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1

Gaitskill, Mary. Two girls, fat and thin. London: Vintage, 1992.

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2

Gaitskill, Mary. Two girls, fat and thin. New York: Scribner Paperback Fiction, 1998.

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3

Barkin, J. Samuel, ed. The Social Construction of State Power. Policy Press, 2020. http://dx.doi.org/10.1332/policypress/9781529209839.001.0001.

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The relationship between realism and constructivism in international relations theory is a fraught one. The two paradigmatic framings of IR are often understood, and taught, as being in opposition to each other. The relationship is also an important one. Realism and constructivism are two of the central concepts around which the academic discipline is organized and are often presented as incompatible or paradigmatically irreconcilable. A number of scholars have argued, however, that the two are compatible. But these discussions have tended to be at a theoretical rather than applied level; they have opened up spaces for discussions of the relationship between the two understandings, but they have not necessarily given clear guidance to scholars for how to combine realism and constructivism as parts of a specific research design. In part this is because there are a variety of ways in which one could reasonably combine the two. Realist constructivism is in this sense a space for a conversation between the two understandings, rather than a specific combination of them. This volume provides a set of examples of applications of different realist constructivisms and an analysis of where they fit in this conversation, and how they speak to each other. Providing such a set of examples both helps to establish the range of the possible in the conversation between realism and constructivism as a set of research practices rather than deductive claims and provides examples to junior scholars of how to build research programs that combine constructivism and realism.
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4

Hu, Henan. Bridging the Western and Eastern Traditions. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780199670055.003.0014.

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The encounter of the Western and Eastern world order has been a fundamental challenge to international law since the nineteenth century. Although China has been admitted into the modern States system originated in Europe and the principle of sovereignty has been applied to it, the legacy of ideological clash between the two civilizations remains. This chapter examines the issue of the compatibility between the Western and Eastern ideas of international order and aims to seek possible convergences between them. In this regard, it highlights the importance for both civilizations’ return to their original international theories that not only fit well into a State-centred system but also possess the essential characteristic of universalism.
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5

Too fat, too slutty, too loud: The rise and reign of the unruly woman. Plume, 2017.

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6

Petersen, Anne Helen. Too Fat, Too Slutty, Too Loud: The Rise and Reign of the Unruly Woman. Plume, 2018.

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7

Petersen, Anne Helen. Too Fat, Too Slutty, Too Loud: The Rise and Reign of the Unruly Woman. Simon & Schuster, Limited, 2017.

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8

Plunkett, David, Scott J. Shapiro, and Kevin Toh, eds. Dimensions of Normativity. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780190640408.001.0001.

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Understood one way, the branch of contemporary philosophical ethics that goes by the label “metaethics” concerns certain second-order questions about ethics—questions not in ethics, but rather ones about our thought and talk about ethics, and how the ethical facts (insofar as there are any) fit into reality. Analogously, the branch of contemporary philosophy of law that is often called “general jurisprudence” deals with certain second-order questions about law—questions not in the law, but rather ones about our thought and talk about the law, and how legal facts (insofar as there are any) fit into reality. Put more roughly (and using an alternative spatial metaphor), metaethics concerns a range of foundational questions about ethics, whereas general jurisprudence concerns analogous questions about law. As these characterizations suggest, the two sub-disciplines have much in common, and could be thought to run parallel to each other. Yet, the connections between the two are currently mostly ignored by philosophers, or at least under-scrutinized. The new essays collected in this volume are aimed at changing this state of affairs. The volume collects together works by metaethicists and legal philosophers that address a number of issues that are of common interest, with the goal of accomplishing a new rapprochement between the two sub-disciplines.
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9

Widerquist, Karl, and Grant S. McCall. Implications. Edinburgh University Press, 2017. http://dx.doi.org/10.3366/edinburgh/9780748678662.003.0011.

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Earlier chapters of this book found that the Hobbesian hypothesis is false; the Lockean proviso is unfulfilled; contemporary states and property rights systems fail to meet the standard that social contract and natural property rights theories require for their justification. This chapter assesses the implications of those findings for the two theories. Section 1 argues that, whether contractarians accept or reject these findings, they need to clarify their argument to remove equivocation. Section 2 invites efforts to refute this book’s empirical findings. Section 3 discusses a response open only to property rights theorists: concede this book’s empirical findings and blame government failure. Section 4 considers the argument that this book misidentifies the state of nature. Section 5 considers a “bracketing strategy,” which admits that observed stateless societies fit the definition of the state of nature, but argues that they are not the relevant forms of statelessness today. Section 6 discusses the implications of accepting both the truth and relevance of the book’s findings, concluding that the best response is to fulfil the Lockean proviso by taking action to improve the lives of disadvantaged people.
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Gugerty, Mary Kay, and Dean Karlan. Invisible Children Uganda. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780199366088.003.0011.

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Monitoring and evaluation systems rarely begin as right fits; instead, they evolve over time, often to meet the demands of internal learning, external accountability, and a given stage of program development. This case follows Invisible Children Uganda as it formalizes its monitoring and evaluation system in response to increased visibility, the demands of traditional donors, and an internal desire to understand impact. Readers will consider how Invisible Children’s first logical framework—a rough equivalent of a theory of change—lays the foundation for a right-fit monitoring and evaluation system. Readers will also analyze the broader challenges of commissioning high-quality impact evaluations and the importance of clearly defining them.
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11

Perdue, Peter C. East Asia and Central Eurasia. Edited by Jerry H. Bentley. Oxford University Press, 2012. http://dx.doi.org/10.1093/oxfordhb/9780199235810.013.0023.

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Since ancient times, East Asia and Central Eurasia have been connected to the world. Nationalist histories, however, have focused on the internal ‘unity’ of each of the nation-states of East Asia — China, Korea, Japan, and Vietnam — while Central Eurasia has been fragmented into ‘Inner Asia’ (Mongolia, Tibet, Xinjiang, and Manchuria) and ‘Central Asia’ (former soviet Central Asia). These arbitrary divisions ignore similarities and interactions within Asia, and they no longer fit the post-1989 world. Globalization and nationalism have now developed together. Nevertheless, East Asia and Central Eurasia have a much longer history of cultural and economic interaction than of nationalist isolation. This article suggests way to study the global connections of East Asia and Central Eurasia. It considers state contacts, stat formation and expansion, and great divergences between nations.
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12

Jackson, Frank. Causation and Semantic Content. Edited by Helen Beebee, Christopher Hitchcock, and Peter Menzies. Oxford University Press, 2010. http://dx.doi.org/10.1093/oxfordhb/9780199279739.003.0029.

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How does causation enter the picture? Belief is a state shaped by the world, a state that seeks to fit the world; desire is a state that shapes the world, that seeks to make the world fit it. Both metaphors are compelling and are loaded with causality. We often use ‘reference’ for the relation between thought and world. We often use ‘content’ for how things have to be for, for example, a belief with that content to be true and a desire with that content satisfied. In these terms, the tradition of seeking to understand aboutness in causal terms is the tradition of seeking causal accounts of reference and content.
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13

Weinreb, Alice. Fighting Fat. Oxford University Press, 2017. http://dx.doi.org/10.1093/acprof:oso/9780190605094.003.0007.

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This chapter looks at the obesity epidemic that emerged in East and West Germany during the 1970s and 1980s. It compares the ways in which socialist and capitalist nutritionists and economists diagnosed and attempted to treat the new problem of widespread overweight. Despite expressing different attitudes toward fatness, East Germany and West Germany attempted to solve the problem of obesity using similar strategies, including expanding food options for private purchases and modifying the caloric content of institutional meals, especially in canteens. However, in both states these projects failed to reverse the population’s steady weight gain. When it came to fatness, the two states were more similar than not, despite deeply held beliefs that their populations consumed quite different diets.
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14

Ellis, Jason. Awesome Guide to Life: Get Fit, Get Laid, Get Your Sh*t Together. HarperCollins Publishers, 2014.

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15

Katia, Yannaca-Small. Part IV Guide to Key Substantive Issues, 20 Fair and Equitable Treatment: Have Its Contours Fully Evolved? Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198758082.003.0020.

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The fair and equitable treatment (FET) standard is an ‘absolute’, or ‘non-contingent’, standard of treatment, i.e. a standard that states the treatment to be accorded in terms that have their own normative content, as contrasted with the ‘relative’ standards embodied in the ‘national treatment’ and ‘most-favoured-nation’ principles, which define the required treatment by reference to the treatment accorded to other investments in similar circumstances. The FET is the most often invoked treaty standard in investor-state arbitration, present in almost every single claim brought by foreign investors against host States. This chapter tackles the FET standard from two angles: its position in the international law context and the elements identified by arbitral tribunals as forming part of this standard (and their balance).
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Hansford, Thomas G. Vertical Stare Decisis. Edited by Lee Epstein and Stefanie A. Lindquist. Oxford University Press, 2017. http://dx.doi.org/10.1093/oxfordhb/9780199579891.013.18.

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This chapter critically assesses the current state of the literature on vertical stare decisis. It begins with a consideration of how stare decisis does, or does not, fit with the principal–agent framework that is often used as a starting point for theories of the relationship between high and low courts. Various approaches to testing the existence of vertical stare decisis and the factors that might condition the strength of this constraint are then addressed. While there is a good deal of evidence that is consistent with the claim that High Court precedent constrains lower court decision-making, this evidence is not as conclusive as it might first appear. There is also ambiguity regarding the precise causal mechanism at work. This chapter then considers recent scholarship focused on the potential for bottom-up influences on the operation of precedent in a judicial hierarchy.
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17

Lauria, Federico. The “Guise of the Ought-to-Be”. Oxford University Press, 2017. http://dx.doi.org/10.1093/acprof:oso/9780199370962.003.0006.

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How are we to understand the intentionality of desire? According to the two classical views, desire is either a positive evaluation or a disposition to act. This essay examines these conceptions of desire and argues for a deontic alternative, namely the view that desiring is representing a state of affairs as what ought to be. Three lines of criticism of the classical pictures of desire are provided. The first concerns desire’s direction of fit, i.e. the intuition that the world should conform to our desires. The second concerns the “death of desire” principle, i.e. the intuition that one cannot desire what one represents as actual. The last pertains to desire’s role in psychological explanations, i.e. the intuition that desires can explain motivations and be explained by evaluations. Following these criticisms, three positive arguments in favor of the deontic conception are sketched.
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18

Banaszak, Lee Ann, and Anne Whitesell. Inside the State. Edited by Holly J. McCammon, Verta Taylor, Jo Reger, and Rachel L. Einwohner. Oxford University Press, 2017. http://dx.doi.org/10.1093/oxfordhb/9780190204204.013.23.

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This chapter focuses on women’s activism within government, particularly in national and state legislatures, as well as in the government bureaucracies at the national and state level. It begins by defining women’s activism in these arenas, and then discusses whether the type of activism of these groups fits with the understanding of activism in the social movement literature, drawing connections to issues of substantive and descriptive representation. A second section introduces the different tactics and strategies that these insider activists might utilize. The chapter then examines insider activists within the bureaucracies and legislatures separately, summarizing current understandings of insider activism in each branch and highlighting how institutional forms might influence their activism. We also analyze various definitions of women insider activists in detail, discussing how definitional differences might lead to different conclusions about the roles these women play. Finally, the chapter points to some directions for future research.
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19

Heslin, Peter J. The Lover’s Mockumentary. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780199541577.003.0001.

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Propertius’ text is fraught with controversy, and this introductory chapter addresses several contentious issues: the state of his text, his political affiliations, his relationship with Cornelius Gallus, his knowledge of Greek literature and the fictiveness of the elegies. It also argues that Propertius must be seen as the third great poet in the circle of Maecenas, not as a member of the elegiac tradition later invented by Ovid. A methodology is set out for interpreting the frequent instances of mythological aporia, where an exemplum seems to be superfluous, irrelevant, or to fit its rhetorical context poorly. Two concrete examples of this approach are offered, one as applied to an elegy of Propertius and another to an ode of Horace; the latter is an effort to show that this approach is valid for Augustan poetry in general, and not just an attempt to rationalize a hopelessly corrupt textual tradition.
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20

Cabrera, Luis. Introduction. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190905651.003.0001.

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Is a global institutional order composed of sovereign states fit for cosmopolitan moral purpose? This question has lain near the heart of cosmopolitan thought at least since Kant’s interventions of the 1780s and 1790s. Kant seemed torn between supporting large-scale global institutional reforms—the creation of a world republic—and promoting a more modest transformation of states and their interrelations within a voluntary union. Likewise, in the more recent flowering of cosmopolitan thought, dating to the 1970s and intensifying from the immediate post–Cold War period, a persistent question has been whether states can be ascribed duties consistent with a cosmopolitan moral orientation, or whether, as Harold Laski memorably put it in 1925, state sovereignty is simply “incompatible with the interests of humanity.” Such institutional questions are central to this volume. This chapter introduces the major themes examined here and summarizes each author’s contribution.
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21

Gorlizki, Yoram. Communism and the Law. Edited by Heikki Pihlajamäki, Markus D. Dubber, and Mark Godfrey. Oxford University Press, 2018. http://dx.doi.org/10.1093/oxfordhb/9780198785521.013.48.

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In the early twentieth century Russia embarked on one of the most radical legal experiments ever undertaken in a modern state. The chapter describes this experiment, paying particular attention to the role of Bolshevik ideology in shaping the new socialist legal order. It then goes on to assess the fit between this legal order and the three institutional pillars of socialism (rule by a Leninist party, a predominance of state ownership of productive property, and a top-down system of bureaucratic coordination), suggesting that it was these pillars that gave Soviet law its most distinctive and enduring characteristic: a tendency for agencies of justice to be subsumed within an overarching system of central management. Finally the chapter considers the transplantation of socialist law to the states of Eastern Europe after the Second World War, examines efforts to reform the socialist legal system and assesses its legacy today.
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Lee, Donna, and Brian Hocking. Economic Diplomacy. Oxford University Press, 2018. http://dx.doi.org/10.1093/acrefore/9780190846626.013.384.

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Mainstream studies of diplomacy have traditionally approached international relations (IR) using realist and neorealist frameworks, resulting in state-centric analyses of mainly political agendas at the expense of economic matters. Recently, however, scholars have begun to focus on understanding international relations beyond security. Consequently, there has been a significant shift in the study of diplomacy toward a better understanding of the processes and practices underpinning economic diplomacy. New concepts of diplomacy such as catalytic diplomacy, network diplomacy, and multistakeholder diplomacy have emerged, providing new tools not only to recognize a greater variety of state and nonstate actors in diplomatic practice, but also to highlight the varied and changing character of diplomatic processes. In this context, two themes in the study of diplomacy can be identified. The first is that of diplomat as agent, in IR and international political economy. The second is how to fit into diplomatic agency officials who do not belong to the state, or to a foreign ministry. In the case of the changing environment caused by globalization, economic diplomacy commonly drives the development of qualitatively different diplomatic practices in new and existing economic forums. Four key modes of economic diplomacy are critical to managing contemporary globalization: commercial diplomacy, trade diplomacy, finance diplomacy, and consular visa services in relation to increased immigration flows. The development of these modes of economic diplomacy has shaped the way we think about who the diplomats are, what diplomats do, and how they do it.
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23

Deonna, Julien A., and Federico Lauria, eds. The Nature of Desire. Oxford University Press, 2017. http://dx.doi.org/10.1093/acprof:oso/9780199370962.001.0001.

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Desire plays a pivotal role in our lives. Yet in recent times, it has not been a central topic in the philosophy of mind. The aim of this book is to redress this imbalance. What are desires? According to a dogma, desire is a motivational state: desiring is being disposed to act. This conception aligns with the functionalist approach to desire and the standard account of desire’s direction of fit and of its role in explaining action. According to a second influential approach, however, desire is first and foremost an evaluation: desiring is representing something as good. This is in line with the thesis that we cannot desire something without “seeing” any good in it (the “guise of the good”). Are desires motivational states? How are we to understand desire’s direction of fit? How do desires explain action? Are desires evaluative states? Is the guise of the good true? Should we adopt an alternative picture that emphasizes desire’s deontic nature? Which view of desire does the neuroscientific evidence favor? The first section of the volume is devoted to the puzzle of desire’s essence and addresses these questions, among others. The second part investigates some implications that the various conceptions of desire have on a number of fundamental issues: Why are inconsistent desires problematic? What is desire’s role in practical deliberation? How do we know what we want? This volume is bound to contribute to the emergence of a fruitful debate on a neglected, albeit crucial, dimension of the mind.
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Arditti, Joyce A. Parental Incarceration and Family Inequality in the United States. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198810087.003.0003.

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This chapter argues that mass incarceration is an insidious mechanism to limit equal opportunity to freely and optimally ‘do family’. Indeed, research documents a host of negative family outcomes associated with parental incarceration and children seem to be particularly vulnerable. This chapter introduces a ‘Family Inequality Framework’ (FIF), which builds on research and theory that conceptualizes parental incarceration as an ongoing family stressor that influences critical parenting processes and indices of family functioning. Based on family stress theory and ecological frameworks, the FIF points to material hardship as the main conduit through which parental incarceration contributes to and reproduces family inequality. Moreover, an FIF represents a shift in emphasis from how mass imprisonment contributes to inequality among incarcerated adults, to how parental incarceration contributes to inequality among children.
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25

Norah, Gallagher, and Shan Wenhua. 3 Fair And Equitable Treatment. Oxford University Press, 2009. http://dx.doi.org/10.1093/law:iic/9780199230259.003.003.

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Like other bilateral investment treaties (BITs), Chinese BITs establish a set of general standards of treatment accorded to foreign investors by the host state. The most commonly found general standards of treatment include fair and equitable treatment (FET), (full) protection and security (PNS), most favoured nation treatment (MFN), and national treatment (NT). The first two belong to the group of non-contingent standards (or so-called “absolute standard of treatment”), whilst the latter two are forms of contingent standards (or “relative standards of treatment”). Absolute standards do not depend on treatment granted to other investors. In contrast, the relative standards are contingent on treatment given to other categories of investors, nationals of the host state in the case of NT and investors from third states for the MFN. This chapter begins with an examination of the FET standard, focusing on the different approaches of interpretations that have been developed in theory and in arbitration practice. It then analyzes the standard under Chinese BITs and assesses the implications of its standard format and any variations.
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Lever, John, and Johan Fischer. Religion, regulation, consumption. Manchester University Press, 2018. http://dx.doi.org/10.7228/manchester/9781526103642.001.0001.

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This book explores the emergence and expansion of global kosher and halal markets with a particular focus on the UK and Denmark. Kosher is a Hebrew term meaning “fit” or “proper” while halal is an Arabic word that literally means “permissible” or “lawful”. This is the first book of its kind to explore kosher and halal comparatively at different levels of the social scale such as individual consumption, the marketplace, religious organisations and the state. Within the last two decades or so, kosher and halal markets have become global in scope and states, manufacturers, restaurants, shops, certifiers and consumers around the world are faced with ever stricter and more complex kosher and halal requirements. The book is based on extended periods of research carried out in the UK and Denmark where kosher and halal are of particular significance. The research question in this book is: What are the consequences of globalising kosher and halal markets? This book argues that the similarities and differences between kosher and halal consumption, production and regulation in different national contexts are not well understood. We further argue that to better understand global kosher and halal markets these should be explored at different levels of the social scale. The book will be appropriate for students in a variety of upper-level undergraduate courses and graduate seminars as well as academics of food (science), sociology/anthropology, religion, globalisation, politics, economics, business/management as well as companies that are or want to be kosher/halal certified. It will also be of interest to religious organisations and policy makers.
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Elies, van Sliedregt. Part 1 Introduction, 1 Criminal Responsibility in International Law. Oxford University Press, 2012. http://dx.doi.org/10.1093/acprof:oso/9780199560363.003.0001.

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The reality of warfare has changed considerably over time. While most, if not all, armed conflicts were once fought between states, many are now fought within states. Particularly since the end of the Cold War the world has witnessed an outbreak of non-international armed conflicts, often of an ethnic nature. Since the laws of war are for the most part still premised on the concept of classic international armed conflict, it proved difficult to fit this law into ‘modern’ war crimes trials dealing with crimes committed during non-international armed conflicts. The criminal law process has therefore ‘updated’ the laws of war. The international criminal judge has brought the realities of modern warfare into line with the purpose of the laws of war (the prevention of unnecessary suffering and the enforcement of ‘fair play’). It is in war crimes law that international humanitarian law has been further developed. This chapter discusses the shift from war crimes law to international criminal law, the concept of state responsibility for individual liability for international crimes, and the nature and sources of international criminal law.
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Lawrie, Paul. Race, Work, and Disability in Progressive Era United States. Edited by Michael Rembis, Catherine Kudlick, and Kim E. Nielsen. Oxford University Press, 2018. http://dx.doi.org/10.1093/oxfordhb/9780190234959.013.14.

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Throughout U.S. history, the production of difference, whether along racial or disability lines, has been inextricably tied to the imperatives of labor economy. From the plantations of the antebellum era through the assembly lines and trenches of early-twentieth-century America, ideologies of race and disability have delineated which peoples could do which kinds of work. The ideologies and identities of race, work, and the “fit” ’ or “unfit” body informed Progressive Era labor economies. Here the processes of racializing or disabling certain bodies are charted from turn-of-the-century actuarial science, which monetized blacks as a degenerate, dying race, through the standardized physical and mental testing and rehabilitation methods developed by the U.S. army during World War I. Efforts to quantify, poke, prod, or mend black bodies reshaped contemporary understandings of labor, race, the state, and the working body.
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Corbett, Jack, and Wouter Veenendaal. Democracy in Small States. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198796718.001.0001.

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This book brings thirty-nine small democracies into the comparative politics canon for the first time. For over fifty years, scholars have debated the complex and dynamic process called democratization: currently the discipline thinks that economic growth, cultural homogeneity, institutional design, party system institutionalization, and geographic location explain why some transitions consolidate, and others do not. But this work has systematically overlooked the world’s thirty-nine smallest states (with populations of 1 million or less), located in Africa, Asia, Europe, the Pacific, and Caribbean, which constitute 20 percent of all countries. These states are much more likely than larger states to be democratic. Existing theory is tested against these understudied cases using a combination of statistical analysis and cross-case comparison. A new theory is then built, based on extensive qualitative research in small states. The personalization of politics is highlighted as ubiquitous in small states, regardless of region, history, institutional design, and level of economic wealth; and as strongly shaping the practice of politics in these countries. Many factors that democratization scholars argue predict successful consolidation do not fit small states: democracy can and does persist against all odds. This hopeful finding is significant in a world of rising democratic pessimism. The book’s optimism is tempered, however by showing that the hyper-personalized politics common to all small states is not without problems, including executive domination, patron-client linkages and extreme polarization. These offer cautionary lessons for all democracies in an era increasingly defined by populism and rising citizen disaffection with representative institutions.
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Cabrera, Luis, ed. Institutional Cosmopolitanism. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190905651.001.0001.

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Is a global institutional order composed of sovereign states fit for cosmopolitan moral purpose? Cosmopolitan political theorists challenge claims that states, nations, and other collectives have ultimate moral significance. They focus instead on individuals: on what they share and on what each may owe to all others. They see principles of distributive justice—and increasingly political justice—applying with force in a global system in which billions continue to suffer from severe poverty and deprivation, political repression, interstate violence, and other ills. Cosmopolitans diverge, however, on the institutional implications of their shared moral view. Some argue that the current system of competing sovereign states tends to promote unjust outcomes and stands in need of deep structural reform. Others reject such claims and contend that justice can be pursued through transforming the orientations and conduct of individual and collective agents, especially states. This volume brings together prominent political theorists and international relations scholars—including some skeptics of cosmopolitanism—in a far-ranging dialogue about the institutional implications of the approach. The contributors offer penetrating analyses of both continuing and emerging issues around state sovereignty, democratic autonomy and accountability, and the promotion and protection of human rights. They also debate potential reforms of the current global system, from the transformation of cities and states to the creation of some encompassing world government capable of effectively promoting cosmopolitan aims.
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Grossman, Lewis A. Choose Your Medicine. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780190612757.001.0001.

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Choose Your Medicine is the first comprehensive history of the concept of freedom of therapeutic choice in the United States. It draws on legal history and the history of medicine (as well as political, intellectual, cultural, and social history) to examine the ways that persistent but evolving notions of a right to therapeutic choice have affected American law, regulation, and policy from the country’s origins to the present. It describes social movements and legal efforts dedicated to resisting government measures denying individuals an unfettered choice among therapeutic products and methods. The targets of this activism have included, among others, state medical licensing statutes, FDA restrictions on the distribution of unapproved drugs, state and federal prohibitions against medical marijuana, formulary limitations in government insurance programs, abortion restrictions, and prohibitions on physician-assisted suicide. The narrative’s protagonists range from unschooled supporters of botanical medicine in the early nineteenth century to sophisticated cancer patient advocacy groups in the twenty-first. The book considers how all of these examples, taken together, fit within the broader development of the idea of freedom of therapeutic choice in American history and law.
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32

Tocqueville, Alexis de, and Eduardo Nolla. Democracy in America: In Two Volumes. Liberty Fund, Incorporated, 2012.

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33

Tocqueville, Alexis de. Democracy in America: In Two Volumes. Liberty Fund, Incorporated, 2012.

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34

Dahl, Matilda. Reform and Rescue. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198815761.003.0013.

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Describing the transition to a market economy in the 1990s and recovery from the financial crisis after 2008 in the Baltic states, particularly in Latvia, we explore the various roles that international organizations (IOs) can assume in order to influence market organization. IOs see states as independent decision makers in control of markets through organization. Paradoxically, however, the practice of IOs and the advice they offer undermine the independent decisions of states, because states are expected to reform in accordance with the IOs’ ideas—ideas that further build on decontextualized notions that may not fit the situation of individual states. Recovering from crises, the Baltic states succeeded in regaining control over markets by not conforming to IO ideas.
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Alexandrowicz, C. H. The New States and International Law (1974). Oxford University Press, 2017. http://dx.doi.org/10.1093/acprof:oso/9780198766070.003.0029.

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This chapter examines some of the legal problems resulting from the entry of the ‘new’ states (mainly the Afro–Asian countries) into the family of nations. The orthodox view is that such states have no choice as to the law which shall apply to them since they are born into the existing international order and must accept its tenets. However, the practice of the ‘new’ states does not supply sufficient evidence of such a fait accompli. There are legal rules that they tend to reject as well as rules they wish to have included. Among the existing principles that ‘new’ states refuse to accept or that they accepted with far-reaching reservations are the legal principles relating to economic relations. Other branches of international law that are under revisionist pressure from the ‘new’ states are the law of state succession and the law of the sea.
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Dwyer, James G. Regulating Child Rearing in a Culturally Diverse Society. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198786429.003.0014.

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Common complaints against state agencies that regulate parental conduct are that they are insensitive to cultural diversity, unfairly force adult members of cultural minorities to conform to majoritarian norms, and consequently both disrupt parent–child relationships to children's detriment and threaten the very survival of minority cultures. This chapter will address the difficult question of whether and to what extent state agencies should modify child-welfare standards to fit different practices of minority cultural groups. Answering this question entails: clarifying the state’s role generally in the lives of non-autonomous persons, considering who is the best alternative decision maker for them, articulating the value commitments of modern liberal societies, assessing the appropriateness of applying those commitments to state regulation of care for non-autonomous persons, and critically examining claims of adult entitlement to dictate the course of particular young persons’ lives.
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della Cananea, Giacinto, and Stefano Mannoni, eds. Administrative Justice Fin de siècle. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198867562.001.0001.

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This book argues that too often the evolution of administrative law in Europe has been considered in the light of legal doctrines fashioned at the national level, if not of few authors, whose works are quoted to stress the different paths undertaken by European countries after the French Revolution. The book deviates from these standard accounts in that it focuses on control of administrative power by the courts and considers, empirically, judicial decisions at the epoch of the Belle Époque, more precisely the years 1890-1910. The legal systems selected for comparison include Austria, Belgium, France, Germany, Italy, and the UK. Some relied on ordinary or generalist courts, while others created administrative courts, The outcome of the analysis confirms that, in contrast with the over-emphasized differences among national legal doctrines, the challenges which those legal systems faced were largely the same. Moreover, and more importantly, the analysis of the standards of conduct defined and refined by the courts reveals that they exercised an increasingly vigorous control over discretion. They gradually opened the gates of judicial review to new interests, intervened on grounds of purpose and defined general principles of law that were very similar, if not the same. The courts, not legislators, thus created the central tenets of administrative law. Finally, various explanations for the role played by the courts are considered in legal, historic, and political perspectives. The book thus provides an unprecedented outlook on the relationship between public authorities and individuals at the zenith of the sovereign state.
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Leiser, Mark, and Andrew Murray. The Role of Non-State Actors and Institutions in the Governance of New and Emerging Digital Technologies. Edited by Roger Brownsword, Eloise Scotford, and Karen Yeung. Oxford University Press, 2016. http://dx.doi.org/10.1093/oxfordhb/9780199680832.013.28.

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New digital technologies pose particular problems for regulators. The utility of these technologies is maximized by linking them to the Internet. But Internet technology does not respect national borders, thereby undermining the traditional legitimacy of the Westphalian state to regulate activity within its jurisdictional borders. This has led to the development of competing cyber-regulatory models that attempt to bridge the gap between traditional Westphalian governance and the new reality of the global digital space. Many of these, although not all, fit within post-Westphalian literature. Some, drawing from globalization and post-Westphalian models, seek to identify and deploy key governance nodes. Such models identify roles for non-state actors, private corporations, and supranational governance institutions. The unhappy relationship between old-world, Westphalian legal governance and new-world, post-Westphalian governance generates ongoing conflict and is the backdrop to this chapter which identifies and discusses a number of case studies in digital governance.
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Gilmore, Jonathan. Apt Imaginings. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780190096342.001.0001.

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Do people’s responses to works of art track their responses to the real world? Specifically, do emotions, cognitions, and desires elicited by fictional stories and visual imaginings differ—in their constitution or the norms that govern them—from those based on beliefs and perceptions? A commitment to one or another answer to this question animates reflection on the nature of art from Plato’s banishment of dramatic poetry from his ideal state to theories in cognitive science of the role of imagination in our mental life. This book defends a thesis of normative discontinuity: although the doxastic representations, emotions, desires, and evaluations that one forms in engaging with a fiction depend on much of the same psychological and neurophysiological machinery one employs in navigating the real world, the norms that govern the appropriateness of those attitudes toward what is fictional or imagined can be contrary to the norms that govern their fit to analogous things in the real world. In short, this book argues that the functions of art ground, on occasion, a kind of autonomy of the imagination: what would be the wrong way to feel or think about states of affairs in the real world could be the right way to feel or think when those states of affairs are only make-believe.
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Huntjens, Patrick, Ting Zhang, and Katharina Nachbar. Climate Change and Implications for Security and Justice. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198805373.003.0007.

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This chapter examines state-of-the art research and thinking on the implications of climate change for security and justice, clarifying the linkages between them and identifying key governance challenges. Climate justice is about protecting the rights of the most vulnerable and sharing the burdens and benefits of climate change and responses to it equitably and fairly, at the state level as well as beyond the state, while safeguarding the rights of future generations. Broader conceptions of climate security as human security have prevailed, and no trend toward greater militarization of climate action is evident, but successful mitigation and adaptation strategies will be critical components of future peacebuilding work. The chapter ends with recommendations that provide potential pathways for policy and governance reform at multiple levels, both to make multilevel climate governance more fit for purpose, and to better anticipate and address the predicted security and justice implications of climate change.
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Stone, Derrick. Walks, Tracks and Trails of Victoria. CSIRO Publishing, 2009. http://dx.doi.org/10.1071/9780643097919.

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For the first time in a single volume, this book brings together more than 150 of the best walks, tracks or trails in Victoria, which can be walked, cycled or driven by the moderately fit individual. They are located in national and state parks, state forests, conservation reserves, historic parks and local government and public easements. Other routes follow state highways, old railways and gold routes, or pass bushranger haunts and back roads linking towns, historical and geological or geographical features. Most of the routes chosen do not require specialist navigation or bushcraft skills, and vary from a short 45 minutes on a boardwalk to four-day long-distance walking and camping. Walks, Tracks and Trails of Victoria covers the best the state has to offer, from deserts to coastal and mountain environments. It highlights the features of each location and encourages you to enjoy the experience at an informed level. Easy-to-interpret maps are included to help you navigate, and the book’s size makes it convenient to bring with you on your adventures.
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Fischerkeller, Michael P., Emily O. Goldman, Richard J. Harknett, and Paul M. Nakasone. Cyber Persistence Theory. Oxford University Press, 2022. http://dx.doi.org/10.1093/oso/9780197638255.001.0001.

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Cyber persistence theory introduces a new logic and lexicon aligned to the empirical experience of cyber activity in international relations. The reality of State behavior and interaction in cyberspace has been quite different from the model of war and coercion upon which many countries base their cyber strategies. This unexpected reality has developed because security in and through cyberspace rests on a distinct set of features that differ from the dominant security paradigms associated with nuclear and conventional weapons environments. Cyber persistence theory posits the existence of a distinct strategic environment supporting the logic of exploitation rather than coercion. To achieve security in this cyber strategic environment, States must engage in initiative persistence, continuously setting and maintaining the conditions of security in their favor. The theory introduces the key concept of the cyber fait accompli and addresses the potential for cyber stability through a tacit bargaining process. The book provides empirical evidence of strategic cyber campaigning and details how the cyber strategic environment can impact State behavior with a case study of the United States. The cyber strategic environment requires its own theory to achieve security. Whereas security requires States to triumph in war in the conventional environment and avoid war in the nuclear environment, States in the cyber strategic environment may have a true alternative to war in order to achieve strategically relevant outcomes. Understanding how States will leverage that alternative is the central question of early twenty-first-century international security.
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Figone, Albert J. Student-Athletes and Campus Bookies. University of Illinois Press, 2017. http://dx.doi.org/10.5406/illinois/9780252037283.003.0008.

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This chapter reviews further basketball scandals from the 1980s and 1990s. As the professionalization and commercialization of college sports continued, gambling became increasingly accepted among college students. Since wagering on college sports was illegal in all states except Nevada, shady bookmakers reaped immense sums from the public's interest in betting on college football and basketball. By the early 1980s, the NCAA relied on the federal, state, and local governments to enforce and prosecute gambling-related crimes because the association, along with the conferences and colleges' athletic establishments, found it impossible to prevent game fixing. Most coaches had convinced the public that it was impossible to detect the rigging of basketball games, a viewpoint that only encouraged anyone wanting to fix games. A new generation of college student gamblers on sports would contribute to the decades-old scourge of game rigging, leading once again to federal and state investigations and prosecutions.
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Shaw, Kristin, and Katelyn Davis. Women Driven Mobility: Rethinking the Way the World Moves. SAE International, 2021. http://dx.doi.org/10.4271/9781468603095.

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Where do women fit into the automotive industry? In every possible space-including those they have yet to invent! As Katelyn Shelby Davis and Kristin Shaw demonstrate in Women Driven Mobility, women are in leadership roles in all aspects of the industry. Davis and Shaw seek bring awareness and reroute this through a series of case studies that feature women working in 11 vital pillars of the mobility industry: Awareness and community advocacy Design and engineering Funding Infrastructure Marketing and communications Mobility on demand Placemaking Policy and legislation Sustainability Talent and education Technology and innovation Foreword by Governor Gretchen Whitmer, State of Michigan
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Landau, Norma. The Changing Persona of the Justices and their Quarter Sessions. Edited by Lorna Hutson. Oxford University Press, 2017. http://dx.doi.org/10.1093/oxfordhb/9780199660889.013.31.

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The standard portrait of the justices of the peace of early modern England is that of gentry, landed provincials, conducting their counties’ local government and so personifying ‘self-government at the king’s command.’ This essay disputes that depiction. First, it argues that it was not until relatively late in the early modern era that local gentry determined the persona of the county bench. Second, it argues that it was not until the later seventeenth century that the early modern state sufficiently differentiated its functions so as to create ‘local government.’ In so doing, it created a sphere of government fit for provincial rulers.
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Corbett, Jack, and Wouter Veenendaal. Democratization and Geography. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198796718.003.0006.

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Chapter 6 problematizes the conflicting arguments that proximity to democratic neighbours and islandness strongly affect democratic development. First, even though small states are extremely susceptible to external and regional influences, the argument that democracy is caused by demonstration effects does not fit (partially) authoritarian small states in ‘democratic’ Europe (i.e. Liechtenstein and Monaco), but also not the fully democratic small states in ‘undemocratic’ Africa (i.e. Cape Verde and São Tomé and Príncipe). Second, while most small states are islands, insularity can pose formidable obstructions to democratic performance, especially in remote archipelagic states such as Comoros, Kiribati, Maldives, FSM, Marshall Islands, and Seychelles. Relations between islands united in one political unit are often strongly antagonistic, posing a threat to political stability and democracy. We conclude that the ways elites frame external influence is the key factor, with the discourse of vulnerability acting as a powerful means of obtaining internal acquiescence.
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Dryfoos, Joy G. Adolescents at Risk. Oxford University Press, 1992. http://dx.doi.org/10.1093/oso/9780195072686.001.0001.

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Seven million youngsters--one in four adolescents--have only limited potential for becoming productive adults because they are at high risk for encountering serious problems at home, in school, or in their communities. This is one of the disturbing findings in this unique overview of what is known about young people aged 10 to 17 growing up in the United States today. The book explores four problem areas that are the subject of a great deal of public interest and social concern: delinquency, substance abuse, teen pregnancy, and school failure. In examining these problem areas, Dryfoos has three objectives: to present a more cogent picture of adolescents who are at risk of problem behaviors and where they fit in society; to synthesize the experience of programs that have been successful in changing various aspects of these behaviors; and to propose strategies for using this knowledge base to implement more effective approaches to helping youngsters succeed. Among the key concepts emerging from this study are the importance of intense individual attention, social skills training, exposure to the world of work, and packaging components in broad, community-wide interventions. Schools are recognized as the focal institution in prevention, not only in regard to helping children achieve academically, but in giving young people access to social support and health programs. The author also proposes comprehensive youth development initiatives at the local, state and national level, based on programs shown to be effective in real practice. This landmark, state-of-the-art study represents an indispensable resource for anyone interested in the welfare and current problems of youth, including psychologists, sociologists, school administrators, state and federal officials, policymakers, and concerned parents.
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Stone, Derrick. Walks, Tracks and Trails of New South Wales. CSIRO Publishing, 2012. http://dx.doi.org/10.1071/9780643106918.

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For the first time in a single volume, this book brings together more than 140 of the best walks, tracks or trails in New South Wales, which can be walked by the moderately fit individual. They are located in national parks, coastal parks, state forests, conservation reserves, historic parks and local government and public easements. Other routes follow state highways, minor roads, coastal cliffs, old gold routes, or pass bushranger haunts and back roads linking towns and historical features. Most routes do not require specialist navigation or bushcraft skills, and vary in length from a 45-minute stroll to a 4-day, 65-kilometre camping trip. Walks, Tracks and Trails of New South Wales highlights the best the state has to offer, from an outback ghost town and ancient lake beds, to Australia’s highest mountain, coastal environments and World Heritage rainforests. Easy-to-interpret maps are included to help you navigate, and the book’s size makes it convenient to bring with you on your adventures.
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de Nevers, Renée. Private Military and Security Companies. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780199379774.003.0011.

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Private military and security company (PMSC) employees are not soldiers, but their activities often place them in conflict zones. Their presence has complicated efforts to ensure the effectiveness of international humanitarian law (IHL) in fluid situations involving state and nonstate actors. This chapter explores how PMSCs fit in the framework of IHL and the broader legal framework governing PMSCs, along with state and international efforts to ensure PMSC compliance with IHL. Critical issues concern the status of PMSC contractors under IHL, which determines the protections they should be accorded; their training in the laws of war; and the rules regarding the use of force under which contractors operate. The legal framework holding PMSC employees accountable remains uneven in its global reach, and voluntary frameworks have emerged to develop and enforce good business practices and adherence to human rights standards. Whether these measures will be effective remains to be seen.
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Ryan, Eileen. Crafting an Italian Approach to Colonial Rule. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190673796.003.0003.

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In the years leading up to the Italian invasion of Libya in 1911, a variety of Italian imperialists considered the possibilities of negotiating a positive relationship with Sanusi elites to facilitate Italian expansion. One of the most vocal proponents of an Italo-Sanusi relationship was Enrico Insabato, an eccentric secret agent of the Italian state police stationed in Cairo starting in 1902. Insabato advocated the projection of a traditionalist Catholic identity in Italian expansionism based on the assumption that Sanusi elites would welcome Italian rule as the antithesis of the secularizing reforms of England and Istanbul. Insabato’s pro-Islamic approach faced fierce opposition within the Italian Ministry of Foreign Affairs and among officers in the Italian military, but the idea of celebrating religious traditionalism fit with an interest in encouraging Catholic participation in national politics after decades of acrimonious church-state relations in Italy.
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