bluuebunny/crossref_metadata_2025 huggingface dataset:
Rethinking ‘residual’ Verb Second
Authors: Sailor Craig
Published: June 2020

The term “residual Verb Second ” is a misnomer for English, because V2 is, in fact, still productive in the language. Evidence for this comes from a previously undescribed negative inversion phenomenon innovated very recently in varieties of English. An analysis is proposed for how such a restrictive V2 system could, nevertheless, be productive, appealing to learner-driven models of language change in which novel structures can arise as artefacts of the acquisition procedure. Specifically, it is argued that innovative V2 arises when acquirers postulate a novel clause type characterized by a left-edge operator, which they analyse as a V2 environment by analogy with other non-declarative clause types involving such structures (e.g. interrogatives). This finds support from other cases of innovative V2 in English, Scots, and Afrikaans. Overall, we are left with a clearer picture of the status of V2 in English, and what it takes to innovate new V2 environments cross-linguistically.
Verb Third in spoken German
Authors: Wiese Heike , Öncü Mehmet Tahir , Müller Hans G. , Wittenberg Eva
Published: June 2020

Recent findings from spoken language use outside formal standard German provide evidence for linearizations that violate the V2 constraint, suggesting that there might be extensions of V2 in German to a more liberal forefield that can also accommodate V3. Evidence for this was first reported from Kiezdeutsch, an urban dialect from informal peer-group settings in multilingual contexts, and has subsequently also been found in more monolingual settings of German. Findings point to a specific pattern that allows both frame setters and topics to appear together in the left periphery. This chapter contains results from a cross-linguistic study that further explored such an information-structural motive. The investigation was inspired by a seminal study by Goldin-Meadow et al. (2008) that revealed language-independent preferences for the serialization of thematic roles, a ‘natural order of events’. The study investigates a possible ‘natural order of information’ in three typologically different languages, namely German, English, and Turkish: were speakers more likely to place verbs in a position after frame setter plus topic (supporting V3) if language-specific grammatical restrictions were removed? Results indicate an information-structural motivation of V3 that holds across speakers of different linguistic backgrounds (German, English, Turkish), even in violation of language-specific word order options.
The New Free Movement Architecture
Authors: Zglinski Jan
Published: June 2020

This chapter provides a conceptual analysis of judicial deference in free movement law. It argues that the reason for the growing relevance of deference in free movement cases is rooted in a shift in focus away from the scope of rights towards justification and proportionality. The European Court of Justice has created two deference doctrines: the margin of appreciation and decentralized judicial review. While the margin of appreciation doctrine is employed to pass certain regulatory decisions over to national legislatures and executives, decentralized judicial review is used to delegate responsibilities connected with free movement review to national courts. Both deference techniques represent a departure from the Cassis de Dijon approach, which has, for a long time, defined large parts of free movement adjudication, and have significant institutional consequences.
Proportionality and Its Discontents
Authors: Zglinski Jan
Published: June 2020

This chapter focuses on one element of judicial review which is particularly affected by deference: proportionality analysis. It argues that the connection between proportionality and deference is not accidental. Constitutional scholarship has overly focused on the benefits of proportionality analysis for judges. Yet, the test equally creates a series of duties which can become a burden, a burden which courts will try to reduce by resorting to deference techniques. The chapter offers a historical, theoretical, comparative and empirical argument in support of this thesis. It traces the development of proportionality in EU law and compares it with the American ‘standards of review’ model. An empirical analysis of free movement case law reveals that the more frequently the European Court of Justice applies proportionality, the more frequently it opts for deferential forms of scrutiny.
The Diverse Objects of Public Law
Authors: Walker Neil
Published: June 2020

This chapter investigates the significance of legal theory for understanding the role of law in the European Union. It does so by comparing and evaluating which theoretical approach, or approaches, generates the best conception of the role of law in articulating a vision of the world’s first supranational polity. The key candidate conceptions are supplied by positivism, idealism, culturalism, and pragmatism. For the positivist, the focus is on ‘the authorised law’; for the idealist, ‘the good law’; for the culturalist, ‘the appropriate law’; and for the pragmatist, ‘the law that works’. Whereas EU law lacks the direct democratic resources, the plausible claim to universalism, and the sense of common cultural identity to support robust versions of positivism, idealism, and culturalism respectively, its investment in the security and versatility of law in providing positive-sum policy outputs has supported instead a primarily pragmatic vison of law’s legitimacy. The chapter concludes by examining the fragility of excessive dependence on the pragmatic model of law in a political environment where the various crises of the European Union increasingly undermine even modest levels of secondary reliance on positivist, idealist, and culturalist justifications.
Law and the Point of the State
Authors: Barber NW
Published: June 2020

Do states have a defining point and, if so, does the identification of this point have any implications for public law? This chapter argues that the state’s purpose is the advancement of the well-being of its members. This claim can be understood in three, complementary, senses. First, the state’s purpose may be found in the reasons for its flourishing and persistence. Second, the state’s purpose is found in its capacities and the reasons we have for creating an institution with these capacities. Third, the state’s purpose may be instantiated in a rule of that institution: state constitutions necessarily include a rule identifying the pursuit of its members’ well-being as their goal. Public law, as part of the law of the state, should be oriented towards enabling the state to achieve this end. In particular, there is a tight connection to be drawn between public law and citizenship.
How Judges Make Law
Authors: Endicott Timothy
Published: June 2020

Unlike statute law, case law is not ordinarily made through actions designed to make law. The central purpose of a court is resolution; the court achieves it by giving judgment in a particular case. For judges to make law well, it is enough if they do well at their primary task of giving a ruling in the case. They make law incidentally because of the effect the law gives to their rulings. That feature of case law, along with its open-endedness and revisability, seems to support the view that it is not law at all, or that if it is law, law must be something that springs from the imagination of the judge. This chapter explains why these aspects of judicial law-making accord with the view that case law, like statute law, is a set of rules made valid by their sources in past decisions.
The Province of Delegated Legislation
Authors: King Jeff
Published: June 2020

Delegated legislation is produced by the executive branch of government, usually under powers conferred by legislatures. Such powers have provoked controversy in most contemporary democracies. There is a widely perceived need to bolster the democratic legitimacy of law produced in this way, either through greater legislative oversight or enhanced participation, or both. This chapter explores how the organically evolved UK constitution has struggled to meet this challenge since the outset of the twentieth century. It examines how the powers to adopt delegated legislation arose, the constitutional tensions it produced, and how that prehistory relates to the dramatic resort to such powers in recent legislation adopted to facilitate the UK’s departure from the European Union. More specifically, it surveys the experience of making and laying delegated legislation before Parliament, and the track record of parliamentary scrutiny, before considering how that background may play an important role in how Brexit-related delegated legislation may fare in legal challenges in the coming years.
Law, Democracy, and the Absent Legislator
Authors: Sales Philip
Published: June 2020

This chapter comments on the chapters by Eleanor Sharpston and Jeff King, arguing that in different ways they illustrate responses to an underlying problem, when the legislator is not available and on hand to resolve uncertainties or to provide new normative content to address issues which arise. The more absent the legislator, the more courts may feel they have to be active in generating normative content themselves. This is a perspective which helps explain the activity of the Court of Justice of the European Union. The more absent the legislator, the more a legal system has to provide for forms of delegated legislation. This perspective may be relevant in assessing legislative responses to Brexit.
The Open Road?
Authors: Fisher Elizabeth
Published: June 2020

Administrative law has struggled to be what it axiomatically should be—the law of public administration. In this chapter I examine two ‘administrative moments’ in the history of Anglo-American administrative law—the Committee on Ministers’ Powers Report published in 1932 in the United Kingdom and the Attorney General Committee’s Report on Administrative Procedure 1941 in the United States—to show why this is the case. While both were partly instigated by an appreciation of the need to forge a body of law grounded on an understanding of public administration, neither resulted in that. My argument is that this was because they never surmounted three structural challenges inherent in developing administrative law: engaging with diverse administrative material and institutions; fostering administrative law expertise; and not being tempted into understanding the legal reasoning inherent in administrative law as a battle between competing ideologies.
The Administrative State and the Fundamentals of Public Law
Authors: Davies ACL
Published: June 2020

This chapter uses recent developments in the UK National Health Service (NHS) as a case study to illustrate the importance of the courts’ role in upholding the principle of legality. The Health and Social Care Act 2012 was a controversial piece of legislation which sought to ensure that the day-to-day running of the NHS would be underpinned by a competitive market. Since the Act was passed, this policy has fallen out of favour, and ministers have pursued a new policy of ‘integrated care’, in which different NHS organisations are encouraged to work together rather than to compete. In the Hutchinson and Shepherd cases, the courts have held that it is intra vires the 2012 Act to pursue integrated care, even though it is arguably the exact opposite of a competitive market. This chapter offers a critical analysis of these cases and emphasises the importance of the administrative law principle of legality in upholding democratic government.
Process and Procedure in a Disordered State
Authors: Freedland Mark
Published: June 2020

The chapter considers the process and procedure of the administrative state at the constitutional level as well as at the administrative one. It thus moves from the plane of administrative law to that of public law. First, it argues that, with regard to the role of controls based on process and procedure, we can discern a movement from the judicial review-centred vision of administrative law to a more multisourced and polycentric conception of public law itself. Second, it advances the suggestion that the discussion of the processes and procedures of the administrative state moves into a different dimension in times of major political crisis such as the one currently being experienced in the United Kingdom. In that dimension, it is contended that the Brexit crisis has posed threats to the rule of law in the United Kingdom, and to the sustainability of the governance of the United Kingdom, of such magnitude as to necessitate a recognition that the state has become fundamentally disordered. Radical responses to this abnormality are required in respect of the processes and procedures which public law imposes upon the three branches of government. The chapter concludes by considering the role of public law scholars in devising and putting forward such responses. It is suggested that Professor Paul Craig has been playing and will continue to play a crucial part in the acceptance and discharge of this grave responsibility.
The Al Mahdi CaseFrom Punishing Perpetrators to Repairing Cultural Heritage Harm
Authors: Wierczyńska Karolina , Jakubowski Andrzej
Published: June 2020

This chapter examines the ongoing process of consolidating international criminal law regimes for counteracting cultural heritage crimes, with particular focus on reparations for cultural harm. It begins with a wider panorama of international criminal law and jurisprudence in relation to cultural heritage crimes. This background outlines the limited provisions of the Rome Statute and offers some critical observations in relation to the evolving system of individual criminal responsibility for cultural heritage crimes. Second, it scrutinizes the approach taken by the International Criminal Court (ICC) in convicting Al Mahdi for the crime of intentionally directing attacks against buildings dedicated to religion and/or historical monuments. Third, this chapter considers the issue of remedies and reparations for cultural harm suffered in light of the relevant provisions of the Rome State and the practice of international human rights bodies. Next, it analyzes the approach taken by the ICC in Al Mahdi regarding the methodology of determining reparations for the international destruction of cultural heritage. This chapter also analyzes the possible reconsideration of the crime of deliberate attacks against protected cultural sites going beyond the notion and scope of war crime.
The Right to Erasure in EU Data Protection Law
Authors: Ausloos Jef
Published: June 2020

This book critically investigates the role of data subject rights in countering information and power asymmetries online. It aims at dissecting ‘data subject empowerment’ in the information society through the lens of the right to erasure (‘right to be forgotten’) in Article 17 of the General Data Protection Regulation (GDPR). In doing so, it provides an extensive analysis of the interaction between the GDPR and the fundamental right to data protection in Article 8 of the Charter of Fundamental Rights of the EU (Charter), how data subject rights affect fair balancing of fundamental rights, and what the practical challenges are to effective data subject rights. The book starts with exploring the data-driven asymmetries that characterize individuals’ relationship with tech giants. These commercial entities increasingly anticipate and govern how people interact with each other and the world around them, affecting core values such as individual autonomy, dignity, and freedom. The book explores how data protection law, and data subject rights in particular, enable resisting, breaking down or at the very least critically engaging with these asymmetric relationships. It concludes that despite substantial legal and practical hurdles, the GDPR’s right to erasure does play a meaningful role in furthering the fundamental right to data protection (Art 8 Charter) in the face of power asymmetries online.
Introduction
Authors: Ausloos Jef
Published: June 2020

Chapter 1 sets the scene for this book. It does so by charting some of the main technological and economic trends underlying today's information-driven power asymmetries and individuals' loss of control over (personal) data. This is made concrete in four real-word vignettes (on Uber, Facebook, Google and Apple), each highlighting different problematic facets and featuring throughout the rest of the book. The Chapter ends with providing a roadmap for the book as a whole, explaining the central themes and questions and how they relate to one another.
Foundations of Data Protection Law
Authors: Ausloos Jef
Published: June 2020

Chapter 2 lays the groundwork for the rest of the book, clearly delineating the fundamental right to data protection, its relation to the GDPR, and the right to erasure in it. The historical overview demonstrates that the emergence of data protection is inherently tied to technological developments and how these may amplify power asymmetries. It is also made clear that informational self-determination or control over personal data lies at the heart of the fundamental right to data protection as proclaimed in Article 8 Charter. This is a clear difference with the GDPR that has a much wider prerogative, ie protecting all fundamental rights and freedoms whenever personal data is being processed. Put differently, whereas Article 8 Charter safeguards a minimum level of control over one’s personal data, the GDPR installs a fair balancing framework that safeguards any and all fundamental rights and freedoms as they are affected by the processing of personal data. The substantive provisions of the GDPR can be divided into four categories along the lines of ex ante v ex post and protective v empowerment measures (see data protection matrix). This chapter ends with positioning the right to erasure within the GDPR’s arsenal of ex post empowerment measures, describing its legislative history as well as its main benefits and drawbacks.
Scope of the Right to Erasure
Authors: Ausloos Jef
Published: June 2020

Having laid the foundation of data protection empowerment in Chapter 2, this chapter zooms in on the GDPR’s scope of application in particular. It examines the territorial, material, and personal scope respectively, with a focus on the latter two because of their particular relevance in light of the book’s overall focus. What becomes very clear is how malleable and dynamic the nature of (personal) data is, something which will prove to be important with regard to making the right to erasure work in practice. This chapter also fleshes out the concept of controller, particularly in the context of information society services (ISS) with many different actors involved in processing the same personal data. It appears that from data subjects’ perspective, ISS providers will practically always be approachable with a right to erasure/object, even if not ultimately responsible or liable. Chapter 3 ends with describing four key derogations and exemptions in the GDPR, which may effectively lead to the inapplicability of the right to erasure. What appears from this chapter overall, is the importance of a granular and functional approach when determining the GDPR’s scope of application. This is all the more important in light of the growing complexity of the ecosystem, with many moving elements.
Conditions of the Right to Erasure
Authors: Ausloos Jef
Published: June 2020

This chapter zooms in on Article 17 GDPR, on the right to erasure (‘right to be forgotten’). It meticulously dissects the three paragraphs of this provision. The first paragraph lists six rights-to-erasure triggers which can be summarized as: (a) purpose expiration; (b) withdrawal of consent; (c) right to object; (d) unlawful processing; (e) legal obligation; and (f) withdrawal of consent by minors in the online environment. The second paragraph comprises an odd extension of the right to erasure, enabling data subjects to request that controllers who have made the personal data public, communicate potential erasure to anyone else processing that same personal data. The third paragraph lists five exemptions to the right to erasure, summarized as: (a) freedom of expression and information; (b) legal obligation or task carried out in the public interest or official authority; (c) public interest in the area of public health; (d) public interest archiving, scientific and historical research, or statistical purposes; and (e) legal claims. What becomes clear right away is how both the right-to-erasure’s triggers and exemptions all refer to other legal provisions in and outside the GDPR. As such, the right to erasure can be seen as a central hub in the GDPR, bringing together key data protection principles from the perspective of data subject empowerment.
Balancing in the GDPR
Authors: Ausloos Jef
Published: June 2020

This chapter takes a step back and looks at fair balancing acts induced by invoking the right to erasure. It starts with comparing balancing of fundamental rights and freedoms in the Charter with balancing in the GDPR. Indeed, it re-emphasizes how the GDPR as a whole, essentially constitutes a framework for fair balancing of rights, freedoms, and interests in the context of personal data processing. The chapter then lays out the actual blueprint for such fair balancing in the GDPR. It becomes clear how fair balancing in the GDPR is an iterative process, with ex ante and ex post balancing acts. The former need to be performed before processing initiates, and the latter refer to subsequent balances as triggered by data subject rights for example. Overall, the very nature of fair balancing does not allow for clear-cut, categorical answers to conflicts of rights, freedoms, and/or interests. Instead the GDPR should be looked at as defining the basic infrastructure for ensuring fair balancing, further to be refined by relevant stakeholders. This can notably happen through standards or certification mechanisms, guidance by authorities, and by controllers themselves.
Open Questions on Balancing in the GDPR
Authors: Ausloos Jef
Published: June 2020

This chapter discusses some of the loose ends that remain after the previous two chapters in Part II on Fair Balancing and Data Protection. In particular, it tries to frame answers to—or at the very least nuances—key questions arising from right-to-erasure-induced-balancing-acts in the information society service (ISS) context. After a critical appraisal of open-ended fair balancing in the data protection context, the chapter tackles questions such as how far ISS controllers’ responsibility to balance goes; whether the GDPR defines a balance that is biased towards data subjects; and whether the framework is not essentially ‘privatizing’ fair balancing. The last half of the chapter is dedicated to some important elements that nuance the aforementioned questions, and the debate on GDPR balancing by ISS controllers more broadly. It emphasizes the importance of taking into account the size and broader context in which large ISS providers operate; makes a critical appraisal of the merits and pitfalls of a granular and functional approach; shows how the GDPR essentially defers fair balancing; and explains the right to erasure should not be looked at as a binary (ie full erasure v unrestrained processing).
Manuscripts of the Book of Revelation
Authors: Allen Garrick V.
Published: June 2020

The book of Revelation is a disorienting work, full of beasts, heavenly journeys, holy war, the End of the Age, and the New Jerusalem. It is difficult to follow the thread that ties the visions together and to makes sense of the work’s message. This book argues that one way to understand the strange history of Revelation and its challenging texts is to go back to its manuscripts. The texts of the Greek manuscripts of Revelation are the foundation for the words that we encounter when we read Revelation in a modern Bible. But the manuscripts also tell us what other ancient, medieval, and early modern people thought about the work they copied and read. The paratexts of Revelation—the many features of the manuscripts that help readers to navigate and interpret the text—are one important point of evidence. Incorporating such diverse features like the traditional apparatus that accompanies ancient commentaries to the random marginal notes that identify the identity of the beast, paratexts are founts of information on how other mostly anonymous people interpreted Revelation’s problem texts. This book argues that manuscripts are not just important for textual critics or antiquarians, but that they are important for scholars and serious students because they are the essential substance of what the New Testament is. This book illustrates ways that the manuscripts illuminate surprising answers to important critical questions, like the future of the critical edition in the digital age, the bibliography of the canon, and the methods of reception history.
Charles Kingsley
Authors: Mangham Andrew
Published: June 2020

This chapter considers the conflict-laden work of Charles Kingsley. Kingsley was an avid follower of scientific developments. In 1842 he urged one of his correspondents to ‘study medicine [… I am studying it’. In the social novels Yeast (1848), Alton Locke (1850), and Two Years Ago (1857), we see the fruits of these labours, particularly in how the languages and methods of biology offer Kingsley a means of challenging views of starvation as an inevitable, necessary evil. In his portrayals of radical characters, Kingsley discusses how scientific ideas precluded the political appropriation of starvation as a means to beat the well-to-do. Famous for locking horns with John Henry Newman on the abstract question of what constitutes truth, Kingsley argues a case for seeing topics like the physiology of hunger not as a symbol of providentialist or radical thinking, but as the means of creating a more intelligent understanding of poverty.
Elizabeth Gaskell
Authors: Mangham Andrew
Published: June 2020

This chapter focuses on Elizabeth Gaskell’s Mary Barton (1848), North and South (1854–5), and Sylvia’s Lovers (1863). These works confirm Kingsley’s suspicion that a material view of starvation—and poverty more generally—offers a reasonable and reasoning interpretation of the Condition-of-England question. Starvation, or ‘clemming’, as it was known among the industrial working classes, refuses to be integrated, in Gaskell’s fictional world, into a catch-all economic or demographic theory. Instead, it is a phenomenon that paradoxically demands confrontation while evading perception through the anatomies of the workers and their surroundings. In line with the interlinking findings of biological scientists and Unitarian thinkers, Gaskell broaches the intricate questions of reform by recasting them as flesh-and-blood issues experienced through the eyes of her heroines; her novels thus ask for the sort of careful consideration advocated by science, whereby the strengths and weaknesses of subjective interpretation are tested and interpreted through the material.
Conclusion
Authors: Mangham Andrew
Published: June 2020

This concluding chapter considers the relevance of the Victorian way of thinking to the modern world. The financial crisis of 2007–8, and the resultant austerity, has lead to a resurgence of ‘Victorian’ health afflictions. In recent years we have seen a re-emergence of hunger as a humanitarian problem in the West. Neoliberalism and austerity are iterations of a conservative way of thinking that has been with us at least as far back as the New Poor Law. This chapter considers what we might learn from Kingsley, Gaskell, and Dickens, and from their intersections with nineteenth-century starvation science.
A Man for All Processes
Authors: Issacharoff Samuel
Published: June 2020

The American due process revolution that began in the 1960s was slow to reach Britain. The limited power of judicial review and the removal of procedure from the academic study of law left the field oddly barren just as it sprung to life in defining the relation between citizens and the state in the US. Almost single-handedly, Professor Zuckerman sought to reframe the legal understanding of procedural order in the UK. His use of a cost-benefit matrix to define the governmental interest in a particular course of conduct, and his use of the same metric to weigh the costs to private parties and the risks of legal error were transformative. Beginning with his work on the incentives to error created by the Mareva injunction, and continuing to his crusade over the exorbitant costs of British procedure, the result was a scholarly transformation of a field largely abandoned since the time of Bentham. This chapter chronicles the efforts of one far-sighted scholar to drag British procedure into the modern era.
How Judges Decide
Authors: Sharpe Robert J
Published: June 2020

This chapter considers what HLA Hart described as a choice between the two extremes of the realist ‘nightmare’ that judges never decide according to the law and the idealist ‘noble dream’ that judges always decide according to the letter of the law. The chapter explores the reasons for legal uncertainty and examines the constraints that control judicial decision-making. Law is uncertain because it is necessarily general and its application in any particular case depends upon the context. This means that judges often have a choice but that choice is constrained by several factors, especially by the obligation to provide a reasoned judgment.
Compliance Problems and Digitizing Case Management in England and Wales
Authors: Sorabji John
Published: June 2020

Compliance with case management orders has been a hidden problem undermining the effective operation of the Civil Procedure Rules. The focus of academic critique has, however, been on the adverse consequences to their effective operation of non-compliance with such orders. This chapter considers this unexamined problem of case management: the compliance problem. It first examines the nature of the compliance problem, placing it within the context of the wider and substantially explored problem of non-compliance; the latter having formed a major limb of Zuckerman’s critique of English civil procedure. It then explores how current and potential future reforms to the English civil justice system arising from HMCTS reform programme, the Civil Courts Structure review, digitization and the potential use of artificial intelligence (AI) could overcome this unexplored problem.
Taking Seriously Affordability, Expedition, and Integrity in Adjudication
Authors: Assy Rabeea
Published: June 2020

This chapter explores the potentially far-reaching consequences of treating cost and time as dimensions of justice. It shows that an exaggerated pursuit of accurate judgments may undermine the effort to enforce the law, because it produces lengthy and expensive litigation that is likely to deter many from seeking enforcement in the first place, and to distort justice by subjecting the process to economic inequalities. When affordability and expedition are prioritized, courts will be expected to ensure that litigation remains within the financial reach of litigants and that it concludes within a short time. This means that the court must avoid unaffordable spending or lengthy litigation even when these might otherwise be justified by the features of the case in question, namely its value, complexity, importance, etc. Reducing the uncertainty concerning the legal rights of the litigants has value independent of outcome accuracy; it simply enables people to move on with their lives. This chapter also explores the multi-dimensional nature of justice beyond the trifecta of accuracy, cost, and time. It shows that common law procedures seek to protect additional values, including three senses of integrity. One is concerned with the integrity of litigants, using procedural sanctions to deter abusive behaviour. The second focuses on the morality of the court, requiring it to keep its hands clean and refuse to rely on illegality or engage with proceedings advanced through fraud and falsity. The third sense of integrity focuses on the message a court sends by imposing procedural sanctions on abuse of process.
Funding Civil Litigation Through Legal Expenses Insurance in Germany
Authors: Gottwald Peter
Published: June 2020

In Germany legal expenses insurance is a popular way to protect against financial burdens resulting from costs for legal advice out of court and for civil litigation. Insurers just offer contracts to cover specific risks which allow actuarial calculation. Wide spread types are legal expenses insurance for traffic risks and for consumer and employee matters, while insurance for commercial risks is practically not offered anymore. If an insured risk occurs the insurer is obliged to confirm the covering of costs of lawyer and court if (mostly by application by a freely chosen lawyer) the insured can show that his claim or defense has sufficient prospect of success and is not wilful. The cover note is granted step by step, first for out of court advice, then for proceedings of first instance, and so on.
Just Costs
Authors: Wilmot-Smith Frederick
Published: June 2020

This chapter considers the normative foundations of the law of costs, proposing a structure for analysis. Despite the central importance of the expense of justice to the practice of law, the law of costs is rarely a topic of theoretical inquiry. This chapter begins with a distinction between individualist and holist theories, suggesting that ‘loser pays’ rules are usually thought justified on individualist terms. This, the chapter argues, is a mistake; the law of costs is justified, if justified, by a holistic theory. So understood, the law of costs is part of the system by which the law controls access to and the distribution of its own resources. If that is correct, the law of costs is justified only if the distributive arrangement is justified. Civil procedure can only be done well, this suggests, if linked to broader theories of distributive justice.
Manned Aerial Bombing
Authors: Renic Neil C.
Published: June 2020

This chapter explores the asymmetry-challenge of manned aerial bombing. It first provides a historical overview of the practice, beginning in the nineteenth century and concluding with the 1999 high-altitude bombing of Operation Allied Force (OAF). The chapter will then examine, and distinguish between, the ethical and moral opposition that emerged in response to civilian bombing. This opposition will then be reconsidered in the context of the First Gulf War and OAF. It is within these conflicts that we witness a shift in the locus of the asymmetric-challenge of aerial bombing, from civilian to combatant targeting. The chapter concludes by exploring the gradual resolution of the asymmetry-challenge of manned aerial bombing.
Corporate Governance, the Craft Brew Alliance, and A-B
Authors: Maltby Neil
Published: June 2020

The Craft Brew Alliance (CBA) resulted from the merger of two well-known craft brewers: Redhook Ale Brewery Inc and Widmer Brothers Brewing Co. The CBA was listed on the NASDAQ and the largest shareholder was Anheuser-Busch (A-B). This shareholder relationship violated the Brewers Association equity policy. At the heart of the dispute was the vision of the craft beer movement and disagreement about how brewers should be owned and governed. This chapter examines the corporate governance of one “craft” beer company and analyzes how, over time, this firm’s governance put it at odds with the culture of the industry in which it operated. The ultimate goal of this chapter is to understand the corporate governance challenges of publicly traded firms operating in craft culture, as such firms operate at a crossroads of artisanal tradition and public market expectations.
Introduction
Authors: Hutchinson G. O.
Published: June 2020

Classical literature is full of motion, but motion has been little considered, unlike space. Motion was of more interest to ancient philosophers than space; it is bound up with ethics, character, and other central aspects of literature. The unfamiliar subject is best considered in relation to familiar works: mostly large and well-known works are chosen, across a range of time and genre. The chapters each look at the general roles of motion in a work, scrutinize the language used for motion, and analyse a series of passages. Art makes a good starting point, and introduces us to features found in literary depictions of motion: so to oppositions (e.g. willed and inflicted motion) and to hierarchies (e.g. gods and mortals). Literary descriptions of motion can be seen to invite the attention of readers or listeners, and authors are visibly interested by motion, either as a general concept, or in the drawing together of different types (such as sailing, running, and flying).
Ovid,Metamorphoses
Authors: Hutchinson G. O.
Published: June 2020

Striking depictions of motion in the Metamorphoses come readily to mind: Daphne, Actaeon, Daedalus and Icarus…. The motion shows copious diversity more than rigorous structuring, as in the Iliad. Wandering motion is frequent; a great range of spaces is covered. But the poem is interested in motion as a state of the universe, as Pythagoras’ philosophical speech brings out. The relation of metamorphosis to motion is manifold and complex; motion is connected to life and type of creature. Imagined possibilities of motion are important as well as narrated movement. The interest of the poem in motion is indicated by the frequency of moueo and motus there as compared to Aeneid and Fasti. Passages discussed include Niobe turning to not quite unmoving stone, supremely fast animals in impossible competition, the girl Iphis becoming a man and moving like one, Medea contemplating a voyage, Myrrha moving towards her father’s bedroom, Dis abducting Persephone. The depiction of motion is thus related to paradox, puzzles, refined observation, thought, morality, hierarchy. Motion is made conspicuous by drastic differences (as between the Greek army and snake and birds). The gods’ motion is both universal and individual (Venus briefly takes up Diana’s); more philosophically universal is the movement of time. The diversity of motion is held together by the flair of style.
Tacitus,Annals
Authors: Hutchinson G. O.
Published: June 2020

Tacitus’ Annals give intriguing turns to the motion important in historiography. The emperors in Rome or Italy do not move much, by contrast with warfare at the edges of empire. This absence of substantial motion is pointed, and opposed both to subtle motion at the centre, and to the metaphorical motion (motus) of political upheavals. Mental motion is important too. Motion helps display the range of the Annals: a range seen not just in material but in the fullness of treatment. Close treatment is especially significant in the treatment of death. Tacitus’ language of motion (compound verbs etc.) shows his interest in precision and in grasping attention. Among the passages are a Roman legion recovering the plot under Germanicus, the Roman people prostrate outside Sejanus’ country house, scary British women, fire in strange and monstrous motion, the comings and goings around Tiberius’ fluctuating health, the wild movements at and after Messalina’s party. The passages show the satisfactory organization of military narrative and the political collapse of Roman structures; they explore barbarian gender, inanimate nature, pointedly different scales and levels of motion, motion for itself and with a desperate purpose. The treatment of group motion is more important than in Ovid, more complex than in Homer (so defeated Germani, or the return of Germanicus’ widow). Structures of power are scrutinized through motion (so Mithridates of Armenia or Nero’s mother). Detail is lively (as on climbing trees); the voice of the narrator, that central character, guides the reader’s responses with complex cohesion.
Event
Authors: Carman John , Carman Patricia
Published: June 2020

Chapter 2 looks at how battles are conventionally treated, as singular events that can be considered as unique; and in terms of landscape, treating the places where battles take place as ‘terrain’ with utilitarian value. The chapter looks at the kinds of people who take part in a battle and how they distinguish themselves from others, how they move, and how they use the landscape they find themselves in. It goes on to examine the idea of ‘decisiveness’ and the possible outcomes of a battle, and how they derive from the actions of those involved.
Time
Authors: Carman John , Carman Patricia
Published: June 2020

Chapter 4 offers a means to incorporate an understanding of battle into long-term history, drawing on the capacity of approaches derived from archaeology to offer longitudinal perspectives on aspects of human culture. The chapter provides a critical review of long-term histories of war and goes on to examine ideas about the origins of war and battle as represented in the historical and archaeological record. It then goes on to revisit, in the context of the long-term, the relationship of battles to landscape.
Discourses
Authors: Carman John , Carman Patricia
Published: June 2020

This chapter considers the understandings of conflict and war represented in structures of discourse that include and emphasize certain aspects at the expense of excluding others: it examines what can be said about war and what cannot and thereby makes a connection to the concerns of Critical Military and Strategic Studies. It examines ideas about the rational and functional interpretations put upon warfare practice in all periods, and the types of identity discourse commonly applied to emphasize those that are not, and the qualities those involved in battle are assumed to demonstrate.
And Justice for All? Energy Justice in International Law
Authors: Redgwell Catherine , Rajamani Lavanya
Published: June 2020

As the World Bank Inspection Panel has pertinently observed, energy activities can bring significant benefits, including bolstering economic development and, ultimately, standards of living, but they can also have ‘adverse effects on the livelihood and environment of communities living in the production areas and near the pipelines’ with social and political conflict rooted in the ‘inequitable social relations that underlie the production and distribution of profits’ and ‘adverse impact on … fragile ecosystem[s]’. (West African Gas Pipeline Project, 2008). More recently, the increasing vogue for privatization of essential services such as energy—and increasing use of Public–Private Partnerships (PPPs)—has been linked with the systematic elimination of human rights protections and further marginalization of the interests of low-income earners and those living in poverty (Special Rapporteur on Extreme Poverty and Human Rights, 2018). The Sustainable Development Goals reflect a potentially uneasy compromise between conceptions of the state as provider—and guarantor of social and economic justice—and ‘mere private sector facilitator’. The purpose of this chapter is to assess the extent to which (and what) notions of energy justice permeate attempts internationally to achieve ‘ecologically sustainable development’ of energy resources.
State Protection of Energy Consumers
Authors: Mostert Hanri , Naude Tjakie
Published: June 2020

This chapter scrutinizes the role of the state in ensuring electricity supply and protecting end-consumers along a spectrum of energy market models. On the one end, there are markets dominated by virtual state monopolies, such as the South African example, where supply and consumer protection take on a different shape, compared to those on the other end of the spectrum, where distribution of energy to end-consumers is privatized. The European Union (EU) exemplifies the latter. Analyses of both the Australian and Nigerian models of energy supply and end-consumer protection are included to demonstrate variations within privatized markets, and comment on the role of the state in implementing privatization. Issues of procedural and participatory justice are considered. Social justice issues are raised, furthermore, in that the type of consumer protection in a system is influenced by the degree of affluence of the community and the resilience of the system of governance.
Energy Market Reforms in the EU
Authors: Roggenkamp Martha , Diestelmeier Lea
Published: June 2020

Energy market liberalization in Europe started in the 1990s by giving consumers a choice of supply. The EU electricity market directive of 2019 reiterates the focus on consumers. It envisages that ‘citizens take ownership of the energy transition’ and participate actively in the market. At the same time, the directive aims at protecting vulnerable consumers and at mitigating energy poverty. Yet, it provides Member States with considerable freedom in defining these concepts. The directive suggests that small customers might develop into two categories—one which actively participates in the market and reaps market benefits, and one which is unable to do so and thus will remain vulnerable and at risk of falling into energy poverty. This chapter discusses whether this potential discrepancy and lacking common EU approach towards the concept of vulnerable customers and energy poverty could result in distributive and social energy injustice among small customers in the EU.
Revivalistics
Authors: Zuckermann Ghil'ad
Published: June 2020

This seminal book introduces revivalistics, a new trans-disciplinary field of enquiry surrounding language reclamation, revitalization and reinvigoration. The book is divided into two main parts that represent Zuckermann’s fascinating and multifaceted journey into language revival, from the ‘Promised Land’ (Israel) to the ‘Lucky Country’ (Australia) and beyond: PART 1: LANGUAGE REVIVAL AND CROSS-FERTILIZATION The aim of this part is to suggest that due to the ubiquitous multiple causation, the reclamation of a no-longer spoken language is unlikely without cross-fertilization from the revivalists’ mother tongue(s). Thus, one should expect revival efforts to result in a language with a hybridic genetic and typological character. The book highlights salient morphological, phonological, phonetic, syntactic, semantic and lexical features, illustrating the difficulty in determining a single source for the grammar of ‘Israeli’, the language resulting from the Hebrew revival. The European impact in these features is apparent inter alia in structure, semantics or productivity. PART 2: LANGUAGE REVIVAL AND WELLBEING The book then applies practical lessons (rather than clichés) from the critical analysis of the Hebrew reclamation to other revival movements globally, and goes on to describe the why and how of language revival. The how includes practical, nitty-gritty methods for reclaiming ‘sleeping beauties’ such as the Barngarla Aboriginal language of Eyre Peninsula, South Australia, e.g. using what Zuckermann calls talknology (talk+technology). The why includes ethical, aesthetic, and utilitarian reasons such as improving wellbeing and mental health.
Writing a Modern Biography of an Ancient Roman
Authors: Gibson Roy K.
Published: June 2020

Modern biographies of ancient individuals focus on emperors and generals, as a form of political or military history. A biography of a ‘private’ individual like Pliny raises more urgently the question of the distorting effects of our biographical norms. Modern biography encourages the recreation of a ‘unique individual’, insight into the effects of childhood, or the reconstruction of a rich inner life. Approaches of this sort are not suited to Pliny: he was not interested in the ‘interiority’ found in Catullus or Augustine. Pliny’s individuality can be captured by working along the grain of the Letters: by focusing on the range of locales in which he lived, worked, and owned properties. No Roman writer, not even Vergil, ties his identity to the regions of Italy more successfully than Pliny. This approach is suited to the episodic nature both of Pliny’s own life and of the evidence available.