Pub Date : 2018-11-22DOI: 10.1093/OSO/9780190885267.001.0001
Deonnie Moodie
This book is about what temples do for Hindus in the modern era, particularly those who belong to India’s diverse and evolving middle classes. While many excoriate these sites as emblematic of all that is backward about Hinduism and India, many others work to modernize them so that they might become emblems of a proud heritage and of the nation’s future. I take Kālīghāṭ Temple, a powerful pilgrimage site dedicated to the dark goddess Kālī, in Kolkata (formerly Calcutta) as a case study in the phenomenon by which middle-class Hindus work to modernize temples. At the height of the colonial era in the 1890s, they wrote books and articles attaching this temple to both rationalist and spiritual forms of Hinduism. In the middle decades of the twentieth century, they filed and adjudicated lawsuits to secularize and democratize its management structure. Today, in the wake of India’s economic liberalization, they work to gentrify Kālīghāṭ’s physical spaces. The conceptual, institutional, and physical forms of this religious site are thus facets through which middle-class Hindus produce and publicize their modernity, as well as their cities’ and their nation’s. The use of Kālīghāṭ as a means to modernization is by no means uncontested. The temple plays a very different role in the lives and livelihoods of individuals from across the class spectrum. The future of this and other temples across India thus relies on complex negotiations between actors of multiple class backgrounds who read their various needs onto these sites.
{"title":"The Making of a Modern Temple and a Hindu City","authors":"Deonnie Moodie","doi":"10.1093/OSO/9780190885267.001.0001","DOIUrl":"https://doi.org/10.1093/OSO/9780190885267.001.0001","url":null,"abstract":"This book is about what temples do for Hindus in the modern era, particularly those who belong to India’s diverse and evolving middle classes. While many excoriate these sites as emblematic of all that is backward about Hinduism and India, many others work to modernize them so that they might become emblems of a proud heritage and of the nation’s future. I take Kālīghāṭ Temple, a powerful pilgrimage site dedicated to the dark goddess Kālī, in Kolkata (formerly Calcutta) as a case study in the phenomenon by which middle-class Hindus work to modernize temples. At the height of the colonial era in the 1890s, they wrote books and articles attaching this temple to both rationalist and spiritual forms of Hinduism. In the middle decades of the twentieth century, they filed and adjudicated lawsuits to secularize and democratize its management structure. Today, in the wake of India’s economic liberalization, they work to gentrify Kālīghāṭ’s physical spaces. The conceptual, institutional, and physical forms of this religious site are thus facets through which middle-class Hindus produce and publicize their modernity, as well as their cities’ and their nation’s. The use of Kālīghāṭ as a means to modernization is by no means uncontested. The temple plays a very different role in the lives and livelihoods of individuals from across the class spectrum. The future of this and other temples across India thus relies on complex negotiations between actors of multiple class backgrounds who read their various needs onto these sites.","PeriodicalId":308769,"journal":{"name":"Oxford Scholarship Online","volume":"227 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-11-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114537952","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-11-22DOI: 10.1093/oso/9780190923846.003.0001
G. Capaldo
The expansion of the global constitutional principle of no-impunity and its application to serious violations of social and economic rights are part of the process of constitutionalization of global law and its principles through jurisprudential cross-fertilization. The author identifies in the ECJ’s innovative approach to serious tax frauds in the Taricco judgment an opportunity to develop a judicial dialogue between international and national courts aimed at strengthening the paradigm of the no-impunity-imprescriptibility of the new criminal jurisdiction centered on the International Criminal Court (ICC). As announced in the Policy Paper on Case Selection and Prioritisation (PCSP), the ICC will now expand its focus on prosecuting with national governments such serious crimes as “financial crimes”. The ICC is not formally extending its jurisdiction to these cases, but this process has begun—based on the Rome Statute that recognizes that serious international crimes “threaten the peace, security and well-being of the world”.
{"title":"Getting to a Global Constitution Expanding Human Rights Law","authors":"G. Capaldo","doi":"10.1093/oso/9780190923846.003.0001","DOIUrl":"https://doi.org/10.1093/oso/9780190923846.003.0001","url":null,"abstract":"The expansion of the global constitutional principle of no-impunity and its application to serious violations of social and economic rights are part of the process of constitutionalization of global law and its principles through jurisprudential cross-fertilization. The author identifies in the ECJ’s innovative approach to serious tax frauds in the Taricco judgment an opportunity to develop a judicial dialogue between international and national courts aimed at strengthening the paradigm of the no-impunity-imprescriptibility of the new criminal jurisdiction centered on the International Criminal Court (ICC). As announced in the Policy Paper on Case Selection and Prioritisation (PCSP), the ICC will now expand its focus on prosecuting with national governments such serious crimes as “financial crimes”. The ICC is not formally extending its jurisdiction to these cases, but this process has begun—based on the Rome Statute that recognizes that serious international crimes “threaten the peace, security and well-being of the world”.","PeriodicalId":308769,"journal":{"name":"Oxford Scholarship Online","volume":"137 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-11-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116179804","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-11-22DOI: 10.1093/OSO/9780198813507.003.0009
G. Pattison
The devout life literature requires the self to see itself as nothing—but what does this mean? The dialectic of being and non-being has a long history in Western metaphysics, but in the wake of the Copernican revolution nothingness is no longer a relative element in the great chain of being but something more absolute. With the help of Fénelon’s proof for the existence of God from human imperfection, it is shown how the devout self is figured as suspended between being and nothingness, dependent entirely on God for being. In this situation, Descartes’s assurance regarding the ontological basis of human existence is unsustainable. Yet even in the face of annihilation, the soul may still love God and practise a grateful acknowledgement of God’s good gifts.
{"title":"The Annihilated Self","authors":"G. Pattison","doi":"10.1093/OSO/9780198813507.003.0009","DOIUrl":"https://doi.org/10.1093/OSO/9780198813507.003.0009","url":null,"abstract":"The devout life literature requires the self to see itself as nothing—but what does this mean? The dialectic of being and non-being has a long history in Western metaphysics, but in the wake of the Copernican revolution nothingness is no longer a relative element in the great chain of being but something more absolute. With the help of Fénelon’s proof for the existence of God from human imperfection, it is shown how the devout self is figured as suspended between being and nothingness, dependent entirely on God for being. In this situation, Descartes’s assurance regarding the ontological basis of human existence is unsustainable. Yet even in the face of annihilation, the soul may still love God and practise a grateful acknowledgement of God’s good gifts.","PeriodicalId":308769,"journal":{"name":"Oxford Scholarship Online","volume":"82 1 Pt 1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-11-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116365182","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-11-22DOI: 10.1093/OSO/9780198828945.003.0003
J. Gupta
On the basis of the scientific consensus on the dangers of climate change, this issue emerged as a partial order in the 1990s and was developed as an international regime in five phases. This chapter analyzes how the functional order evolved throughout the phases, and assesses the respective approaches, actors, and implications. Major steps for the development of the regime were the Kyoto Protocol (KP) and the Paris Agreement (PA) though the international agreements at times and the fight against climate change in general lack the full support from several key states like the USA, China, Japan, and Russia. The order lost its predictability but retains its legitimacy, leading, however, to questionable prospects on its effectiveness. Therefore, its greatest challenge may be to change the approach from international legal action to the restructuring of societies.
{"title":"Climate Change and the Future of International Order","authors":"J. Gupta","doi":"10.1093/OSO/9780198828945.003.0003","DOIUrl":"https://doi.org/10.1093/OSO/9780198828945.003.0003","url":null,"abstract":"On the basis of the scientific consensus on the dangers of climate change, this issue emerged as a partial order in the 1990s and was developed as an international regime in five phases. This chapter analyzes how the functional order evolved throughout the phases, and assesses the respective approaches, actors, and implications. Major steps for the development of the regime were the Kyoto Protocol (KP) and the Paris Agreement (PA) though the international agreements at times and the fight against climate change in general lack the full support from several key states like the USA, China, Japan, and Russia. The order lost its predictability but retains its legitimacy, leading, however, to questionable prospects on its effectiveness. Therefore, its greatest challenge may be to change the approach from international legal action to the restructuring of societies.","PeriodicalId":308769,"journal":{"name":"Oxford Scholarship Online","volume":"5 2","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-11-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"113942222","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-11-22DOI: 10.1093/oso/9780198824466.003.0013
A. Milbank
Carlyle’s ‘Natural Supernaturalism’ or synthesis of idealism and realism is interpreted by Mark Abrams as an immanentizing project. This is questioned in Chapter 12 by analysing ghost stories by women writers who reverse this trajectory to anchor the real in a supernatural cause. They use realism to open a transcendent depth in the material object. Emily Brontë’s lovers in Wuthering Heights seek to burst the limits of the material but are left in a liminal spectrality. Elizabeth Gaskell uses the reality of the supernatural to question the refusal of original sin by rational dissent. Margaret Oliphant’s Dantesque ghost stories establish the supernatural as the truly real positively in ‘A Beleaguered City’ and more problematically in ‘A Library Window’. Finally Charlotte Brontë’s supposedly new psychological Gothic is shown to be wholly traditional and to yoke feminist and theological desires for liberation in an apocalyptic union of body and soul.
{"title":"Supernatural Naturalism","authors":"A. Milbank","doi":"10.1093/oso/9780198824466.003.0013","DOIUrl":"https://doi.org/10.1093/oso/9780198824466.003.0013","url":null,"abstract":"Carlyle’s ‘Natural Supernaturalism’ or synthesis of idealism and realism is interpreted by Mark Abrams as an immanentizing project. This is questioned in Chapter 12 by analysing ghost stories by women writers who reverse this trajectory to anchor the real in a supernatural cause. They use realism to open a transcendent depth in the material object. Emily Brontë’s lovers in Wuthering Heights seek to burst the limits of the material but are left in a liminal spectrality. Elizabeth Gaskell uses the reality of the supernatural to question the refusal of original sin by rational dissent. Margaret Oliphant’s Dantesque ghost stories establish the supernatural as the truly real positively in ‘A Beleaguered City’ and more problematically in ‘A Library Window’. Finally Charlotte Brontë’s supposedly new psychological Gothic is shown to be wholly traditional and to yoke feminist and theological desires for liberation in an apocalyptic union of body and soul.","PeriodicalId":308769,"journal":{"name":"Oxford Scholarship Online","volume":"54 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-11-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114785272","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-11-22DOI: 10.1093/OSO/9780190698348.003.0009
Abraham Singer
This chapter expands on the idea of norm-governed productivity. Because this approach opens the door for a more straightforwardly political assessment of corporate hierarchy, this chapter considers how theories of workplace democracy stack up against this view of corporate efficiency. It argues that radical and participatory democrats are prone to error by essentially doing the mirror image of what the Chicago school does: where Chicago school scholars conflate firms for markets and obscure their cooperative nature, radical democrats often mistake firms for purposive communities and obscure their economic nature. While democratic theorists are right that undefended authority exists within firms and is a problem, they are often in danger of utterly discounting efficiency. It concludes with a more exact enunciation of norm-governed productivity, which emphasizes the manner in which efficiency concerns necessitate a bounded application of noneconomic values.
{"title":"Corporate Justice within Efficiency Horizons","authors":"Abraham Singer","doi":"10.1093/OSO/9780190698348.003.0009","DOIUrl":"https://doi.org/10.1093/OSO/9780190698348.003.0009","url":null,"abstract":"This chapter expands on the idea of norm-governed productivity. Because this approach opens the door for a more straightforwardly political assessment of corporate hierarchy, this chapter considers how theories of workplace democracy stack up against this view of corporate efficiency. It argues that radical and participatory democrats are prone to error by essentially doing the mirror image of what the Chicago school does: where Chicago school scholars conflate firms for markets and obscure their cooperative nature, radical democrats often mistake firms for purposive communities and obscure their economic nature. While democratic theorists are right that undefended authority exists within firms and is a problem, they are often in danger of utterly discounting efficiency. It concludes with a more exact enunciation of norm-governed productivity, which emphasizes the manner in which efficiency concerns necessitate a bounded application of noneconomic values.","PeriodicalId":308769,"journal":{"name":"Oxford Scholarship Online","volume":"193 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-11-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114864045","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-11-22DOI: 10.1093/OSO/9780198758600.003.0007
K. Morris
This chapter discusses and evaluates the role of truthmaking in articulating an unproblematic concept of emergence—specifically, the proposal that emergent properties should be characterized as those that, while “ontologically dependent”, are yet needed as truthmakers. It argues that while emergence so understood appears to avoid several well-known concerns about emergence and emergent properties, including those that stem from the alleged “brute determination” of emergent properties, this result is secured through the weak notion of dependence that it employs. The appeal to truthmaking, in contrast, proves largely superfluous. While truthmaking may thus not be able to play a significant role in emergentist metaphysics, it is argued that it is consistent with this verdict that truthmaking can play a more significant role in characterizing an attractive middle ground between reductive and nonreductive approaches to physicalism.
{"title":"Truthmaking and the Mysteries of Emergence","authors":"K. Morris","doi":"10.1093/OSO/9780198758600.003.0007","DOIUrl":"https://doi.org/10.1093/OSO/9780198758600.003.0007","url":null,"abstract":"This chapter discusses and evaluates the role of truthmaking in articulating an unproblematic concept of emergence—specifically, the proposal that emergent properties should be characterized as those that, while “ontologically dependent”, are yet needed as truthmakers. It argues that while emergence so understood appears to avoid several well-known concerns about emergence and emergent properties, including those that stem from the alleged “brute determination” of emergent properties, this result is secured through the weak notion of dependence that it employs. The appeal to truthmaking, in contrast, proves largely superfluous. While truthmaking may thus not be able to play a significant role in emergentist metaphysics, it is argued that it is consistent with this verdict that truthmaking can play a more significant role in characterizing an attractive middle ground between reductive and nonreductive approaches to physicalism.","PeriodicalId":308769,"journal":{"name":"Oxford Scholarship Online","volume":"299 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-11-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124270516","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-11-22DOI: 10.1093/OSO/9780198817369.003.0020
K. Tomlinson
This chapter provides an overview of social and environmental performance and management practices in the oil and gas industries, outlining the evolution of international companies’ approaches over the last twenty years within the wider extractive industries context. The chapter reviews what social and environmental management amongst such companies means in practice, and highlights some of the unresolved issues emerging. While most companies now model their approach to social and environmental management on international norms, they face a variety of drivers to their practices. These range from complying with international standards in order to gain access to finance, to complying with new host country legislation and regulation, and gaining and maintaining a good reputation and a ‘social licence to operate’. This chapter argues that the complexity of these drivers problematizes the portrayal of the industry’s social and environmental performance as ‘voluntary’ corporate social responsibility, and renders the latter term somewhat misleading.
{"title":"Oil and Gas Companies and the Management of Social and Environmental Impacts and Issues","authors":"K. Tomlinson","doi":"10.1093/OSO/9780198817369.003.0020","DOIUrl":"https://doi.org/10.1093/OSO/9780198817369.003.0020","url":null,"abstract":"This chapter provides an overview of social and environmental performance and management practices in the oil and gas industries, outlining the evolution of international companies’ approaches over the last twenty years within the wider extractive industries context. The chapter reviews what social and environmental management amongst such companies means in practice, and highlights some of the unresolved issues emerging. While most companies now model their approach to social and environmental management on international norms, they face a variety of drivers to their practices. These range from complying with international standards in order to gain access to finance, to complying with new host country legislation and regulation, and gaining and maintaining a good reputation and a ‘social licence to operate’. This chapter argues that the complexity of these drivers problematizes the portrayal of the industry’s social and environmental performance as ‘voluntary’ corporate social responsibility, and renders the latter term somewhat misleading.","PeriodicalId":308769,"journal":{"name":"Oxford Scholarship Online","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-11-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124330165","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-11-22DOI: 10.1093/oso/9780190865177.001.0001
E. Mauldin
An important reconsideration of the Civil War’s role in southern history, Unredeemed Land examines the ways that military conflict and emancipation reconfigured the landscape of the rural South, and uncovers the environmental constraints that shaped the rural South’s transition to capitalism during the late nineteenth century. Dixie’s “King Cotton” required extensive land-use techniques, fresh soil, and slave-based agriculture in order to remain profitable. But wartime destruction and the rise of the contract labor system closed off those possibilities and necessitated increasingly intensive cultivation in ways that worked against the environment. The resulting disconnect between farmers’ use of the land and what the natural environment could support went hand-in-hand with the economic dislocation of freedpeople, poor farmers, and sharecroppers. Drawing on extensive archival and governmental sources and a wealth of interdisciplinary scholarship in the natural sciences, this work demonstrates how the Civil War and emancipation accelerated ongoing ecological change and altered land use in ways that hastened the postbellum collapse of the region’s subsistence economy, encouraged the expansion of cotton production, and ultimately kept cotton farmers trapped in a cycle of debt and tenancy.
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Pub Date : 2018-11-22DOI: 10.1093/oso/9780190923846.001.0001
R. Thakur
The very destructiveness of nuclear weapons makes them unusable for ethical and military reasons. The world has placed growing restrictions on the full range of nuclear programs and activities. But with the five NPT nuclear powers failing to eliminate nuclear arsenals, other countries acquiring the bomb, arms control efforts stalled, nuclear risks climbing, and growing awareness of the catastrophic humanitarian consequences of nuclear war, the United Nations adopted a new treaty to ban the bomb. Some technical anomalies between the 1968 and 2017 treaties will need to be harmonized and the nuclear-armed states’ rejection of the ban treaty means it will not eliminate any nuclear warheads. However, it will have a significant normative impact in stigmatizing the possession, use and threat of use of nuclear weapons and serve as a tool for civil society to mobilize domestic and world public opinion against the doctrine of nuclear deterrence.
{"title":"A Bifurcated Global Nuclear Order","authors":"R. Thakur","doi":"10.1093/oso/9780190923846.001.0001","DOIUrl":"https://doi.org/10.1093/oso/9780190923846.001.0001","url":null,"abstract":"The very destructiveness of nuclear weapons makes them unusable for ethical and military reasons. The world has placed growing restrictions on the full range of nuclear programs and activities. But with the five NPT nuclear powers failing to eliminate nuclear arsenals, other countries acquiring the bomb, arms control efforts stalled, nuclear risks climbing, and growing awareness of the catastrophic humanitarian consequences of nuclear war, the United Nations adopted a new treaty to ban the bomb. Some technical anomalies between the 1968 and 2017 treaties will need to be harmonized and the nuclear-armed states’ rejection of the ban treaty means it will not eliminate any nuclear warheads. However, it will have a significant normative impact in stigmatizing the possession, use and threat of use of nuclear weapons and serve as a tool for civil society to mobilize domestic and world public opinion against the doctrine of nuclear deterrence.","PeriodicalId":308769,"journal":{"name":"Oxford Scholarship Online","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-11-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124364205","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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