Oxford University Press's Blog, page 788

July 16, 2014

Electronic publications in a Mexican university

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Oxford Scholarship Online (OSO) launched in 2003 with 700 titles. Now, on its tenth birthday, it’s the online home of over 10,000 titles from Oxford University Press’s distinguished academic list, and part of University Press Scholarship Online. To celebrate OSO turning ten, we’ve invited a host of people to reflect on the past ten years of online academic publishing, and what the next ten might bring.


By Margarita Lugo Hubp

Translated by Karina Estrada and Greg Goss


From a librarian’s perspective, there has been a huge change in the types of electronic publications that academics, students, and researchers use. In Mexico, as in other developing countries, journals, e-books, and other electronic works make it possible to offer greater access to scholarship in increasingly large university populations. In the last ten years, many people have found a solution to the lack of availability of traditional libraries and the consequent lack of access to quality information. Access to journals and e-books has strengthened higher education institutions and research centers, particularly in the areas of science and technology, increasing the ease and breadth of access to full text content.


University faculty and students who work in rapidly changing science fields are no longer restricted to physical libraries for access to electronic publications. Remote access and mobile device access options are becoming more common.


Perhaps the most pertinent change in how publishers grant access to scientific, technical, and humanistic information can be seen in electronic books. Several years ago, libraries faced restrictive acquisition models; now the ease of availability allows for a more favorable user experience. Consider the option of acquiring a single electronic book to be used only by a single user. Clearly, this model was unfavorable, particularly for the Universidad Nacional Autónoma de México. We considered these proposals unacceptable because of the large student population at the postgraduate level, exceeding 26,000 students, and at the undergraduate level, reaching 190,000 students.


The central library of Universidad Nacional Autónoma de México. by Maximiliano Monterrubio. CC-BY-2.0 via Wikimedia Commons.

The central library of Universidad Nacional Autónoma de México by Maximiliano Monterrubio. CC-BY-2.0 via Wikimedia Commons.


In regards to the routes pursued by publishers promoting Open Access for scientific information, there have been significant changes. Some proposed routes were carefully crafted while others gave the impression of being more scrupulous, which mandated the decision makers proceed with caution. We are progressing in a framework that fosters increasingly fruitful communication between publishers, researchers, teachers, government representatives and librarians.


In the coming years, electronic publications will continue to develop and maintain their role as one of the most important factors in the realm of science via striking or even startling technological changes. At the same time, we will witness the evolution of initiatives that aim to facilitate access to information, especially as the debate over these alternatives is moving increasingly into a political, rather than academic or scientific, sphere.


*          *          *


Las publicaciones electrónicas en una universidad mexicana


Desde el punto de vista bibliotecario, el cambio que muestran en los últimos años las publicaciones electrónicas que demandan los académicos, estudiantes e investigadores ha sido impactante. Lo que quisiéramos resaltar es que en México, como seguramente sucede en otros países en vías de desarrollo, las revistas, los libros y otras publicaciones electrónicas nos ofrecen la posibilidad de tener mayor acceso al conocimiento en poblaciones universitarias cada vez más amplias.  En los últimos 10 años, numerosos usuarios han encontrado una solución al problema de la escasez de sistemas bibliotecarios tradicionales en nuestro país, y por lo tanto, a la falta de apoyo para obtener información de calidad. La revista y el libro electrónico son las opciones que han permitido el fortalecimiento de las Instituciones de Educación Superior y Centros de Investigación para que el conocimiento científico y tecnológico universal sea del dominio de los usuarios, para ampliar, consolidar y facilitar el acceso ágil y con amplia cobertura nacional e internacional, a los recursos de información referencial y en texto completo


La población universitaria que se caracteriza por conocer más rápidamente los avances de la ciencia y por  adaptarse mejor a los cambios, ha dejado de luchar contra las dificultades que representaba el hecho de transladarse a una biblioteca para acceder a las publicaciones electrónicas, ya que además de las opciones de búsquedas desde sitios remotos cada vez más frecuentes en nuestro medio, se ha generalizado el uso de los dispositivos móviles que resultan accesibles y adecuados para estos fines.


Tal vez el cambio más relevante en los esquemas que ofrecen los editores en relación con el acceso amplio  al conocimiento científico, técnico y humanístico, se puede encontrar en los libros electrónicos. En este sentido, la apertura y flexibilidad que se observa en las ofertas actuales  favorece a los usuarios en nuestro medio. Pensemos en la opción de adquirir un libro electrónico que se va a utilizar únicamente por un usuario simultáneo  (modelo de venta que se promovió hace años). Por supuesto que era desfavorable, en particular en la Universidad  Nacional Autónoma de México. Siempre consideramos inaceptable esa propuesta debido a la población estudiantil tan grande, misma que en el nivel de posgrado rebasa los 26 mil alumnos y en el de licenciatura llega a 190,000 estudiantes.


En relación con la ruta que siguen actualmente los editores para lograr que se promueva el acceso abierto a la información científica que publican, los cambios también se muestran significativos; son muy diversos los caminos que plantean. Algunas  propuestas se presentan cuidadosas, otras dan la impresión de ser muy  escrupulosas y hasta  se proponen con cautela. Nos movemos en un marco de acción que propicia la comunicación cada vez más fructífera entre los editores, investigadores, profesores, representantes gubernamentales y bibliotecarios.


En los próximos años, las publicaciones electrónicas seguramente continuarán su desarrollo cambiante y mantendrán uno de los liderazgos más importantes en el mundo de la ciencia, se mantendrán además añadiendo cambios tecnológicos llamativos y hasta asombrosos. A la vez se podrá constatar la evolución de una serie de iniciativas que persiguen facilitar el acceso a la información en un mundo que debate estas relevantes alternativas, cada vez más  en el terreno político que en el académico y el científico.


Margarita Lugo Hubp is a member of the Libraries Department at the Universidad Nacional Autónoma de México.


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Published on July 16, 2014 03:30

Certainty and authority

This is the second in a four-part series on Christian epistemology titled “Radical faith meets radical doubt: a Christian epistemology for skeptics” by John G. Stackhouse, Jr.


By John G. Stackhouse, Jr.




We might have reason to doubt some or even much of our day-to-day apprehension of things. We’re all in a hurry, all having to learn and discern and decide on the fly. Surely in the realm of medical research, however, the most important research we conduct, expert knowledge is sure and sound? David H. Freedman, in his disturbing book Wrong, introduces us to Dr. John Ioannidis. You’ll never sleep well again.


Staff and researchers checking equipment in biotech industryIoannidis, an expert in expert medical studies, has impressive credentials. Graduating first in his class from the University of Athens Medical School, he completed a residency at Harvard in internal medicine and then took up a research and clinical appointment at Tufts in infectious diseases. While at Tufts, however, he began to notice that a wide range of medical treatment did not rest on solid scientific evidence. While next at the National Institutes of Health and Johns Hopkins University in the 1990s, Ioannidis stated that two-thirds of hundreds of medical studies he read in the scholarly literature were either fully refuted or pronounced “exaggerated” within a few years of their publication.


This seems troubling. Be more troubled, however, as Freedman continues:


[Ioannidis] had been examining only the less than one-tenth of one percent of published medical research that makes it [in]to the most prestigious medical journals.… Ioannidis did find one group of studies that more often than not remained unrefuted: randomized controlled studies… that appeared in top journals and that were cited in other researchers’ papers an extraordinary one thousand times or more. Such studies are extremely rare and represent the absolute tip of the tip of the pyramid of medical research. Yet one-fourth of even these studies were later refuted, and that rate might have been much higher were it not for the fact that no one had ever tried to confirm or refute nearly half of the rest.


To confirm your permanent insomnia, journalist Julian Sher examines the world of forensic science and finds many instances of wrongful convictions. He points to a 2009 study published in the Virginia Law Review that surveyed the cases of 137 convicted persons later exonerated by DNA evidence, and found that in more than half of the trials forensic experts gave invalid testimony, “including errors about shoe prints and hair samples.” That same year, the National Academy of Sciences published a book-length report warning that even fingerprint matches can be misleading and calling for a drastically improved approach to forensic science. So much, then, for people’s fates being determined by the clear, cold, infallible judgment of the scientific expert witness. (So much, also, for the entire CSI franchise…)


As the world begins to shimmer ever more before our eyes and the solid ground beneath our feet threatens to evanesce, along comes historian Alison Winter to offer an entire book about the questionable reliability of Memory. What we do not readily comprehend, what does not fit within our set of presuppositions, does not tend to register with us immediately and clearly, if at all, and therefore also not in our memory. Conversely, what we expect to experience, or afterward believe we must have experienced, gets written into our memories despite what may have actually happened.


Contrary, that is, to the popular notion that somewhere buried in our brains is a perfect recording of everything we have ever experienced, Winter shows through her study of the last century of memory research that our minds instead are constantly coding what we experience as “memorable,” “sort of memorable,” “not memorable” and the like, according to our understanding of the world and according to our valuing of this or that element of the world.


Furthermore, our memories are plastic, and remain vulnerable to addition, subtraction, deformation, reformation, confabulation, and other processes as our lives progress and as our beliefs change, rather than being fixed, veracious “imprints” of the external world upon our minds.


What, then, can we possibly trust in our quest for knowledge? If we cannot trust our own senses, reason, memory—or even those of the most expert experts in our society—are we simply lost in the blooming, buzzing confusion of an incomprehensible world?


In a word, yes. Yes, we are.


John G. Stackhouse Jr. is the Sangwoo Youtong Chee Professor of Theology and Culture at Regent College, Vancouver, Canada. He is the author of Need to Know: Vocation as the Heart of Christian Epistemology.


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Image credit: Laboratory technicians at work in medical plant with machinery and computers. © diego_cervo via iStockphoto.


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Published on July 16, 2014 02:30

Why measurement matters

By Morten Jerven




In most studies of economic growth the downloaded data from international databases is treated as primary evidence, although in fact it is not. The data available from the international series has been obtained from governments and statistical bureaus, and has then been modified to fit the purpose of the data retailer and its customers. These alterations create some problems, and the conclusions of any study that compares economic performance across several countries depend on which source of growth evidence is used.


The international databases provide no proper sources for their data and no data that would enable analysts to understand why the different sources disagree about growth. See, for example, the disagreement in economic growth series reported by the national statistical office, from Penn World Tables, The World Bank, and the Maddison dataset for Tanzania, 1961-2001.


The average annual disagreement between 1961 and 2001 is 6%. It is not evenly distributed; there is serious dissonance regarding growth in Tanzania in the 1980s and 1990s, and how the effects of economic crisis and structural adjustment affected theeconomy depends on which source you consult.


The problem is that growth evidence in the databases covers years for which no official data was available and the series are compiled from national data that use different base years. The only way to deal satisfactorily with inconsistencies in the data and the effects of revisions is to consult the primary source. The official national accounts are the primary sources.


Tanzanian_farmers


The advantage of using the national accounts as published by the statistical offices is that they come with guidelines and commentaries. When the underlying methods or basic data used to assemble the accounts are changed, these changes are reported. The downside of the national accounts evidence is that the data is not readily downloadable. The publications may have to be manually collected, and then the process of data entry and interpretation follows. When such studies of growth are done carefully, it offers reconsiderations of what used to be accepted wisdom of economic growth narratives.


I propose a reconsideration of economic growth in Africa in three respects. First, that the focus has been on average economic growth and that there has been no failure of economic growth. In particular the gains made in the 1960s and 1970s have been neglected.


Secondly, for many countries the decline in economic growth in the 1980s was overstated, as was the improvement in economic growth in the 1990s. The coverage of economic activities in GDP measures is incomplete. In the 1980s many economic activities were increasingly missed in the official records thus the decline in the 1980s was overestimated (resulting from declining coverage) and the increase in the 1990s was overestimated (resulting from increasing coverage).


The third important reconsideration is that there is no clear association between economic growth and orthodox economic policies. This is counter to the mainstream interpretation, and suggests that the importance of sound economic policies has been overstated, and that the importance of the external economic conditions have been understated in the prevailing explanation of African economic performance.


We know less than we would like to think about growth and development in Africa based on the official numbers, and the problem starts with the basic input: information. The fact of the matter is that the great majority of economic transactions whether in the rural agricultural sector and in the medium and small scale urban businesses goes by unrecorded.


This is just not a matter of technical accuracy; the arbitrariness of the quantification process produces observations with very large errors and levels of uncertainty. This ‘numbers game’ has taken on a dangerously misleading air of accuracy, and international development actors use the resulting figures to make critical decisions that allocate scarce resources. Governments are not able to make informed decisions because existing data is too weak or the data they need does not exist; scholars are making judgments based on erroneous statistics.


Since the 1990s, in the study of economics, the distance between the observed and the observer is increasing. When international datasets on macroeconomic variables became available, such as the Penn World Tables, and the workhorse of study of economic growth became the cross-country growth regressions the trend turned away from carefully considered country case studies and then rather towards large country studies interested in average effects.


However, the danger of such studies is that it does not ask the right kind of questions of the evidence. As an economic historian, I approach the GDP evidence with the normal questions in source criticism: How good is this observation? Who made this observation? And under what circumstance was this observation made?


Morten Jerven is an economic historian and holds a PhD from the London School of Economics. Since 2009, he has been Assistant Professor at the School for International Studies at Simon Fraser University. He is author of Economic Growth and Measurement Reconsidered in Botswana, Kenya, Tanzania, and Zambia, 1965-1995 and has published widely on African economic development, and particularly on patterns of economic growth and economic development statistics.


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Image credit: Tanzanian farmers, by Fanny Schertzer. CC-BY-2.5 S.A via Wikimedia Commons.


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Published on July 16, 2014 01:30

Inequalities in life satisfaction in early old age

By Claire Niedzwiedz




How satisfied are you with your life? The answer is undoubtedly shaped by many factors and one key influence is the country in which you live. Governments across the world are increasingly interested in measuring happiness and well-being to understand how societies are changing, as indicators such as GDP (gross domestic product) do not seem to measure what makes life meaningful. Indeed, some countries, such as Bhutan, have measured national happiness for many years. In the World Map of Happiness below, the countries in green (such as Sweden) have the highest satisfaction. The blue countries are less happy than the green, followed by the pink and orange, and finally the red countries (such as Russia) have the lowest satisfaction. The map conjures up all sorts of interesting questions, like what would the map look like if only older or younger people were included or does happiness vary much within a country?


World of Happiness map


A U-shaped relationship between age and life satisfaction is often reported, meaning that people are happiest in their 20s and their 60s. But what are the factors that help older people achieve high life satisfaction? Research in this area is particularly important as a result of increasing life expectancy and growth in the proportion of older people. Measuring average well-being is only one side of the story, however. Countries which have high levels of overall life satisfaction may have large inequalities between the richest and poorest in society.


What type of country fosters a more equitable distribution of well-being? This is the focus of our paper recently published in Age and Ageing. We studied the influence of socioeconomic position on life satisfaction in over 17,000 people aged 50 to 75 years old from 13 European countries participating in the Survey of Health, Ageing, and Retirement in Europe (SHARE). To measure socioeconomic position, we used a number of different measures that reflected their position in society at different stages of their life. By looking at their relative position in their own country’s social hierarchy, we created a scale that enabled comparison between countries and across the life course measures. From childhood, we looked at the number of books people reported they had when they were aged 10 years old, a measure of the family’s cultural and economic resources. Education level was used as a measure of early adulthood social position and current wealth was taken as a measure of economic position at the time of the survey. We grouped countries into four categories based on the characteristics of their welfare policy and looked at whether socioeconomic inequalities in life satisfaction varied by the type of welfare state a country fits into.


Intriguingly, we found that Scandinavian (Sweden and Denmark) followed by Bismarckian countries (Germany, Belgium, Switzerland, the Netherlands, Austria, and France) had both higher life satisfaction and narrower differences in well-being between those at the top and bottom of society. Scandinavian countries are traditionally characterised by their high levels of welfare provision, universalism, and the promotion of social equality. Bismarckian countries are characterised by welfare states that maintain existing social divisions in society, in which social security is often related to one’s earnings and administered via the employer. Southern (Greece, Italy, and Spain) and Post-communist (Poland and the Czech Republic) countries, which tend to have less generous welfare states, had lower life satisfaction and larger social inequalities in life satisfaction. The number of books in childhood was a significant predictor of quality of life in early old age in all welfare states, apart from the Scandinavian type, and the relationship was particularly strong among women in the Southern countries. On the whole, however, inequalities in life satisfaction were largest by current wealth across the majority of welfare states.


Our findings have important implications, especially given the welfare policy changes taking place across Europe and the growth in wealth inequalities. It raises questions about how future generations of people are going to experience their early old age. Will average well-being and inequalities between the richest and poorest change as less welfare support is available? What will be the impact of increases in the retirement age? It is clear that these are urgent questions which affect us all and that the policies governments pursue are likely to shape the answers.


Claire Niedzwiedz (@claire_niedz) is a final year doctoral researcher at the University of Glasgow’s Institute of Health and Wellbeing and is part of the Centre for Research on the Environment, Society and Health (CRESH). They tweet at @CRESHnews. She is the author of the paper ‘The association between life course socioeconomic position and life satisfaction in different welfare states: European comparative study of individuals in early old age’, published in the journal Age and Ageing.


Age and Ageing is an international journal publishing refereed original articles and commissioned reviews on geriatric medicine and gerontology. Its range includes research on ageing and clinical, epidemiological, and psychological aspects of later life.


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Image credit: Satisfaction with Life Index Map coloured according to The World Map of Happiness, Adrian White, Analytic Social Psychologist, University of Leicester. Public domain via Wikimedia commons


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Published on July 16, 2014 00:30

July 15, 2014

Akbar Jehan and the dialectic of resistance and accommodation

By Nyla Ali Khan




To analyze the personal, political, and intellectual trajectory of Akbar Jehan—the woman, the wife, the mother, and the Kashmiri nationalist, not simply an iconic and often misunderstood political figure—has been an emotionally tempestuous journey for me. The Kashmiri political and social activist is my maternal grandmother. I am so interested in studying her life and work because, to my mind, there is a historical value in challenging the historical narratives about the political actors of pre-and post-1947 Jammu and Kashmir and the movement for an autonomous and pluralistic Kashmir. I have attempted to steer clear of delimiting and constricting narratives about her life and work in my recent book. It is important to reshape the collective historical memory so that it includes the humanitarian and pluralistic endeavors of leaders of the movement at that critical time after the partition of India.


While teaching classes on Women’s and Gender Studies at the Universities of Nebraska and Oklahoma, I realized that history has done a rather inadequate job of memorializing the contributions of women political and social activists. Akbar Jehan’s work of sustaining the community, caring for the marginalized and disempowered at a turbulent time, has not been captured by professional historians, who have peripheralized the work of women in rebuilding societies following armed conflict.


With the oral and historical resources available to me, I investigated the impact of Akbar Jehan’s work on the legal, social, and economic status of women in Jammu and Kashmir. She was a passionate advocate of women’s education who sought to place girls—including those of impoverished backgrounds—in the modern and vibrant world of intellectual and scientific pursuits. Working with Lady Mountbatten, wife of the first Governor General of post-Partition India, Lord Mountbatten, Akbar Jehan advocated for repatriating young women who had been forcibly removed from their families during the partition of the country. According to my mother Suraiya and her older sister Khalida, Akbar Jehan also worked to restore the honor of those women who had borne the brunt of communal vendetta. Following the partition, she helped to form the Relief Committee and served on the chair of the Food Committee, which sought to address economic losses resulting from the collapse of the tourism sector and the subsequent rise in the cost of living. Later, Akbar Jehan founded the institute Markaz Behbudi Khawateen, still in operation today, which imparts literacy, training in arts and crafts, health care, and social security as tools of empowerment.


All of these efforts constitute a powerful rebuttal of the tendency among Western observers to conflate Islamic norms with practices. Western feminist epistemologies in particular, as I have observed in Islam, Women, and the Violence in Kashmir, can impair the research paradigms, hypotheses, and field work on women in Islamic societies. Akbar Jehan believed that women citizens should be accorded equal rights with men in all fields of national life—economic, cultural, political, and in government services. She reinforced the idea that women should have the right to work in every line of employment for terms and wages equal to those for men; women would be assured of equality with men in education, social insurance and job conditions, though she argued that the law should also give special protections to mothers and children. In contrast to many Western feminists, however, Akbar Jehan gave equal credence to the path-paving work of women within religious, familial, and communal frameworks. Moreover, she sought to motivate education within minority communities (as opposed to state-controlled education), and above all she recognized culture and history as sites of political and social struggle.


Akbar Jehan understood that reforms and consciousness-raising could occur most decisively at the grassroots level, not in the corridors of power in New Delhi, nor in the plush halls of parliament. I would venture to say that the many harangues, digressions, dogmatic statements, and red tape of parliament could not intimidate an activist who had worked in the trenches and walked shoulder to shoulder with the leaders of the anti-monarchical, anti-colonial, and Independence movements of the Indian subcontinent. Akbar Jehan was of the opinion that enfranchisement of both women and men, and assuring women of equal opportunities in education, are not empowering in themselves, but would cause a momentous shift in traditional gender relationships. To address these political obstacles, women who were active in politics in the 20th century sought not only to improve the position of their particular organizations but also to forge connections between the various women’s groups. One of their major accomplishments came in 1950, when the government of Jammu and Kashmir developed educational institutions for women on a large scale, including the first University, as well as a College for women. There remains much scholarly work to be done in exploring how women in civic associations and in government led the way toward a peaceful pluralistic democracy.


By virtue of her status among the major Kashmiri institutions, Akbar Jehan earned the authority to make major policy decisions. Thus, she enjoyed a privilege that other intelligent visionary women did not have. For example, she represented Srinagar and Anantnag constituencies of Jammu and Kashmir in the Indian parliament from 1977 to 1979 and 1984 to 1989, respectively. Akbar Jehan was also the first president of the Jammu and Kashmir Red Cross Society from 1947 to 1951. She was the first lady of Jammu and Kashmir from 1948–1953 and again from 1975–1982. So, it would be difficult to deny that making one’s vision a reality, particularly for a woman in the South Asian context, is contingent, to a certain extent, on socioeconomic privilege and political clout. And though Akbar Jehan’s critics have pointed out that her elite position gave her visibility and access to the echelons of power, this by no means diminishes her legacy.


khanNyla Ali Khan is a faculty member at the University of Oklahoma and member of the Harvard-based Scholars Strategy Network. She is the author of The Fiction of Nationality in an Era of Transnationalism, Islam, Women, and Violence in Kashmir, and The Life of a Kashmiri Woman. She is also the editor of The Parchment of Kashmir, a contributor to The Oxford Encyclopedia of Islam and Women (2013), and a guest editor for Oxford Islamic Studies Online.


Oxford Islamic Studies Online is an authoritative, dynamic resource that brings together the best current scholarship in the field for students, scholars, government officials, community groups, and librarians to foster a more accurate and informed understanding of the Islamic world. Oxford Islamic Studies Online features reference content and commentary by renowned scholars in areas such as global Islamic history, concepts, people, practices, politics, and culture, and is regularly updated as new content is commissioned and approved under the guidance of the Editor in Chief, John L. Esposito.


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Published on July 15, 2014 05:30

Same-sex marriage now and then

By Rachel Hope Cleves




Same-sex marriage is having a moment. The accelerating legalization of same-sex marriage at the state level since the Supreme Court’s June 2013 United States v. Windsor decision, striking down the Defense of Marriage Act, has truly been astonishing. Who is not dumbstruck by the spectacle of legal same-sex marriages performed in a state such as Utah, which criminalized same-sex sexual behavior until 2003? The historical whiplash is dizzying.


Daily headlines announcing the latest changes to the legal landscape of same-sex marriage are feeding public curiosity about the history of such unions, and several of the books that top the “Gay & Lesbian History” bestsellers lists focus on same-sex marriage. However, they tend to focus on the immediate antecedents for today’s legal decisions, rather than the historical roots of the issue.


At first consideration, it may seem anachronistic to describe a same-sex union from the early nineteenth century as a “marriage,” but this is the language that several who knew Charity Bryant (1777-1851) and Sylvia Drake (1784-1868) used at the time. As a young boy growing up in western Vermont during the antebellum era, Hiram Harvey Hurlburt Jr. paid a visit to a tailor shop run by the two women to order a suit of clothes made. Noticing something unusual about the women, Hurlburt asked around town and “heard it mentioned as if Miss Bryant and Miss Drake were married to each other.” Looking back from the vantage of old age, Hurlburt chose to include their story in a handwritten memoir he left to his descendants. Like homespun suits, the women were a relic of frontier Vermont, which was receding swiftly into the distance as the twentieth century surged forward. Once upon a time, Hurlburt recalled for his relatives, two women of unusual character could be known around town as a married couple.


There were many who agreed with Hurlburt. Charity Bryant’s sister-in-law, Sarah Snell Bryant, mother to the beloved antebellum poet and journalist William Cullen Bryant, wrote to the women “I consider you both one as man and wife are one.” The poet himself described his Aunt Sylvia as a “fond wife” to her “husband,” his Aunt Charity. And Charity called Sylvia her “helpmeet,” using one of the most common synonyms for wife in early America.


The evidence that Charity and Sylvia possessed a public reputation as a married couple in their small Vermont town, and among the members of their family, goes a long way to constituting evidence that their union should be labeled as a same-sex marriage and seen as a precedent for today’s struggle. In the legal landscape of the early nineteenth century, “common law” marriages could be verified based on two conditions: a couple’s public reputation as being married, and their sharing of a common residence. Charity and Sylvia fit both those criteria. After they met in the spring of 1807, while Charity was paying a visit to Sylvia’s hometown of Weybridge, Vermont, Charity decided to rent a room in town and invited Sylvia to come live with her. The two commenced their lives together on 3 July 1807, a date that the women regarded as their anniversary forever after. The following year they built their own cottage, initially a twelve-by-twelve foot room, which they moved into on the last day of 1808. They lived there together for the rest of their days, until Charity’s death in 1851 from heart disease. Sylvia lasted another eight years in the cottage, before moving into her older brother’s house for the final years of her life.


The grave of Charity Bryant and Sylvia Drake.

The grave of Charity Bryant and Sylvia Drake. Photo by Rachel Hope Cleves. Do not use without permission.


Of course, Charity and Sylvia did not fit one very important criterion for marriage, common-law or statutory: that the union be established between a man and a woman. But then, their transgression of this requirement likened their union to other transgressive marriages of the age: those between couples where one or both spouses were already married, or where one or both spouses were beneath the age of consent at the formation of the union, or where one spouse was legally enslaved. In each of these latter circumstances, courts called on to pass judgment over questions of inheritance or the division of property sometimes recognized the validity of marriages even where the spouses could not legally be married according to statute. Since Charity and Sylvia never argued over property in life, and since their inheritors did not challenge the terms of the women’s wills which split their common property between their families, the courts never had a reason to rule on the legality of the women’s marriage. Ultimately, the question of whether their union constituted a legal marriage in its time cannot be resolved.


Regardless, it is vital that the history of marriage include relationships socially understood to be marriages as well as those relationships that fit the legal definition. Although the legality of same-sex marriage has been the subject of focused attention in the past decade (and the past year especially), we cannot forget that marriage exists first and foremost as a social fact. To limit the definition of marriage entirely to those who fit within its statutory terms would, for example, exclude two and a half centuries of enslaved Americans from the history of marriage. It would confuse law’s prescriptive powers with a description of reality, and give statute even more power than its oversized claims.


Awareness of how hard-fought the last decade’s legalization battle has been makes it difficult to believe that during the early national era two same-sex partners could really and truly be married. However, a close look at Charity and Sylvia’s story compells us to re-examine our beliefs. History is not a progress narrative, we all know. What’s only just become possible now may have also been possible at points in the past. Historians of the early American republic might want to ask why Charity and Sylvia’s marriage was possible in the first decades of the nineteenth century, whether it would have been so forty years later or forty years before, and what their marriage can tell us about the possibilities for sexual revolution and women’s independence in the years following the Revolution. For historians of any age, Charity and Sylvia’s story is a reminder of the unexpected openings and foreclosures that make the past so much more interesting than our assumptions.


Rachel Hope Cleves is Associate Professor of History at the University of Victoria. She is author of Charity and Sylvia: A Same-Sex Marriage in Early America.


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Published on July 15, 2014 03:30

The butterfly and the matrix

This is the first in a four-part series on Christian epistemology titled “Radical faith meets radical doubt: a Christian epistemology for skeptics” by John G. Stackhouse, Jr.


By John G. Stackhouse, Jr.




Right now I’m bored. I can’t be wrong about that. I truly am yawningly, dazedly bored. Epistemologists assure me that about my mental states, such as this present one of stupefaction, I can claim certainty. More sharply, if I am feeling pain, then I am certainly feeling pain. It might be triggered by an injury, or the phenomenon of “phantom pain” after an amputation, or the probe of a neurosurgeon in my brain, but whatever the cause, “I am feeling pain” is a statement I can make with absolute certainty.


Alas, there are precious few such statements one can make. In this so-called Information Age, in which we have more access to more data than ever before, we also live in the age of Photoshop, scams, phishing, and the lot; in a post-Sixties cloud of unknowing in which we doubt the claims of any purported authority. Surrounded by a world of knowledge, we feel less and less able to trust any of it.


Radical doubt is hardly a new problem, of course. The ancient Chinese sage Zhuang-zi wondered if he was a man dreaming he was a butterfly, or possibly instead a butterfly dreaming he was a man. The Wachowski brothers (as they were at the time) brought us The Matrix, merely the most popular of cinematic head trips making us doubt the reality of our quotidian percepts—from Total Recall to Inception to, well, the remake of Total Recall.


Still from The Matrix

Still from The Matrix, courtesy of Warner Bros. Entertainment.


In between, however, we had the robust confidence of the early Enlightenment and the Scientific Revolution. Here, at least, was a time when philosophers and scientists had the world by the tail and could confidently pronounce upon it.


Take John Locke, for example. Here, at least, we have someone who knows what he knows and sets the empiricist tradition of the Enlightenment firmly on its way to greater and greater knowledge of the world.


Except Locke, despite the textbooks, didn’t think that way about thinking. After two centuries of religious and political upheaval in Britain, in the late 1600s John Locke thought it was time to settle everyone down. The great political philosopher was also an epistemologist and epistemology came readily to the aid of his politics.


Instead of prosecuting politics with a fanatical certainty that could tolerate no alternatives, he advised his reader: bethink yourself as to just how certain you can claim to be. You will find that you are not nearly so entitled to certainty as you thought you were. In fact, legitimate certainty is rare and restricted to only one zone: one’s own mental states. You cannot be less than certain, since you cannot possibly be wrong, about what you are experiencing, whether joy or pain. (Sound familiar?) The common epistemic situation instead is to be more or less convinced by more or less convincing evidences and inferences.


The common practice to that point, to be sure, was to simply believe or not believe. Locke’s predecessors and contemporaries, he contended, had foolishly taken onboard all sorts of dubious and even pernicious ideas without submitting them to the scrutiny of critical reason. Worse, they then had elevated various versions of this mish-mash to the level of dogma, and proceeded to fight religious wars over them. In short, people had not governed their beliefs properly heretofore.


The proper attitude instead, Locke averred, is to proportion one’s assent in any given case to the strength of the evidences as adjudicated by Reason. One thus is in an epistemological position to grant that other people’s views may have at least some grounding. One might even learn something from particularly impressive alternatives. An attitude of tolerance for alternatives is thus in order, fanaticism should disappear, and political, ideological, and even religious pluralism can flourish.


Across the Channel, scientist and theologian Blaise Pascal likewise anticipated our postmodern doubts as he warned:


Man is nothing but a subject full of natural error that cannot be eradicated except through grace. Nothing shows him the truth, everything deceives him. The two principles of truth, reason and senses, are not only both not genuine, but are engaged in mutual deception. The senses deceive reason through false appearances, and, just as they trick the soul, they are tricked by it in their turn: it takes its revenge. The senses are disturbed by passions, which produce false impressions. They both compete in lies and deception.


Surely, though, we have come a long way since the seventeenth century? Surely we can have much firmer footing for our beliefs today, The Matrix notwithstanding?


One main reason for our lack of certainty is that our brains still process the world the way our ancestors did. It’s not a bad way to process the world. Quite the contrary, in fact: it is generally efficient and reliable. But it is a long way from providing us certainty about much of anything.


Nobel Prize-winning psychologist Daniel Kahneman sums up much of his career in his popular book Thinking, Fast and Slow. He suggests that we typically respond to the world in something very like a reflexive mode: apprehending, comprehending, and responding to what we encounter with as little intellectual effort as possible. We therefore “process” the world along well-worn intellectual pathways, habits of apprehension, comprehension, and response (Kahneman uses the term “heuristics”) that have served us well in the past and require little effort to traverse again.


Our natural resort to such habits, of course, helps us avoid traffic dangers smoothly, return a tennis serve accurately, and greet a stranger at a party politely. But our reliance on what Kahneman calls System 1 thinking means that we often miss opportunities to apprehend, comprehend, or respond to reality as well as we might—or ought. For on the dark side of System 1 thinking is convention, bias, even prejudice, the very opposites of insightful, creative, and independent thinking.


Indeed, System 1 thinking is “a machine for jumping to conclusions,” Kahneman says. It is an awfully useful machine—indeed, we could not survive, let alone thrive, without it. But its very speed, general reliability, and relative ease-of-use means that we tend always to resort to it unless we feel we simply have to slow down and think about things in a concentrated way. Then we employ System 2, the mode of complex calculations, critical re-examination of information, and the posing of creative alternatives. Even then, however, we use System 2 only as much and for as long as we feel we need to do so. We are, Kahneman concludes, basically lazy thinkers.


Stanford business professor Chip Heath and his Aspen Institute-consultant brother Dan confirm from abundant research that the ideas that make the most immediate and lasting impact on people generally have qualities that have nothing to do with their veracity: simplicity, unexpectedness, concreteness, a measure of credibility, emotional impact, and a vivid exemplifying narrative (Made to Stick). Thus contrary ideas that are more complex, banal, abstract, equally credible, dull, and bereft of a fascinating story cannot compete—even if they have the single quality that matters: truth.


One might assume that those we trust as authorities can rise above the habits of the mass. Journalist David H. Freedman will keep you awake at night, however, by his account (with the wonderful title, Wrong) of just how frequently experts have been wrong nonetheless.


That upsetting news is in my next post.


John G. Stackhouse Jris the Sangwoo Youtong Chee Professor of Theology and Culture at Regent College, Vancouver, Canada. He is the author of Need to Know: Vocation as the Heart of Christian Epistemology.


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Published on July 15, 2014 01:30

July 14, 2014

A reading list on the French Revolution for Bastille Day

Man is born free, and everywhere he is in chains.


– Jean-Jacques Rousseau


The Bastille once stood in the heart of Paris — a hulking, heavily-fortified medieval fortress, which was used as a state prison. During the 18th century, it played a key role in enforcing the government censorship, and had become increasingly unpopular, symbolizing the oppressiveness and the costly inefficiency of the reigning monarchy and the ruling classes.


On 14 July 1789, the prison of Bastille was stormed by revolutionaries. It housed, at the time, only seven prisoners — including two “lunatics” and one “deviant” aristocrat — but the storming of the fortress was not just a tactical victory. Its fall at the hands of the Parisian militia and the city’s peasants was a symbolic and ideological victory for the revolutionary cause, and became the flashpoint for one of the most tumultuous periods of European history. With the fall of the Bastille, the French Revolution had begun, which would eventually culminate in the bloody toppling of a regime which had existed for nearly 800 years. This day is celebrated across France as Le quatorze juillet, the first milestone along the road to the French Republic. In English-speaking countries, it is called Bastille Day.


To mark Bastille Day, and the 225th anniversary of the French Revolution, we’ve made a selection of informative scholarly articles free to read on the Very Short Introductions online resource and University Press Scholarship Online. Want to find out about the French Revolution, how it began, what happened, and why it is perhaps one of the most pivotal events in modern European history? Then carry on reading.


The Storming of the Bastille by Jean-Pierre Houël (1735-1813). Bibliothèque nationale de France. Public domain via Wikimedia Commons.

The Storming of the Bastille by Jean-Pierre Houël (1735-1813). Bibliothèque nationale de France. Public domain via Wikimedia Commons.


Why did the French Revolution happen?


Why it happened” in The French Revolution: A Very Short Introduction by William Doyle


The years of build up to the French Revolution were full of uncertainty and confusion. Why the Revolution happened was not because of a single event, but instead it was caused by a number of developments at the end of the 1780s. This chapter provides a brief overview of these events, taking a look at how important the financial problems were in causing the initial unrest and the significance of the role of the monarchy.


What happened at the Storming of the Bastille?


‘Thought blew the Bastille apart’: The Fall of the Fortress and the Revolutionary Years, 1789-1815“ in The Place de la Bastille: The Story of a Quartier by Keith Reader


During the late 1780s, France was suffering under a crippling economic crisis, throwing the lavish expenditures of the ruling classes and the economic incompetence of the state into bass relief. The Bastille, incredibly costly to maintain and a symbol of state oppression, had become increasingly unpopular with the masses for this reason, among others. This chapter focuses on the events which culminated in the storming and eventual ruin of the fortress, and the ensuing revolutionary years.


How has the Déclaration des droits de l’homme et du citoyen been used throughout French history?


Rights, Liberty, and Equality“ in Revolution and the Republic: A History of Political Thought in France since the Eighteenth Century by Jeremy Jennings


The Déclaration des droits de l’homme et du citoyen (The Deceleration of the Rights of Man and of the Citizen) was passed in August 1789 by France’s National Constituent Assembly. It was a cornerstone of the Revolution, and set out the rights of man as “liberty, property, security and resistance to oppression,” and is one of the most important documents in the history of human rights. Exploring the content of the Déclaration, this chapter goes on to examine how the language of rights it set out was used in key, formative moments in subsequent French history.


What were the Marquis de Sade’s politics during the French Revolution?


Sade and the French Revolution” in The Marquis de Sade: A Very Short Introduction by John Phillips


Donatien Alphonse François de Sade, or the Marquis de Sade, was a French aristocrat, politician, and writer accused by many of political opportunism during the Revolution. He portrayed himself as both a feudal lord and the “liberator” of Bastille, when he called for revolution from his cell. He was a theatrical man with many opportunities to self-dramatize during the Revolution, making it difficult to clearly understand his political position. This chapter examines this through his thoughts and writings during the Revolution.


How was Marie-Antoinette represented?


Pass as a Woman, Act like a Man: Marie-Antoinette as Tribade in the Pornography of the French Revolution“ in Homosexuality in Modern France ed. by Jeremy Merrick and Bryant T. Ragan


Marie-Antoinette, the ill-fated Austrian princess who married Louis XVI, and who met her fate under the guillotine in 1793 at the present-day Place de la Concorde, has long been a much-maligned figure of the Revolution — her name now synonymous with large wigs, “let them eat cake,” and cold indifference to the plight of the poor and disenfranchised. In this chapter, the pornographic pamphlets distributed about the Queen during the Revolution are analysed, paying particular attention to her supposed homosexuality and licentiousness, and the role this took in the anti-monarchist propaganda of the period.


What literature was inspired by the Revolution?


Around the Revolution” in French Literature: A Very Short Introduction by John D. Lyons


Throughout the 1700s many in France grew more and more sceptical: about the absolute nature of the monarchy and around the idea that authority was established by divine providence. This chapter looks at how the literature of the time was inspired by and reflected this dissatisfaction, including Pierre Caron de Beaumarchais’s The Marriage of Figaro and The Marquis de Sade’s Justine ou les Malheurs de la Vertu.


What was the Terror?


Off with their Heads: Death and the Terror“ in The Terror of Natural Right: Republicanism, the Cult of Nature, and the French Revolution by Dan Edelstein


The guillotine has come to embody the darker side of the French Revolution, especially during the Reign of Terror which lasted from September 1793 to July 1794. The death toll of The Terror is almost incomprehensible, with 16,500 victims meeting their ends under the guillotine. Maximilien Robespierre is the figure most closely associated with this bloody period, and yet, “in one of the more bitter ironies of history” as this chapter says, he started his career as an outspoken opponent of the death penalty. Here, the genesis of The Terror is detailed, the differences between the French and American Revolutions set out, and the concept of the hostis humani generis (enemy of humanity) introduced — an enemy who could only be met with death.


How did the French Revolution change France?


The French Revolution, politics, and the modern nation” in Modern France: A Very Short Introduction by Vanessa R. Schwartz


The French Revolution, unlike others, managed to effect change from within, with the new government making some radical changes, even starting a new calendar, to differentiate themselves from the old regime. This chapter looks at how history and symbols were used by this new government to symbolize and mythologize their nation.


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Published on July 14, 2014 05:30

Summer reading recommendations

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Whether your version of the perfect summer read gives your cerebrum a much needed breather or demands contemplation you don’t have time for in everyday life, here is a mix of both to consider for your summer reading this year.


If You Liked…


A Tree Grows in Brooklyn, you should read Little Women by Louisa May Alcott. Themes of family, coming of age, poverty, and idealism provide the framework for both titles. Little Women, Louisa May Alcott’s tale of four spirited sisters growing up in Civil War-era Massachusetts, continues to charm readers nearly 150 years after its original publication.


9780199564095_450Interview with the Vampire, you should read Dracula by Bram Stoker. An obvious association, but if you gravitate toward vampire tales you owe it to yourself to read the book that paved the way for True Blood and Twilight, among many others.  Although Stoker did not invent the vampire, he is credited with introducing the character to modern storytelling.  Told in epistolary form, the story follows Dracula from Transylvania to England and back, as he unleashes his terror on a cast of memorable characters.


…Bridget Jones’s Diary, you should read Pride and Prejudice by Jane Austen. The parallels between these two protagonists prove that universal themes such as love and the absurdities of dating can transcend centuries. Fans of Bridget Jones, who was in fact inspired by Pride and Prejudice, will find amusement and sympathy in the hijinks Elizabeth Bennett experiences in one of literature’s most enduring romantic and comedy classics.


…The Harry Potter series, you should read The Wind in the Willows by Kenneth Grahame. J.K. Rowling herself has purportedly cited this timeless children’s classic as one of her first literary inspirations, read to her as a measles-stricken four-year-old. Like Potter, Wind in the Willows employs child-centric characters, adventures, and allegory to explore such adult themes as morality and sociopolitical revolution.


…The Da Vinci Code, you should read Treasure Island by Robert Louis Stevenson. Where Da Vinci Code’s treasure is symbolic in nature, Treasure Island’s booty takes a more literal approach. The book boasts the same page-turning suspense offered up by Dan Brown’s mega-hit, with some good old fashioned pirates thrown in for added fun. This edition includes a glossary of nautical terms, which will come in handy should you decide to take up sailing this summer.


9780199535729_450…Jaws, you should read Moby Dick by Herman Melville. If you like to keep your holiday reading material thematically consistent with your setting, you may have read Jaws on a previous beach stay. For a more pensive and equally thrilling literary adventure, try Moby Dick. Where the whale pales in the body count comparison he surpasses in tenacity, stalking his victim with a human-like malevolence that will make you glad you stayed on the sand.


…Jurassic Park, you should read The Lost World by Arthur Conan Doyle. Reading Jurassic Park without having read The Lost World is like watching the Anne Heche remake of Psycho and skipping Hitchcock’s classic version. Though most people are familiar with the book by Michael Crichton, you may not be aware that the blockbuster was inspired by a lesser-known original that dates back to 1912. And isn’t the original always better?


…The Hunt for Red October, you should read Twenty Thousand Leagues Under the Sea. Although an adventure of a different sort, Leagues takes readers on a similarly gripping underwater journey full of twists and turns. Verne was ahead of his time, providing uncannily prescient descriptions of submarines that wouldn’t be invented until years later. For a novel that’s been around for over 150 years, it still has the ability to exhilarate.



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Published on July 14, 2014 03:30

Ralph Zacklin: a personal perspective on international law

What does international law truly mean in the world today? For the publication of Malcom Evans’s International Law, Fourth edition, we asked several leading figures that question. Ralph Zacklin, the former UN Assistant Secretary General for Legal Affairs, provides his personal perspective on international in the edited essay below. A full version of his essay can be found on the textbook’s Online Resource Centre, along with five other personal perspectives.


By Ralph Zacklin


I have been privileged to work for almost thirty years as an international lawyer in the United Nations and from this vantage point international law is neither the omnipotent solution to the world’s problems nor is it an illusion that only die-hard pacifists cling to. It is, in fact, for the practitioner a very real and pragmatic discipline. That it may be uncertain, incomplete, and difficult to enforce does not lessen the need for the rule of law on the international plane nor does it mean that the efforts to codify the law and develop its institutions should cease or be diminished.


At the core of contemporary international law is the Charter of the United Nations. It is a tribute to its drafters in the San Francisco Conference that this instrument has retained its essential validity as a set of fundamental principles which have guided the community of States for more than fifty years. It is the basis for the development of much of international law as we know it today in such key areas as human rights, the environment, and the law of the sea and outer space, not to mention the vast array of multilateral treaties in numerous technical, economic, and scientific areas.


International law provides a common legal vocabulary within which States and other actors operate. It provides a framework for conceptions of what is ‘legal’ or ‘right’. For the author personally, the most striking lesson of the last thirty years is not the quantitative qualitative development of international law which has been substantial but the degree to which States have come to accept the existence of international law as a standard that must be observed or by which their actions must be justified.


There is another dimension to international law which is sometimes overlooked in an era of globalization. International law, however inchoate it may be, represents the expectations and claims of substantial segments of humanity. It cannot be dismissed merely because of its perceived weakness. This dimension is of particular relevance to the member States of the United Nations, the overwhelming majority of whom rely on international law-making processes in international forums to weave together the fabric of the rule of law.


This accounts for the persistence of the United Nations in the holding of major conferences or summits––much derided in some quarters––which have produced soft law Declarations on the environment, human rights, advancement of women and a panoply of economic and social rights. These fora move from agenda-setting gradually towards normative outcomes and have undeniably altered the international legal landscape over the past twenty-five years.


Law, whether domestic or international, is by nature a conservative discipline. Its evolution is slow, even laborious. International law is not, nor should it be, viewed as an ideal state in which harmony prevails. Like any other system of law, its rules and institutions mature over time. When one compares the international law of today with that of a mere three decades ago, one cannot but marvel at the advances that have been made both normatively and institutionally. The path of advancement is by no means uneventful but it continues.


I have been fortunate in my own career to have had the opportunity to contribute to significant developments in international law, such as the establishment of ad hoc criminal tribunals for Yugoslavia and Rwanda as well as, more recently, the Special Court in Sierra Leone. Over the years I have provided legal advice which has helped to shape much of the contemporary law of UN peace-keeping and, like many of my colleagues, have rejoiced in the completion of UN mandates which have resulted in the independence of countries such as Namibia and Timor-Leste. There have also been tragic failures in Rwanda, Bosnia, and Somalia.


At the outset of my career I was motivated like many young people of the time by an idealistic determination to make the world a safer and a better place. Over the years my idealism has certainly been tested, but I believe that the role and impact of international law has grown, and it continues to grow.


Ralph Zacklin is the former UN Assistant Secretary General for Legal Affairs. Malcolm Evans is a Professor of Public International Law at the University of Bristol. Malcolm Evans is the editor of International Law, which provides wide-ranging analysis of all the key issues and themes in public international law and brings together an outstanding collection of interesting and diverse writings from the leading scholars in the field.


Oxford University Press is a leading publisher in international law, including the Max Planck Encyclopedia of Public International Law, latest titles from thought leaders in the field, and a wide range of law journals and online products. We publish original works across key areas of study, from humanitarian to international economic to environmental law, developing outstanding resources to support students, scholars, and practitioners worldwide. For the latest news, commentary, and insights follow the International Law team on Twitter @OUPIntLaw.


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Published on July 14, 2014 01:30

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