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‘Truth’ refers to reality – what is, was, will be, and should be – and its aspects, in the context of representations thereof. A true something is the real thing, and a true proposition, belief, hypothesis, exemplar, and so forth is a successful representation of truth in the first sense. The virtue of truthfulness is the judicious love of truth in both senses. From love of reality and correct representations of it, the truthful person tends to tell others the truth as she sees it, but is not fanatical about telling it, because virtues like justice, compassion, and gentleness, which themselves are a kind of truth, can enjoin the withholding or even distortion of truths. Truths can be horrible, and it can take courage and humility to admit them.
Edited by
Marietta Auer, Max Planck Institute for Legal History and Legal Theory,Paul B. Miller, University of Notre Dame, Indiana,Henry E. Smith, Harvard Law School, Massachusetts,James Toomey, University of Iowa
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.
This chapter will provide a foundation for the provision of quality visual arts educational experiences in early childhood and the primary years. Practical suggestions for planning a high-quality visual arts program are linked to recent theory in a way that helps you construct your own visual arts program. Visual arts concepts, language, elements and principles will be defined and explained, with examples of the progression in visual arts education from early childhood through the primary years. Practicalities such as classroom management, safety and materials are addressed and additional interactive material can be found through the icons.
This chapter discusses the evolution of pagan iconography in Late Antiquity, examining how depictions of traditional gods and rituals changed between 300 and 700 CE. It challenges earlier interpretations that associate this period with artistic decline, instead emphasising continuity and transformation in the representation of pagan themes across various media. Drawing on legal, literary, epigraphic and archaeological evidence, the chapter provides a comprehensive perspective on the artistic and religious landscape of the period. It discusses key examples such as the Arch of Constantine, which repurposed older sacrificial motifs, and later fourth-century artworks like the Symmachi ivory diptych, which continued to depict pagan sacrifices despite the growing influence of Christianity. The chapter also examines the selective destruction of pagan imagery, particularly the mutilated reliefs from the Aphrodisias Sebasteion, demonstrating how sacrificial depictions were specifically targeted. The chapter concludes by noting that while sacrificial iconography faded, other pagan motifs – especially those associated with gods like Dionysus and Venus – remained prevalent in mosaics, silverware and textiles. This enduring presence underscores the adaptability of pagan imagery, which continued to influence artistic traditions long after the fall of the Roman Empire.
This chapter explores how international law and its legitimacy could be improved and made more aligned with the demands of justice. It focuses on two types of requirements. First, there are the principles and accompanying procedures on the basis of which actors ask their agency (and their rights) to be recognized by international law and its culture of legitimacy. These principles are consent, justification, accountability, consistency, representation and participation, and non-abuse of power. Second, there are the topics around which this quest for the recognition of agency (and rights) takes place. They are better universality of international law, human rights as a benchmark of the legitimacy of sovereignty, compliance/enforcement/accountability, and human rights supported by public goods. These two kinds of requirements have been at the center of the efforts to make international law more inclusive as well as more legitimate, and they need to be taken more seriously in the future.
In the summer of 1943, African-American organizations stepped up pressure on the general staff to send black troops into combat. Attention was focused on the 93rd Infantry Division, which was finalizing its training. Sending it to the front was seen by black militants as a test of the army’s promise. At the end of the summer, Huachuca’s all-black training experience was publicized in the press by a major photo essay published by Life magazine. The 450 photos taken by Charles Steinheimer provide an insight into race relations at the camp and, on comparing censored and uncensored photos, give an idea of what the army was prepared to reveal about its race policy and practices. The photo essay played a decisive role in the decision to send the 93rd to Papua New Guinea.
Chapter 2 delves into the constitution of humanity as a collective subject. Drawing on the debate between ICL scholars about the we-talk in relation to the ICC and their engagement with the work of Durkheim, I develop the thesis that humanity should be understood as a collective subject that is brought about as a symbolic order through a process of representation. Moreover, as with any order, the order of humanity emerges through a process of self-inclusion of a first-person plural. Finally, I turn to the case of Ongwen to show how this order is questioned by the inhuman.
Women remain underrepresented in National Institutes of Health (NIH) study sections, panels of scientists who review grant applications to inform national research priorities and funding allocations. This longitudinal, retrospective study examined the representation of women on study sections before and during the COVID-19 pandemic. Overall, 16,902 reviewers served on 1,045 study sections across 2019, 2020, and 2021, of which 40.1% (n = 6,786) were women. The likelihood of reviewers being women significantly increased from 2019 to 2021, except among chairpersons. Understanding the representation of scientists influencing NIH grant decisions is important to ensuring scientific discovery that meets the nation’s pluralistic needs.
The literature on vice presidencies fails to explain the women’s inclusion as vice-presidential candidates, as the strategies of ticket balancing predict a higher number of female running mates than what is observed. Based on theories of gender representation, this study develops hypotheses about the inclusion of women as vice-presidential candidates and tests them using an original dataset comprising 471 presidential tickets from Latin America (1978–2022), a region where women’s representation has expanded. The analysis reveals that small and left-wing parties nominate more women as vice presidents than major and right-wing parties. Although female vice-presidential candidates tend to have less political experience than their male presidential counterparts, they often add a diverse and complementary policy expertise to the ticket. The findings underscore that women’s inclusion as vice-presidential candidates depends mostly on partisan calculations, since gender quotas rarely apply to the vice presidency.
This article explores the representation of women electric guitarists on Instagram. It examines the ways in which their practices as electric guitarists are represented and surveys the spectrum of gender expressions represented on Instagram. It also considers the interconnectedness between these representations and their significance. The research findings are based on textual analysis of the Instagram content of sixteen electric guitarists of varying ages, success levels, and career stages. The findings show that Instagram is a platform through which a multiplicity of representations of women electric guitarists can be observed that can contribute to a deeper, more nuanced understanding and narrative. This article demonstrates that Instagram is an important site of analysis in its ability to contribute to shaping the discourses around gender and the electric guitar and the normalisation of diverse individuals occupying this role.
Regional governments are one of the largest but most understudied interest groups, employing a wide range of advocacy tactics like hiring professional lobbyists and face-to-face lobbying. However, we know little about why some succeed in influencing public policy while others do not. This gap arises because existing theories of interest groups and intergovernmental mobilization focus on resources—money and legitimacy—that regional governments typically lack control over. To address this, I propose a theoretical framework of intergovernmental lobbying success tailored to regional governments, emphasizing the convergence of five distinct conditions. Using new and original data on the 26 Swiss cantons’ influence on federal policy and employing set-theoretic methods (csQCA), I demonstrate that no single condition explains intergovernmental lobbying success. Instead, five causal pathways lead to a regional government shaping federal policy in line with its preferences. These findings have significant implications for understanding the effects of intergovernmental lobbying on representation, inequality, and unequal policy responsiveness, potentially contributing to rising political discontent, growing rural resentment, or citizen alienation.
Few historical events have been more often depicted in film than the Holocaust. This started in the 1940s and continues to the present day. Many of the representational challenges and conundrums found in other arts are present in film as well, though if anything in more acute form. Film is arguably the most mimetic of all the arts, which makes the risk of prurience, voyeurism, or sadistic (or masochistic) pleasure in watching artificial depictions of the suffering of others all the graver. This chapter situates the history of Holocaust films between the poles of melodramatic realism embodied in the American television miniseries Holocaust and the epic documentary film Shoah. These represent conventional realism, on the one hand, and a rigorous and austere refusal to represent the past at except through images of the present, on the other. As the chapter shows, a myriad of other films situate themselves either at one pole or the other, or between the two.
Virtually all countries affected by the Holocaust, and many of those only indirectly implicated, have made efforts to commemorate and memorialize the murder of European Jewry. This encompasses not only physical monuments, but also alternate approaches such as Memorial Books, rituals, liturgy, and memorial days. Many of these started as grassroots initiatives, only to be turned into state-sponsored events. Looking across the postwar decades and comparing memorials from Germany and the USA, this chapter analyzes the complex interplay between artistic choices, educational missions, and political agendas that shaped memorials and their representational strategies and spaces.
The question concerning the adequacy of mimetic representation raised by the Holocaust, of how to best convey the vast suffering, the enormity of extermination, the tragedy of loss, has profoundly shaped the history of the visual arts since 1945. Focusing mainly on painting and sculpture, this chapter argues that Holocaust art largely rejected the turn to abstraction otherwise so characteristic of postwar modernism, in favor of an ongoing engagement with figurative representation. For many artists, this was a way to retain the human dimension of the Holocaust. The shared an underlying ethical and aesthetic commitment to the human figure with its myriad complexities and configurations. At the same time, they sought to avoid falling into the trap of kitsch and sentimentality. This created ineluctable aesthetic dilemmas – to combine beauty and terror – that led to a series of heterogeneous responses, not a “school of art,” but a struggle with aesthetics in the face of catastrophe.
In the world today, we must make a new Cleisthenic moment. To achieve sustainable development and to accomplish its other global goals, the United Nations must be modernized and reformed to become more democratic. Other international institutions of all kinds must be made more responsive to the “grass roots” of the world through participatory and other democratic reforms. In addition, new global institutions must be established to address global concerns. Moreover, global democratic governance must be speeded up and enhanced through the rising voice emerging from new and parallel channels of democratic participation outside the bounds of borders and governments, including the global proliferation of grassroots networks for sustainable development. These participatory networks must surround and inspire the reshaping of global governance into a governance that is truly democratic. We must reform democratic representation to make it right. And we must couple it with collective wisdom derived from the random selection of sortition. We must construct a framework for enabling democratic global governance that will blend right representation with sortition to produce better results for sustainable development and for all else of common concern for all of humanity.
In the mid-twentieth century, income and wealth inequality was declining, leading to an era of comparative economic equality and a large middle class. But since the early 1980s, income and wealth inequality has been on the rise. The 100-year life describes how increasing life expectancy could transform the course of individual lives in detail – but how does this trend intersect with our age of inequality? And what does it mean for law and policymaking more generally? The dark side of rising life expectancy is that it is unequally shared. The first part of this chapter briefly discusses how age and inequality are connected – that is, that not everyone shares in rising life expectancy equally and that those who are living longer share many common attributes. The second part considers the possible impact of the skew in rising life expectancy on representative government. Inequality skews politics to favor the wealthy; inequality by age will likely do the same. The fundamental problem is that power is held unequally in most societies. The third part, on age and institutional design, outlines some ways in which political structures might be crafted to account for age-related differences.
The risk of losing access to crucial means-tested programs — like Medicaid, Supplemental Security Income (SSI), the Supplemental Nutrition Assistance Program (SNAP), and Temporary Assistance for Needy Families (TANF) — poses a barrier to the enrollment of low-income Americans in clinical trials. This burden likely disproportionately affects members of racial and ethnic minority groups, people with disabilities, elderly individuals, and rural populations, and may frustrate efforts to reflect the US population in clinical trial enrollment. To help achieve representative clinical trials for myriad conditions, Congress should pass legislation excluding payments to clinical trial participants from gross income and expand the clinical trial compensation exclusions for means-tested programs established in the Ensuring Access to Clinical Trials Act of 2015.
The chapter starts by outlining the version of direct realism endorsed by Aristotle. I argue that he was committed to uncompromised realism about perceptible qualities and to the view that we immediately perceive the bearers of these qualities without any need of further synthetic acts. These features highlight the difficulty of capturing the explanantia of perception. Two notions key to that endeavour are those of mediation and discrimination. The chapter provides a novel analysis of mediation (for discrimination, see Chapter 6), arguing that, for Aristotle, media are – more or less perfect – qualitative conductors. Furthermore, the chapter addresses the existing debate about what, according to Aristotle, happens in the sense organs when we perceive. I argue that the dilemma governing this debate between spiritualism and materialism (either ‘literalist’ or ‘analogical’) is a false one. Tertium datur, and this alternative turns out to be precisely the view Aristotle embraced: perception consists of a thoroughly material process, but what this process results in must not be a standing material likeness (which would mark the end of perception because like cannot be affected by like), but a dynamic ‘phenomenal’ likeness – the presence of a quality of the perceived object which remains to be precisely a quality of that object.
This chapter examines the various tropes and representational strategies used by writers to depict urban and rural spaces and their dynamics, highlighting the constructed nature of place and the intimate relationship between history, place-making, memory, and representation. Drawing on key cultural theorists and urban geographers, most notably Walter Benjamin, George Simmel, Yi-Fu Tuan, Susan Buck-Morss, Kristin Bluemel, and Michael McCluskey, and literary texts such as Dung Kai Cheung’s Atlas: An Archaeology of an Imaginary City (1997), I discuss different imaginative and creative impulses that underlined the discursive construction of place and space. And with reference to texts published in different cultural contexts and historical moments, such as Charles Dickens’ Sketches by Boz (1836) and The Old Curiosity Shop (1841), George Gissing’s The Whirlpool (1897), and Shen Congwen’s The Border Town (1934), I examine not only the various manifestations of urban/rural dichotomies as invoked in literary works, but also moments when these dichotomies are unsettled or blurred. The last section of the chapter focuses on Alicia Little’s A Marriage in China (1896) and Jean Rhys’ Voyage in the Dark (1934), exploring the ways in which the rural/urban constructs engage with questions of colonial politics, resistance, and the ideas of home and (un)belonging.
In this paper, we demonstrate that the federal enforcement of the 15th Amendment is necessary for Black representation in the U.S. South. Using novel data on Black officeholders in the South from 1866 to 1912 and from 1969 to 1993, we examine Black representation during Reconstruction and after the passage of the 1965 Voting Rights Act. In both political periods, we find that policies aimed to enforce the 15th Amendment and active Black political participation are necessary preconditions for Black officeholding. This paper helps contextualize scholarship on descriptive representation by identifying this critical link between democracy and representation in the American South. By analyzing broad periods of history, we demonstrate the enduring necessity of active policymaking to ensure fair elections as a precondition of democracy in the American South. Our findings carry significant consequences for understanding the health of American democracy in the twenty-first century.