bluuebunny/crossref_metadata_2025 huggingface dataset:
Thomas Hornsby
Authors: Bennett Jim
Published: December 2023

Thomas Hornsby was one of those quietly effective eighteenth-century academic scientists in holy orders who are too easily overlooked by historians of science. There is no biography beyond the one in the ODNB. He spent his whole career in Oxford, holding both the Savilian Professorship of Astronomy (1763–1810) and the Sedleian Professorship of Natural Philosophy (1782–1810). He was also Professor of Experimental Philosophy, concurrently with the Savilian Chair, and from 1783 Radcliffe Librarian. A major achievement was the foundation and equipping of the Radcliffe Observatory, where observations began in 1774, and he developed the experimental philosophy collection used for his lectures, which were given in the School of Natural History in the same building as the Ashmolean Museum. The record of this collection, and the lectures Hornsby delivered with their assistance, is extensive and is one of the finest registers in English of the eighteenth-century tradition of philosophical lecturing. Unfortunately, none of these instruments are known to have survived, unlike those of the Radcliffe Observatory. Outside Oxford he was active in the Royal Society and his involvement with the Board of Longitude is especially interesting, coming as it did at a time of lively activity and national prominence for the board.
Recovering prosody from Karuk texts
Authors: Sandy Clare S.
Published: December 2023

In the 1920s, J. P. Harrington made voluminous transcriptions of Karuk, which has a complex system of word-level prosody. This chapter demonstrates that useful prosodic data can be gleaned from Harrington’s baroque and unfamiliar system of diacritic marks. Published texts, archival materials, and historic recordings of master Karuk speakers are analyzed to provide a translation of Harrington’s diacritics into modern Karuk orthography and a contemporary linguistic interpretation of them. The analysis shows that Harrington’s accentual notation is highly phonetically accurate, making a large corpus of transcribed texts useable for synchronic and diachronic study of Karuk accent. Further, Harrington demonstrates reference to an abstract level of representation in a subset of his accent marking, which is unexpected in his surface-oriented phonetic transcriptions. Harrington’s reputation for accurate but over-differentiated transcriptions is thus both affirmed and complicated.
Sound structure and the psycholinguistics of language contact
Authors: Babel Molly , Fricke Melinda
Published: December 2023

In this chapter we propose a conceptualization of the literatures on language contact and mutual influence of sound categories in terms of three interrelated areas of inquiry: Static Knowledge of Phonetic Categories, Dynamic Processes of Cross-Linguistic Influence, and Relating Individuals to Communities. The overarching question to be answered is, how do processes of cross-language interaction within an individual speaker shape sound patterns in the context of languages in contact, such that the community norms are shifted? To this end, we highlight and attempt to synthesize partially overlapping areas of these literatures with the express purpose of building towards a framework for understanding sound patterns in language contact. The ultimate goal is to develop a mechanistic, psycholinguistically-informed model of sound-related language contact phenomena, and to sketch a research agenda in pursuit of such a model.
Language change in small-scale multilingual societies
Authors: Good Jeff
Published: December 2023

The tree and wave models of linguistic diversification represent the most longstanding approaches to understanding the ways in which linguistic subgroups develop. Such highly schematic scenarios, however, lack the sociolinguistic grounding that would be needed to fully understand the range of historical processes that trigger the formation of new subgroups, and there is evidence that tree-like patterns of linguistic diversification may be associated with radically different underlying sociohistories. This chapter proposes a new historical path to the development of tree-like patterns through changes initiated and reinforced by what will be termed magnetic sociolinguistic dynamics. Support for this proposal is drawn from languages spoken by small-scale societies in a rural African region, a sociolinguistic context which has not received significant attention in the literature on linguistic diversification, even though it is likely historically typical for many parts of Africa and beyond.
Strawson’s Basic Particulars
Authors: Snowdon Paul
Published: December 2023

This chapter analyses P.F. Strawson’s argument in chapter 1 of Individuals for the claim that material particulars are the basic particulars in our conceptual scheme. It is asked what group is meant by this third person pronoun and it is not exactly clear. Strawson’s argument starts from the characterization of understanding reference in terms of hearers identifying particulars. The present chapter suggests that understanding reference should not be analysed in terms of identification. Strawson next suggests that demonstratives are the central case with other reference employing spatio-temporal descriptions capturing items outside the demonstrable. It is tentatively suggested in response that demonstration is less connected itself with locatability and that extra descriptions need not be spatio-temporal. Next Strawson provides a transcendental argument to show that we have knowledge-generating methods for making identifications without continuous observation. It would be questionable to deny that we do have such methods but his argument contains some steps which may be deniable. In the final stage of his argument Strawson claims it follows that material objects are the basic objects of reference for us. It is suggested that this may overlook the possibility of very primitive spatial thinking, and that the debate should not assume, as Strawson does, that the basic choice is between material objects and events.
Strawson’s Metacritique
Authors: Gomes Anil
Published: December 2023

What is the status of the claims which make up Kant’s arguments in the Critique of Pure Reason? This question seemed to Kant’s contemporaries to require a metacritique. Strawson’s criticisms of Kant should be understood in this context: as raising a metacritical challenge about Kant’s grounds for the claims which make up his arguments. What about the claims which make up Strawson’s own arguments in The Bounds of Sense? This chapter argues, against what it takes to be the general consensus, that Strawson did not and should not have understood these claims to be analytic. Rather he is somewhat puzzlingly committed to our possessing non-analytic but still a priori knowledge of his claims. What could such knowledge consist in? The chapter extracts from G.E. Moore’s early writings on Kant a model for understanding such knowledge, one which enables us to better appreciate the way in which Strawson’s methodology dovetails with Kant’s own.
Seeing (More than) What Meets the Eye
Authors: Alweiss Lilian
Published: December 2023

This chapter agrees with P.F. Strawson’s observation that perceptual experience is rich and structured, but it questions his conclusion that this shows that perceptual experience is epistemic and knowledge-giving. The chapter argues that while perceptual experience taken by itself is of something ‘objective’, it does not entail a commitment to a commonsense realism where we take these objects to refer to ordinary mind-independent objects that exist unperceived. This has repercussions for how we should understand the so-called problem of perception. The problem of perception asks whether we can ever directly perceive the physical world that is in a strong sense mind-independent. Once we argue that perceptual experience is epistemically neutral, we have reasons to sidestep this concern as we are no longer committed to the premise that the sceptic seeks to question, namely, that we experience enduring objects that exist unperceived. The chapter thus concludes that perceptual experience provides the route for knowledge as it forms the basis upon which we can establish something about it and assess our knowledge claims, but its knowledge-giving role is necessarily derivative and not primitive.
Responsibility After ‘Morality’
Authors: Russell Paul
Published: December 2023

Although P.F. Strawson and Bernard Williams have both made highly significant and influential contributions on the subject of moral responsibility, they never directly engaged with the views of each other. On one natural reading their views are directly opposed. Strawson seeks to discredit scepticism about moral responsibility by means of naturalistic observations and arguments. Williams, by contrast, employs genealogical methods to support sceptical conclusions about moral responsibility (and blame). This way of reading their views depends, however, on the assumption that the concept of responsibility that Strawson aims to defend is the same as the one that Williams aims to discredit. The conception of responsibility that Williams aims to discredit is one that is based around the assumptions and aspirations of ‘the morality system’. This chapter argues that while there is a plausible way of interpreting Strawson’s naturalism that uncouples it from the assumptions of ‘the morality system’, there remain significant differences between Strawson and Williams. More specifically, even if Strawson’s understanding of moral responsibility abandons the (narrow) assumptions of ‘morality’, Strawson is still committed to ‘conservative’ and ‘optimistic’ conclusions about moral responsibility that cannot be sustained.
Dissipation and Force Fluctuations
Authors: Eichler Alexander , Zilberberg Oded
Published: December 2023

In this chapter, we make the transition from deterministic to stochastic classical physics by introducing force fluctuations. These fluctuations are responsible for establishing a finite temperature of the resonator mode when it is coupled to an environment, as captured in the famous fluctuations-dissipation theorem. Understanding these concepts on the harmonic resonator prepares us for the following chapters. We also introduce the probability distribution approach to studying fluctuating systems, and in particular the Fokker-Planck equation.
Coupled Parametric Oscillators
Authors: Eichler Alexander , Zilberberg Oded
Published: December 2023

In this chapter, we combine the parametric oscillator, force noise, and linear coupling to study coupled parametric oscillators. Depending on the strength of the parametric pump (below or above threshold) and on the intensity of the coupling (weak or strong), we find different phenomena, such as normal-mode squeezing, parametric symmetry breaking induced by the coupling, and hopping between many-body phase states. Networks of parametric oscillators are envisioned as a computational resource, and we briefly discuss possible challenges of the approach.
The Quantum Harmonic Oscillator
Authors: Eichler Alexander , Zilberberg Oded
Published: December 2023

In this chapter, we enter the quantum regime. Following a succinct introduction to the topic, we present the main properties of the quantum harmonic oscillator, such as the ground state energy caused by quantum fluctuations, the harmonic energy spectrum of Fock states, coherent states, the density matrix of mixed states and its time evolution calculated with the von Neumann master equation, and various quantum state representations.
Chekhov
Authors: Murphet Julian
Published: December 2023

In the fourth chapter, the astonishing last cycle of plays by Anton Chekhov from The Seagull through to The Cherry Orchard affords an opportunity to see how the greatest literary artist of the turn of the century turned dramatic character on its head, by deposing the protagonist and clearing its space for the emergence of radically new characterological forms: groups and their distributed affects, henceforth not constrained to individual embodiment, but scrambled across a company of players in a spiritual language never heard before on any stage. In his collaborations with the Moscow Art Theatre, Chekhov reimagined character space as a medium all its own, an instrument capable of music hitherto unheard and tending in the direction of metatheatrical transcendence.
Henry James
Authors: Murphet Julian
Published: December 2023

The late work of Henry James is assayed in Chapter 7, where we find a novel solution to the crisis of characterology at this moment in literary history. Rather than plumbing the psychological depths and excavating a newly rounded model of the individual, James redoubles his attention to the narrative surface, where he elaborates a planar geometry of sides, angles, and areas of influence without any third dimension to speak of. In this rarefied textual space, not morals but aesthetics always govern, and individuals cede to groups, as the various quartets and triangles of his compositions stage complex algebraic solutions to moral and formal problems arising from the sheer abstraction of the entire undertaking.
Knut Hamsun
Authors: Murphet Julian
Published: December 2023

Chapter 8 turns to the dizzying originality of Knut Hamsun, particularly his Hunger, where the sacrifice of plot, action, and ‘morale’ is so extreme as to force new mutations in the substance of his characters. When your central character is a narrator and a writer who, because he has no pecuniary means of keeping a roof over his head, is unable to finish a single story, the result is a manic projection of pseudo-characters, half-finished but unrealized personae, running all over social space; and a radical decomposition of the body and being of the protagonist, who unravels into the world.
Introduction
Authors: Goldschmidt Nora
Published: December 2023

Modernism and classical scholarship are traditionally seen as divided by an unbreachable barrier. The Introduction charts the ways in which that barrier has been criss-crossed multiple times, not just by modernist authors drawing on classical material but the other way around: by classical scholars aware of the aesthetic revolutions of modernism unfolding around them. It discusses current definitions of modernism and of the fragment, and the role of both as major interventions in the ways in which classical antiquity has been received and presented, and lays out the argument of the chapters to come.
Food for Thought
Authors: van Pelt Nadia T.
Published: December 2023

Henry VIII used food and ceremonies involving food in diplomatic encounters in England and abroad, and used them to cement alliances. This chapter focuses on Charles V’s visit to England in 1522 as described in the Rutland Papers. The size and make-up of Charles’ retinue gives interesting insights into the truly international nature of the meeting of the royals. Note for example, that in his retinue one finds ‘Le Prince doranges’ and ‘Le Duc de Cleves’. The descriptions, however, of precautions taken and staff brought along to ensure good cuisine are even more indicative of the scale and importance of the visit. Food, this chapter shows, was a core instrument of diplomacy, as it touched on questions of hospitality, trust, precedence, reciprocity, and ceremony. The logistics of the 1522 operation indicate that every town through which the Emperor and his followers would pass was provided with sufficient provisions for men and horses. The memoranda in which a writer asked for directions in the organization of the event and was given answers evokes fascinating concerns such as ‘whether the emperor and his nobles shall be served with his own diaper or else with the king’s’. The encounters between Charles V and Henry VIII are contextualized with other examples of royal visits across Europe to enable a view of the splendour and diplomatic importance of this occasion.
Shaping Contracts for Work
Authors: Golding Gabrielle
Published: December 2023

This book comprises an in-depth examination of the common law’s role in shaping contracts for work through the normative influence of terms implied by law. It aims to construct a theory of the nature of the employment contract, as distinct from other contracts for the performance of work, through the lens of terms implied by law. Terms implied by law into employment contracts, as well as their potential to operate in other non-standard contracts for the performance of work, are critically examined by reference to the test that courts adopt when they are asked to imply such terms. The work’s primary focus is on the English and Australian positions, yet its jurisprudential underpinnings will be of broader interest in other common law jurisdictions. Following an introduction to the general law on implied terms, this work traces the origins and current status of various key terms implied by law into employment contracts, and contracts for the performance of work. It investigates the idea of employment contracts as a class, which are distinct from other contracts for the performance of work and assesses the courts’ haphazard approach to identifying when it is necessary for a term to be implied by law. The work also considers the broader judicial law-making role in implying such terms. Concluding suggestions are made with respect to how courts ought to rethink the rationale they adopt when implying terms by law into employment contracts, as distinct from other types of contracts for the performance of work.
The Significance of Implying a Term by Law
Authors: Golding Gabrielle
Published: December 2023

This chapter assesses the impact of the judicial act of implying a term by law into a contract and how that action, irrespective of the contractual context, has the potential to fundamentally guide, shape, and alter the nature of the relationship between the contracting parties. Its core aim is to expose the significance of the judicial act of implying a term by law. As with Chapter 1, its analysis is brief in comparison to the chapters that follow. This brevity is in recognition of the introductory nature of the debates raised, and their function as a backdrop for the work’s remaining content.
Necessity
Authors: Golding Gabrielle
Published: December 2023

This chapter focuses on the second element of the test for implying a term by law into a particular class of contract: that the term must be ‘necessary’. A great deal of confusion has emerged in trying to understand when it is truly necessary to imply a term by law, in both England and Australia. This chapter explores why this is the case in the specific context of employment contracts, with many of the preliminary concepts discussed applying to contracts generally. In traversing the challenges associated with determining when it is truly necessary to imply terms by law into employment contracts—and, conversely, which of those terms ought to be incapable of exclusion—this chapter commences with an historical account of the ‘necessity test’ for implying a term by law into contracts generally in England. Following on from the emergence of that test, focus turns to the difficulties associated with its application in England. Attention is then paid to the narrow (i.e. functional) and wide (ie political or policy-based) interpretations of that test in Australia, and the complications those interpretations have generated, which have been surprisingly unparalleled in England. The final part of the chapter questions whether, in either jurisdiction, a term implied by law into the class of employment contracts could, or should, be capable of exclusion. The resulting question of which terms implied by law ought to be incapable of exclusion due to absolute necessity to the employment relationship is a key component of this chapter’s final exploration.
The Judicial Role
Authors: Golding Gabrielle
Published: December 2023

This chapter considers the general debate on whether the courts or parliament should make laws with respect to employment contracts. It then offers a view as to how that debate ought to be resolved in respect of allowing the shaping of employment contracts through terms implied by law in the future. In light of the High Court of Australia’s comments in Commonwealth Bank v Barker that the implication of the mutual trust and confidence term is a matter best left to the legislature (rather than the judiciary), it questions the future judicial role in making laws with respect to employment through the mechanism of terms implied by law. An overarching argument is made for greater coherence between statute and the common law to ensure the continuation of a judicial law-making role, even where there are defensible policy positions on both sides of the argument.
Concepts and Theories
Authors: Olaniyan Kolawole
Published: December 2023

Chapter 2 discusses the conceptual and theoretical foundations for people’s ownership of proceeds of corruption. It outlines the various theories on the nature of state sovereignty and their relationships with people’s ownership rights. Several works have extended the theoretical exposition of sovereignty, and the chapter analyses some of the relevant theoretical questions that have been raised by these works. The chapter also explores the question of whether wealth, natural resources, and economic resources are parts of the proceeds of corruption. It discusses the notions of ownership, fiduciary obligations, and state responsibility as additional theoretical models related to the issue of people’s ownership rights of wealth and natural resources and of proceeds of corruption. The chapter then turns to an examination of the related concepts of corruption harm, asset recovery, remedy, and reparations.
Institutional Frameworks
Authors: Olaniyan Kolawole
Published: December 2023

The articulation, development, and ratification of multiple anti-corruption treaties, and the processes and procedures of their anti-corruption mechanisms as well as anti-corruption institutions on domestic-level processes, were established ostensibly to promote government accountability, yet there is still no effective or satisfactory implementation of treaties. Chapter 5 discusses several anti-corruption implementation mechanisms, their scope, and the extent to which they ensure compliance with treaty obligations and hold states parties to account for any failure to act in conformity with their substantive obligations. It also looks at the relationship between these mechanisms and international and regional human rights systems as well as with other mechanisms, including domestic mechanisms. It considers the purposes of these mechanisms and their approaches to ownership of proceeds of corruption, and access to justice and effective remedies for victims. It seeks to address the questions of accessibility of anti-corruption mechanisms for non-state actors.
Conclusions
Authors: Olaniyan Kolawole
Published: December 2023

This chapter offers suggestions for reforms and routes through which recovery, repatriation, management, and transparent and accountable use of repatriated assets might be achieved. This includes an anticipated amendment to Article 69 of the UNCAC. The chapter suggests that the current flaws in the approach of criminal law enforcement to corruption and illicit transfers of its proceeds could be fixed by adopting a combination of strategies, such as global and regional treaties or protocols, and domestic laws to explicitly recognize people’s sovereign and ownership rights of the proceeds of corruption. While these rights exist through inference, expressly recognizing the rights would ground them in reality, enhance their justiciability and enforceability, and improve access to a remedy for victims, as well as enhance accountability of states. The international fight against corruption and efforts to recover its proceeds remain a work in progress.
The Problem of Truth’s Value
Authors: Wrenn Chase B.
Published: December 2023

The Problem of Truth’s Value arises when we try to reconcile an account of why we should care about truth with an account of what truth is. Some theories, called “normativist” here, build value into the very nature of truth. To be true is, in part, to be fit for belief. They risk severing the connection between a claim’s being true and its saying things are as they really are. Other theories, called “Aristotelian” here, leave all normativity out of the account of what truth is. They leave it mysterious why we should prefer true beliefs to false ones or even ignorance. This chapter outlines how the Problem of Truth’s Value arises for normativist and Aristotelian theories. It also sketches the solution defended over the course of the rest of the book. The main proposal is that truth’s value derives from the moral value of caring about truth, not from special value inherent in states of true belief. That proposal, the Strong Virtue Theory of truth’s value, has two parts. The first claims we morally ought to be Truthful people. The second claims that truth itself does not confer special value on beliefs. The chapter also describes the methodology to be followed throughout the book and describes notational conventions to be used.
Truth-Oriented Desires
Authors: Wrenn Chase B.
Published: December 2023

To be Truthful is to have certain truth-oriented desires. They include wanting for what is true to be believed and wanting for what is believed to be true. This chapter considers how best to understand those desires. It has two aims. The first is to clarify and defend a view on which the truth-oriented desires are generic rather than universal in their content. They function as default preferences that allow for exceptions, but a Truthful person requires reasons to deviate from the default. The chapter’s second aim is to consider what assumptions about truth’s nature are necessary to make sense of the truth-oriented desires. The book’s methodology is to employ minimal assumptions about the nature of truth. However, some kinds of deflationism about truth are logically too weak to make sense of the truth-oriented desires. This chapter describes a logically stronger form of deflationism that makes room for the truth-oriented desires without substantive assumptions about the nature of the property of truth.
Against Normativism
Authors: Wrenn Chase B.
Published: December 2023

Normativists have an easy account of why we should value truth. Part of what it means for a proposition to be true is that it is, in some sense, fit for belief. This chapter makes a basic case against such normativism. The case turns on the dual phenomena of “blindspots” and “brightspots”. A blindspot is a possibly true proposition that can’t be the content of a true belief. A brightspot is a possibly false proposition that can’t be the content of a false belief. The chapter distinguishes “conceptual” from “metaphysical” normativism. According to conceptual normativism, part of the meaning of TRUE is that true claims are distinctively fit for belief, or untrue ones are distinctively unfit for belief. It is argued that conceptual normativism incorrectly makes the ideas of a “true blindspot” or a “false brightspot” incoherent. According to metaphysical normativism, part of possessing the property truth is possessing the normative status of fitness for belief. But since blindspots can be true without possessing that status, metaphysical normativism wrongly predicts there can be no true blindspots. Brightspots pose a similar problem.
Final Remarks: A Needed Agenda
Authors: Mendonça Ricardo F. , Filgueiras Fernando , Almeida Virgílio
Published: December 2023

The ‘Final Remarks’ reconstructs the book’s argument and summarizes the main points worked in each chapter. It explains how the book sought to show the relevance of institutional theories to make sense of algorithms, to the same extent in which algorithms call for a renewal of institutional theories. Algorithms are a particular kind of institution, and their specificities invite reflection about central concepts such as agency, rationality, reflexivity, responsibility, and accountability pervading institutional theories. This theoretical disruption indicates a wide field of applications that look at how these institutions solve problems, shape decisions, carry out organizational tasks, allocate resources, affect social relationships, assign meanings to collective action, and define what is prohibited, allowed, or facilitated in the interactions between humans and machines. Algorithmic Institutionalism provides a necessary theoretical framework to make sense of a changing world in uncertain times.
Climate Displacement
Authors: Draper Jamie
Published: December 2023

The impacts of climate change are reshaping patterns of displacement around the world. Extreme weather events destroy homes, environmental degradation undercuts the viability of livelihoods, sea-level rise and coastal erosion force communities to relocate, and risks to food and resource security magnify the sources of political instability. Climate displacement—the displacement of people driven at least in part by the impacts of climate change—is a pressing moral challenge that is incumbent upon us to address. This book develops a political theory of climate displacement. Most existing work on climate displacement has tended to take an idealized ‘climate refugee’ as its object of analysis. But this approach does not take seriously the complexity and heterogeneity of climate displacement. This book instead takes the empirical dynamics of climate displacement as its starting point. It examines the problems raised by the interaction of climate change and displacement in five practical contexts: community relocation, territorial sovereignty, labour migration, refugee movement, and internal displacement. In each context, climate change raises distinct problems and questions, which this book explores on their own terms. At the same time, this book treats climate displacement as a unified phenomenon by examining the overarching questions of responsibility and fairness that it raises. The result is an empirically grounded political theory of climate displacement that both maps the conceptual terrain of climate displacement and charts a course for meeting the moral challenge that climate displacement raises.
The Moral Challenge of Climate Displacement
Authors: Draper Jamie
Published: December 2023

This chapter introduces the topic of climate displacement, charts the state of our knowledge of its empirical dynamics, and lays out the approach taken in the book. The first section begins with a series of testimonies drawn from different cases of climate displacement and then introduces the problem of climate displacement. The second section reconstructs the development of our empirical knowledge of climate displacement and sets out the analytical distinctions that structure my inquiry over the remainder of the book. The third section sets out the problem-based, contextual methodological approach that I take in analysing climate displacement. Finally, the fourth section outlines the argument of the book as it unfolds over the remaining chapters.
Introduction
Authors: Schneiderman David , Van Harten Gus
Published: December 2023

Much investment law scholarship treats investor protections as instituting tolerable and justified limits to state action. This apologetic stance is widespread even in the long absence of compelling evidence that investment treaty disciplines attract new investment, improve governance or the rule of law in host states. This introductory chapter summarizes the contributions to this volume, explaining how investment law operates to constrain states and compensate investors while signalling approaches that challenge the investor-friendly direction of investor–state dispute settlement (ISDS). The contributors explain both conventional law and its limitations in order to help shape a more respectful approach to state policy space. The analysis shows how doctrines taken for granted in orthodox accounts of investment law could have taken, and could still take, a different turn. The authors, in sum, seek a more balanced vision of how international law can protect individuals in general, not just foreign owners of assets.
Expropriation
Authors: Perrone Nicolás M.
Published: December 2023

The chapter discusses the expropriation standard in international investment law, bringing into the analysis aspects that arbitrators have often overlooked or disregarded when resolving direct and indirect expropriation claims. Few topics have attracted the attention of international lawyers as much as expropriation. Decades of debate between academics and diplomats culminated in the signature of thousands of international investment treaties in the 1990s. However, neither treaty text nor investor–state dispute settlement practice has provided a precise formula to distinguish indirect expropriation from legitimate regulation, and arbitrators continue to grapple with calculating prompt, adequate, and effective compensation in actual cases. While revisiting the main issues involved in expropriation cases, such as compensation and indirect expropriation, this chapter argues that clear formulas will remain elusive because disputes about private property, particularly about the relationship between ownership and state authority, relate ultimately to societal values, having multiple and inter-temporal effects.
The Minimum Standard of Treatment
Authors: Adeleke Fola , Van Harten Gus
Published: December 2023

The development of international investment law finds its origins in the protection of foreign investors and their investments based on the principle of a minimum standard of treatment (MST). This chapter considers the origins of the MST, the evolution of the interpretation of this standard, and pivotal moments when a notable shift took place in the development of the standard. The MST is understood to be part of a contingent project of international investment law by which interpretations of the principle have been shaped by subjective decision-making to the detriment of coherence and predictability. The chapter discusses the evolution of the MST by states’ submissions and interpretations, tribunal interpretations, and scholarly analysis. Reviewing MST clauses in the treaties of African states, it is concluded that the adoption of the MST in investment treaties was more a tragic accident than a conscious pivotal moment by those states. Yet this accident has resulted in the override of customary international law norms of respect for sovereign discretion, long part of the MST, for all states including major capital-exporters.
Obvious Falsehoods without Deniability
Authors: Saul Jennifer Mather
Published: December 2023

This chapter takes up an important puzzle: some of the most prominent false utterances in current political discourse are not couched in rhetoric to lend them deniability. Indeed, the undeniable falsehood of some of the utterances made by figures like Donald Trump and Boris Johnson is often remarked on. Nonetheless those making these utterances maintain devoted and apparently trusting followers. How can this be? This chapter explores the use of such bald-faced lies and bullshit as an authoritarian tactic. Once more, carefully distinguishing the perspectives of various audiences will be crucial to fully understanding the phenomenon. This will involve explorations of echo chambers, epistemic bubbles, and the ways that lies are used to exert and demonstrate power.
Environmental Law and Climate Change: A Perspective from Africa
Authors: Kanté Bakary
Published: December 2023

This chapter discusses environmental law and climate change using the perspective of Africa's environment, society, and economy. It acknowledges that the causes of global warming and climate change are anthropogenic, which include the burning of fossil fuels and unsustainable land use practices. Due to its interrelation, climate change and its impacts can undermine sustainable development. The impact often violates the fundamental rights of people and nature alike, while simultaneously hindering development and human well-being. The chapter considers good lawyers, proactive judges, and funds to support litigation as support structures needed to succeed in any climate litigation for the sake of development and well-being.
Forced Displacement, International Law, and the World Bank
Authors: Çiçek Duygu , Casaly Paige , Raghavan Vikram
Published: December 2023

This chapter covers the dynamic interplay between forced displacement, international law, and the World Bank. The chapter examines the evolution of the World Bank’s development approach to forced displacement and its institutional relationship with the United Nations High Commissioner for Refugees. It analyses how the World Bank and other multilateral development institutions deepened their analytical work, stepped up operational engagements, and mobilized financing to help countries address the challenge of forced displacement in the context of international norms and principles on forced displacement, including international refugee law and international law applicable to internal displacement. Finally, the chapter explores how the practice of the World Bank could contribute to the continuing development of international norms regarding forced displacement.
Problematizing the Role of the World Bank in Latin America Mining Reforms
Authors: Sierra-Camargo Ximena
Published: December 2023

This chapter looks at problematizing the role of the World Bank in Latin America's Mining Reforms. The core element of the mining reforms promoted by the World Bank was the modification of the role of the state in the mining sector. Moreover, the World Bank adopted strategies in favour of policies aimed at strengthening foreign investment in the Global South's mining sector. The economic openness environment facilitated the implementation of various privatization programmes in the mining sector. The chapter cites that the policies promoted by key international actors to mobilize global capital deeply affected the configuration of the Global South's mining states.
Responsibilities and Public-Private Partnerships in Infrastructure
Authors: Cantú Rivera Humberto
Published: December 2023

This chapter discusses the responsibilities and public-private partnerships in infrastructure. It highlights infrastructure as a pivotal aspect of the economy and a central role in economic and social development. Infrastructure creates employment and incentivizes public and private investment in projects that contribute to social development. The private sector assumed more public responsibilities by involving itself in financing different types of infrastructural projects. The chapter explains how the evolving field of business and human rights may offer a starting point and insights into how states can use some of their regulatory and contracting powers. It looks at the likelihood of infrastructure development becoming more sustainable.
A Tale of Transplantation
Authors: Lin Siyi
Published: December 2023

This chapter embarks on a journey through time to examine the origins and historical evolution of unjust enrichment in China and aims to find answers from the history explaining the existing complexities of this area of law. It shows that the notion against enrichment without justification has been in Chinese law since the times of ancient China. However, instead of being an indigenous part of the law, the modern concept of unjust enrichment was transplanted into China for the first time when the Qing dynasty drafted the Chinese Civil Code in 1911 by referring to the German Civil Code. Compared to other branches of civil law, the Chinese law of unjust enrichment was out of the spotlight for many years. There were very few rules concerning unjust enrichment before the promulgation of the Chinese Civil Code in 2020 and the specifics of even the very fundamental aspects of the current Chinese law of unjust enrichment are not free from controversy.
What was the Problem with ‘Palm Tree Justice’?
Authors: Sharkey Nolan
Published: December 2023

The appeal of unjust enrichment was purported to be its rational approach in the face of equity’s irrational, subjective, and moral approach. Such an approach was thought to be unacceptable to the modern rational world that saw little place for things such as religion or morals in law and especially law dealing with economic matters. Unjust enrichment purported to resolve the issue by providing a rational objective approach to understanding equitable approaches and fiduciary duty. However, the critique of equity as subjective does not stand up. Equity’s supporters have long argued that underlying concepts such as conscience are objective and not subjective. Using sociological approaches, this chapter provides an objective rationale for equitable principles.
The End of All the Songs
Authors: Stark Robert
Published: December 2023

Chapter 8 reveals that Dowson abandoned poetry after his categorical refusal by Adelaide Foltinowicz just as Verses appeared in 1896. His first book of poems was made for her, as he maintained in the inscrutable un-dedication to the volume, she was its object(ive). When his final gambit failed, as in his more sober moods he calculated it would fail, Dowson grew cynical. He became convinced that he was foredoomed to become a lovelorn poète maudit in the tradition of Keats. His literary career, so-called, receded into the past, and assumed the proportions of accomplished fact. His last lyrics trace this final paralysis, or rigor mortis, and explicitly renounce creative writing. Several wistful codae to his life and loves find Dowson reminiscing not just about Foltinowicz but also, evidently, about ‘Lena’, his ‘first love, | Loved all above’, before he abandons poetry altogether, and accedes to a premature posterity.
Sufi Rituals across Orders
Authors: Ghani Kashshaf
Published: December 2023

Traditional approaches to Sufi rituals see these practices as non-permeable and sealed entities that are attached to a specific Sufi order. Sama is traditionally associated with Chishti Sufis, while zikr is considered an integral spiritual practice for Suhrawardi Sufis. The current chapter seeks to complicate the issue by questioning such neat spiritual boundaries, and at the same time thus looking into spiritual exercises as dynamic practices. Towards this end the Suhrawardi approach to sama is discussed through the writings of the earliest Suhrawardi Sufi masters, many of whom recognized and even participated in sama as an important spiritual practice. Similarly, the Chishti approach to zikr has been analysed through the writings of the Sufi master Gisu Daraz, who left behind a detailed work on various kinds of zikr practices and their efficacy as a spiritual practice.
Agreement of essive adverbials in Tanti Dargwa
Authors: Sumbatova Nina
Published: December 2023

In Tanti Dargwa (Nakh-Daghestanian; Daghestan), ‘essive spatial expressions’ (comprising locative forms of nouns, locative adverbs, and postpositions) are characterized by the presence of a gender–number agreement suffix. While the absolutive argument of the clause is the typical controller of agreement in the language, in transitive clauses containing a copula, both the copula and the essive adverbial appear to be controlled by an ergative argument. An even more complex situation is observed in embedded clauses. These phenomena can be explained by postulating that copulas head their own constituents and govern their own absolutive arguments in a control relation with the ergative of the lower clause. The data provide evidence of the typologically rare phenomenon of backward control, which has previously only been observed in Tsezic languages.
The Liturgical Context of the Vespertini
Authors: Carrillo Raquel Rojo
Published: December 2023

To Understand What determined the different textual and musical physiognomies of a plainchant genre, it is necessary to be familiar with the rite to which it belongs. These physiognomies could have been inspired by the liturgical context of each chant, and/or by other variables such as the characteristics of the manuscripts containing them (type of codex, chronology, provenance, institution, and/or scribal preferences), the possible composition date of each chant, and accidents in their transmission. The updated overview of the Hispanic rite contained in this chapter is based on my study of the ritual settings that require a vespertinus. A solid knowledge of this rite facilitates an accurate identification of generic norms in the vespertini and in any other Hispanic rite genre; it also enables the appreciation of their trajectory across the liturgical year.
Reckoning with Change
Authors: Zayani Mohamed , Khalil Joe F.
Published: December 2023

Understanding the complexities of the digital Middle East requires a longue-durée approach that reveals what the Middle East designates and how its relationship with technology is constructed. This chapter delves into particular histories of the region, probes its technological imaginaries, and chronicles specific encounters with modernity. It provides a historical engagement with the question of change and stasis associated with the digital double bind. In doing so, it underscores the need for a nuanced understanding of the region’s intricate relationship with modernization and technology.
Digital Adaptations and Disruptive Power
Authors: Zayani Mohamed , Khalil Joe F.
Published: December 2023

The proliferation of digital technologies has emboldened cyber activists and facilitated social movements in the Middle East but has also reinforced state power. Faced with digitally enabled activism, states and their allies constantly strive to improve their cyber capabilities to maintain a strong grip on power. Challenged by networked publics, regimes throughout the region have resorted to criminalization laws, online censorship, and digital surveillance. Just as cyber activists have benefited from increased connectivity, digital literacies, and solidarities, states have relied on a global surveillance market to silence contentious voices. Yet wielding digital power in the digital is not a straightforward endeavor as evolving technological challenges and constraints require states to continually adapt.
“The Game of Life”
Authors: Payne Leah
Published: December 2023

Chapter 2 analyzes how the founding of Word Records, the Benson Company, and other evangelical popular-music record labels brought white evangelicals of the 1950s and 1960s musical antidotes to the much-feared genre of rock and roll. Like the songbooks of a generation earlier, recording from those labels promoted patriotism and righteous living alongside end-times theology. They also stoked pro-American democracy sentiment as an antidote to “godless” communism during the Cold War. And, as the largest ever generation of Americans—baby boomers—entered adolescence, Word, Benson, and others created songs aimed at countering rock and rebellion, and promoting social conservatism through the “Music of America’s Young Majority.” Their efforts led to an expanding network of white evangelical media businesses, attracted corporate sponsorships, and even gave evangelical pop singers access to the Oval Office. But, their initial refusal to embrace rock and roll severely limited their appeal among young Americans.
“The Now Generation”
Authors: Payne Leah
Published: December 2023

Chapter 3 shows that, while evangelical opposition to rock remained strong throughout the 1960s, eventually young musicians with stories of radical conversion proved that the much-feared “devil’s music” could create new vistas for end-times prophecy and profit. The apocalyptically minded, evangelistically oriented Jesus movement of the early 1970s used rock, folk, and West Coast countercultural aesthetics to preach the good news. While many conservative evangelicals treated Jesus people with wariness, Rev. Billy Graham and others welcomed them and their music into the white evangelical fold. Along the way, the “hippiezed Christianity” present in Jesus music was used to rebrand evangelical Christianity and political conservatism as the “real” form of counterculture and rebellion. As Jesus music and the Music of America’s Young Majority developed and converged in Christian bookstores, on Christian radio stations, and on music-festival stages, their combined efforts, tensions, and contradictions, came to be known as Contemporary Christian Music.