Books: 'Mutual constitution'

1

Saint John Firemen's Mutual Relief Association. Bye-laws and constitution of the St. John Firemen's Mutual Relief Association. [Saint John, N.B.?: s.n., 1986.

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Acadia Mines Athletic and Mutual Improvement Association. Constitution and by-laws of the Acadia Mines Athletic and Mutual Improvement Association. Halifax, N.S: Knight, 1987.

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Anglo-African Mutual Improvement and Aid Association of Nova Scotia. Constitution and by-laws of the Anglo-African Mutual Improvement and Aid Association of Nova Scotia. [Halifax, N.S.?: s.n., 1987.

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4

Potential congressional responses to the Supreme Court's decision in State Farm Mutual Automobile Ins. v. Cambell: Checking and balancing punitive damages : hearing before the Subcommittee on the Constitution of the Committee on the Judiciary, House of Representatives, One Hundred Eighth Congress, first session, September 23, 2003. Washington: U.S. G.P.O., 2003.

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Poland. The Constitutional Act of 17th October, 1992: On the mutual relations between the legislative and executive institutions of the Republic of Poland and on local self-government (Journal of Laws of the Republic of Poland of 23rd November, 1992, No. 84, item 426) : with constitutional provisions continued in force. 2nd ed. Warsaw: Sejm Pub. Office, 1993.

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6

Association catholique de secours mutuel. Acte de constitution, statuts et règlements du Conseil suprême, des Grands Conseils et des Succursales de l'Association catholique de secour mutuel ... Ottawa: Conseil suprême, 1993.

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7

United States. Congress. House. Committee on the Judiciary. Subcommittee on Civil and Constitutional Rights. Parimutuel sports licensing: Hearing before the Subcommittee on Civil and Constitutional Rights of the Committee on the Judiciary, House of Representatives, One Hundredth Congress, second session, on H.R. 2611 and H.R. 4458 ... April 28, 1988. Washington: U.S. G.P.O., 1989.

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United States. Congress. House. Committee on the Judiciary. Subcommittee on Civil and Constitutional Rights. Parimutuel sports licensing: Hearing before the Subcommittee on Civil and Constitutional Rights of the Committee on the Judiciary, House of Representatives, One Hundredth Congress, second session, on H.R. 2611 and H.R. 4458 ... April 28, 1988. Washington: U.S. G.P.O., 1989.

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United States. Congress. House. Committee on the Judiciary. Subcommittee on Civil and Constitutional Rights. Parimutuel sports licensing: Hearing before the Subcommittee on Civil and Constitutional Rights of the Committee on the Judiciary, House of Representatives, One Hundredth Congress, second session, on H.R. 2611 and H.R. 4458 ... April 28, 1988. Washington: U.S. G.P.O., 1989.

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10

Austria. Bankgesetze: Bankwesengesetz, Sparkassengesetz, Bausparkassengesetz, Investmentfondsgesetz, Beteiligungsfondsgesetz, Kapitalmarktgesetz : mit den Gesetzesmaterialen zum Finanzmarktanpassungsgesetz 1993. Wien: Springer, 1993.

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11

France. Atomic energy, cooperation in operation of atomic weapons systems for mutual defense purposes: Agreement between the United States of America and France, modifying the agreement of July 27, 1961, signed at Paris July 22, 1985. Washington, D.C: Dept. of State, 1992.

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France. Atomic energy, cooperation in operation of atomic weapons systems for mutual defense purposes: Agreement between the United States of America and France, modifying the agreement of July 27, 1961, signed at Paris July 22, 1985. Washington, D.C: Dept. of State, 1992.

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13

Canada. Dept. of Foreign Affairs and International Trade. Mutual legal assistance : exchange of notes constituting an agreement amending the treaty between the government of Canada and the government of the United Kingdom of Great Britain and Northern Ireland on mutual assistance in criminal matters (drug trafficking), done at Ottawa on June 22, 1988, London, March 26, 1992, in force September 17, 1993 =: Entraide judiciaire : échange de notes constituant un accord modifiant le traité d'entraide en matière pénale (trafic de drogue) entre le gouvernement du Canada et le gouvernement du Royaume-Uni de Grande-Bretagne et d'Irlande du Nord, fait à Ottawa, le 22 juin 1988, Londres, le 26 mars 1992, en vigueur le 17 septembre 1993. Ottawa, Ont: Queen's Printer for Canada, 1998.

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14

Marmodoro, Anna. Aristotelian Powers at Work. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198796572.003.0005.

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This paper puts powers to work by developing a broadly Aristotelian account of causation, built on the fundamental idea (which Aristotle found in Plato, attributed by him to Heraclitus) that causation is a mutual interaction between powers. On this Aristotelian view, causal powers manifest them-selves in dependence on the manifestation of their mutual partners. (See also Heil, this volume; Mumford, this volume; and Martin 2008.) The manifestations of two causal power partners are co-determined, co-varying, and co-extensive in time. (See Marmodoro 2006.) Yet, causation has a direction and is thus asymmetric. This asymmetry is what underpins metaphysically the distinction between causal agent and patient. The proposed Aristotelian analysis of the interaction between mutually manifesting causal powers is distinctive, in that it pays justice to the intuition that there is agency in causation. That is, agency is not a metaphorical way of describing what causal powers do. For some powers, it is a way of being that instantiates the non-anthropomorphic sense in which powers are causal agents. This point is brought out in the paper in relation to the explanation of the concept of change. In an Aristotelian fashion, the paper argues that the distinction be-tween agent and patient in causation is pivotal to offering a realist account of causation that does not reify the interaction of the reciprocal causal partners into a relation. On the proposed view, the interaction between mutually manifesting causal partners consists in the power of one substance being realized in another substance. Specifically, the agent’s causal powers metaphysically belong to the agent, but come to be realized in the patient. The significance of this is that the interaction of the agent’s and the patient’s powers is not a relation; rather, it is an ex-tension of the constitution of the agent onto the patient, which occurs when agent and patient interact and their powers are mutually manifested. Thus the proposed Aristotelian account of causation explains the mutual interaction between manifestation partners—potentiality, agency, and change—as irreducible to one another, but interconnected.

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15

Preuß, Ulrich K. Carl Schmitt and the Weimar Constitution. Edited by Jens Meierhenrich and Oliver Simons. Oxford University Press, 2014. http://dx.doi.org/10.1093/oxfordhb/9780199916931.013.27.

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This chapter explores Carl Schmitt’s response as a political, legal, and constitutional theorist to the permanent crisis of the Weimar Republic during its short-lived existence between 1919 and 1933. On the foundation of his conceptual edifice, it shows why Schmitt came to the conclusion that the Weimar Constitution did not provide an appropriate political system for the German people in their “natural” form. While the founders of Weimar sought to protect the polity’s diversity and contradictions, Schmitt regarded their constitution as inherently nondemocratic. A focal point of the analysis is Schmitt’s claim that democracy and dictatorship are by no means mutually exclusive. The chapter demonstrates why Schmitt’s faith in the constituent power of a homogenous German people invariably led to his preference for “democratic dictatorship” and a rejection of the Weimar constitution’s system of parliamentary democracy.

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Kurtiş, Tuğçe, and Glenn Adams. Gender and Sex(ualities). Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190658540.003.0005.

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Cultural psychology highlights the mutual constitution of psyche and culture—that is, the bidirectional relationship between person-based structures of mind and socially constructed affordances inscribed in everyday cultural worlds. The experience of gender and sexuality requires engagement with particular sociocultural affordances, and cultural traditions of gender and sexuality are (re)produced by everyday activities. Western feminists have often viewed aspects of gender relations in Majority-World settings as pathological or oppressive. Adopting a decolonial standpoint, we proposes two analytic strategies to counter such epistemic violence: (1) normalize Other patterns that appear abnormal or deficient; and (2) denaturalize the patterns that prevail in Western high-income settings. We illustrate these strategies by describing our research on “self-silencing,” relationship satisfaction, and depression among Turkish women.

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Sahni, Ruchi Ram. My Public Life. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780199474004.003.0008.

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In this brief chapter Ruchi Ram Sahni recounts his role in starting the Hindu Family Mutual Relief Fund in the late 1880s. The Fund began after the death of an indigent clerk in the Railways whose family had to be supported by funds raised from his associates; the idea was to start a regular fund for the purpose of supporting the families of deceased members. Sahni gives this as the first of many examples in which he played a role in associational life in late nineteenth-century Lahore; along with Lala Harkishen Lal, he claimed that he must have been responsible for drafting the constitution of at least two-thirds of the associations which came up in Lahore at this time.

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18

Andersson, Jenny. Arctic Futures. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198820802.003.0004.

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The Arctic region is the site of a geopolitical scramble for two major future assets: the opening up of the Northeast Passage and access to enormous gas reserves. Meanwhile, many other possible futures define the ongoing struggle to establish claims to the Arctic among a variety of ‘Arctic nations’, including the rights of indigenous people, the preservation of pristine nature, future tourism, and the reestablishing of historical connections with previous colonizing countries in Scandinavia and Russia. The chapter discusses a wide repertoire of future making, including scenario gaming, forecast technologies, and forms of nation branding used as geopolitical instruments for defining expectations and future interests in the Arctic. At a theoretical level, the chapter examines the mutual constitution of imaginaries and interests and highlights ways in which actors attempt to ‘close’ the future by establishing the dominance of particular expectations or scenarios that suit their interests.

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19

Bishop, Stephen L. Scripting Shame in African Literature. Liverpool University Press, 2021. http://dx.doi.org/10.3828/liverpool/9781800348431.001.0001.

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- Shame is one of the most frequent underlying emotions expressed throughout sub-Saharan African literature, yet studies of such literature almost universally ignore the topic in favour of a focus on the struggle for independence and the postcolonial situation, encompassing a search for individual, national, and ethnic identities and questions of corruption, changing gender roles, and conflicts between so-called tradition and modernity. Shame, however, is not antithetical to these investigations and, in fact, the persistent trope of shame undergirds many of them. This book locates these expressions of shame in sub-Saharan African literature and shows how its diverse literary representations underscore shame’s function as a fulcrum in the mutual constitution of subject and community on the continent. Though shame research is dominated by Western definitions and theories, this study emphasizes the centrality of African conceptions of shame in ways that notions of Western subjectivity dismiss or cannot capture.

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20

Tripkovic, Bosko. Constitutional Ethics, Confidence, and Reflection. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198808084.003.0006.

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The chapter applies the notions of confidence and reflection to constitutional reasoning. The first part of the chapter contends that the arguments from constitutional identity, common sentiment, and universal reason can be modified in line with the dialectic of confidence and reflection to be mutually compatible, and explains how these arguments interact, constrain, and reinforce each other. It locates the source of constitutional confidence in the evolving constitutional identity that is reaffirmed and developed through the reflection upon the moral sentiments of the constitutional community. The second part of the chapter demonstrates how the reconstruction of the arguments from constitutional identity, common sentiment, and universal reason around a credible understanding of value enables us to express some of the quintessential constitutional dilemmas in a new vocabulary and allows us to resolve them. It explains how diachronic changes and synchronic differences in moral attitudes ought to affect constitutional interpretation.

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21

Wagoner, Brady, ed. Handbook of Culture and Memory. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780190230814.001.0001.

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This book is about the ways in which culture matters to memory. It explores how memory is deeply entwined with social relationships, stories in film and literature, group history, monuments, ritual practices, material artifacts, and a host of other cultural devices. Culture in this account is not a bounded group of people or variable to be manipulated but, rather, the medium through which people live and make meaning of their lives. The focus of analysis becomes one of understanding the mutual constitution of people’s memories and the social–cultural worlds to which they belong. An interdisciplinary team of leading scholars has been brought together in this volume to offer new theoretical models of memory as both a psychological and a social–cultural process. The following themes are explored: the concept of memory and its relation to evolution, neurology, culture, and history; the particular dynamics of different cultural contexts of remembering, such as families, commemorations, giving testimony, and struggling with difficult memories such as in therapy; life course changes in memory from its development in childhood, through its anticipatory function in emerging adulthood, to managing its decline in old age; and the national and transnational organization of collective memory and identity through narratives propagated in political discourse, the classroom, and media. This book is essential reading for anyone interested in the complex and interconnected relationship between culture, mind, and memory.

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22

Prendergast, Thomas, and Stephanie Trigg. Affective medievalism. Manchester University Press, 2018. http://dx.doi.org/10.7228/manchester/9781526126863.001.0001.

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This book destabilises the customary disciplinary and epistemological oppositions between medieval studies and modern medievalism. It argues that the twinned concepts of “the medieval” and post-medieval “medievalism” are mutually though unevenly constitutive, not just in the contemporary era, but from the medieval period on. Medieval and medievalist culture share similar concerns about the nature of temporality, and the means by which we approach or “touch” the past, whether through textual or material culture, or the conceptual frames through which we approach those artefacts. Those approaches are often affective ones, often structured around love, abjection and discontent. Medieval writers offer powerful models for the ways in which contemporary desire determines the constitution of the past. This desire can not only connect us with the past but can reconnect present readers with the lost history of what we call the medievalism of the medievals. In other words, to come to terms with the history of the medieval is to understand that it already offers us a model of how to relate to the past. The book ranges across literary and historical texts, but is equally attentive to material culture and its problematic witness to the reality of the historical past.

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Kofi, Quashigah. Part III The Relationship Between the Judiciary and the Political Branches, 9 Defying Assumptions about the Nature of Power Relations Between the Executive and Judiciary: An Overview of Approaches to Judicial and Executive Relations in Ghana. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198759799.003.0010.

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This chapter examines the relationship between the executive and the judiciary in Ghana. The relationship between the executive and the judiciary since Ghana’s independence may be classified according to the attitudes each exhibits towards the other, as follows: a period of outright emasculation of the judiciary by the executive; a period of suspicion and minimal trust; a period of mutual toleration; and a period of self-assertion by the judiciary. An examination of these shows a link between the nature of constitutional protection accorded the judiciary, the executive’s acceptance of democratic values, and the judiciary’s own demonstration of commitment to protecting its independence.

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Catherine, Brölmann. 5 Obligations of International Organizations, 5.2 Interpretation of the Agreement of 25 March 1951 between the WHO and Egypt , Advisory Opinion, [1980] ICJ Rep 73. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198743620.003.0026.

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The 1980 WHO Advisory Opinion elaborates on the general legal obligations (grounded in the duty of co-operation and good faith) that are part of the relationship between an international organization and its host state. In this opinion the ICJ possibly for the first time articulated this relationship as a set of mutual obligations between legal equals. The opinion moreover enunciates the sources of international legal obligations binding upon international organizations (IOs): the treaties they conclude (uncontroversial); I customary international law; their constitutions. The Court uses the proverbial reassurance of UN member states in saying that the WHO is not a ‘super-state’. Finally, in accepting jurisdiction the Court explicitly separated the legal character of the question from the political considerations motivated by that question.

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25

Scott, Allen J. Geography and Economy. Oxford University Press, 2006. http://dx.doi.org/10.1093/oso/9780199284306.001.0001.

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Focusing on the theme of the mutually constitutive relations between geographic space and the economic order, Allen J. Scott discusses the problems of the location of economic activities, learning and innovation in industrial systems, and economic development. These problems are dealt with in both theoretical and empirical terms.

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Hollis, Duncan B. Sources in Interpretation Theories. Edited by Samantha Besson and Jean d’Aspremont. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198745365.003.0021.

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This chapter examines the relationship between international law’s sources and its theories of interpretation. Challenging assumptions that the two concepts are, at best, casual acquaintances, this chapter reveals and explores a much deeper, interdependent relationship. Sources set the nature and scope of international legal interpretation by delineating its appropriate objects. Interpretation, meanwhile, operates existentially to identify what constitutes the sources of international law in the first place. The two concepts thus appear mutually constitutive across a range of doctrines, theories, and authorities. Understanding these ties may offer a more nuanced image of the current international legal order. At the same time, they highlight future instrumental opportunities where efforts to change one concept might become possible via changes to the other. This chapter concludes with calls for further research on whether and how such changes might occur and asks if international lawyers should embrace (or resist) such a mutually constitutive relationship.

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Gilbert, Margaret. The Ubiquity of Joint Commitment. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198813767.003.0011.

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After noting that joint commitments can be made gradually and by more subtle means than those constitutive of agreements and promises, and that they may obtain in large populations spread over great distances, this chapter argues that many central social phenomena other than agreements and promises are constituted by joint commitments with associated demand-rights and directed obligations. These phenomena range from the instantaneous occurrence of “mutual recognition” between two people in close proximity to large, enduring social groups. They include shared intentions or plans, doing things together, and collective attitudes such as collective value judgments. It is argued also that a particular kind of joint commitment offers an intelligible ground for command authority. Thus, should joint commitment be the only source of demand-rights, such rights will still be ubiquitous in human lives.

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Schmidt, Susanne K. The Interaction of Judicial and Legislative Policymaking. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198717775.003.0004.

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Chapter 4 systematizes the different ways that judicial policymaking can have an impact on European legislation. Identifying the codification of case-law principles in secondary law contributes to research on the EU in two important ways: it shows how EU legislation is embedded in case-law development, and that the impact of case law cannot be reduced to the question of compliance with single rulings. A differentiation is made between several types of judicial ‘shadow’ over the legislative process. Then the Services Directive and the regulation on the mutual recognition of goods are analysed. The principles of case law that were motivated by the specific circumstances of individual cases constrain the design of general rules. Secondary law cannot modify constitutional principles. At best, the legislature can hope to signal its political preferences to the Court.

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Wacquant, Loïc. Four Transversal Principles for Putting Bourdieu to Work. Edited by Thomas Medvetz and Jeffrey J. Sallaz. Oxford University Press, 2018. http://dx.doi.org/10.1093/oxfordhb/9780199357192.013.30.

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Chapter abstract This chapter spotlights four transversal principles that undergird and animate Bourdieu’s research practice, and can fruitfully guide inquiry on any empirical front: the Bachelardian imperative of epistemological rupture and vigilance; the Weberian command to effect the triple historicization of the agent (habitus), the world (social space, of which field is but a subtype), and the categories of the analyst (epistemic reflexivity); the Leibnizian-Durkheimian invitation to deploy the topological mode of reasoning to track the mutual correspondences between symbolic space, social space, and physical space; and the Cassirer moment urging us to recognize the constitutive efficacy of symbolic structures. The chapter also flags three traps that Bourdieusian explorers of the social world should exercise special care to avoid: the fetishization of concepts, the seductions of “speaking Bourdieuse” while failing to carry out the research operations Bourdieu’s notions stipulate, and the forced imposition of his theoretical framework en bloc.

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Rondel, David. Conclusion. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780190680688.003.0010.

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This chapter puts pragmatist egalitarianism to work, and shows how it reconciles many of the disputes that philosophical egalitarians are engaged in. It also considers inequality in the real world and provides an analysis of racial inequality in the United States. Racial inequality involves a complex imbroglio of (a) institutions like banks, the criminal justice system, media of various kinds, public schools, the healthcare system, zoning laws, electoral politics, public transportation, etc., (b) private individual feelings and biases about black work ethic, loan worthiness, personal responsibility, attitude, ambition, etc., (c) nebulous cultural meanings about black inferiority, violence, criminality, lesser intelligence, and, crucially, (d) the subtle ways in which (a), (b), and (c) mutually reinforce each other. The argument in this chapter is that all three variables are irreducible, triangulated, and mutually constituting and supporting.

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Hardy, Duncan. The Age of Imperial Reform, c. 1486–1521. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198827252.003.0013.

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This final case study in associative political culture’s shaping of the evolving Holy Roman Empire examines the new legislation passed during the reign of King/Emperor Maximilian, which modern historians have often called ‘imperial reforms’. At the heart of the reform narrative is the idea that the Empire experienced a constitutional watershed around 1495/1500 as a set of new institutions was established through laws issued at the imperial diets, such as the so-called ‘eternal public peace’ (Ewiger Landfriede), the imperial chamber court (Reichskammergericht), and the imperial council (Reichsregiment). However, the functions and discourses of these institutions and the legislation that created them were remarkably similar to associative practices and documentation. Viewed from the perspective of the Upper German culture of multilateral assistance through stipulated mutual obligations and adjudication and negotiation at Tage, the outcomes of ‘imperial reform’ appear not as radical departures, but as iterations of deeply rooted structures and dynamics.

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Teixeira, Sergio Torres, and Julienne Diniz Antão. Garantias constitucionais do processo e instrumentalidade processual. Brazil Publishing, 2020. http://dx.doi.org/10.31012/978-65-5861-251-3.

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During the months of May to September, Prof. Dr. Sérgio Torres Teixeira taught a discipline called “Constitutional Guaranties of the Process and Procedural Instrumentality” (which is also the name of this book) in the Post-Graduate Program of the Federal University of Pernambuco; one of the first classes entirely online in regard to COVID-19 safety measures. Despite the distance, all classmates were remarkably close in the intellectual purpose of learning and develop the law. Their researches, discussions and enthusiasm gave birth to this book, which delves deeply in important matters regarding constitutional and procedural law. It is constituted of 12 carefully written articles concerning such matters as the non-avoidance of judicial review, procedural equality in national and international law, international juridical cooperation and the effectiveness of transnational adjudication, the right to a natural judge in arbitration, social participation in administrative procedures, preventive measures in administrative procedures, among other themes that can be seen in the summary. It is a book that encapsulate different views and perspectives about such fundamental matters, intertwining different areas of law, abundantly revealing the plurality of though that sets the tone to this valuable initiative. It is by definition the work of a collectivity, that by mutual criticism made possible this academic landmark to all participants, showing the active and curious spirit of the minds cultivated in the Federal University of Pernambuco, specially concerning the researches related to procedural justice, access to justice and instrumentality. In this sense, is a work that reflects the prominent procedural issues of its time.

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Kaveny, Cathleen. Examples and Rules. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780190612290.003.0003.

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This chapter examines Jeffrey Stout’s claim that American constitutional democracy constitutes a well-functioning moral and political tradition that is not hostile to religion, although it does not depend on any specifically religious claims. It argues that the claim can be given additional support by a consideration of well-known cases in contract law. The chapter first shows how contract law can be understood as a MacIntyrean tradition. It then illustrates the mutually interpreting nature of rules and facts, by close attention to a case involving fraud, Syester v. Banta. It concludes by suggesting that both religious and secular ethicists might find common law cases in general and contract-law cases in particular to be a rich source of moral reflection.

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Hentschell, Roze. The Cultural Geography of St Paul’s Precinct. Edited by Malcolm Smuts. Oxford University Press, 2016. http://dx.doi.org/10.1093/oxfordhb/9780199660841.013.36.

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This chapter is a cultural study of St Paul’s Cathedral precinct in the late sixteenth and early seventeenth centuries. It discusses the physical properties of Paul’s, including the nave, Paul’s Cross pulpit, the bookshops in the churchyard, and the many and varied uses and occupations of the precinct and church, including sermons, secular business practices, and criminal activity. While recent scholarship has attended to various discreet spaces in and around the cathedral, this chapter discusses the religious and secular space and activities as mutually constitutive rather than distinct. Influenced by studies of cultural geography, the chapter investigates the role of the cathedral precinct in constructing the identity of the early modern Londoner through a discussion of the effects that geographical space has on human behaviour.

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Zittoun, Tania, and Vlad Petre Glăveanu. Imagination at the Frontiers of Psychology. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780190468712.003.0001.

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This introductory chapter presents the goals, scope, and organization of the Handbook. The main goals are to bring back imagination from the frontiers of psychology to its center and to show the fundamental role that imagination plays in individual lives and in society. The chapter opens with a series of examples of daily imagination, suggesting the centrality of this cultural phenomenon. It then presents the paradox of bringing together “imagination”—often thought as inner and individual, and “culture”—often thought as external and collective. Here, the authors propose a sociocultural psychology that considers these phenomena as mutually constitutive. The chapter presents the four epistemological assumptions of the approach and sketches the contributions of other disciplines that at least partially share these assumptions. On this basis, a first definition of imagination is proposed. Finally, the structure of the book is presented.

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Sunardi, Christina. Maintaining the Representation of Female Power through Beskalan Putri. University of Illinois Press, 2017. http://dx.doi.org/10.5406/illinois/9780252038952.003.0005.

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This chapter examines some of the ways in which artists have maintained cultural space for the representation of female power through Beskalan Putri as they have adapted, taught, remembered, learned, performed, and talked about this dance. It focuses on representations of female power through Beskalan Putri because, building on the senses of history explored in the previous chapter, this dance and the femaleness performers associated with it were critical to their senses of Malangan tradition. This analysis thus further illustrates the selection of tradition and the construction of gender as mutually constitutive cultural processes. Considering artists' concerns with preservation as well as the impact of social, political, and cultural climates on the ways artists represented female power through this dance, this chapter argues that artists represented female power strategically—that is, in a “safe” way in times following trauma.

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Vasuki, Nesiah. Part III Regimes and Doctrines, Ch.38 Theories of Transitional Justice: Cashing in the Blue Chips. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198701958.003.0039.

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This chapter examines the utopias called forth by the marriage of human rights accountability mechanisms on the one hand, and, on the other, arguments about the practical significance of these initiatives as preconditions for development, democracy, and political society. Transitional justice is seen to marry the ethical charge of the human rights field’s march against impunity, with an instrumental potential facilitating transition from the rule of violence into the rule of law. If the normative theories and agendas implicated by this marriage are advanced as being in the interests of justice, the accompanying instrumental theories and agendas are advanced in the interests of transition. Justice and transition operate here as allied and mutually reinforcing aspirations of and rationales for transitional justice institutions. Thus, this chapter identifies and analyses the stakes that attend this marriage of ‘ethics’ and ‘expertise’ in constituting the utopian political imagination of transitional justice.

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Niles, Daniel. Agricultural Heritage and Conservation Beyond the Anthropocene. Edited by Angela M. Labrador and Neil Asher Silberman. Oxford University Press, 2018. http://dx.doi.org/10.1093/oxfordhb/9780190676315.013.2.

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This chapter explores the contemporary significance of agricultural heritage, a concept in which the largely cultural and societal concerns for heritage preservation are shuffled into those related to nature conservation and the development of agriculture. Both heritage preservation and nature conservation cast mutually constitutive and relatively fixed ideas of past nature and culture into present and future. Agriculture, too, arrives heavily burdened with inherited meaning, as historically and materially it is “Exhibit A” in the powerful modern narrative of “Culture” gradually rising over “Nature.” In this context, agricultural heritage is almost automatically cast as a relic of the past ways of traditional peoples and their less efficient, less useful, pre-Modern natures. This chapter suggests instead that agricultural heritage represents one of humankind’s richest bodies of environmental experience and most successful manners of conveying knowledge through time, providing material examples of alternative knowledge of nature itself.

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Hernández, Gleider I. Sources and the Systematicity of International Law. Edited by Samantha Besson and Jean d’Aspremont. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198745365.003.0029.

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This chapter illuminates the role that sources doctrine plays in construing international law as a system. It frames international law’s systemic qualities within the recursive relationship between sources doctrine and debates over international law’s systematicity. Sources doctrine reinforces and buttresses international law’s claim to constitute a legal system; and the legal system demands and requires that legal sources exist within it. International law’s systematicity and the doctrine of international legal sources exist in a mutually constitutive relationship, and cannot exist without one another. This recursive relationship privileges unity, coherence, and the existence of a unifying inner logic which transcends mere interstate relations and constitutes a legal structure. In this respect, the social practices of those officials who are part of the institutional workings of the system, and especially those with a law-applying function, are of heightened relevance in conceiving of international law as a system.

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Lee, Alexander. Epilogue. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780199675159.003.0009.

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Bringing together the arguments advanced in the previous chapters, this Epilogue offers a concise overview of humanist conceptions of Empire between the death of Frederick II and the failure of Rupert of the Palatinate’s Italian expedition. It then goes on to examine some of the implications that this study has for wider scholarly perceptions of humanist political thought. Contrary to what has sometimes been suggested, it argues that the humanists did not perceive communal government, signorie, and Empire to be monolithic or mutually exclusive bodies of constitutional thought; that their thought developed in dialogue with—rather than in isolation from—other fields of intellectual endeavour; and that they cannot be said to have departed radically from earlier ‘medieval’ attitudes. Finally, it raises provocative questions about the influence that the collapse of the imperial ideal may have had on the humanists’ later perception of the nature and sources of political authority.

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Pollack, Detlef, and Gergely Rosta. Conclusion. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198801665.003.0009.

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The Conclusion to Part II recaps the most important outcomes of the study so far which can be summarized as follows: The decline in the significance of the religious is closely connected to the transformation of its dominant forms. That means assumptions of secularization theory and of individualization theory are not mutually exclusive. It seems that people’s ties to religion and church begin to loosen in the dimension of practice. The theorem of functional differentiation can by and large be regarded as corroborated. Processes of vertical differentiation, the pulling-apart of the constitutive levels of the social element, treated mainly under the concept of individualization, essentially have a negative effect on religious and church ties, especially on conventional ties to the church. Processes of religious individualization take place within the church and outside of it. Religiously diversified societies display no higher level of religiosity than ones that are more religiously homogeneous.

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Singleton, Jermaine. Queering Celie’s Same-Sex Desire. University of Illinois Press, 2017. http://dx.doi.org/10.5406/illinois/9780252039621.003.0005.

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This chapter places psychoanalytic theories of melancholia in conversation with Walker's The Color Purple to show how “deviant” desire is engendered within and maintained by racialized subject-formations, as they are conceived and regulated by the ongoing process of racialization and gender order that guarantees the reproduction of the white heteropatriarchal familial structure that attends a melancholic, normative American nationhood. It explores the transformative possibilities theories of melancholia carry for the intervention into and the interpretation of received fictions of race and sexuality. A rereading of The Color Purple through the psychoanalytic paradigm of melancholia aims to not only depolarize sexual and racial distinctions within the reductive gazes of psychoanalysis and race studies, but also integrates racial difference into the project of queer studies by casting them as mutually constitutive dimensions of the process of subject formation within the broader context of the unconscious processes that attend racialization.

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Anthony, Callen, and Mary Tripsas. Organizational Identity and Innovation. Edited by Michael G. Pratt, Majken Schultz, Blake E. Ashforth, and Davide Ravasi. Oxford University Press, 2016. http://dx.doi.org/10.1093/oxfordhb/9780199689576.013.20.

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Though much work has studied organizational identity and the management of innovation, very little work explores the connection between them. Yet we argue that these separate conversations yield implications for one another and offer a rich area for future research. By its nature, innovation is about novelty and change, while identity is rooted in stability and endurance. This contrast creates a fundamental tension, which we explore. We propose that innovative activities like technological change fall on a spectrum from identity-enhancing to identity-stretching to identity-challenging. Both identity-enhancing and identity-stretching innovations result in a mutually constitutive dynamic in which identity and innovation reinforce each other. Identity-challenging innovations, however, create organizational discord and dysfunctional dynamics unless realigned with identity. We discuss the implications of these varying states and call for future research that builds upon and extends our understanding of the relationship between identity and innovation across multiple levels of analysis.

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Meierhenrich, Jens, and Oliver Simons, eds. The Oxford Handbook of Carl Schmitt. Oxford University Press, 2013. http://dx.doi.org/10.1093/oxfordhb/9780199916931.001.0001.

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This chapter provides a detailed introduction to the thought of Carl Schmitt that incorporates insights from law, the social sciences, and the humanities. It is also an intervention in its own right, seeking to decenter the study of this most hyped thinker of the twentieth century by advancing two interconnected arguments. First, we argue that the motif of order is a powerful yet insufficiently utilized heuristic device for making sense of Schmitt’s thought. By placing the motif of order at its heart, we contradict the popular belief that no unifying thread runs through the jurist’s oeuvre. Second, we argue that a trinity of thought is discernable in Schmitt’s writings comprising his political, legal, and cultural thought. We establish intellectual connections across these three bodies of thought and trace the mutually constitutive relationships that exist among them. Schmitt’s thought, we find, amounted to a network of ideas about the sources of social order, the cement of society.

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Singleton, Jermaine. The Melancholy That Is Not Her Own. University of Illinois Press, 2017. http://dx.doi.org/10.5406/illinois/9780252039621.003.0002.

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This chapter elaborates on the mutually constitutive nature of the blueswoman's grievances and those of a burgeoning normative social body rife with social loss. It argues that if the discourse of racial difference is underpinned by nationalist gender and sexual anxieties, then it makes sense to examine culturally sanctioned figurations of black female sexuality to better understand the psychic legacies of our unacknowledged past of racial segregation and its link to the persistence of racial inequality in our “postracial” moment. Through a close reading of literary and cultural representations of blueswomen, the chapter explores normative American nationhood's reticence about its historical and social construction even as the former absorbs the shock of its social loss and unresolved grief. This cultural field of symbiotic melancholic states provides a context for understanding the co-implication of the material and the psychical in the performance of gender, class, and sexual choices and associations that bolster and stand in for racial identifications discreetly.

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Mariani, Giorgio. The Rhetorical Equivalent of War. University of Illinois Press, 2017. http://dx.doi.org/10.5406/illinois/9780252039751.003.0003.

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This chapter examines how the rhetoric of war may be turned against war by focusing on the views of William James, Kenneth Burke, and Stephen Crane. Recent literary criticism has suggested that, far from being powerless or simply neutral vis-à-vis the armed conflicts it seeks to represent, language is complicit with violence. This understanding of the relationship between language and violence has been filed by James Dawes under the rubric of “the disciplinary model”—a model that conceives language and violence “as mutually constitutive.” This chapter first considers the ways in which the hard facts of war and violence may be both acknowledged and worked through before discussing Burke's template for understanding the tension as well as the cooperation between war and peace. It also analyzes James's “The Moral Equivalent of War” and concludes by testing the usefulness of some of Burke's recommendations for literary studies through a reading of Crane's “A Mystery of Heroism.”

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Dasgupta, Anirban. Land Reform in Kerala and West Bengal. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198792444.003.0011.

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This chapter examines patterns of land acquisition in the establishment of two enterprises that obtained the status of proto-national industries before independence in 1947: the Tata hydro-electric power companies in the Western Ghats, and the Tata Iron and Steel Company at Jamshedpur. The chapter comparatively shows how the legal instruments of dispossession varied according to the distribution of power, arguing that the entry of Indian capital in the industrial sector in the early twentieth century made possible two seemingly contradictory but mutually constitutive trends: the legal designation of private capital as capable of fulfilling a “public purpose,” and the increasingly direct involvement of the state in resource capture and management for the purpose of industrial development. The chapter uncovers the origins of key aspects of the “land question” in India, including the predominance of domestic over foreign capital, the enabling role of the state, and the persistence of surplus labor.

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Fixmer-Oraiz, Natalie. Homeland Maternity. University of Illinois Press, 2019. http://dx.doi.org/10.5622/illinois/9780252042355.001.0001.

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Motherhood in the context of homeland security culture is a site of intense contestation—both a powerful form of currency and a target of unprecedented assault. In this book, I designate the term homeland maternity in order to theorize the relationship between motherhood and nation in US homeland security culture. While scholars of rhetoric, feminist, and cultural studies have explored homeland security culture and the politics of contemporary motherhood from critical perspectives, no study to date has considered how recent discourses of motherhood and nation are deeply enmeshed and, as this book argues, mutually constitutive. As reproductive bodies are represented as a threat to national security, either through supposed excess or deficiency, a culture of homeland maternity intensifies the requirements of motherhood as it works to discipline those who refuse to adhere. Homeland Maternity offers a way to understand how the policing of maternal bodies in contemporary US culture serves an overt but unexamined political function—namely, securing the nation in times of perceived vulnerability, and with profound implications for reproductive justice.

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Morrison, Kevin A., ed. Walter Besant. Liverpool University Press, 2019. http://dx.doi.org/10.3828/liverpool/9781789620351.001.0001.

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In the 1880s and 1890s, Walter Besant was one of Britain’s most lionized living novelists. Like many popular writers of the period, Besant suffered from years of critical neglect. Yet his centrality to Victorian society and culture all but ensured a revival of interest. While literary critics are now rediscovering the more than forty works of fiction that he penned or co-wrote, as part of a more general revaluation of Victorian popular literature, legal scholars have argued that Besant, by advocating for copyright reform, played a crucial role in consolidating a notion of literary property as the exclusive possession of the individuated intellect. For their part, historians have recently shown how Besant – as a prominent philanthropist who campaigned for the cultural vitalization of impoverished areas in east and south London – galvanized late Victorian social reform activities. The expanding corpus of work on Besant, however, has largely kept the domains of authorship and activism, which he perceived as interrelated, conceptually distinct. Analysing the mutually constitutive interplay in Besant’s career between philanthropy and the professionalization of authorship, Walter Besant: The Business of Literature and the Pleasures of Reform highlights their fundamental interconnectedness in this Victorian intellectual polymath’s life and work.

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Bourne, Claire M. L. Typographies of Performance in Early Modern England. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198848790.001.0001.

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Typographies of Performance is the first book-length study of early modern English playbook typography. It tells a new history of drama from the period by considering the page designs of plays by Shakespeare and others printed between the end of the fourteenth century and the beginning of the eighteenth century. It argues that typography, broadly conceived, was used creatively by printers, publishers, playwrights, and other agents of the book trade to make the effects of theatricality—from the most basic (textually articulating a change in speaker) to the more complex (registering the kinesis of bodies on stage)—intelligible on the page. The coalescence of these experiments into a uniquely dramatic typography that was constantly responsive to performance effects made it possible for “plays” to be marketed, collected, and read in the sixteenth and seventeenth centuries as a print genre distinct from all other genres of imaginative writing. It has been said, “If a play is a book, it is not a play.” Typographies of Performance shows that “play” and “book” were, in fact, mutually constitutive: it was the very bookishness of plays printed in early modern England that allowed them to be recognized by their earliest readers as plays in the first place.

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Books on the topic 'Mutual constitution'

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