bluuebunny/crossref_metadata_2025 huggingface dataset:
Definition and Subject Matter of the Sale of Goods Contract
Authors: Bridge M G
Published: August 2024

This chapter begins with the definition of ‘goods’, which is defined by section 61(1) as including ‘all personal chattels other than things in action and money’ and in particular ‘emblements, industrial growing crops, and things attached to or forming part of the land which are agreed to be severed before sale or under the contract of sale’. The discussions then turn to ‘the price’ covering credit cards and other cards, and trading stamps, points, and vouchers; basic statutory distinctions covering contract and conveyance, existing and future goods, specific and unascertained goods, and general and special property; and the contract of sale and related transactions involving goods covering work and materials contracts, barter and trade-in agreements, bailment agreements, gift, agency agreements, and security agreements.
The Passing of Property
Authors: Bridge M G
Published: August 2024

This chapter deals with the law on the passing of property. The passing of property in goods affects contractual rights and duties. It is the fulcrum on which depend issues as diverse as the seller's entitlement to sue for the price and the incidence of risk of loss or casualty to the goods. The passing of property may also have an incidental effect on the remedies of the parties, including specific performance. The passing of property is also of prime significance in defining the position of buyer and seller on the other's insolvency. The discussions cover the rule structure, specific goods, unascertained and future goods, and reserving the right to disposal.
Results and Outlook
Authors: Jensen J Ole
Published: August 2024

This conclusion summarises the book's main findings with regard to the role of tribunal secretaries in international arbitration. The book has shown that the division of labour has been a part of the earliest ancestors of modern international arbitration. It has discussed the contractual implications of the tribunal secretary's appointment, the importance of transparency in all aspects of the secretary's mandate, the secretary's right to receive remuneration, which permissible tasks tribunal secretaries may carry out, and whether parties can challenge and remove arbitrators and tribunal secretaries. It has also considered the pathological case of an irregular use of tribunal secretaries as well as the available remedies, including recourse against the arbitral award. The book ends with a brief overview of future prospects for tribunal secretaries, focusing on two scenarios: they become either obsolete or they evolve into new forms of third-party support.
Markets in Financial Instrument Directive II (MiFID II)/Markets in Financial Instruments Regulation (MiFIR)
Authors: Leslie Nico , Taylor Aaron
Published: August 2024

This chapter examines MiFID II and MiFIR. Like the original MiFID, MiFID II applies to investment firms and market operators. Alongside MiFID II, the European Union passed two further regulations: the European Market Infrastructure Regulation (EMIR) and MiFIR. The purpose of EMIR was to impose closer regulation on over-the-counter derivatives, including a requirement for clearing through a central counterparty and an obligation to report to a trade repository. The purpose of MiFIR was broadly to ensure that all financial trading would be conducted on exchanges, on multilateral trading platforms, or through organised trading facilities. EMIR and MiFIR, being regulations, are directly effective in English law. By contrast, MiFID II, being a directive, required domestic implementing legislation. The chapter then looks at the issues regarding MiFID II arising specifically in the context of Brexit.
The Law of Financial Services Groups
Authors: H R Morris Charles
Published: August 2024

Most legal textbooks and practitioners’ guides focus on the impact of financial services law and regulation as applicable to individual legal entities: the application of such law and regulation on a group basis is often a cursory afterthought, or neglected altogether. This book reverses the balance. It fully and systematically addresses how groups of businesses within the financial services sector are regulated. It starts with the company law and corporate insolvency law foundations and how they are established and formed into groups. It then builds up through prudential regulation and resolution-driven principles, focusing on how regulations apply and operate at a consolidated group and sub-group level, to the structural responses from firms and counter-responses from legislators and regulators. It also considers the tensions that arise from the conflicts between authorities and legal systems on a cross-border basis, and between the formal legal system and the powers and agendas of the regulators. The final section applies the principles explored in previous sections to a wide range of transaction types. The book covers intragroup transactions, and the role that regulation plays requiring and restricting the movement of financial resources around groups. The book is up to date as at April 2019, marking the culmination of over 10 years of intense regulatory change. It addresses UK ring-fencing rules and EU and US intermediate parent undertaking requirements, and considers the impact of Brexit and the EU banking reform/risk reduction package.
The Prudential Supervision of Cross-border Groups
Authors: Morris Charles H R
Published: August 2024

This chapter examines how the principles of prudential supervision are applied on a cross-border basis for international groups with multiple regulators, including after Brexit. To this day, the prudential regulation of financial services groups remains dependent upon, and built around, national or federal regulation, albeit in the context of a greater-or-lesser degree of international cooperation. In order, therefore, to understand how a cross-border group is prudentially regulated, it is necessary to start from an understanding of the impact of the national and federal regulatory regimes, and then to determine the priorities of, and points of conflicts and overlap between, such regimes. EU regulation, as it has developed over recent decades, has aimed to address systematically these issues within cross-EU groups. This has largely been made possible by the harmonization of the substantive prudential regulatory requirements across the EU, which in turn allows for the smoother integration of, and interaction between, different Member States’ regimes. This nonetheless leaves the dynamics arising in groups that straddle the EU and UK, or the EU/UK and other jurisdictions unaddressed.
Intragroup Transactions and other Interactions
Authors: Morris Charles H R
Published: August 2024

This chapter discusses the general company/insolvency law implications of intragroup transactions and the regulatory pressures placed upon them. Intragroup transactions—especially those involving the transfer of cash or assets around a group—merit close attention. In the ordinary course of business, there is the heightened risk that a group’s management may overlook the distinction between different entities and have little regard for the interests and integrity of individual entities, thereby facilitating the internal misappropriation and misallocation of financial resources, weakening the position of individual entities within a group and prejudicing the interests and integrity of individual entities and their creditors and customers. Consequently, intragroup transactions are often closely scrutinized and challenged—whether by regulators, resolution authorities, creditors in an insolvency, investors, or the guardians of their respective interests. Indeed, a body of company law and corporate insolvency law relating to intragroup transactions has developed over the past few centuries, and is generally applicable across all sectors.
Misrepresentation
Authors: O’Sullivan Dominic
Published: August 2024

This chapter looks into misrepresentation as grounds for rescission. It lists the elements needed to be entitled to a rescission of a contract via misrepresentation: relevant representation, known by the other part to the voidable contract, falsified, and relied upon by the representee. The types of misrepresentations range from fraudulent, negligent, and innocent, which revolve around the representor’s state of mind. The chapter highlights how representation should be made by the representor to the representee. It also considers the conditions for representations, such as existing facts and law, contractual terms, expressed and implied. Most commonly, silence does not invoke representation.
Mutual Restitution: Rescission at Law
Authors: O’Sullivan Dominic
Published: August 2024

This chapter focuses on mutual restitution when rescission happens at common law. It highlights how property, money, and services are treated separately. The common law provides exclusively propriety rights to restitution in respect of property transferred and exclusively personal rights in respect of money paid. The rights arise automatically upon the innocent party disaffirming the transaction. Rescission at law cannot revest title in the intangible legal property as the common law does not know mechanisms for revesting. The chapter explains the restitution of benefits conferred by the rescinding party and the subsequent obligation of that party to provide counter-restitution of benefits received.
Proprietary Claims
Authors: O’Sullivan Dominic
Published: August 2024

This chapter examines the availability and nature of proprietary claims correlated to rescission at law and equitable rescission. With regards to propriety claims upon rescission at law, it notes that the benefit of rescission as a remedy is the possibility of asserting propriety claims to money, property transferred, or traceable substitute. On the other hand, propriety claims upon equitable rescission involve the passing of title with pending rescission. The term equity, in this case, refers to a personal right to obtain a propriety interest in the future. The chapter then looks at the ongoing debate on the kind of power that equity to rescind has.
A Guide to the HKIAC Arbitration Rules
Authors: Moser Michael J , Bao Chiann
Published: August 2024

This is the second edition of the detailed commentary on the Hong Kong International Arbitration Centre (HKIAC) Administered Arbitration Rules, providing practitioners with an insider’s perspective on how the HKIAC Secretariat administers arbitrations under these rules. This practical guide makes reference to the Hong Kong Arbitration Ordinance as well as drawing comparisons with other institutional rules and the UNCITRAL Model Rules to emphasize the key issues to consider when drafting an arbitral clause or strategizing over the conduct of an arbitration. As well as offering an insider’s perspective, it provides examples of anonymous cases handled at the HKIAC and a discussion of various issues arising from arbitrations involving mainland parties or enforcing arbitration awards in mainland China. The book not only draws from the authors’ many years of experience administering arbitrations under the 2008 and 2013 HKIAC Administered Arbitration Rules but highlights the various changes made in the revised Rules that came into effect in November 2018 benefitting from the authors’ privileged access.
Evaluating Damages:
Authors: Lianos Ioannis , Davis Peter , Nebbia Paolisa
Published: August 2024

This chapter provides the theoretical foundations underlying both cartel and abuse of dominance damage calculations. It illustrates both the power of the theoretical frameworks provided by economic analysis and the rich variety of practical changes that arise in its real-world application in competition cases. The discussion makes reference to the Commission Staff’s Working Document: ‘Quantifying Harm in Actions for Damages based on Breaches of Article 101 or 102 of The Treaty on the Functioning of the European Union’ (which was published alongside the Directive) and also more generally on the economics of damage calculations.
Investigation of Cases (II): Formal Investigative Measures in General, Requests for Information, and Interviews
Authors: Kellerbauer Manuel , Sauer Ralf , Hödlmayr Corneliu , Blanco Luis Ortiz , Jörgens Konstantin
Published: August 2024

abstracts and keywords to be supplied.
Other Special Procedures
Authors: Sauer Ralf , Blanco Luis Ortiz , Jörgens Konstantin
Published: August 2024

Abstracts and keywords to be supplied.
General Issues: Scope of Control
Authors: Boyd Marcos Araujo , von Lingen Nicolas
Published: August 2024

abstracts and keywords to be supplied.
EU Competition Arbitration
Authors: Blanke Gordon
Published: August 2024

Abstracts and keywords to be supplied.
Application and Relationships
Authors: McParland Michael
Published: August 2024

This chapter discusses the application and relationships of the Rome I Regulation. Topics covered include application of the Regulation to contracts concluded after 17 December 2009; territorial application; direct applicability in Member States; consequential UK legislation; direct applicability to the courts and tribunals of Member States; duration and review; relationship with other provisions of EU law; relationship with the Rome Convention; and relationship with existing international conventions.
Classification and Interpretation
Authors: McParland Michael
Published: August 2024

This chapter discusses classification and interpretation of the Rome I Regulation. Topics covered include classification of obligations; interpretation of the Rome I Regulation; literal or textual interpretation in a multi-lingual union; the role of the 46 Recitals in the preamble to the Regulation in determining the context, scheme, objectives, and purpose of the Rome I Regulation; the general objective of legal certainty; the willingness of the Court of Justice of the European Union (CJEU) to consider publically available preparatory legislative materials (travaux préparatoires) in interpreting the legislative development of both primary and secondary Union law; and the CJEU's case law.
Individual Employment Contracts
Authors: McParland Michael
Published: August 2024

This chapter explains Article 8 of the Rome I Regulation, which creates special rules for individual employment contracts, restricting the effect of any party choice of law to protect the interests of the employee, and, absent party choice, creating special rules for determining the applicable law that are substantially different from the general rules in Article 4.
Overriding Mandatory Provisions & Public Policy
Authors: McParland Michael
Published: August 2024

This chapter explains Article 9 and Article 21 of the Rome Regulation I. Both provisions exist primarily to protect the national interests and policies of Member States. They are a necessary counter-balance to the principal of party autonomy. They effectively represent two sides of the same coin, with overriding mandatory rules often involving expressions of public policy. Article 9 is concerned with the positive application of a country's laws that reflect the public interests of the forum state, or, in the limited circumstances, the interests of a third country that the forum state has decided to ‘give effect to’ under Article 9(3). Article 21 involves a ‘negative’ response by the forum to the consequences of an otherwise applicable law.
The Right to a Fair Trial and Jurisdiction under the EU Rules
Authors: Fawcett James J , Shúilleabháin Máire Ní , Shah Sangeeta
Published: August 2024

This chapter examines the impact of the right to a fair trial on jurisdiction under EU rules. The constitutional justification for the introduction of harmonised rules of jurisdiction is to ensure effective access to justice within the EU. The link between access to justice and more generally the right to a fair trial is most apparent in procedural instruments such as the Small Claims Procedure Regulation and the Service Regulation. Indeed, the right to a fair trial has had an impact on specific provisions when denial of jurisdiction results in no trial anywhere, leading to the introduction of a forum necessitatis rule in a number of EU instruments.
Right to Respect for Private and Family Life and Related Rights
Authors: Fawcett James J , Shúilleabháin Máire Ní , Shah Sangeeta
Published: August 2024

This chapter examines the treatment of parental status arising from adoption and surrogacy arrangements under English private international law rules and considers their compatibility with human rights law. The case law of the ECtHR suggests that there is a qualified obligation to recognise foreign adoptions under Article 8 ECHR. Indeed, both the ECtHR and English courts have found that Article 8 ECHR considerations support the accommodation of foreign parental status. The primary concern of the courts has been to ensure that the child’s right to establish his or her identity is respected. However, other human rights concerns regarding the desirability of international commercial surrogacy have not been addressed to any significant extent.
The Function of Compensation and Damages
Authors: Marboe Irmgard
Published: August 2024

This chapter analyses the function of compensation and damages in international investment disputes. It shows that compensation upon expropriation serves a different function than damages after an unlawful act, be it breach of a treaty, such as a BIT, or a contract. While the former aims at the restitution of the ‘value’ of the expropriated property, the latter aims at providing “reparation” for the damage caused by the unlawful act. It follows that expropriation compensation should be equivalent to the ‘objective’ value of the expropriated asset while an amount of damages may also include subjective valuation approaches.
Interest
Authors: Marboe Irmgard
Published: August 2024

Interest can represent an important portion of the award depending on the time between the origin of the claim and the actual payment of compensation or damages. It can sometimes even exceed the principal. This chapter discusses the three most important issues with regard to the determination of interest: 1) the rate of interest, 2) the period of interest, and 3) the question of whether interest should be compounded. A differentiation between ‘pre-award interest’ and ‘post-award interest’ seems advisable as the former represents an item of compensation or damages, while the latter could be regarded as default charges for the non-payment of a debt. Post-award interest should additionally encourage prompt compliance with the award.
Introduction
Authors: Ioannidou Maria
Published: August 2024

Chapter 1 sets the scene and introduces the debate on private competition law enforcement and the increased attention attributed to the ‘consumer interest’. The central tenet of this book is located at this juncture, as it explores the role of ‘consumer interest’ and consumer participation in EU competition law enforcement. The book focuses on private competition law enforcement and aims to examine the importance of ‘consumer interest’ in EU competition law with a view to reshaping the enforcement mechanisms in the competition law field. It discusses the justifications for more active consumer participation as well as the necessary remedial and procedural tools to facilitate such participation. The introductory chapter discusses the structure and methodology of the book and introduces the reader to the main research questions dealt with in the subsequent chapters.
Normative Justifications for Increased Consumer Involvement
Authors: Ioannidou Maria
Published: August 2024

Chapter 3 first discusses the ‘endemic-functional’ aims of damages actions as these are discerned from the Court’s jurisprudence and Commission’s policy documents on private competition law enforcement. These ‘endemic-functional’ aims comprise deterrence and compensation and are reflected in the structure of the procedural mechanisms for bringing damages actions. It is argued that, even though they both constitute equally valued objectives, in case of conflict deterrence should be ranked first. This is supported by the Court’s case law, while a closer reading of the respective case law, together with the Commission’s early statements, also advocates in favour of ranking deterrence first when formulating procedural measures. Provided that a correct balance is achieved between the ‘endemic-functional’ aims, consumer claims for competition law violations may account for wider institutional benefits, contributing to consumer empowerment and the legitimization of EU competition policy.
Sectoral Regulation
Authors: Collinson Adam , Woodward-Carlton Julia
Published: August 2024

This chapter covers the reforms brought about by the Enterprise and Regulatory Reform Act (ERRA) to the concurrency regime, with a view to strengthening the co-operation between the CMA and the sectoral regulators (Ofcom, Ofgem, Ofwat, ORR, NIAUR, CAA, Monitor, PSR, and FCA). It discusses the fact that the sectoral regulators had, in the eyes of many observers, not used their powers to enforce competition law robustly enough. It outlines the innovations brought about by the ERRA, including conferral on the CMA of the power to decide which regulator should lead an investigation, and granting the Secretary of State the power to remove concurrent competition powers from sectoral regulators, and to make regulations on information exchange between the CMA and the regulators. There is also a discussion of the newly created UK Competition Network. The chapter concludes that the changes may have altered the balance between regulation and competition law enforcement.
Criminal Proceedings
Authors: Nazzini Renato
Published: August 2024

This chapter details the minutiae of criminal proceedings in competition law matters. ‘Criminal’ herein refers to sanctions imposed by a court, following an indictment or charge, on a person, whether natural or legal, and which are viewed within that legal system as ‘criminal’. The chapter places criminalization of competition law in a global context before examining the policy behind criminalization in the United Kingdom. It next describes the cartel offence under Part 6 of the Enterprise Act 2002 and turns to the rules of investigation, prosecution, trial, and appeals, as well as the role of the Competition and Markets Authority (CMA) in these proceedings. The chapter also addresses questions as to how national criminal laws interact with EU competition law and the extradition of cartelists abroad, particularly in the US. Finally, the chapter provides an overview of the criminal enforcement of the competition rules in the United States.
Admissibility and Effect of Decisions in Other Proceedings
Authors: Nazzini Renato
Published: August 2024

This chapter is concerned with the effect of decisions in one set of proceedings on another set of proceedings. The possible interactions are several: the admissibility and effect of administrative decisions in civil proceedings, the admissibility and effect of administrative decisions in criminal proceedings, the admissibility and effect of civil judgments in administrative proceedings, the admissibility and effect of civil judgments in criminal proceedings, the admissibility and effect of criminal convictions in administrative proceedings, and the admissibility and effect of criminal convictions in civil proceedings. In practice, the problem has arisen mainly in relation to the effect of the European Commission decisions in damages actions and other national competition authorities (NCAs) before national courts. The same issue arises as regards decisions by the CMA or other organizations. Many aspects of this complex issue are now codified and the relevant EU and national provisions have given rise to complex case law.
EU Environmental Transport Policy and Legal Instruments
Authors: De Vos Koen
Published: August 2024

Transport is the lifeblood of the economy and connects European citizens. This connectivity, however, comes at a cost. Accidents, traffic jams, polluting emissions, and noise are the external costs of transport. This chapter focuses on the environmental dimension of transport and on how standard setting and market-based measures mitigate the external transport costs without distorting markets. The chapter describes the initiatives taken to address the adverse effects of transport for the environment. It deals with developments in the main transport modes: reducing emissions on roads, reducing railway noise, efforts to enhance the sustainability of aviation, reducing pollution by maritime transport, and the introduction of the emissions-trading scheme in the transport sector
Road Transport (I)
Authors: Godin Alejandro Martínez
Published: August 2024

The chapter on market access in the road transport sector describes the regulatory regime for road transport operators. This activity is subject to the possession of three documents: the authorization to pursue the occupation of road transport operator delivered by the competent authorities of the Member State of establishment following Regulation (EC) n° 1071/2009; second, the Community licence delivered under Regulation (EC) n° 1072/2009 for freight transport and under Regulation (EC) n° 1073/2009 for passenger transport; and third the driver attestation in case the driver of the road transport vehicle is a national of a third country. This chapter also addresses the different regimes applicable to cabotage and international transport.
Railway Transport (II) Competition
Authors: English Mark J
Published: August 2024

Without liberalization, there is little or no competition to distort or protect. The relatively slow pace of liberalization in the rail sector in the European Union has affected all areas of competition law enforcement in the sector. Further, rail liberalization has happened at different paces in different Member States, which has led to different scopes for application of the competition rules in different Member States. The United Kingdom is the obvious exception to this rule. While legal and economic barriers have no doubt played their role, it should not be ignored that much of the rail sector may not be viable without significant public support. This may also discourage prospective entrants. Chapter 10 sets out the regulatory framework for the application of competition rules to the road sector, and describes the practice in respect of restrictive agreements, abuse of dominant position, mergers, and State aid.
Competition (I)
Authors: Blanco Luis Ortiz , Rodríguez Elvira Aliende , Vandenbussche Julie
Published: August 2024

Maritime transport has been and still is a key pillar for economic growth: not only because it is a fundamental sector itself, but also because of the major affect it has on all other sectors of the economy. Its crucial importance has been why maritime transport has been the focus of EU competition rules since 1986. Chapters 13 offers an overview of the approach adopted from the different perspectives of European competition law over the years and the evolution of maritime transport regulation alongside the general European competition law developments. The chapter describes different segments of the shipping industry. It sets out in detail the elaborate practice in respect of restrictive agreements and abuses of dominant position, as well as the specific regulatory framework for liner shipping consortia.
Liberalization and Regulation
Authors: Zamarreño Carlos Mestre
Published: August 2024

Under Article 100 of the Treaty on the Functioning of the European Union (TFEU), and its predecessor Article 80 of the Treaty establishing the European Community, sea and air transport are ‘de jure’ excluded from the provisions of the chapter on Transport of the EU Treaties. This chapter provides an overview of the development of an EU regulatory framework for the aviation sector since the late 1980s, dealing with market access and pricing. The rules were recast in 2008 in an air services regulation, which is analysed in detail, addressing licensing of EU air carriers, provision of intra-EU air services, insurance requirements, operational flexibility (code-sharing and leasing), public service obligations, traffic distribution, environmental and emergency measures, and pricing. The chapter also describes the specific regulation governing computerized reservation services, and sets out the principles of the framework dealing with international aviation relations, safety, and security.
Airports (I)
Authors: Ionescu Raluca , de Bournonville Dimitri , Thijssen Charlotte , Brain Simon
Published: August 2024

Chapter 18 addresses the specific EU regulation of airport operations. Airport slots are a key asset of airlines, especially at congested airports, and the slots regulation provides the framework for grandfather rights while allowing for some mobility for new entrants or because of trading. Moreover, increasing concerns about security require a thorough analysis of the flow of people and goods, and appropriate safeguards must be put in place. Noise and gaseous emissions call for measures to protect the environment. And, obviously, costs need to be contained to ensure that air travel remains affordable. The directive on airport charges lists the principles that should govern the calculation of these fees and discusses remaining open issues. The directive on ground handling explains how services provided to airlines at busy airports are partially opened to competition, while allowing safeguards to ensure safety of operations and protection of workers’ rights.
Exploring the Relationship between Bhakti, Bhakta, and Yoga in the Prabodhcandroday Nāṭak by Brajvāsīdās
Authors: Pastore Rosina
Published: August 2024

This chapter attempts to uncover the relationship between bhakti, bhaktas and yoga in the Prabodhcandroday nāṭak by Brajvāsīdās. The author, apparently a Vallabhite, retold the allegorical drama in Brajbhāṣā by blending its own peculiar form of Vedānta with bhakti in the 18th century. I analyse the portrayal of nine characters in the text: eight are personifications of the limbs of Patañjali’s yoga; the ninth is Viṣṇubhakti, embodying devotion to Viṣṇu. My investigation reveals that their portrayals are influenced by Patañjala yoga, by central texts of the Vaishnava traditions, such as the Bhāgavata Purāṇa, as well as by hatha yoga. In addition, bhakti values, such as the company of fellow bhaktas, remain central. I suggest that Brajvāsīdās develops such figures to make space for a non-mainstream bhakta yogi, whom he calls vivekī (discerning person), enriching our understanding of the intersections and interactions of bhakti and yoga in early modern times.
2010, Act I
Authors: Young Michael P.
Published: August 2024

Chapter 4 provides a close study of the inner workings of United We Dream during the first half of 2010. The chapter centers on a fine-grained analysis of the first acts of civil disobedience organized by undocumented youth. It explores why and how radical DREAMers planned sit-ins at the offices of Senators John McCain and Chuck Schumer. It describes how these protests reflected and exacerbated an emerging split within the national DREAMer organization. It also reveals the real target behind these acts of civil disobedience: the leaders of the nonprofit organizations supporting comprehensive immigration reform.
Introduction
Authors: Pilcher Jeffrey M.
Published: August 2024

Beer became a standardized, industrial commodity in the nineteenth century. Until then, diversity persisted among local European brewing traditions as well as global fermented beverages. Pilsner, a clear, crisp, lager beer from Bohemia, exemplified the ideals of commodified beer. Technologies of production and marketing contributed to the standardization of brewing styles. Even the seemingly primordial Belgian lambic was a product of industrialization. The consolidation of brewing also led to the displacement of women, who had traditionally been the brewers in preindustrial societies. The standardization of beers and the concentration of markets at the national and global level led to new forms of marketing based largely on advertising campaigns rather than taste. Craft brewing was imagined as a reaction against the standardization of industrial beers, but it became a form of commodification. Although Pilsner may seem to represent a form of cultural imperialism, it was itself a product of globalization.
Imperial Hops
Authors: Pilcher Jeffrey M.
Published: August 2024

Lager beer spread around the world during the age of empire as a result of trade, colonization, and flavor. European travelers carried beer to preserve their culture, and merchants sold it to local elites desiring a taste of European modernity. The pure taste of lager was contrasted with strong-flavored indigenous beverages, heightening the association of European culture with civilization. This lightness also contributed to the triumph of Central European lager over heavier English porters and pale ales, even among British overseas agents. Guinness stout nevertheless achieved a niche market among Europeans and natives through its medical associations. The establishment of lager breweries by settler colonists and indigenous entrepreneurs limited exports by European firms. Japan built its own empire of lager, acquiring European brewing technology and selling beer in Asian colonies. In southern Africa, imperial authorities sought to outlaw native brewing and use municipal brewing monopolies to fund segregated township governments.
Peak Hops
Authors: Pilcher Jeffrey M.
Published: August 2024

The craft beer movement has often been narrated as a revolution against the blandness of corporate beer, but craft beer was itself a commodity. Moreover, the supposed American origins of craft beer belie the globalized nature of the product. The American homebrewers who founded early craft breweries followed English and Belgian styles and relied on homebrew kits pioneered for English markets. Craft narratives depicted mad scientists brewing with junkyard surplus, but breweries utilized surplus capacity from regional brewers. The lifestyle journalist Michael Jackson created an imagined community by narrating the complex flavors possible in beers using the language of wine connoisseurship. Thus, supply chains, professional organizations, technical infrastructure, and knowledge networks were thoroughly globalized. The flavor profile of craft beer evolved from sweet Belgian and British ales to bitter India Pale Ales to sour Belgian ales. Despite the possibilities for inclusivity, the craft movement remained masculine and white.
What Is Choice?
Authors: Baumeister Roy F.
Published: August 2024

The word “choice” has two quite different meanings, and the difference is important to free will theory. One meaning is the availability of alternative options in the situation; the other is the inner process of making a decision among different options. Recent experimental findings suggest people are much better than even our closest animal relatives at comprehending that a situation contains multiple possible outcomes. In that sense, the human mind is freer than the animal mind. To humans, the future in particular is understood as a “matrix of maybe,” that is, an organized set of alternative options that may or may not come true, and each of which typically leads to further sets of alternative possibilities. Crucially, human free will does not so much create multiple alternative possibilities as capitalize on them. The physical environment contains some alternative possibilities but a complex society with culture has far, far more.
From Climate Change to Colonialism
Authors: Matthes Erich Hatala
Published: August 2024

This chapter argues that the question from what should we save things is best answered not by a list of particular kinds of changes, but by changes on terms that we cannot accept. The chapter explores a range of different sources of change and explains how the terms on which those changes are experienced shapes the meaning of the change and points toward how it ought to be managed. It discusses how narrative, related to both the source of change and our response to it, influences the valence of change, and explores how our cares and attachments can both constrain and shape our agency. Particular attention is paid to change created by colonialism and armed conflict.
What Mental Health Really Means
Authors: Stea Jonathan N.
Published: August 2024

This chapter shows evidence-based mental health care solutions to readers. It describes the concepts and science behind various ways to improve mental health with self-management strategies (e.g., exercise, nutrition, sleep hygiene, cultivating social connection). It also gives readers a tour through the treatment of mental health concerns with various psychotherapy modalities, such as cognitive-behavioral therapy (CBT), dialectical behavior therapy (DBT), and psychodynamic therapy, among others, as well as psychiatric medications. Readers learn about how scientists determine the effectiveness of treatments, as well as the limitations of their knowledge and scientific methods. The helpful ingredients common to all talk therapies (e.g., having a strong relationship with a therapist) are also illustrated. The undertone of the chapter illuminates how the mental health professions—such as clinical psychology and psychiatry—are distinguished from alternative medicine and armchair psychologists like Andrew Tate by virtue of their allegiance to the spirit of science.
Asking “why me?” and second-guessing God
Authors: Klitzman Robert L.
Published: August 2024

Patients commonly struggle to fit serious disease into their prior life story. They yearn for coherence and meaning and, like the Biblical Job, often ask, “Why me?” This statement can reflect anger and depression, and can also represent several different questions: (1) Why am I singled out? (why me vs. someone else); (2) What did I do to cause this, and what if I had acted differently? (3) Is this punishment? and (4) Does this fate reflect some kind of order, rather than mere randomness? Many patients wonder if they somehow deserve bad outcomes, and sometimes feel that they do, related to guilt, anger, and fear, even if recognizing, intellectually, that such emotions are unhelpful. Physical explanations of illness (e.g., genetics) often don’t feel fully satisfying. Psychotherapy can potentially ease but not necessarily eliminate these ponderings, and not everyone can afford it. Countless patients and families struggle in ways with which chaplains can assist.
“Doctor, do you believe in God?”
Authors: Klitzman Robert L.
Published: August 2024

Medicine and religion both help combat the terror of death, but the two have had a long, complex marriage. Medicine today focuses on scientific facts. Religion and spirituality are subjective but nonetheless influence doctors and patients, both directly and indirectly—including in how they make medical decisions. This chapter examines how patients often want to discuss religion and spirituality with their physicians, but most doctors rarely, if ever, broach these realms. Almost always, patients are the ones who initiate these conversations, and physicians frequently change the topic, partly due to inadequate training, especially, regarding beliefs much different from their own. Doctors also face increasing pressures and have less time for such conversations. This reticence, however, can significantly impede communication and relationships with patients. Though avoided by physicians, these topics commonly preoccupy and vex patients and families. Doctors should be prepared to acknowledge and respond to such patient concerns, but often do not do so.
Assimilation
Authors: Bassiouni Mahmoud
Published: August 2024

This chapter examines the argument of assimilation, according to which Islamic legal sources do not pose a barrier to the acceptance of human rights. It distinguishes five methodological approaches (textual, evolutionary, intentional, hermeneutical, and pragmatic) and illustrates the ways in which they deal with the issues of apostasy, gender rights, and penal sanctions. By examining these different approaches, the chapter aims to provide a comprehensive analysis of how proponents of assimilation reconcile the Islamic tradition with contemporary human rights standards. It highlights the shortcomings and advantages of each method and offers a nuanced perspective on their effectiveness in addressing existing tensions.
Summary and Outlook
Authors: Bassiouni Mahmoud
Published: August 2024

This chapter offers a summary and perspective of the Islamic human rights discourse and identifies two of its most fundamental flaws. The first is its failure to come up with an autonomous and theoretically coherent conception of human rights. It argues that most Muslim understandings of human rights do not primarily emerge from an analytic engagement with their own tradition, but rather evolve out of colonial and postcolonial narratives of justification. The second flaw concerns its inability to justify human rights on a universally acceptable basis: if human rights are to be respected only because faith makes it an obligation, then those persons who have a different belief or none at all will have no compulsory reason to respect human rights. Current Islamic justifications are therefore incapable of obligating all human beings to respect human rights equally.
A Critical Review
Authors: Bassiouni Mahmoud
Published: August 2024

This chapter follows the reconstruction of the classical maqāṣid theory with a critical review. It revolves around the question of whether the basic necessities that have been identified by classical Islamic jurists meet the postulated requirements of necessity, universality, and empirical observability. By analyzing the various justifications, the chapter concludes that the classical theory of Islamic legal purposes requires a revision for both theological and philosophical reasons in order to live up to its own requirements. Additionally, the chapter delves into the internal coherence of the theory and scrutinizes the logical consistency and applicability of the identified necessities within the classical framework.
Human Rights as Institutions for the Protection of Human Needs
Authors: Bassiouni Mahmoud
Published: August 2024

This chapter conceptualizes human rights as institutions for the protection of human needs. It takes up the central ideas and methodologies of the theory of Islamic legal purposes and applies them to the theory of human rights in order to (a) explicate the moral relevance of human rights, (b) indicate how the content of human rights can be determined, and (c) analyze the relationship of and interdependence between different categories of human rights. By critically engaging the ideas of James Nickel, Thomas Pogge, and Henry Shue, it defends and develops a three-tier conception of human rights analogous to the three-tier conception of Islamic legal goods that was presented in Part III.
Overfitting and Degrees of Freedom
Authors: Williamson Timothy
Published: August 2024

Overfitting is a well-recognized pathology in the natural and social sciences, whereby profligacy with degrees of freedom in models allows for a close fit to current data but poor predictions about future data. Standardly, this pathology is avoided by parsimony with degrees of freedom: in effect, keeping models simple even at the cost of a rougher fit to data, since the data may turn out to be erroneous. The chapter argues that overfitting is rife in contemporary philosophy, because many philosophers make no attempt to limit degrees of freedom and do not prioritize simplicity. It discusses overfitting in four areas: philosophical analysis; formal semantics; non-classical logics; philosophical model-building. The problem is urgent because much of the data to which philosophical theories are in effect fitted, such as verdicts on hypothetical cases, is the output of heuristics and so is likely to include errors.
After the First Flood
Authors: Conca Ken
Published: August 2024

This chapter describes the response of county government to the fatal flash-flood disaster that hit Ellicott City, a historic mill town in central Maryland, in July 2016. The flood prompted county government to launch a process to develop a “watershed resilience master plan,” combining flood resilience, historic preservation, and economic reinvigoration. The chapter traces the process of plan development up to a subsequent flood episode in May 2018, with particular attention to the efforts to deploy expert knowledge and the strategy of public engagement. It identifies latent tensions around these themes that would develop into open conflict after the second flood.
New Lives for Old Towns
Authors: Conca Ken
Published: August 2024

This chapter builds on lessons from the flooding in Ellicott City, a historic mill town in central Maryland that recently suffered two fatal flash flood disasters within 22 months. It suggests steps other small towns and communities can take to prepare for the challenging dialogue around flood resilience. Eight themes are stressed: (1) embrace your socioecological history; (2) build capacity for conflict resolution; (3) learn collaboratively; (4) keep outside-the-box solutions alive; (5) talk practically and accessibly about climate change; (6) rethink participation; (7) see beyond the boundaries of “public” and “private”; and (8) become an activist. For each lesson, examples from the work of organizations and communities are cited.
Multiple testing
Authors: Neuhäuser Markus , Ruxton Graeme D.
Published: August 2024

Multiplicity of statistical inference often arises in applications. This chapter presents and discusses methods for dealing with multiple testing. Alternatives to the simple but conservative Bonferroni correction are especially useful when dealing with small data sets when very small p-values are hard to obtain. The alternative methods introduced in this chapter include the Bonferroni-Holm method, hierarchical hypothesis testing, gatekeeping procedures, and closed testing procedures. Furthermore, a composite endpoint is discussed as an alternative to a multiple testing procedure. The family-wise error rate and the false discovery rate are considered. Simultaneous confidence intervals are also presented. R code is given.
Introduction
Authors: Tse Peter Ulric
Published: August 2024

This introductory chapter provides an overview of the interrelation between indeterministic naturalism and libertarian free will. It explains that a coherent libertarian account of free will requires giving an account of causation that is consistent with natural successions of patterns of energy in space-time. Cybernetic or error-correcting negative-feedback loops relative to an internal reference signal are a key aspect of causation generally absent from non-living natural systems and from discussions of free will. The chapter elaborates on the link between cybernetic causation and criterial causation.
Learning to Praise
Authors: Gianferrari Filippo
Published: August 2024

Chapter 2 argues that Dante conceived his first experimental work, the Vita nova, as a “vernacular reader” tailored to the growing Florentine lay readership. To engineer this unprecedented literary artifact in the vernacular, the poet drew on the sources of his own education: the Latin readers that were parsed and memorized in thirteenth- and fourteenth-century Florentine schools. In particular, as the chapter shows, the Vita nova closely reworks two school texts found in these anthologies, Henry of Settimello’s Elegia and Prosper of Aquitaine’s Liber epigrammatum. Henry’s poem represented a significant precedent for Dante’s experiment in the Vita nova because of its didactic model of elegiac poetry engaged in the reception of Boethius’s Consolatio. Prosper’s Liber, instead, featured a prosimetrum that treated core Christian teachings that aare also central to the Vita nova. Dante’s first significant literary achievement, therefore, was already informed by a pervasive didacticism.