bluuebunny/crossref_metadata_2025 huggingface dataset:
Introduction
Authors: Jobani Yuval
Published: November 2023

In recent years, more and more young Israelis convene to mark Gordon’s Yahrzeit (anniversary of death) with public readings and communal study of his writings. In the last two decades Gordon has also emerged as the subject of a wave of enthusiastic research, reflected in a growing number of books, papers, and doctoral dissertations on his life, thought, and legacy. Why, despite the hundred years that have passed since his death, does Gordon still capture the imagination and inspire young people? Why are contemporary scholars intrigued by his philosophy and views on issues such as ecology, gender, religious renewal, education, and social justice? Addressing these questions, the chapter surveys the vast, and rapidly growing, body of literature on Gordon’s life, thought, and legacy; distills his main ideas and sets them in their historical context; and shows why they are essential to understanding the environmental crisis—and to overcoming it.
The “Return to Nature” Speech
Authors: Jobani Yuval
Published: November 2023

The chapter provides a close reading of Gordon’s well-known “Return to Nature” speech, which ends the first chapter of MN. In this speech, Gordon weaves fragments, idiomatic phrases, paraphrases, and metaphors from the classical Jewish corpus of the Bible, Talmud, Midrashic literature, and Kabbala. This richness of language lends a distinctly prophetic character to Gordon’s speech as well as the validity of religious admonition. In addition, the chapter broadens the canvas against which the depth and scope of the impact of Gordon’s green philosophy on Jewish culture can be better understood. The chapter explores the various ways in which rural collective communities in the Land of Israel were inspired by Gordon to renew and invent Jewish ecological rituals and practices.
Facial Choreographies
Authors: Dodds Sherril
Published: November 2023

The face contributes a vital yet often overlooked component of dance performance. This book examines what the face does in dance and what might it mean. It focuses on popular presentational dance, which permits the face to be one of excess and spectacle, as well as disclosure or deception. The concept of facial choreography resists the idea that the expressive countenance in dance is simply by chance, and instead conceives its movement as purposeful, creative, and communicative. The book centers on three facial case studies: global celebrity Michael Jackson, whose face has occupied a site of fervent controversy; Maddie Ziegler, child star of the reality television series Dance Moms and de facto face of pop star Sia; and a community of hip hop dancers who engage in fiercely contested dance battles. The chapters are organized according to action-expressions, conceived as verbs rather than nouns, actively working even in times of stillness: SMILE, LOOK, FROWN, CRY, SCREAM, and LAUGH. Across each case study, the book explores pedagogies of facial composition, the purpose of codified expressions, and how dancers re-choreograph their faces as a critical unworking of what a dancing visage might represent. Facial choreographies engender opportunity for startling creativity, the articulation of identity, a cathartic expression of emotions and attitudes, and the capacity to dismantle previously held assumptions. As the dancing face tauntingly slips between visual, sensory, and kinetic registers, it ensures that nothing can be taken at face value.
About Face
Authors: Dodds Sherril
Published: November 2023

The introductory chapter considers what various disciplines reveal about the face and takes the idiomatic expression “about-face” to position some of its ideas in opposition to prior assumptions. In the first section, it examines how performance scholarship has conceived the performing face and then speculates as to why the face has failed to receive serious scholarly attention within dance studies. In the second section, it explores the prominence of the face in everyday life, and the breadth of scholarship that addresses its expressions, representations, functions, sensations, and interactions. It identifies five critical strands across this literature that offer frameworks through which to analyze the face. In the final section, it turns to the subject of popular dance performance to suggest that the dancing face can stage a mode of critical work that the face in everyday life has less opportunity to exploit.
SMILE
Authors: Dodds Sherril
Published: November 2023

The SMILE chapter excavates a genealogy of the smile from late nineteenth-century minstrelsy and the early twentieth-century chorus line to show how pedagogies of a racialized and gendered smile persist through the screen performances of Michael Jackson and Maddie Ziegler. It analyzes Jackson’s smile within his early career performances through the racial and racist structures of the popular music industry, which schooled Jackson in the art of polished facial expressions. It then explores how the studio featured on Dance Moms trains Ziegler to smile as a form of service culture, as an ideology of positivity, and as an orientation toward objects of happiness, all of which are tied to the values of competition dance and its ethos of winning. It concludes that popular dance demands a glossy and tenacious smile that labors to fix identities in place, but its capacity to mask feelings and experiences ensures that it can never be trusted.
FROWN
Authors: Dodds Sherril
Published: November 2023

The first part of the FROWN chapter analyzes three Michael Jackson music videos in which he plays screen characters framed as streetwise and dangerous. It employs Gates’s concept of Signifyin(g) to argue that Jackson’s frown works as a choreographic play that calls attention to African American popular music traditions and questions racist social frameworks that seek to fix a primitivist Black masculinity. The second part examines the use of the frown in breaking battles. It looks to ideas of mean mugging, the inaccurate links between breaking and gang violence, and the intertextual deployment of a cartoon character in the frowning b-boy persona. It uses the idea of a provocative frown to assert that the frown might work choreographically to signal discontent and stimulate aggression, but this sits in tension with its capacity to question and reformulate the histories and values of popular dance practice.
LAUGH
Authors: Dodds Sherril
Published: November 2023

The LAUGH chapter first looks at two parodies of Maddie Ziegler in Sia’s “Chandelier” video: the first features talk-show host Jimmy Kimmel and the second is a YouTube mash-up of Star Wars and “Chandelier.” Both draw attention to Ziegler’s viral dancing face to generate laughter. While the first takes an uncritical stance on the original to pursue commercial interests, the second offers a radical interpretation of the original which pushes back against the hold of the mainstream media. The second part of the chapter turns to hip hop battles in which dancers deride or laugh with their opponents to tickle the crowd. Although breaking is often perceived as an aggressive dance practice, the author shows how breakers laugh in the face of their opponents through a corporeal clowning that creates communities of laughter. The chapter develops the idea of a cathartic laugh as each example offers some degree of emotional release.
Language and Cinema
Authors: Markham Peter
Published: November 2023

This chapter asks whether the screen has a language, what is meant by language, and how this might apply to cinematic representation and address. Merriam-Webster definitions of language are quoted, touching on aspects of: systematic aspects; communicating ideas or feelings; use of conventionalized signs, sounds, gestures, or marks; and understood meanings (how this applies to cinematic discourse).The “form or manner of verbal expression” is offered as indicative of style. Style is seen not as a veneer of elegance, as decorous, but as integral to language and its communicative function. The author posits the concept of practical aesthetics—a visual not pictorial resource. The language and aesthetics of film can be understood in one sense as esoteric: “belonging to an art or a department of knowledge.” The transgressive language of cinema is considered a further aspect of its discourse. Cinematic language is shown also as stealing from other visual and narrative forms, as well as itself. The influence of new visual media is brought to the reader’s attention.
Camera
Authors: Markham Peter
Published: November 2023

In this chapter camera is understood first as concept, then practice. Concept covers the categories of invisible/visible, capturing/participating, ubiquitous/restricted, witness/voyeur, transgressive, critical, passive-minimal/dynamic-participatory-complicit, and shapeshifting. Factors determining placement, whether flexible or restricted, are seen as related to film lensing, to angle, to context within a scene or “sequence shot,” and to a filmmaker’s intuition and individual vision. Choice of angle as applied to a single or 2-shot is offered as key to a general understanding, given that staging, looks between characters, the dimensions and configuration of a set/location, space—deep, mid, flat, background—narrative POV, actor, and performance will inform the filmmaker’s options. The following aspects of angles and their effects on the audience are illustrated: frontal angles, profiles, half-profiles, angles articulating narrative POV, back shots, top shots, raking (low, high), dutched angles, angles on axis of the drama, camera height, and character eye level. The reader’s understanding of camera movement is informed through aspects of x-, y-, or z- axes (lateral, vertical, or deep), push in/pull out, speed, axis, countermoves, editing in camera, narrative/descriptive moves, pivots, and steady/unsteady camerawork. Lensing is analyzed through facets of depth of field; wide-angle, neutral, and long lenses; effects of these, and qualities of the image afforded by spherical and anamorphic lenses.
Reading the Screenplay
Authors: Markham Peter
Published: November 2023

The value of reading a film’s screenplay (not a transcription of the completed movie) and the questions this may raise are explained in this chapter. Such a reading—through any omissions, additions, or revisions—can reveal the substrata and development of the narrative and its representation on the screen. Scenes may have been reordered or omitted to render narrative and emotional flow more coherent. Information and repetition in a screenplay may not have proved necessary in the film, while the filmmaker may have needed to clarify on the screen what worked well enough on the page. What might the film reveal about the nature of images on the screen as opposed to words on the page? Has certain dialogue been found unnecessary? Has the screen multitasked in ways the page could not? How much has the screenwriter’s rhythm and tone in their sentences, punctuation, and choice of idiom informed the discourse of the film? In conclusion, the art of the filmmaker is understood as a process of evolutionary decision-making, rendering a film, in a sense, a palimpsest.
Hereditary
Authors: Markham Peter
Published: November 2023

In this chapter the family séance is analyzed in the order of its sections: the scene prelude, Annie exhorts Steve and Peter, the invocation of Charlie, the possession of Annie, and the resolution. Each section is structured as follows: summary, questions (for audience, for reader), commentary, and conclusion (incorporating information conveyed, emotion, visceral sensation, and vision). Screenshots and forensic commentary provide step-by-step critical insights into the art of the filmmaker in regard to storytelling, flow of emotion, staging, shooting and editing, and address to the audience. The chapter considers both cinematic art in general and the filmmaker’s chosen discourse for his film, providing specific instances of his art related to universal principles. The chapter follows Annie’s coercion of the unsuspecting Steve and Peter into a séance, through which she attempts to invoke, and apparently succeeds, the spirit of Charlie—although the spirit’s identity remains ambiguous—resulting in Annie’s possession and a traumatic response from Peter. The change of the order of scenes from screenplay to film is considered. There follows an examination of the transition to the following scene.
Nomadland
Authors: Markham Peter
Published: November 2023

This chapter analyzes the scene in which Dave invites Fern to stay at his son’s home and the scenes of her subsequent departure. Screenshots illustrate the first obligatory scene’s five setups, its shooting and cutting stylistically of a piece with the film’s visual discourse even if its characters are fictional and played by accomplished actors, while the elements of composition and mise en scène are integral to the episode’s drama. A comparison of the screenplay with the film is shown to reveal how the filmmaker replaces the page’s suggested business with more effective static staging. Through screenshots and accompanying commentary, the author demonstrates how Zhao utilizes the resources of practical aesthetics, together with sound, to tell visually the story of Fern’s later departure. Finally, the chapter describes how Fern’s subsequent journey is conveyed by precise imagery that reflects the path of the character’s consciousness, an example of how a filmmaker can reveal the inner mind of a character.
Reproductive Strategies of the Golden Lancehead, Bothrops insularis, from Queimada Grande Island
Authors: Kasperoviczus Karina N , Braz Henrique B. , Amorim Ligia G. S , Almeida-Santos Selma M
Published: November 2023

Reproductive phenology and output of the insular endemic Golden Lancehead (Bothrops insularis) differ from its mainland congeneric relative largely due to its highly seasonal prey (migratory passerine birds). Male Golden Lanceheads “schedule” spermatogenesis to begin in autumn, after the summer migratory season of its main avian prey. While some females acquire enough energy reserves in summer to fuel reproduction, the high cost of vitellogenesis may prevent most of them from doing so. Accordingly, females take advantage of the winter migration of other bird species to acquire extra energy reserves. To track irregular and asynchronous vitellogenesis in females, males have evolved a longer mating season than their mainland relatives. The low reproductive frequency in females, likely a result of scarce and seasonal feeding activity, implies that few females are accessible during the mating season. Behaviors such as mating vigilance by males may have evolved to ensure paternity.
Two Islands, Two Origins
Authors: Murphy John C , Weber John C , Jowers Michael J , Jadin Robert C
Published: November 2023

The Trinidad-Tobago archipelago contains two major islands and about 25 satellite islands ranging in size from 3.6 km2 to less than 1 ha. Despite different origins, both islands with satellites share a continental biota and have a rich snake fauna originating from vicariance and dispersal events. The authors used published molecular and morphological data to compare the two faunas and here discuss their origins and biogeography. Relatively high snake diversity and local endemics are present on both islands, which share some species with each other or with the mainland. Spatiotemporal distribution patterns illuminated by genetic clocks enhance understanding of evolution in the region and provide a more general example for the study of other biogeographic patterns. The authors also examined the literature for historical records. Trinidad shares many species with the Paria Peninsula in Eastern Venezuela, while Tobago species are more closely related to those from Venezuela’s more distant Central Caribbean Coastal Range.
Prospects and Overview for Conservation of Snakes on Islands
Authors: . Lillywhite Harvey B , Martins Marcio
Published: November 2023

Snakes have a successful and pervasive presence on islands, and in many cases populations of snakes on islands are robust. Like many other insular biota, snakes can be sensitive to disturbance and extinction. Insular snakes also exhibit, in general, endemic, interesting, and unusual species and are exemplars of evolutionary adaptation and plasticity of responses to new or changing environments, especially prey. Because of the isolation and size of islands, insular snakes can be models for studies of diversification and extinction. In this chapter, the authors assess the success of snake populations on islands and summarize the threats to extant insular species. The authors believe it is imperative that increasing attention be given to conservation of insular snakes and the islands on which they live. They propose that conservation of these species is important for aesthetic, cultural, and scientific values in addition to other reasons discussed in this chapter and volume.
Facing Authority
Authors: Fossen Thomas
Published: November 2023

When your friends call on you to take to the streets and demand the fall of the regime, this presses a practical predicament that we all address, often implicitly, in our everyday lives: Is this regime legitimate? Facing Authority investigates the ways in which this question of legitimacy can be addressed in theory and practice, in the face of disagreement and uncertainty. Instead of asking, “What makes authorities legitimate?” in the abstract, it examines how the question of legitimacy manifests itself in practice. How can we distinguish whether a regime is legitimate, or merely purports to be so? And what does it mean to do this well? Facing Authority proposes that judging legitimacy is not a matter of applying moral knowledge, provided by political philosophy, but of engaging in various forms of political contestation—contestation over the representation of power (what is the nature of the regime?), collective selfhood (who am I, and who are we?), and the meaning of events (what happened here—a coup, or a revolution?). These questions constitute the heart of the question of legitimacy, but thus far they have been neglected by theorists of legitimacy. This book offers a new way of thinking about political legitimacy and practical judgment, interweaving philosophical analyses of key concepts (including representation, identity, and temporality) with concrete examples of struggles for legitimacy, from the German Autumn to the Arab Spring. The result is a pragmatist alternative to predominant moralist and realist approaches to legitimacy in political philosophy.
Sensing the Dangers
Authors: Wicks Robert J. , Werdel Mary Beth
Published: November 2023

This chapter emphasizes the importance of being aware of the ongoing challenges of acute and chronic secondary stress, especially in dealing with clients who face multiple and varied crises. The chapter explores the definition and causes of burnout and the symptoms of burnout (cynicism, workaholism, isolation, boredom, and depletion) and identifies levels of burnout. It includes an important discussion of the real and present danger of vicarious posttraumatic stress disorder. The chapter also includes one questionnaire for clinicians to use in self-reflection and to deepen their awareness of their personal vulnerabilities to stress, and a second questionnaire to help clinicians uncover potential vicarious posttraumatic stress disorder.
Sexual Violence in Criminal Law
Authors: Andersson Ulrika
Published: November 2023

This chapter analyzes the recent criminalization of negligent rape in Sweden, introduced in 2018. The aim is to contribute to the discussion of criminalization as it relates to violence against women, while taking a broad view of criminalization that includes not only criminalization per se but also the application of law. The analysis of the application of the crime of negligent rape, from the perspective of legal presumptions, criminal and procedural principles, and implicit premises clearly illustrates the complexity of legal certainty and legal protection when it comes to sexual violence. The practice of criminal law could be described as a function of these three intertwined factors, so the criminalization of sexual violence, and perhaps of other types of offenses as well, should therefore be analyzed and evaluated from the standpoint of all three factors rather than just in relation to one of them.
Before Integration
Authors: Salem Joseph
Published: November 2023

In Chapter 4, Boulez’s early correspondence with John Cage reflects the spirit of collaboration between the two composers, including their united commitments to musical structure and traditional genres such as the string quartet. At the same time, the ensuing sources of tension between the composers foreshadow recurring themes among Boulez’s many personal relationships. The second part of this chapter introduces Boulez’s turn to integral serialism through Polyphonie X. The work was a musical failure, but Boulez’s response to its reception created a learning opportunity. Its features relate to problematic trends found throughout Boulez’s formative period, some of which were quickly corrected, while others continued to haunt his creative process for years to come.
Stereophony and Spirals
Authors: Salem Joseph
Published: November 2023

Premiered less than one year apart, Doubles and Poésie pour pouvoir are two large-scale orchestral works that represent distinct trends in Boulez’s output. Doubles demonstrates Boulez’s growing exploration of blocs sonores as the basis for a variety of compositional techniques, including “diagonal” polyphony, pulsed and non-pulsed duration, and “virtual” themes, all of which connect to poststructuralist tendencies in his music. By contrast, Poésie is based in the exploration of the spiral as a figurative, graphic, and literal concept. This chapter treats each composition in turn. As a successful composition that was later expanded, Doubles exhibits postmodern notions of time and repetition that imbue numerous future works. Meanwhile, Poésie is connected to the spiraling sea shells of Paul Valéry in a critique of Boulez’s reliance on modernist influences as a backward tendency that parallels his earliest experiments in integral serialism.
Slavery and Race
Authors: Jorati Julia
Published: November 2023

Discussions about the morality of slavery are a central part of the history of early modern philosophy. This book explores the philosophical ideas, theories, and arguments that occur in eighteenth-century debates about slavery, with a particular focus on the role that race plays in these debates. This exploration reveals how closely Blackness and slavery had come to be associated and how common it was to believe that Black people are natural slaves, or naturally destined for slavery. The book examines not just well-known authors like David Hume, Immanuel Kant, and Jean-Jacques Rousseau, but also less widely studied philosophers like Quobna Ottobah Cugoano, Lemuel Haynes, and Olympe de Gouges. By presenting philosophically important aspects of debates about slavery in eighteenth-century North America and Europe, the book aims to be a valuable resource for scholars, instructors, and students who are curious about a topic that historians of philosophy have so far neglected.
Singing Mantras and Visualizing Flowers
Authors: Cantú Keith Edward
Published: November 2023

This chapter explores the aesthetic dimensions of Sabhapati’s literature and teachings, with regard to both aural and visual culture. The first part treats the role of lyrical compositions and poems set to music, and analyzes Sabhapati’s identity as a poet and the function that such compositions served in temple culture in Tamil Nadu more generally. The second part analyzes the phenomenon of incantation of the musical tones (svaras) and their connection with mantras in Sabhapati’s work, including the ways in which mantras were both sung aloud and recited silently and the connection of these practices to Sabhapati’s cosmological system. The final part of the chapter analyzes the multivaried and lavishly illustrated visual diagrams in Sabhapati’s work, an aspect of his literature that distinguishes it from other works on yoga published during this time, and treats their connection with Sabhapati’s teachings on svarūpa or “inherent nature.”
Dissecting the Nature of Śivarājayoga
Authors: Cantú Keith Edward
Published: November 2023

This chapter covers the role of “science” in Sabhapati’s literature, with special attention to his engagement with emerging scientific views on the material elements and how these views were or were not integrated into his cosmology. The chapter begins with Sabhapati’s analysis of phenomena into spiritual and physical components, which is then followed by the way “ether” (ākāśa) is framed and how it is informed by a discourse on “pure ether” or śuddhākāśa. The third and final part of the chapter analyzes an introduction written by his Bengali translator Ambikacharan Bandopadhyay that compares Sabhapati’s system of yoga with philosophers and scientists whose writings formed part of the Victorian naturalist worldview.
Introduction
Authors: Carson Jamie L , Sievert Joel , Williamson Ryan D
Published: November 2023

Chapter 1 introduces the concept of nationalization and outlines its well-documented increase in recent elections. Nationalization refers to top-down forces, such as presidential vote choice, informing voters’ decisions in subnational elections rather than candidate-specific factors or local forces. For example, in the 2016 elections, every state won by Hillary Clinton also elected a Democratic senator, and every state won by Donald Trump elected a Republican senator. This led pundits to declare the 2016 Senate elections the most nationalized ever. By 2020, only one state split its vote between the presidential and Senate election, nearly repeating what was witnessed four years prior. Even though many states do not provide a straight-ticket voting option on the ballot, voters consistently offer support for only one party’s candidates. These high levels of partisan loyalty are similar to that of votes cast under party ballots during the 19th century.
Nationalization and the Electoral Connection
Authors: Carson Jamie L , Sievert Joel , Williamson Ryan D
Published: November 2023

This chapter investigates the relationship between nationalization and the electoral connection from 1840 and 2020 and finds that no level of nationalization completely inhibits the ability of candidates to cultivate a personal vote with constituents. Some work suggests that nationalization has the potential to weaken the relationship between constituents and voter, while other research shows that it is possible for congressional candidates to establish an electoral connection with voters despite highly nationalized politics. Even though the party ballot made it extraordinarily difficult for voters to split their ticket in many races, differential election timing mitigated nationalization in some cases throughout the 19th century. In more recent elections, open seats change party control more often. As such, there is still an opportunity for candidate-specific factors like incumbency to exert an influence on election outcomes even during eras of high nationalization; it is just less likely for those candidate-level characteristics to change the outcome.
The Light of Learning
Authors: Dynner Glenn
Published: November 2023

In the aftermath of World War I, the Hasidic movement appeared to be in shambles. Hasidic rebbes and their followers had dispersed, their courts lay in ruins, and the younger generation seemed lost to secularization. Yet over the course of the interwar period, Hasidic leaders reinvented themselves as educators charged with rescuing the youth. During the ensuing pedagogical revolution, the Hasidic yeshiva effectively displaced the Hasidic court, rebbes became known more for scholarship than miracle-working, and Hasidic young men and often women became, above all, students of Torah. By mobilizing devotional Torah study, Hasidic leaders subverted the “civilizing” projects of the Polish state and its perceived secularist Jewish allies and began to win back the youth. Torah study was thus not only a spiritual-intellectual endeavor but a potent political act, and it persisted in underground ghetto bunkers throughout the Holocaust. The revival of Hasidic learning transformed the movement and continues to define Hasidism to this day.
Work Hard for the Money
Authors: Brock Clare R.
Published: November 2023

Chapter 3 details the evolving, pivotal role of interest groups in the policy process and suggests hypotheses for how lobbying organizations have adapted to a changing congressional environment. Polarization has led to a prolonged policy process. In this environment, interest groups have become non-partisan negotiators, often specializing in coalition-building as a tactic to mediate between legislators who are barely civil to one another. This theory suggests that, frequently, coalition building occurs externally to Congress, not within it. Increasingly, interest groups are doing the work of finding, building, and negotiating coalitions around policy as legislators face ideological splits on nearly every issue. This chapter shows that, as the institutional capacity of Congress has declined, interest groups have increasingly taken on the work of committees. This theory moves beyond the traditional view of interest groups as providing informational subsidies and expands their roles into providing legislative work subsidies, including coalition building and negotiating.
Foundations of American Contract Law
Authors: Gordley James
Published: November 2023

This book reconsiders the foundations of American contract law by clarifying the meaning of fairness and choice. It shows how these ideas were muddled with the rise of voluntarism and conceptualism in the nineteenth century. Contract was defined in terms of the will of the parties, even though parties were often bound by terms to which they had not consciously assented; at other times, they were not bound by the harsh terms to which they had assented. Rules were formulated without regard to the purposes that contract law serves. Current theory and practice recognize these problems but cannot resolve them because they lack a clear idea of fairness in exchange. They approach them by manipulating the idea of choice, or by creating exceptions to previously accepted rules, or by introducing vaguely conceived policy considerations. Economic approaches entirely disregard fairness. This book revives a pre-nineteenth-century idea of fairness in exchange. This idea is consistent with modern economic thought and can reconcile concerns about fairness, party autonomy, and the purposes of contract for the parties as well as for society. The book presents an account of contract law that is principled, comprehensive, systematic, and operational in the sense that it explains or criticizes what courts actually do. It seeks to explain the enforceability of contracts, unconscionability, the effect of mistake, and changed circumstances, and problems of assent, interpretation, good faith, and remedies.
Duties
Authors: Gordley James
Published: November 2023

The parties are bound by what they actually intended the terms of their contract to mean. When the meaning is not clear, a court should consider the context in which a term was used, trade custom, prior dealing between the parties, negotiations between them, or the plausibility that a party would intend terms that did not answer to their purpose or were patently disadvantageous. When a situation arises which the parties did not actually consider, they are bound by what they hypothetically intended: that is, by the terms they would have chosen had they considered the situation. A court should determine what terms best accomplish the purpose that they actually intended to achieve when they made the contract. Sometimes the parties wish to be bound by terms which they could not have specified in advance because they want their obligations to be more flexible or they want to cooperate on terms that they cannot yet specify. In that situation they are bound by the terms that promote this flexibility or cooperation Courts say that such terms are binding as a matter of good faith.
Compensation for the Value of Benefits Conferred
Authors: Gordley James
Published: November 2023

Despite the normal rule of contract law, in some situations a party is liable on a promise made for benefits already received in the past. The making of a new promise may remove an obstacle to enforcing an old one as in the case of an obligation contracted by a minor, a time-barred debt, or aa debt discharged in bankruptcy. The new promise may indicate the value of a benefit received to the promisor and so remove an obstacle to allowing recovery for unjust enrichment. In other situations, the principles of unjust enrichment allow a party who has conferred a benefit to recover even though performance was incomplete because of a breach of contract by the other party.
Introduction
Authors: Kagan Shelly
Published: November 2023

The Introduction explains the goal of the book, namely, to examine arguments that aim to show that there is somet especially problematic about belief in morality or objective moral truths. The book does not attempt to answer more general forms of skepticism. And although each of the issues discussed could be investigated further, the book aims only to say enough to establish that it is indeed intellectually respectable to believe in the existence of morality.
Building “the Common Destiny for Humankind”
Authors: Tsang Steve , Cheung Olivia
Published: November 2023

“The common destiny for humankind” in Xi Thought is essentially a contemporary rendition of the old tianxia (literally “all-under-heaven”) paradigm as Xi sees it. Xi plans to adapt and “re-create” tianxia or a Sino-centric world order through a five-pronged strategy. The five drivers in this strategy, from the most to least important, are: first, take regime security and leadership security as the overriding factor to guide foreign policy; second, double down on party-centric nationalism; third, places China’s interests and values, as defined by the Chinese Communist Party, above those of other countries and the international system; fourth, establish and consolidate Chinese leadership in international organizations and throughout the world; and fifth, vindicate the superiority of Sino-centric socialism or Xi Thought. It requires the Chinese Government to adopt a Sino-centric approach to interact with the rest of the world, one that always puts China first and is fundamentally transactional.
Wild West Subjects to 1910
Authors: Abel Richard
Published: November 2023

This chapter surveys the Wild West subjects produced from 1903 to 1910, establishing a series of tropes that also will help frame Chapters 2 and 3. Those tropes include, first, stories of the bitter conflicts between white settlers and Indians or Mexicans as to who would eventually control the North American continent. A second trope highlighted location filming in the West’s spectacular landscapes, from which Indians and Mexicans were being subdued or eliminated so as to envision an empty space whose rich resources would be open for expropriation. Another involved the central figures that defined this struggle over land, from heroic cowboys and rival “bad men” to threatening Indian warriors or Mexican outlaws and “Indian maidens” who betrayed their own peoples. As a fourth trope, the nostalgic concept of the Indian as a generic term began to emerge as the “Vanishing American.” In short, all of these tropes soon came to characterize the Manifest Destiny of early westerns.
International Investment Jurisprudence and Africa
Authors: Kidane Won L.
Published: November 2023

Although the contemporary debate is primarily doctrinal in nature and seeks to find a balance between protection of investment and regulatory power regardless of the stage of development of the host or the home state, its essence and direction could only be fully understood in the context of the post–World War II economic expansion and decolonization of territories that were under the control of the advanced economies of the Global North. This chapter begins with a historical note on Africa’s ICSID participation and sets forth the framework for the detailed analysis of the procedural and substantive principles that have emerged out of and/or consolidated in the African ICSID cases in the chapters that will follow.
Decision-Makers and Representation
Authors: Kidane Won L.
Published: November 2023

The identity of the decision-makers in the African cases is the subject that is discussed most frequently relative to any other topic in ISDS discourses. This chapter identifies all of the arbitrators and party representatives in each case. Unlike most prior studies, it presents it in a narrative form rather than in a statistical chart. It finds that out of the total 88 appointments, only four have been women and only eight have been non-Western. Only one tribunal had majority woman. No tribunal was chaired by a non-Westerner. This sample is appears indicative of a broader trend and confirms many previous studies. It also suggests that the extent of the diversity deficit in the African cases might be even greater than cases from other regions.
The Eight African Regional Economic Communities in Context
Authors: Kidane Won L.
Published: November 2023

The proliferation of Regional Economic Communities is not unique to Africa; however, the number of regional communities with investment chapters or protocols in Africa is large by any standard. Of the many such communities, the African Union has recognized eight. Many of these economic communities seek to promote trade, investment, and transnational commerce. The primary focus of most of these economic communities is trade. Many do, however, have investment regimes. Some have more robust investment regimes than others. This chapter offers a brief background on these communities to set the stage for a more detailed discussion of the selected three economic communities with more advanced investment regimes that are profiled separately in the next three chapters.
Protocol to the Agreement Establishing the African Continental Free Trade Area on Investment
Authors: Kidane Won L.
Published: November 2023

AIP assumed the difficult task of encouraging intra-Africa investment by balancing the investor’s rights with the state’s right to regulate. It is informed by more than six decades of intense treaty activity and arbitral jurisprudence. Although it is a significant improvement on all of the previous regional attempts that have overcorrected the perceived inequities and excesses of arbitral jurisprudence, it could not avoid adding its own share of uncertainties through the inclusion of policy-related statements and modification of established rules such as expropriation. This chapter identifies and critically appraises those areas and AIP’s contributions to contemporary international investment law.
Union Citizenship and the Host State
Authors: Nic Shuibhne Niamh
Published: November 2023

Chapter 7 examines the intersection of equal treatment and lawful residence. The right to be treated equally with host State nationals is how the ‘fundamental status’ of Union citizenship was conceived by the Court of Justice in the first place. However, it is being ‘lawfully resident’ that unlocks access to equal treatment. Lawful residence shapes not just the right to reside in a host State but the right to reside there securely. Its legal arc exemplifies the complicated relationship between the rights conferred by the Treaties and the conditions and limits established in secondary law, and underlines the significance of judicial review. The tendency of both case law and legislative reform to react to specific flashpoints—for present purposes, deepening agitation about the impact on public finances when Union citizens are not economically autonomous—can disturb established legal principles. It can also expose groups of tolerated Union citizens: Member State nationals who might be (but are not necessarily) unlawfully present in a host State and are therefore not fully recognised and protected under EU citizenship law. The role of the Charter of Fundamental Rights in such circumstances is also considered.
The Right to Move and Reside
Authors: Nic Shuibhne Niamh
Published: November 2023

Chapter 9 considers the right to move and reside in circumstances not addressed by Directive 2004/38. Article 3(1) of the Directive defines its ‘beneficiaries’ as ‘all Union citizens who move to or reside in a Member State other than that of which they are a national’. Thus, (continuing) residence in a host State is a necessary precondition for the Directive’s application and neither can its provisions be invoked against a Union citizen’s home State. In this chapter, two main instances of movement and residence that do not meet that threshold are examined: first, where Union citizens have current multi-State lives; and second, where past cross-borderness remains legally meaningful after Union citizens return to their home States. These situations evoke the degree of flexibility expected of freedom of movement and raise questions about the adaptability of the legal framework to economic and social developments. As a distinctive example of multi-State life, the chapter also examines rights based on Article 10 of Regulation 492/2011, which enable the child(ren) of a former migrant worker to remain in the host State after the worker has ceased economic activity (and who has normally, though not always, left the State) so that the child(ren)’s education can be completed. These rights, which also protect the child(ren)’s primary carer irrespective of nationality, are the only residence rights for Union citizens based on secondary EU law other than the Directive. However, even in situations formally outside the scope of Directive 2004/38, its provisions are increasingly applied ‘by analogy’.
Identifying Deprivations of Liberty
Authors: McGregor Lorna
Published: November 2023

This chapter focuses on the engagement of the right to liberty as a baseline question for the examination of the international law on detention and its alternatives. While noting that the name given to a place of confinement is not determinative, it analyses a range of factors that can contribute to a finding that a person has (not) been deprived of their liberty, including length, control, coercion, surveillance, consent, and purpose. The chapter examines practices that have given rise to debate on whether the right to liberty is engaged, such as quarantines at home, geographical lockdowns, and on grounds of mental health and social care.
Introduction
Authors: Sikk Allan , Köker Philipp
Published: November 2023

This book is the first extensive comparative analysis of party evolution through the lens of electoral candidate change. This chapter conceptualizes candidates as ‘party genes’ and develops a candidate-based view of party evolution. Most importantly, the approach suggests that parties, like their candidate pools, are fluid and transient, always going through changes at a slower or faster pace—just as genes mutate in evolving species. This notion challenges the binary distinction between completely new and old parties and highlights the phenomenon of partially new parties. The chapter also discusses links between candidate change and other types of party change, and candidate movements between parties. It also briefly introduces a new data set, Electoral Candidates in Central and Eastern Europe (ECCEE), covering 200,000 candidates in nine countries and more than sixty elections. This ‘big but thin data’—extensive in coverage but limited in detail—can be used to resolve complexity in party system evolution. Finally, the chapter discusses how the book uses ideas from evolutionary biology to advance our understanding of party politics and, more generally, suggests tracking change at the ‘micro level’ to understand ‘macro-level’ change even beyond the realm of party politics.
Determinants of candidate change
Authors: Sikk Allan , Köker Philipp
Published: November 2023

This chapter examines the determinants of candidate turnover: the effects of party size, changes in party popularity, socio-economic factors, and corruption. It starts by testing the theoretical model proposed at the end of Chapter 2 using the ‘Electoral Candidates in Central and Eastern Europe’ (ECCEE) data set and finds support for the model regarding the effect of party size and our notion of feasible and non-feasible candidates. Electoral change affects candidate dropout and novelty differently: a larger change increases the dropout rate regardless of whether parties lose or gain support; higher novelty is only associated with increasing party support, while stagnant and decreasing levels of support are associated with a similar (lower) novelty. The final section of the chapter provides an example of a practical application of the model by discussing the impact of corruption on candidate turnover and testing two competing hypotheses: (1) rejuvenation, whereby increased perceptions of corruption trigger the renewal of candidate lists; and (2) renomination, whereby corruption leads to the renomination of old candidates and the stagnation of the candidate pool. The rejuvenation hypothesis receives more support, but only among governing parties.
Leadership change
Authors: Sikk Allan , Köker Philipp
Published: November 2023

This chapter analyses the relationship between candidate turnover and change in party leadership—one of the most visible dimensions of internal party change. Existing studies on party leaders have largely focused on the increasing (electoral) importance of leaders as well as their selection and survival, and less on how these impact on parties internally. However, a change in leadership can signal or lead to changes in policy and organization. Using a quasi-quantitative scale, this chapter distinguishes between more significant forms of leadership change (outsiders taking over) and more trivial forms (insiders replacing incumbents). Overall, leadership change is associated with higher candidate turnover when the new leader has significant novelty; deputy leaders and heirs apparent becoming party leaders do not affect candidate turnover to the same extent. In fissions and fusions, higher candidate congruence between slates (i.e. parties, electoral coalitions, and other formations) generally corresponds to higher leadership congruence.
Milton's Theological Process
Authors: Kerr Jason A.
Published: November 2023

This book proposes a method for reading Milton’s De Doctrina Christiana as an artifact of his process of theological thinking rather than as a repository of his doctrinal views. Such reading involves attention to the complex material state of the manuscript along with Milton’s varying modes of engagement with scripture and various theological interlocutors, and it reveals that Milton’s approach to theology underwent significant change in the course of his work on the treatise. Initially, Milton set out to use Ramist logic to organize scripture in a way that drew out its intrinsic doctrinal structure. This method had two unintended consequences: it drove Milton to an antitrinitarian understanding of the Son of God, and it obliged him to reflect on his own authority as an interpreter and to develop an ecclesiology capable of sifting divine truth from human error. Consequently, the book explores the complex interplay between Milton’s preconceived theological ideas and his willingness to change his mind as it develops through the layers of revision in the manuscript. The book concludes by considering Paradise Lost as a vehicle for Milton’s further reflection on the foundations of theology—and by showing how even this epic presents challenges to the fruits of these reflections. Reading Milton theologically means more than working to ascertain his doctrinal views; it means attending critically to his messy process of evaluating and rethinking the doctrinal views to which his prior study had led him.