Chapter 4 examines what led to the emergence of the strong parties that helped bring about democracy in some South American countries. It shows that during the late nineteenth and early twentieth century, relatively strong national parties arose in Chile, Colombia, and Uruguay, and, to a lesser extent, in Argentina and Paraguay, but not in the other countries of the region. Two main factors shaped party development during this period. First, strong parties emerged in countries that had intense but relatively balanced religious or territorial cleavages, where neither side of a cleavage clearly dominated the other. Religious issues, in particular, generated passions that politicians could exploit to build parties. Second, strong parties tended to emerge in countries that had populations concentrated in relatively small areas without major geographic barriers. In these countries, it was easier for politicians to mount national campaigns and for party leaders to develop organizations that penetrated the entire country. These arguments are explored through comparative statistics and brief case studies of party development in all ten South American countries.

The purpose of this chapter is to show how and where paradata emerges ‘in the wild’ of the many varieties of research documentation produced during scholarly work, and to demonstrate what this paradata might look like. The examination of paradata in research documentation is approached using perspectives of data ‘as practice’ and data ‘as thing’, emphasising simultaneously that paradata is malleable and will manifest differently across contexts of data production and use, but also that paradata is a tangible data phenomenon with identifiable characteristics. This chapter draws empirically from an interview study of archaeologists and archaeological research data professionals (N=31). Theoretical framing is provided by scholarship on data and documentation. The chapter reveals how paradata in research documentation emerges in different forms and with varying scope, comprehensiveness and degrees of formalisation. It also suggests that there are technical and epistemic usefulness thresholds relevant for identifying and using paradata. The technical usefulness threshold represents baseline possibilities of accessing and interacting with paradata in research documentation. The epistemic usefulness threshold underlines instead the degree of affinity between the intellectual horizons of paradata creation and paradata use, and several resources are identified that can help to strengthen this affinity.

Chapter 5 shows how the development of strong parties and professional militaries contributed to the emergence of enduring democracies in Chile and Uruguay. Both countries developed strong parties during the late nineteenth century thanks in part to the geographic concentration of the population and the existence of relatively balanced cleavages. During the nineteenth century, these parties at times sought power via armed revolts, but once the military professionalized, the opposition began to focus exclusively on the electoral route to power. This occurred in the late nineteenth century in Chile, but not until the early twentieth century in Uruguay. In both countries, opposition parties pushed for democratic reforms to enfranchise their supporters and level the electoral playing field. It was not until the ruling party split, however, that the opposition managed to enact major reforms, which occurred in Chile in 1890 and Uruguay in 1917. In both countries, strong opposition parties played a central role not only in the enactment of the reforms but also in their enforcement.

This Introduction situates Reinach and the Foundations of Private Law, and Adolf Reinach, in contemporary currents in private law theory and philosophy.

This chapter introduces a selection of methods applicable for identifying and extracting paradata from existing datasets and data documentation which can then be used to complement existing formal documentation of practices and processes. Data reuse, in its multiple forms, enables researchers to build upon the foundations laid by previous studies. Retrospective methods for eliciting paradata, including qualitative and quantitative backtracking and data forensics, provide means to get insights into past research practices and processes for data-driven analysis. The methods discussed in this chapter enhance understanding of data-related practices and processes, reproducibility of findings by facilitating the replication and verification of results through data reuse. Key references and further reading are provided after each method description.

Chapter 1 lays out the central theoretical arguments of the book. It argues that three factors played a key role in the emergence of democracy in region: the professionalization of the military, the rise of strong opposition parties, and splits within the ruling party. It analyzes what led to the professionalization of the military and the rise of strong opposition parties and it shows how they led to varying regime outcomes in different South American countries. This chapter also discusses why existing theories of democratization cannot fully explain the emergence of democracy in the region

Private law theory is pulled in opposite directions: internal and external perspectives on law; holistic and reductionist methodologies; conceptualist and nominalist views; and deontological and consequentialist approaches. Relatedly, theories tend to focus on the micro or the macro scales – interpersonal relations or societal effects – but face difficulties in connecting them. In this paper, we examine these problems in private law theory through the lens of the legal phenomenology of Adolf Reinach. According to Reinach, the law presupposes a realm of real, timeless entitles and their workings that are synthetic a priori: they are neither conventional nor contingent. Nor are they inherently moral or customary. We argue that regardless of the ontological status of what Reinach identifies as a priori, it points toward something more robust than most current theories would countenance. We illustrate the usefulness of this perspective through Reinach’s analysis of property, transfer, and representation. Reinach captures features and generalizations that have eluded analysis, as, for example, when he treats the principle of nemo dat quod non habet (‘one cannot transfer what one does not own’) as underlying all transfer even if displaced by positive rules such as good faith purchase. His views also point toward the importance of accessibility for legal concepts, including cases of tacit knowledge. Whatever its exact source, this “deep structure” of the law has the potential to partially reconcile some of the fissures in private law theory and to connect the micro and the macro through a better understanding of system in law.

Research on paradata practices provides diverse insights for the management of paradata. This chapter draws on the existing body of research to inform paradata practices in repository settings including research data archives, repositories and research information management contexts. Four categories of paradata needs (methods; scope; provenance; knowledge representation) are described as well as two major categories of paradata relevant from a repository perspective (core paradata i.e. information commonly perceived as being paradata, and potential paradata i.e. information with potential to function as paradata). Further, the chapter discusses three broad management approaches and a set of intermediary strategies of standardisation and embracing the messiness paradata, and of cultivating paradata literacy to manage different varieties of core paradata and potential paradata.

This chapter introduces the ICC decisions concerning the Lubanga and Ntaganda cases delivered in the context of the situation in the DRC, and the reparations order of the Lubanga case. It summarises the key facts and outcomes of each of these decisions and then considers how the authors of subsequent contributions have reimagined these ICC decisions from a feminist perspective. How the reimagined judgments depart from the original ICC decisions will be analysed and what makes them ‘feminist’ will be assessed. Finally, this contribution will conclude by critiquing the importance of the reimagined judgments in the context of ‘gender-sensitive’ ICC decision-making.