepticism. A premise underlying the development of political epistemology is that, beyond a certain point, progress on certain foundational issues in both political philosophy and epistemology cannot be achieved without sharing insights across fields. By bringing political philosophers into conversation with epistemologists, this volume promotes more cross-pollination of ideas while also highlighting the richness and diversity of political epistemology as a newly emerging field.
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Roger, Halson. 1 The Historical Origins of the ‘Penalty’ Rule. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198785132.003.0001.
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The penalty doctrine has recently been subject to extensive review in the highest appellate courts of the Supreme Court of the UK and the High Court of Australia. Despite the agreement between senior appellate tribunals in the two major common law jurisdictions on the importance of a historical perspective, both propose subtly different historical analyses to justify very different conclusions about the ambit of the modern common law jurisdiction to set aside so-called penalties. This disagreement makes necessary an investigation of the history of the control of penalty clauses back to its earliest origins, in order to understand the modern doctrine. This chapter discusses the early history prior to 1600, later history from 1600 to 1915, and the case of Dunlop Pneumatic Tyre Co v New Garage and Motor Co (1915).
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Dosenrode, Søren. Federalism as a Theory of Regional Integration. Oxford University Press, 2018. http://dx.doi.org/10.1093/acrefore/9780190228637.013.148.
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Federations have existed in a modern form since the constitution of the United States entered into force in 1789. Riker defines a federation as follows (1975, p. 101) “a political organization in which the activities of government are divided between regional governments and a central government in such a way that each kind of government has some activity on which it makes final decision.” The process of getting to the federation, the integration process, is best described as federalism.There is some agreement on the core of what a federation is, and some disagreement over whether to apply the term “federation” strictly to states and state-like actors or in a broader sense. Federations are concrete ways to organize government, but in many writings, they are also given positive attributes, such as enhanced democracy and efficiency, too.There are two ways to think about federalism: as a politico-ideological theory of action and as an academic theory of regional integration. The first theory is propagated by writers such as Richard Coudenhove-Kalergi, Jean Monnet, and Altiero Spinelli. This theory is of political rather than academic interest. Academic theories of regional integration are divided into two groups, following the common practice in international relations theory: liberal theories (by far the largest group) and realist theories.Federalism theory as a theory of regional integration was abandoned too early because, inter alia, it had been linked to the development of the European Community, which was in crisis from the mid-1970s till the mid-1980s. This was a mistake. Federalism theory provides the scholar with at least two tools. First, under the title “federation,” it introduces a large number of theories, methods, and empirical studies on how to analyze the European Union and other regional integration projects. Second, as a federalism theory, especially in the realist or the Riker-McKayian version, it provides a theory of how countries may unite peacefully. This approach must be developed in terms of (a) the concept of threat, which must be broadened to include economic, social, and cultural elements, and (b) the role of a basic common culture, which primarily facilitates the founding of the federation and constitutes the foundation securing the maintenance of the new federation.A brief analysis of the development of today’s European Union, following the realist approach, demonstrates that, broadly speaking, a correspondence exists between threat and the integration process: In times of threat, the process of integration and federalization advances; in periods of peace and no crisis, the integration process stagnates.
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Alexander, Jeffrey C., Ronald N. Jacobs, and Philip Smith, eds. The Oxford Handbook of Cultural Sociology. Oxford University Press, 2017. http://dx.doi.org/10.1093/oxfordhb/9780195377767.001.0001.
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This book examines the independent debates and modes of thought that have developed in the field of cultural sociology. It describes a variety of pathways for engaging in cultural sociology, all of which offer a template for elucidating the ways that meaning shapes social life. It offers an account of the origins of cultural sociology and how it has grown into the maturity it enjoys today, focusing on the so-called “cultural turn”—an epochal transformation in the human sciences—and the need to reflect on what could be learned from adjacent disciplines about cultural analysis. It also explores the major differences and disagreements between a “cultural sociology” and a “sociology of culture,” the impact of cultural sociology on other academic disciplines of inquiry, the tensions within the field, and a cultural sociological approach to power and solidarity.
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Henning, C. Randall. Greece 2012 and Cyprus 2013. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198801801.003.0010.
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Greece posed the greatest challenge among the program countries, while Cyprus, linked to Greece through the banking system and debt restructuring, was the smallest of the country programs. The second Greek program was accompanied by substantial debt relief, but the process of granting it exposed sharp disagreements within the regime complex for crisis finance. The IMF and some euro-area member states advocated private-sector involvement, but split on the sustainability of the remaining official claims on Greece, with the Fund using its debt sustainability analysis as leverage. The case of Cyprus demonstrates that the IMF can be influential even if it contributes a relatively small share of the financing, when it is backed by key creditor states. In both cases, despite substantive conflict, key European creditors adhered faithfully to including the IMF and mediated among the institutions when they became deadlocked.
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Pick, Daniel. 1. Introduction. Oxford University Press, 2015. http://dx.doi.org/10.1093/actrade/9780199226818.003.0001.
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The ‘Introduction’ provides an overview of psychoanalysis, its history, and its development. Psychoanalysis is an original method of therapy that is a form of inquiry, a theory of mind, and a mode of treatment concerned, above all, with the unconscious mind. Founded by Sigmund Freud (1856–1939), it became a movement and set of institutions, inspiring many, but also galvanizing numerous opponents. Freud’s method of free association involves allowing the patient to discuss anything that comes into their mind. The analyst is tasked with attending to possible unconscious meaning in what the patient brings. Critique of psychoanalysis has taken many forms. Sometimes disagreements spurred new ideas and modified techniques within the mainstream tradition.
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Randall, Maya Hertig. The History of the Covenants. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198825890.003.0002.
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Translating the UDHR into a binding treaty ‘with teeth’ was an acid test for the international community. This chapter places the genesis of the ICESCR and the ICCPR in its political context. It highlights the interlocking challenges of the Cold War and of decolonization and also underscores disagreement among allied nations as well as attempts to ‘export’ the domestic conception of human rights. Three issues central to completing the International Bill of Human Rights are analysed: (1) identification of the rights to be included; (2) States’ obligations to give effect to human rights on the domestic level; and (3) international supervision mechanisms. These issues are closely related to the decision to divide human rights into two Covenants. In tracing the major controversies and decisions reached, light is also cast on the relationship and characteristics of civil and political rights and economic, social, and cultural rights, as understood at the time.
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Gutting, Gary. Philosophical Progress. Edited by Herman Cappelen, Tamar Szabó Gendler, and John Hawthorne. Oxford University Press, 2016. http://dx.doi.org/10.1093/oxfordhb/9780199668779.013.2.
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This article begins by reflecting on the Cartesian project of beginning with a skeptically unassailable first truth and from there progressively building up a system of philosophical truths. It then presents a less problematic but similar project associated with contemporary analytic philosophy, noting, however, that it too fails to yield progress in answering the fundamental questions of philosophy. Next, the author examines the idea that philosophy might nonetheless progress in the manner of empirical science, never answering its fundamental questions but generating important intermediary results. Then, giving up the assumption that we need philosophy to ground our pre-philosophical convictions (“philosophical foundationalism”), the author proposes an alternative view of philosophy as providing rigorous theoretical formulations of general pictures, and on this basis, discusses philosophical disagreement, the role of intuitions in philosophy, philosophical knowledge, and the interaction of science and philosophy. Finally, the author presents his conclusions about philosophical progress.
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Kamiński, Tomasz, ed. Overcoming Controversies in East Asia. Wydawnictwo Uniwersytetu Łódzkiego, 2017. http://dx.doi.org/10.18778/8088-758-9.
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Controversies, sometimes bitter controversies, are an inherent element of international relations. Conflicting interests, different values, overlapping spheres of influences… all this make dispute settlement mechanisms crucial elements of international system. Searching for cooperation mechanisms that may help in overcoming existing controversies in Asia is the main topic of this monograph. The monograph is based on the case studies in which authors analyse disagreements as well as collaborations between different actors in Asia. They are chosen different point of views that might be roughly divided into two groups. The first set of authors tries to look at regional or even internal problems that have international impact. The second group gives an outlook on the controversies linked to rising global presence of Asian countries, in particular China.
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Jappelli, Tullio, and Luigi Pistaferri. Conclusions. Oxford University Press, 2017. http://dx.doi.org/10.1093/acprof:oso/9780199383146.003.0015.
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The final chapter summarizes the material covered by the book, offering our perspectives on areas of consent, disagreement, and future research. The book analyzes how consumers respond to changes in their economic environment and react to risks they face during the life cycle. In addressing these issues, the basic life-cycle permanent-income model is augmented with other significant features of consumers’ preferences and environment: precautionary motives for saving, borrowing constraints, life span uncertainty, intergenerational transfers, non-separability between consumption and leisure, habits, and financial sophistication. By and large, one can reconcile some puzzling facts present in the empirical data by means of relatively modest modifications of the basic version of the model, such as provision for home production and non-separable preferences between consumption and leisure. However, in order to explain other “anomalies” and “puzzles” observed in individuals’ actual saving and financial behaviors, more important modifications to the standard framework are required.
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Schwartzberg, Melissa, ed. Protest and Dissent. NYU Press, 2020. http://dx.doi.org/10.18574/nyu/9781479810512.001.0001.
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Protests abound in contemporary political life, including in the United States: One-fifth of Americans reported having participated in a political protest between early 2016 and early 2018. Protest and Dissent examines the justification, strategy, and limits of mass demonstrations and other forms of resistance, drawing, in the distinctive NOMOS fashion, from political science, philosophy, and law. Its linked chapters are informed by African American political thought, Gandhian nonviolence, the history of the Civil Rights Movement, and the dynamics of recent social movements. In the ten chapters of Protest and Dissent, the authors challenge their fellow contributors and readers to reimagine the boundaries between civil and uncivil disagreement, between political reform and radical transformation, and between democratic ends and means. The volume has three parts. The first takes up the justification of civil and uncivil disobedience; the second addresses the strategic logic of political protest; and the third analyzes the democratic implications of protest and dissent, including in comparative perspective.
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St John, Taylor. Supranational Agenda-Setting. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198789918.003.0005.
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Chapter four sets out the context in which the World Bank proposed ICSID and analyzes the Bank’s motivation, resources, and strategy in doing so. World Bank officials had extensive access to privileged information about how governments perceived the proposals for multilateral insurance or a code. World Bank officials chose to set the agenda away from a code or insurance agency and toward arbitration. As they drafted the ICSID Convention, World Bank officials acted within parameters they believed national officials (who could stop their plans) would find acceptable and tailored their Draft Convention to be amenable to the widest possible swath of member states. Bank officials were concerned that distributional disagreements would derail the proposal, so they designed an entirely new, consultative procedure in order to make it nearly impossible for states to derail the drafting process.
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Russell, Paul, ed. The Oxford Handbook of Hume. Oxford University Press, 2014. http://dx.doi.org/10.1093/oxfordhb/9780199742844.001.0001.
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David Hume (1711–1776) is widely regarded as the greatest and most influential of the English-speaking philosophers. The range of his contributions is considerable: covering issues of metaphysics and epistemology, mind and emotion, morality and politics, history, economics, and religion. Although there is little debate about the importance and significance of Hume’s philosophical contributions, there is, nevertheless, considerable debate about the interpretation of his overall philosophical achievement as well as his particular aims and intentions with respect to the specific topics he addresses. Beyond this, there is also considerable disagreement about the critical assessment or plausibility of the various arguments and positions that Hume advances. This collection aims to provide a comprehensive set of analyses and assessments of the key components and aspects of Hume’s philosophical work. The contributions are drawn from among the leading figures of contemporary philosophy and Hume scholarship with a view to providing readers not only with an understanding of the core themes and features of Hume’s philosophy but also with a clear view of the central debates concerning the interpretation and assessment of Hume’s philosophy at the present time. This volume constitutes the most substantial and ambitious collection devoted exclusively to Hume’s philosophy.
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Norah, Gallagher, and Shan Wenhua. Chinese Investment Treaties. Oxford University Press, 2009. http://dx.doi.org/10.1093/law:iic/9780199230259.001.1.
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China's success in attracting foreign direct investment (FDI) in the last decade is undisputed and unprecedented. It is currently the second largest FDI recipient in the world, a success partially due to China's efforts to enter into bilateral investment treaties (BITs) and other international investment instruments. This book is a comprehensive commentary on Chinese BITs. Chinese investment treaties have typically provided international forums for settling investment disputes such as the International Centre for the Settlement of Investment Disputes (ICSID). Given the continuous growth of FDI in China, the emergence of state-investor disagreements in China, and the dramatic rise of investment treaty based arbitrations world wide in recent years, it is anticipated that there will be an increasing number of investment arbitrations involving the central and local governments of China. This book reviews and analyzes China's approach to foreign investment. It considers the current role of investment treaties in China's foreign economic policy, analyzes and interprets the key provisions of the BITs, and discusses the future agenda of China's investment program. It looks at how this investment regime interconnects with the domestic system and considers the implications for a foreign investor in China.
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Gaus, Gerald. The Tyranny of the Ideal. Princeton University Press, 2018. http://dx.doi.org/10.23943/princeton/9780691183428.001.0001.
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This book lays out a vision for how we should theorize about justice in a diverse society. It shows how free and equal people, faced with intractable struggles and irreconcilable conflicts, might share a common moral life shaped by a just framework. The book argues that if we are to take diversity seriously and if moral inquiry is sincere about shaping the world, then the pursuit of idealized and perfect theories of justice—essentially, the entire production of theories of justice that has dominated political philosophy for the past forty years—needs to change. Drawing on recent work in social science and philosophy, the book points to an important paradox: only those in a heterogeneous society—with its various religious, moral, and political perspectives—have a reasonable hope of understanding what an ideally just society would be like. However, due to its very nature, this world could never be collectively devoted to any single ideal. The book defends the moral constitution of this pluralistic, open society, where the very clash and disagreement of ideals spurs all to better understand what their personal ideals of justice happen to be. Presenting an original framework for how we should think about morality, this book rigorously analyzes a theory of ideal justice more suitable for contemporary times.
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Klein, Menachem. Arafat and Abbas. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780190087586.001.0001.
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This landmark volume presents vivid and intimate portraits of Palestinian Presidents Yasser Arafat and Mahmoud Abbas, revealing the impact these different personalities have had on the struggle for national self-determination. Arafat and Abbas lived in Palestine as young children. Uprooted by the 1948 war, they returned in 1994 to serve as the first and second presidents of the Palestinian Authority, the establishment of which has been the Palestine Liberation Organization’s greatest step towards self-determination for the Palestinian nation. Both Arafat and Abbas were shaped by earlier careers in the PLO, and each adopted their own controversial leadership methods and decision-making styles. Drawing on primary sources in Arabic, Hebrew and English, Klein gives special attention to the lesser-known Abbas: his beliefs and his disagreements with Israeli and American counterparts. The book uncovers new details about Abbas’ peace talks and US foreign policy towards Palestine, and analyses the political evolution of Hamas and Abbas’ succession struggle. Klein also highlights the tension between the ageing leader and his society. Arafat and Abbas offers a comprehensive and balanced account of the Palestinian Authority’s achievements and failures over its twenty-five years of existence. What emerges is a Palestinian nationalism that refuses to disappear.
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Larmore, Charles. What Is Political Philosophy? Princeton University Press, 2020. http://dx.doi.org/10.23943/princeton/9780691179148.001.0001.
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What is political philosophy? What are its fundamental problems? And how should it be distinguished from moral philosophy? This book redefines the distinctive aims of political philosophy, reformulating in this light the basis of a liberal understanding of politics. Because political life is characterized by deep and enduring conflict between rival interests and differing moral ideals, the core problems of political philosophy are the regulation of conflict and the conditions under which the members of society may thus be made subject to political authority. We cannot assume that reason will lead to unanimity about these matters because individuals hold different moral convictions. The book therefore analyzes the concept of reasonable disagreement and investigates the ways we can adjudicate conflicts among people who reasonably disagree about the nature of the human good and the proper basis of political society. Challenging both the classical liberalism of Locke, Kant, and Mill, and more recent theories of political realism proposed by Bernard Williams and others, the book argues for a version of political liberalism that is centered on political legitimacy rather than on social justice, and that aims to be well suited to our times rather than universally valid. It proposes a new definition of political philosophy and demonstrates the profound implications of that definition. The result is a compelling and distinctive intervention from a major political philosopher.
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Davis, Kevin E. Between Impunity and Imperialism. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780190070809.001.0001.
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Between Impunity and Imperialism: The Regulation of Transnational Bribery describes the legal regime that regulates transnational bribery, identifies and explains the rationales that have guided its evolution, and suggests directions for reform. The broad argument is that the current regime embodies a set of values, theories, and practices labeled the “OECD paradigm.” A key premise is that transnational bribery is a serious problem which merits a vigorous legal response, particularly given the difficulty of detecting instances of bribery. The shape of the appropriate response can be summed up in the phrase, “every little bit helps.” In practice this means that: prohibitions should capture a broad range of conduct; enforcement should target as broad a range of actors as possible; sanctions should be as stiff as possible; and as many enforcement agencies as possible should be involved in the enforcement process. The OECD paradigm embraces two interrelated propositions: that transnational bribery is a serious problem and that it demands a uniform response. An important challenge to the OECD paradigm, labeled the “anti-imperialist critique,” accepts that transnational bribery is a serious problem but denies that the appropriate legal responses must be uniform. This book explores both the OECD paradigm and the anti-imperialist critique, and provides a detailed analysis of their implications for the key elements of transnational bribery law. It concludes by suggesting that the competing views can be reconciled by moving toward a more inclusive and experimentalist regime which accommodates reasonable disagreements about regulatory design and is crafted with due attention to the interests of all affected parties.
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O’Reilly, Maria. Feminism and the Politics of Difference. Oxford University Press, 2017. http://dx.doi.org/10.1093/acrefore/9780190846626.013.177.
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Feminist scholars and practitioners have challenged—and sought to overcome—gendered forms of inequality, subordination, or oppression within a variety of political, economic, and social contexts. However, feminists have been embroiled in profound theoretical disagreements over a variety of issues, including the nature and significance of the relationship between culture and the production of gendered social life, as well as the implications of cultural location for women’s agency, feminist knowledge production, and the possibilities of building cross-cultural feminist coalitions and agendas. Many of the approaches that emerged in the “first” and “second waves” of feminist scholarship and activism were not able to effectively engage with questions of culture. Women of color and ethnicity, postcolonial feminists and poststructural feminists, in addition to the questions and debates raised by liberal feminists (and their critics) on the implications of multiculturalism for feminist goals, have produced scholarship that highlights issues of cultural difference, division, diversity, and differentiation. Their critiques of the “universalism” and “culture-blindness” of second wave theories and practices exposed the hegemonic and exclusionary tendencies of the feminist movement in the global North, and opened up the opportunity to develop intersectional analyses and feminist identity politics, thereby shifting issues of cultural diversity and difference from the margins to the center of international feminism. The debates on cultural difference, division, diversity, and differentiation have enriched feminist scholarship within the discipline of international relations, particularly after 9/11.
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Church, David. Post-Horror. Edinburgh University Press, 2021. http://dx.doi.org/10.3366/edinburgh/9781474475884.001.0001.
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Horror’s longstanding reputation as a popular but culturally denigrated genre has been challenged by a new wave of films mixing arthouse minimalism with established genre conventions. Variously dubbed “elevated horror” and “post-horror” in popular film criticism, texts such as The Babadook, It Follows, The Witch, It Comes at Night, Get Out, The Invitation, Hereditary, Midsommar, A Ghost Story, and mother! represent an emerging nexus of taste, politics, and style that has often earned outsized acclaim from high-minded critics and populist rejection by wider audiences. Post-Horror is the first full-length study of one of the most important and divisive movements in twenty-first-century horror cinema. It argues that the affect produced by these films’ minimalist aesthetic has fueled taste-based disagreements between professional film critics, genre fans, and more casual viewers about whether the horror genre can or should be upheld as more than a populist entertainment form, especially as the genre turned away from the post-9/11 debates about graphic violence that consumed the first decade of the twenty-first century. The book thus explores the aesthetic qualities, historical precursors, affective resonances, and thematic concerns of this emerging cycle by situating these texts within revived debates between over the genre’s larger artistic, cultural, and entertainment value. Chapters include thematic analyses of trauma, gaslighting, landscape, existential dread, and political identity across a range of films straddling the line between art-horror and multiplex fare since approximately 2013.
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Montgomery, Alan. Classical Caledonia. Edinburgh University Press, 2020. http://dx.doi.org/10.3366/edinburgh/9781474445641.001.0001.
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Classical Caledonia explores eighteenth-century attitudes towards Scotland’s ancient history and heritage, looking in particular at how Roman Scotland was interpreted at this time. It discusses the research of early modern antiquarians and historians both north and south of the border and looks at how Scotland’s ancient past was often misinterpreted and manipulated in attempts to create a new national identity for a country undergoing rapid and dramatic change. The book uncovers the political, patriotic and intellectual influences which fuelled the heated eighteenth-century debates surrounding the success or failure of the Roman conquests of Scotland, a place sometimes referred to in ancient sources as ‘Caledonia’, and the disagreements regarding the impact of Roman invasion on the evolution of the modern nation. Analysing the period’s historiography, antiquarianism, political propaganda and literature, Classical Caledonia investigates the widespread interest in Scotland’s Roman past during the eighteenth century and reveals the influence of folklore, myth and tradition on the accounts of Scotland’s ancient tribes and their supposed resistance to conquest by the Roman Empire. It also examines the fading interest in the subject of Roman Scotland in the later eighteenth and early nineteenth centuries, as the Scottish Enlightenment and the rise of Romanticism and associated notions of the nation’s origins overtook the desire to establish a classical heritage in the region north of Hadrian’s Wall.
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Skorupski, John. Being and Freedom. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198716761.001.0001.
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Being and Freedom is an account of ethics in Europe from the French Revolution: a phase of philosophical ethics whose influence ran far beyond philosophy, eventually dominating politics and religion in the West. Developments came from France, Germany, and Britain. This book is currently the only study that treats them together as a Europe-wide phenomenon. The first chapter covers the philosophical conflict at the heart of the French Revolution, between the individualism of the Enlightenment and two very different forms of holistic ethics: the old regime’s ethic of service and the radical-democracy of the Rousseauian left. Responses analysing modern freedom and democracy came from a series of French liberal thinkers. In Germany the reaction was to two revolutions seen as inaugurating modernity—the political revolution in France and the philosophical revolution of Kant. Here the fate of religion was critical; with it the metaphysics of being and freedom. The story is traced from Kant to Hegel’s idealist version of ethical holism. In Britain, Enlightenment naturalism remained the prevailing framework. It took different forms: ‘common sense’ and the theory of the sentiments in Scotland, utilitarianism in England. From these elements came a synthesis of European themes by John Stuart Mill—comparable in range but opposed to that of Hegel. This period’s ethical ideas remain the core of late modern ethics and the contested ground on which ethical disagreements take place today. The final chapter is a retrospective and assessment.
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Lafont, Cristina. Democracy without Shortcuts. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780198848189.001.0001.
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This book articulates a participatory conception of deliberative democracy that takes the democratic ideal of self-government seriously. It aims to improve citizens’ democratic control and vindicate the value of citizens’ participation against conceptions that threaten to undermine it. The book critically analyzes deep pluralist, epistocratic, and lottocratic conceptions of democracy. Their defenders propose various institutional “shortcuts” to help solve problems of democratic governance such as overcoming disagreements, citizens’ political ignorance, or poor-quality deliberation. However, it turns out that these shortcut proposals all require citizens to blindly defer to actors over whose decisions they cannot exercise control. Implementing such proposals would therefore undermine democracy. Moreover, it seems naïve to assume that a community can reach better outcomes “faster” if it bypasses the beliefs and attitudes of its citizens. Unfortunately, there are no “shortcuts” to making a community better than its members. The only road to better outcomes is the long, participatory road that is taken when citizens forge a collective will by changing one another’s hearts and minds. However difficult the process of justifying political decisions to one another may be, skipping it cannot get us any closer to the democratic ideal. Starting from this conviction, the author defends a conception of democracy “without shortcuts.” This conception sheds new light on long-standing debates about the proper scope of public reason, the role of religion in politics, and the democratic legitimacy of judicial review. It also proposes new ways to unleash the democratic potential of institutional innovations such as deliberative minipublics.