bluuebunny/crossref_metadata_2025 huggingface dataset:
Interpretation of international treaties and the role of Articles 31 and 32 of the Vienna Convention on the Law of Treaties
Authors: Větrovský Jaroslav
Published: May 2022

The aim of the chapter is to relate Wittgenstein’s late philosophy of language to current debates on the notion and function of interpretation in international law. It seeks to explain why the notion of judicial interpretation has escaped all doctrinal attempts to provide its definition and, in particular, why interpretation is not reducible to acts of discovering or attributing a meaning to a legal text. Drawing on Wittgenstein’s argument that rules and their meanings are internally related, the chapter suggests that in most cases the principal function of judicial interpretation is to provide a double explanation: how judges understand the interpreted rule and, if such an understanding is correct, how the rule ought to be followed in actual and future cases.
Multilingual interpretation by the CJEU in the Area of Freedom, Security, and Justice
Authors: Aljanati Lucie Pacho
Published: May 2022

The Court of Justice of the European Union resorts to multilingual interpretation when comparing different language versions of a text in order to interpret a certain provision. In quantitative terms, this study analyses how systematic the Court has been in applying multilingual interpretation in the Area of Freedom, Security, and Justice, a policy area of relatively recent creation, explicitly enshrined in the Treaty of Lisbon. The corpus is composed of judgments obtained from the CVRIA database. In qualitative terms, this study examines the instances of multilingual interpretation in order to elucidate to what extent the Court used comparison to reconcile diverging language versions or as a tool to support an interpretation when no divergences were present. Some examples will elucidate how the Court constructs meaning, particularly in managing the interplay between EU law and national law.
Fundamental values being introduced into the treaty interpretation process under the WTO beyond semantic finding of conveyed meaning
Authors: Lo Chang-fa
Published: May 2022

Treaty interpretation is similar to other legal interpretation in that it is not merely a semantic finding of the meaning supposedly conveyed by the interpreted term in a treaty. It should go beyond the semantic analysis (i.e. the analysis of linguistic and logical meaning) of an interpreted term. When encountering the selection of different ordinary meanings, different contexts, and different objects-and-purposes, a treaty interpreter will have to consider certain fundamental human values, such as the protection of human life and health and the protection and enhancement of human rights, to help conduct the interpretation. The semantic analysis of treaty language is not sufficient for protecting such values. Appropriate application of various methods of treaty interpretation are the way to help consider these values. An introduction of external values into treaty interpretation is necessary and workable.
Legal interpretation and adjudicatory activism in international commercial arbitration
Authors: Lam Joanna
Published: May 2022

This chapter discusses creative aspects of legal interpretation and the practice of adjudicatory activism in international commercial arbitration. It analyses cases in which arbitrators arrive at their decisions by reaching beyond the letter of the applicable law while acting either within the limits of their discretion or by exceeding them. In particular, it focuses on situations in which such activity leads to an expression, formulation, and consolidation of formerly unspecified rules. The chapter critically revisits dynamic theories of legal interpretation (formulated primarily in the context of litigation before the domestic courts), and examines their applicability to arbitration, in a form adjusted to specific demands of arbitral decision-making. It further examines particularities of interpretative practice in international commercial arbitration, related to application of the lex mercatoria principles, to amiable composition, and to public order considerations.
Is a legal implicature only in the eye of the beholder? On the interpretation of the CISG convention
Authors: Skoczeń Izabela
Published: May 2022

In this chapter, I outline the discrepancy between a line of reasoning applied by courts and arbitral tribunals around the world and the Gricean theory of communication. The discrepancy occurs for an interesting reason. The courts and tribunals first choose a line of reasoning based on some more global, political aim and only subsequently adjust their linguistic arguments in order to fit the political line of reasoning adopted. Nevertheless, they claim that they proceed the other way around. This chapter depicts this pattern on the basis of choice of law clauses in international contracts falling under the scope of the Vienna Convention for the International Sale of Goods (CISG) from 1980. The choice of the CISG is a conversational implicature in the Gricean sense. Furthermore, the courts base their arguments on Article 8 of the CISG, which mirrors the Gricean theory of communication. However, despite claiming an interpretation based on article 8, the tribunals are not in compliance with the Gricean theory of communication.
The vague meaning of the Fair and Equitable Treatment principle in investment arbitration and new generation clarifications
Authors: Ünüvar Güneş
Published: May 2022

This chapter focuses on the evolution and conceptual development of the Fair and Equitable Treatment (FET) principle, a standard commonly found in international investment agreements (IIAs) and frequently invoked in arbitral disputes between foreign investors and host states. It aims at explaining how the latest free trade agreements such as CETA, TTIP, and TPP contribute to the transformation of a contingent and vague notion into a normative legal rule. To do so, the chapter gives a historical account of the evolution of the fair treatment of foreigners over time, and how investment arbitration has constructed its slowly emerging substantive framework. It chiefly argues that explicit clarifications on the constituent elements of the FET principle, as has been the case in CETA, would work in favour of coherent interpretation and establish a better understanding of what this principle should aim to capture.
The Insurmountable Darkness of Love
Authors: Christie Douglas E.
Published: May 2022

The primary aim of this book is to reconsider the meaning of darkness within contemplative spiritual practice. The book examines how a sustained, critical attention to apophatic spiritual traditions can help us respond to the gaps, silences and empty places that have become such a prominent feature of contemporary experience. Contemplative practice rooted in darkness reflects a deep respect for the unsayable, but also comes to expression in a rich and varied poetry of darkness that limns loss and absence with great delicacy and grace and courage. This book considers how critical retrieval of this poetry—especially that arising from ancient Christian traditions of the via negativa—can help us engage and respond to our own experiences of loss and absence. And how our experience of contemplative spiritual practice can be revitalized by attending more carefully to the darkness that so often surrounds and courses through it. Not only as part of personal practice but also as part of the shared work of recovering and deepening what the Christian mystical tradition often refers to simply as “the common life.” Or what the fourteenth century Flemish mystic Hadewijch of Antwerp calls “the insurmountable darkness of love.”
The Inner Mountain
Authors: Christie Douglas E.
Published: May 2022

This chapter focuses on the desert as locus of apophatic contemplative practice, in particular the question of what it means to face and respond to what Paul Bowles calls “the baptism of solitude.” The “Inner Mountain” refers to the remote corner of the Egyptian desert where St. Antony of Egypt, one of the key early Christian monastic figures, lived. It is also a critical metaphor for exploring the question of what it means to seek spiritual meaning in silence and solitude, and how to relinquish a narrow, controlling gaze and cultivate an openness toward a more capacious vision that enables one to behold the other in love. The chapter considers what it means to enter the desert, and what it means to cultivate contemplative awareness—amid loss and loneliness—in silence, stillness, and darkness.
“An epochal debate over the value of content”
Authors: Nielsen Rasmus Kleis , Sarah Anne Ganter
Published: May 2022

This chapter charts the history of the relationship between platforms and publishers from the early 2000s to 2015, focusing on the case of Google as the oldest and biggest of the platforms, and documents how publishers became increasingly concerned about Google’s power for more than a decade but nonetheless continued to actively engage with the company across a growing number of products and services. It also shows that while key aspects have remained constant, Google’s approach to publishers has evolved over time in response to increased competition from Facebook, input from some key partners, and, in some countries, political pressure.
“Our futures are tied together”
Authors: Nielsen Rasmus Kleis , Sarah Anne Ganter
Published: May 2022

This chapter examines how the two most important platforms for news, Google and Facebook, approach news as part of their wider activities and the ways they handle their relationship with publishers. It documents how platform companies leverage their success with ordinary users to incentivize publishers to make content available via their platforms and examines their direct dealings with publishers, including the different kinds of incentives these platforms offer publishers, even as they seek to maintain the basic features central to their own model, so they can maintain overall focus on their end users and their own business interests.
Introduction
Authors: Waters Matt
Published: May 2022

The study of the Achaemenid Persian Empire, and its founder Cyrus the Great, has until recently been dominated by the portrayals preserved in Greek, Roman, and biblical sources. Advances in modern understanding of ancient Near Eastern languages (from their initial rediscovery in the nineteenth century and continued work in progress), many written in cuneiform scripts, have led to significant advances, especially in the last generation of modern scholarship. The historical period c. 650–550 bce, from the denouement of the Elamite kingdoms and the Assyrian Empire to the rise of Cyrus the Great, still remains a dark age in many ways, especially as regards Cyrus’ predecessors as kings of Anshan in Fars. It is clear nonetheless that the Achaemenids’ predecessors in Assyria, Babylonia, and Elam left a significant imprint on Cyrus and his family.
On the March
Authors: Waters Matt
Published: May 2022

Cyrus the Great’s first major conquest involved that of the Medes in northern Iran. The question of whether the “Median Empire,” as described in Greek sources, ever existed as a centralized, bureaucratic state continues to be debated. When contemporaneous Assyrian and Babylonian evidence is compared to the later Greek evidence, it seems unlikely. Nonetheless, the Medes were a formidable power, and Cyrus’ victory not only made the Persians the dominant power in Iran but also paved the way for his subsequent campaigns. Cyrus’ subsequent conquest of the Lydian kingdom in the 540s stretched his empire throughout Anatolia, including several Greek city-states on the western coast, and brought the wealth and resources of Croesus’ Sardis under Persian control. As recorded in the Greek and Babylonian traditions, Cyrus’ victories were heralded by several dreams and portents, which reinforced the idea of divine favor associated with him.
George Berkeley and Romanticism
Authors: Townsend Chris
Published: May 2022

George Berkeley’s mainstream legacy amongst critics and philosophers, from Samuel Johnson to Bertrand Russell, has tended to focus on his claim that the objects of our perception are in fact nothing more than our ideas. Yet there’s more to Berkeley than idealism alone, and the poets we now group under the label ‘Romanticism’ took up Berkeley’s ideas in especially strange and surprising ways. As this book shows, the poets Blake, Wordsworth, Coleridge, and Shelley focused less on Berkeley’s arguments for idealism than they did on his larger, empirically derived claim that nature constitutes a kind of linguistic system. It is through that ‘ghostly language’ that we might come to know ourselves, each other, and even God. This book is a reappraisal of the role that Berkeley’s ideas played in Romanticism, and it pursues his spiritualized philosophy across a range of key Romantic-period poems. But it is also a rereading of Berkeley himself, as a thinker who was deeply concerned with language and with written—even literary—style. In that sense it offers an incisive case study into the reception of philosophical ideas into the workings of poetry, and of the role of poetics within the history of ideas more broadly.
Studies in Indian Public Finance
Authors: Rao M. Govinda
Published: May 2022

The introductory chapter outlines the plan of the book and summarizes its key messages. The important messages are that the government should intervene only when the markets fail and its interventions should be complementary to the functioning and development of the market economy. Public expenditures are required to resolve externalities and redistribution. Tax policy should focus on raising revenues. Borrowing to finance public spending would have to be repaid by the taxpayers tomorrow and, therefore, rule-based fiscal policy is important. Calibrating countercyclical policy has been rendered difficult due to persistence of elevated levels of deficits and debt. Ensuring efficiency and equity in implementing public expenditure policy in a large country involves dealing with multilevel finance and intergovernmental transfers. Finally, the pandemic has brought about serious challenges but has opened up the scope for pushing much needed reforms to take the economy to a higher growth trajectory.
Macroeconomics of Indian Public Finance
Authors: Rao M. Govinda
Published: May 2022

Elevated levels of deficits and debt in India raise serious questions of stability and sustainability from to time. The resulting interest payments crowd out allocations for the much needed social and physical infrastructures. Pre-emption of disproportionate share of household sector’s financial savings for government borrowing financially crowds out private investments. The attempts to keep government securities’ yield at low levels though financial repression and direct or indirect monetization of deficits to facilitate government borrowing compromises monetary policy objectives. The rule-based fiscal policy to limit fiscal deficits and limit the debt has not met with the desired success. The government has been changing the targets, resorting to creative accounting, and showing adherence through various obfuscations. This is an opportune time for the Parliament to appoint an Independent Fiscal Council to review the forecasts, cost the programmes announced from time to time, and monitor the compliance with fiscal rules.
Evolving Landscape of Indian Fiscal Federalism
Authors: Rao M. Govinda
Published: May 2022

According to the Constitution, India is a Union of States. The inherent centripetal bias and centralized planning strategy have created acute centralization. Despite surviving as a unified nation for seven decades, there are important areas of concern. There is no satisfactory mechanism to deal with overlapping assignments between different levels of government. The third-level decentralization has not taken roots even after three decades of creating local governments. The absence of an effective institutional mechanism for intergovernmental bargaining and conflict resolution in a diverse polity is a major vacuum. GST Council is a unique institution created to achieve tax harmonization, but the recent experience of reneging the agreement to pay compensation for the loss of revenues to the States has created trust deficit. Finally, increasing tendency by the Centre to intervene in the State subjects through Centrally Sponsored Schemes too is a concern. Fiscal federalism reform should address these issues.
Intergovernmental Transfers in India
Authors: Rao M. Govinda
Published: May 2022

The Constitution enables the appointment of the Finance Commission every 5 years by the President of India to recommend devolution of Union taxes and grants in aid to the States to offset vertical and horizontal imbalances. The Commission has the mandate to recommend measures to supplement the resources of local bodies as well. While the Commission recommends mostly unconditional transfers, the Union government gives conditional grants for centrally sponsored schemes. There are 29 umbrella centrally sponsored schemes and within each there are several sub-schemes, forcing thin distribution of resources. However, there are a number of problems associated with both transfers. The Finance Commission’s transfer system is a work in progress; it is not fully incentive compatible and does not fully offset the fiscal disabilities of low-income States. The specific purpose transfers are too many, ill targeted, each with several conditionalities and with a number of design flaws.
How to Fund a Revolution
Authors: Adams R. J. C.
Published: May 2022

Chapter 1 introduces the National Loan, a war bond that was sold in Ireland to supporters of the republican government known as Dáil Éireann. It places the National Loan in the context of previous popular political fundraising campaigns in Ireland, such as Daniel O’Connell’s Catholic Rent and Repeal Rent, the fundraising efforts of John Redmond’s Irish Parliamentary Party via the United Irish League, of the Ulster Volunteers, the Irish National Aid Association and Volunteers’ Dependents Fund, and the Anti-Conscription Fund. It shows how a drop in domestic funding presaged the Irish Parliamentary Party’s defeat in the 1918 general election. It also places the Dáil’s fundraising efforts alongside those of its contemporary self-proclaimed nation states in Lithuania, Georgia, and West Ukraine.
Organizing the National Loan
Authors: Adams R. J. C.
Published: May 2022

Chapter 2 explores the organizational structure that underpinned the National Loan campaign, highlighting the way in which it strengthened the Dáil’s authority over Sinn Féin and the IRA. At the same time, it sets out the archival material left behind by the National Loan’s bureaucracy. It argues that this bureaucracy was a key disincentive to opportunistic behaviour within the National Loan organization, but also constituted a security risk. The chapter reveals the prominence of Roman Catholic clergy in the organization of the National Loan, as well as front organizations such as the New Ireland Assurance Company and the National Land Bank. It also documents the British government’s efforts to locate funds raised by the National Loan and the measures taken by the Dáil to stop them.
Diaspora Finance
Authors: Adams R. J. C.
Published: May 2022

Chapter 5 gives an overview of the history of Irish nationalist fundraising in America, from 1820 to 1920. It explores the relationships between Irish nationalist figures such as Daniel O’Connell, Charles Stewart Parnell, and John Redmond and their sympathizers in America such as the Fenian Brotherhood, Clan na Gael, or the United Irish League of America. Based on this exploration, it introduces the particular dynamics that determined the bargaining position of Irish nationalists in Ireland relative to Irish nationalist organizations in the United States. As gatekeepers of Irish-American money, the leading Irish-American organizations had considerable bargaining power relative to the Irish nationalist politicians. However, the Irish-American organizations derived their legitimacy from their ability to provide an outlet for Irish nationalist sympathy in America. For this, they needed recognition from the leading Irish nationalist organization in Ireland. Having set out the dynamics of diaspora finance, the chapter then charts the role of Irish-American money in the development of politics in Ireland, from the reunification of the Irish Parliamentary Party in the 1900s to the rise of Sinn Féin in the 1910s.
Showtime
Authors: Adams R. J. C.
Published: May 2022

Chapter 7 follows the promotion of the First External Loan across the United States, which included rallies, parades, press advertising, celebrity endorsement, and some more innovative marketing tactics. It also looks at the External Loan’s detractors, including the Wall Street press and the British diplomatic missions to the United States. The chapter has a particular focus on the Dáil’s efforts to become synonymous with the brand ‘Ireland’, strengthening its bargaining position with the Irish-American leadership. Likewise it notes the Dáil mission’s attempts to make Éamon de Valera become the recognized leader of the Irish nation.
‘A Roll of Honor of the Irish Race’
Authors: Adams R. J. C.
Published: May 2022

Chapter 9 explores the results of the First External Loan. It provides a nationwide overview of the amounts raised by US state. It also notes the hostile response from the leadership of the ‘Friends of Irish Freedom’ organization. Then, combining a previously unknown register containing the names and addresses of 3,067 subscribers in Manhattan, New York, with the US Federal Census of 1920 and qualitative material from around the country, it provides the first large demographic analysis of supporters of Irish independence in America. It reveals characteristics such as the subscribers’ age, sex, literacy, birthplace, parents’ birthplace, native language, immigration date, marital status, home ownership status, occupation, and employment status. It then explores popular responses from the bond drive’s detractors. In particular, the characterization of subscribers as gullible female domestic servants is interrogated, tracing the trope back to nineteenth-century Irish-American fundraising. The prevalence of non-Irish supporters of the bond drive is also investigated, including Jewish-Americans, African-Americans, Chinese-Americans, and Americans born elsewhere in Europe.
Encore
Authors: Adams R. J. C.
Published: May 2022

Chapter 10 focuses on the Dáil’s Second External Loan, relating it to developments in Ireland and the Anglo-Irish peace talks in London. Bringing together several strands of the book, it looks at the role of fundraising in determining the bargaining power of individuals within the Dáil, between the Dáil and the Irish-Americans, the Dáil and the IRA, and the Dáil and the British government, all of which was contingent on the Dáil’s relationship with American opinion. It explores the downfall of the Friends of Irish Freedom, the establishment of the American Association for the Recognition of the Irish Republic, and the activities of the American Committee for Relief in Ireland (Acomri). Finally, it follows the Dáil’s Second External Loan, which was raised in Illinois and Washington, DC, but was prematurely closed in December 1921 with the signing of the Anglo-Irish Treaty.
Coda
Authors: Adams R. J. C.
Published: May 2022

Chapter 11 surveys the Dáil’s abortive attempts to raise funds outside Ireland and the United States. It briefly explores the Dáil’s fundraising efforts in Great Britain, South Africa, and Australia, before focusing on Argentina, where a bond drive was launched but prematurely terminated with the signing of the Anglo-Irish Treaty. The chapter follows Dáil envoy Laurence Ginnell’s attempts to gain the support of wealthy Irish-Argentinians, to contend with their reliance on Britain as an export market and source of investment and navigate Irish-Argentinian politics. It also follows his unsuccessful attempts to enlist the support of President Yrigoin and the Argentine government.
Historical Perspective of Jammu & Kashmir Economy
Authors: Khan Bilal Ahmad
Published: May 2022

The name Kashmir also implies land desiccated from water (ka-water and shimeera-desicate). The Chinese pilgrim Hien-Tsang who visited the valley around 631 AD called it Kashi-MiLo. In modern times, the people of Kashmir have shortened it into ‘Kasheer’ in their tongue. In Persian terminology Kashmir is combination of two words ‘kash’ and ‘mir’, kash means to attract and mir means the rich, there by Kashmir means attracting the rich. The abundant resources, beauty, and the salubrious climate of the Kashmir valley were known even from the ancient times. This northern most state of India is bounded in the north-east by China, in the north-west by Afghanistan, and in the west by Pakistan. The southern boundary is contiguous with the states of Punjab and Himachal Pradesh. The State is broadly grouped into three main regions, namely Jammu, Kashmir, and Ladakh. Agriculture was an area of critical concern and agrarian economy of state exhibited all the characteristics of a feudal and stagnant agriculture. The immemorial tradition in Kashmir which treated all land as the property of the ruler and those who cultivated it as his tenants, led to the creation of various intermediaries between the state and the cultivators from ancient times down to the pre-reform period. The organization of rural economy during the ancient period was directed towards the sole purpose of collecting revenue from the tenants.
Evolution of Labour Since Independence
Authors: Khan Bilal Ahmad
Published: May 2022

In the beginning, the labourers had no importance, however, with the growth of various industries of the UT, the labour class became an important part of the society and statistics of more or less accurate nature were made available in various reports published from time to time. It was pointed out the industry provided employment to a large number of agricultural families. During the first quarter of the last century, the two silk factories of Srinagar and Jammu alone absorbed 56 per cent of the total number of labourers engaged in textile industries. The mobilization of the workers and peasants through trade union politics changed the political language of Kashmir. It became common to see red banners and flags, particularly in the city of Srinagar. With the demonstrating workers condemning their economic exploitation and demanding economic justice, a new rights-based discourse was being introduced in Kashmir, which was rapidly substituting the discourse based on religious overtones. Although there are numerous central and state govt. legislations, which are supposedly being enforced for safety and protection of labour rights, however, what is equally important is providing direction to the unorganized sector with a long-term objective of reducing unemployment. There is an immediate need to adopt globally used policies of labour economics in order to recognize the dynamics and functions of the labour markets.
Zitkála-Šá
Authors: Sarker Sonita
Published: May 2022

This chapter illuminates how the only author in this study to be categorized in dominant discourse as “Native,” Zitkála-Šá, demonstrates through her mixed lineage (Lakota/White), associations with land and learning, and through her labor, the co-constitutions of “Native” and “native.” The chapter analyzes how her claims both to citizenship in “America” and to sovereignty form a unique argument about belonging in the early twentieth century. Her writings range from collections of folktales to speeches, and from accounts of her childhood to official reports; this variety in her oeuvre bears testament to her political and cultural versatility. The trauma of boarding schools and the continued marginalization on the basis of gender and culture only strengthened her commitment to the cause of meaningful citizenship.
Commune and (Relief) Camp
Authors: Barbora Sanjay
Published: May 2022

This chapter looks at the ramifications of such violence and its capacity to corrode democratic institutions and social structures. These processes were highlighted by civil rights groups throughout the 1990s and into the 21st century in Assam. In the three decades of insurgency that produced a retaliatory and disproportionate violence from the state, political actors and their positions underwent inversions where politics acquired other lives outside its location in law, authority, and institutions. This chapter reflects on how violence and the access to tools that allow its perpetuation have shaped political discourse in contemporary Assam. Additionally, it focuses on organic attempts at peacebuilding that engage with issues of social justice and equity.
Conclusion
Authors: Barbora Sanjay
Published: May 2022

The concluding chapter looks at the paradoxical events that have transpired in Assam in the 21st century. From the pacification of insurgencies to the deepening of militarized rhythms of everyday life, the transformation of political and social relations in the state has led to the shrinking of democratic spaces for dialogue and negotiation for individuals and collectives. It reflects on the concerns that animated politics in the 20th century and reconnects the various disparate threads of the preceding chapters. It does so to make sense of a rapidly changing world, where the transformation of politics, economy, and society have left older interpretations very far behind.
Excessive Pricing for Pharmaceuticals
Authors: Cheng Thomas K.
Published: May 2022

This chapter focuses on the phenomenon of exorbitant drug prices in developing countries and surveys the different means afforded by the TRIPS Agreement to tackle the problem. It reaches the conclusion that none of the mechanisms provided by the TRIPS Agreement is satisfactory and competition law hence has a limited, but important, role to play in regulating excessive drug prices, especially in instances of a sudden and substantial price hike and of reverse price discrimination under which the same drug is more expensive, often much more so, in developing than in developed countries. The chapter thus proposes that developing countries resort to excessive pricing enforcement to tackle the most egregious instances of excessive drug prices. The proposal is surely not the widespread use of excessive pricing regulation as a general price control tool. It is important to be mindful of the limitations of excessive pricing enforcement and not to overuse or abuse it. The chapter then addresses some of the strongest objections to excessive pricing enforcement in general and in the context of excessive drug prices in developing countries in particular.
Introduction and Overview
Authors: Karnam Gayithri
Published: May 2022

India has experienced a significant growth in public spending at both the central and sub-national levels of government caused by the extensive and increased use of fiscal instruments in the sectoral development strategies adopted by the government ever since India attained independence. There have also been significant changes in governmental priorities from time to time bringing about considerable changes in the nature of public spending. The country has seen major fiscal policy changes with the introduction of structural adjustment programmes and stabilization measures. The framing of legislation like ‘Fiscal Responsibility and Budget Management’ (FRBM) to effect rule-based fiscal corrections has led the governments at both the centre and state levels to adopt fiscal consolidation by imposing a ceiling on the fiscal and revenue deficits and the public debt in a time-bound manner. The fiscal map of the country is going through major changes with the scrapping of the ‘plan’ and ‘non-plan’ categorization of expenditure. These sharp changes in the quantum and quality of public spending have great implications for the development outcomes in the country. While there are issues of effective translation of outlays into outcomes, there are also issues of allocative efficiency, in terms of whether public spending in the country is reflecting the impending needs of the society, which are highly diverse given the country’s differential levels of development. An overview of the book comprising over a five-decade analysis of trends in public expenditure by central and sub-national governments; effectiveness of public expenditure control; features of effective public expenditure reform, Covid-19 and fiscal measures and the way forward to enhance effectiveness of public expenditure in India is presented in this chapter.
Understanding Key Expenditure Concepts and Classification of Public Expenditure
Authors: Karnam Gayithri
Published: May 2022

Public finance literature involving analytical expositions on the macroeconomic implications and impacts of the growing public expenditure is rich in the Indian context. However, studies providing a professional understanding of basic concepts and their likely implications have not been reached out to the students of public finance and the public who are interested in having a correct understanding. The lack of accurate understanding is reflected in the quality of discussions that take place in the pre- and post-budget discussions both in print and electronic media. This is especially true for ‘plan’ and ‘non-plan’ expenditure components. This distinction has been dispensed with by the government from the financial year 2017–18, until then the budget discussions invariably ended up judging based on the size of increase in the plan and non-plan components, the former got considerable praise, completely bypassing the fact that the results of spending emanate from the total spending. Such discussions have had a tremendous impact on the policymakers and the budget speeches made by governments from time to time, as they chose to specifically highlight the sectors that had sharp increases in plan spending, trying to maximize the political mileage. Incremental spending, without taking into account the broader societal needs and requirements is not helpful in making any judgement about governmental participation in the developmental role and pursuits. This chapter makes an attempt to discuss the key expenditure concepts as presented in the budget and their likely implications.
Public Expenditure Control and Management
Authors: Karnam Gayithri
Published: May 2022

Effective public expenditure control mechanism inbuilt into the system and its function to ensure prudent use of public resources is of paramount importance in public financial management. To ensure a strong accountability presence, it is essential that effective control is put in place at both the stages of planning and execution. Public expenditure planning has to necessarily reflect the societal needs. Hence, resource allocation has to be based on precise cost estimates of meeting such expenditure needs. Excessive allocations can lead to wasteful and inefficient use of resources, and on the contrary, inadequate allocations result in under-provisioning, leading to poor quality service delivery. This chapter documents the current institutional mechanisms in place to ensure control on public expenditure and critically examine its effectiveness using the existing evidence and discussions with the stakeholders. Owing to the shrinking number of budget proposals that get discussed before parliamentary passage, the growing resort to supplementary demands, growing audit reports (both in volume and content) over time that are not fully discussed due to lack of time, and infrequent meetings of the committees are some aspects that need to be addressed in toning up public expenditure control in India, both at the national and sub-national levels.
Covid-19 and Public Spending
Authors: Karnam Gayithri
Published: May 2022

Covid-19 pandemic’s impact on economies has been quite devastating for the entire globe. The economic impact of Covid-19 and the fiscal policy response by the Government of India is the core aspect of discussion in this chapter. The fiscal consolidation path assumed by the Government of India since 2004–05 fiscal year governed by the FRBM Act had to be temporarily paused to enable the government to revive the economy using fiscal stimulus packages. The chapter provides a critical account of the pre-Covid-19 macro-economic situation and the trends in the fiscal parameters followed by the fiscal policy response of the Government of India and its impact on the fiscal parameters. It also briefly positions India’s policy response in the international context.
Introduction
Authors: Cave Terence
Published: May 2022

The Introduction provides an initial explanation of the phrases ‘live artefacts’ and ‘cognitive environment’ in the book’s title, connecting these with the assumption of a fundamental continuity between nature and culture, and emphasizing the affiliation between this assumption and the work of cognitive archaeologists and anthropologists. Drawing on the biological concept of autopoiesis, it sketches the hypothesis that literary utterances are life-forms, and suggests that human forms of expression, with all their remarkable plasticity, self-engendering proliferation, and powers of endurance, speak to ways of belonging to our native environment. The relation of the book’s arguments to the broader field of cognitive studies is then clarified, defining ‘cognition’ as embodied and enactive. The methodology adopted is described, assigning priority to imaginative utterances (literature in the broadest sense) as the primary object of knowledge. The Introduction is followed by a chapter-by-chapter Reader’s Guide to the book as a whole.
Questions of Language: Cognitive Ekphrasis
Authors: Cave Terence
Published: May 2022

This chapter addresses the question of linguistic mimesis, redescribing the classical term ‘ekphrasis’ (vivid representation of a scene, or of an art-work) in accordance with the perspective adopted in this book. It draws on the principle of kinesis, the communication of sensorimotor response, to demonstrate once again the embodied and situated function of language in literary artefacts. It explores the problem of musical representation through language, and it concludes with a case-study of writing that pushes towards the limits of what can be done with collocation and cognitive mimesis, the counterfactual storyworlds of China Miéville.
Questions of Time: Simultaneity, Attunement
Authors: Cave Terence
Published: May 2022

This chapter considers the inverse perspective, namely the ways in which literature enacts or models simultaneity and convergence. It reviews some fictional experiments in achieving effects of simultaneity, and then turns to convergence. The example chosen (the vanishing of Posthumus’ ship from view as reported to Imogen by Pisanio in Shakespeare’s Cymbeline) is primarily optical, featuring the mechanics of vergence, but it serves to introduce the notion of ‘attunement’ as a central feature of cognitive process. The discussion in Chapters 5 and 6 of language in time necessarily has a psychological aspect that emerges, for example, in the discussion of ‘echoic’ effects in Chapter 5 as well as in the Shakespearean example of perceptual attunement. This psychological dimension points already towards the topic of Chapter 7.
Live Artefacts
Authors: Cave Terence
Published: May 2022

In this final chapter, the notion of ‘live artefacts’ is more fully developed, initially through a detailed commentary on Alice Oswald’s imagination of Orpheus’ head floating downstream. It discusses the relationship between individual and ‘swarm’ as embodied in literary practices, then turns to the issue of (self‑)reflection, intentionality, and agency as manifested in literary artefacts. Taking the myths of Echo and Narcissus as a point of reference, it explores the ostensive (self-declaring) modes of literature, and the ways in which they display permeability and feedback between reflective and pre-reflective cognition. A line from Shakespeare’s Twelfth Night and a speech from Romeo and Juliet, together with the television series Fleabag, afford discussions of different kinds of internalized self-reflection and scepticism. The chapter closes with a review of the proposal that the literary artefact is a life-form, and with a recapitulation of key points.
Afterthoughts
Authors: Cave Terence
Published: May 2022

‘That was a way of putting it—not very satisfactory’:1 Eliot’s reflective intervention in the stream of his imaginative utterance—flat, awkward, almost pedantic—offers a modernist counterpart to Flaubert’s eloquent articulation, in Madame Bovary, of the inadequacy of language.2 It applies equally to metaphysics and to physics, to utterances about the ineffable cosmic nature of things and about the equally ineffable this-worldly, everyday domain of ‘things as they are’....
South Africa
Authors: Gandhi Gopalkrishna , Suhrud Tridip
Published: May 2022

This part serves primarily to portray the Gandhis’ life around the turn of the 19th century in South Africa through descriptions of it given by Gandhi himself. Beginning with Gandhi reaching South Africa in 1893 and establishing himself as a much sought-after lawyer and becoming chief spokesman for the community of Indian South Africans, it covers the birth of his youngest son, Devadas, his experiences with racial discrimination in Durban, and ends with the family’s return to India in 1914.
Literary Performative Space
Authors: Ingle Hrishikesh Sudhakar
Published: May 2022

This chapter brings out the predominance of the literary network shaping the attributes of post-independence Marathi films. Vernacular performative space is conceptualized here to describe the contouring of Marathi filmmaking between 1950s and 1970s. It is proposed that the Marathi cinema is not disassociated from the sphere of performance. Performative forms are ambivalently positioned in the narrative aspects and industrial relations of Marathi films. The chapter traces the emergence of such a performative space in the work of two major literary figures: Pralhad Keshav Atre (Acharya Atre) and G. D. Madgulkar. The idea of literary dominance is also an ideological interpellation shaping the vernacular performative space. This space is simultaneously situated within legitimization of a new nation and responsive to the contradictions of regional expressions.
Towards Renewal
Authors: Ingle Hrishikesh Sudhakar
Published: May 2022

In this concluding chapter, the scenario of Marathi cinema in the 1990s is briefly outlined against the contestations set-off by globalization and liberalization. This is evidenced through the expansion of the televisual network. It is observed that the circulation of Marathi films in Marathi social spaces was rendered insignificant in the neo-liberal age. However, there were attempts towards aligning Marathi filmmaking to the new contexts. Transitions in public culture is identified as a major factor for the renewal of form and social connections. The chapter considers the implications of genre films to bring out the ambivalence of industry, social circulation, and textual content. In the final sections, the dialectics of liminality are highlighted as a concluding argument. The chapter ends with a deliberation on the prospects of spatial histories of India cinemas.
The 1960s and the Rise of Romantic Liberalism
Authors: Watts Galen
Published: May 2022

This chapter traces the rise of the religion of the heart to the wider moral, social, and political developments that swept across Western liberal democracies during the 1960s. Drawing from innovative historical and political theoretical scholarship, it argues that it was during this era that an unprecedented alliance between romanticism and liberalism took root and blossomed, eventually crystallizing into a stable social imaginary. It then links key social and political developments of this period—for instance, the New Age, Charismatic Christian, environmental, feminist, and gay liberation movements—demonstrating that they were equally motivated by a romantic liberal social imaginary. It concludes that the rise of the religion of the heart reflects the religious wing of a wider romantic liberal revolt, to which both the rights revolution and liberation movements of the period belong.
The Making of Romantic Liberal Modernity
Authors: Watts Galen
Published: May 2022

This chapter retells the story narrated in Chapter 4, but from a cultural sociological perspective which is sensitive to the fact that modern societies are institutionally—and thereby morally—differentiated. Treating the 1960s counter-culture as a set of expressive institutions, the chapter makes clear how counter-culturalists launched a moral crusade against the competing economic and legal-political spheres of Western liberal democracies. It then demonstrates how the counter-culture successfully transformed the private sphere, while also reforming the legal-political sphere, thereby giving life to a new social order—romantic liberal modernity. The chapter concludes with a discussion of the moral, political, epistemic, and economic developments, which have precipitated not only the decline of Christendom, but also the flourishing of the religion of the heart.
Introduction
Authors: Withy Katherine
Published: May 2022

The introductory sections of Heidegger on Being Self-Concealing outline the role of the self-concealing of being in Heidegger’s thought, note the problem this self-concealing presents for the project of thinking being, and introduce the task of the book: to identify the phenomenon in question. The taxonomical method of the book is introduced, along with foundational interpretative commitments and assumptions. Difficulties are acknowledged. The first steps in building the taxonomy and introducing its key distinctions are taken. The taxonomy is based on Mark Wrathall’s four planks of unconcealment, which present a hierarchy of four phenomena of unconcealment in Heidegger’s work: in speaking, in comporting towards entities, in disclosing being, and in the clearing. These four phenomena of unconcealment provide the structure on the basis of which the various phenomena of concealing and concealment will be sorted. The central kinds of concealing and concealment—lēthē, kruptesthai, and kruptein—are introduced. The necessity of working within the structure of the taxonomy is established by analysing Heidegger’s interpretations of Heraclitus’s fragment saying that nature (phusis) loves to hide (kruptesthai).
Plank Three
Authors: Withy Katherine
Published: May 2022

Sections 11 through 17 begin to identify phenomena of lēthē, kruptesthai, and kruptein at Wrathall’s third plank. These are phenomena of concealing and concealment involved in the unconcealing of entities as such and as a whole—which Heidegger calls being, phusis, or worlding, and which is correlated with Dasein’s disclosing. How this unconcealing relates to and is distinct from that at the second-plank (the discovering/being of entities) is discussed, as are various ways of addressing third-plank unconcealing that we find across Heidegger’s works. Phenomena of lēthē, kruptesthai, and kruptein at this plank include the nothing revealed in the mood of angst and in the animal’s world-poverty, un-truth, the mystery and falling in Heidegger’s ‘On the Essence of Truth’, the backgrounding of being when entities are discovered, and being’s lack of ‘why’ or ground. With regard to Dasein’s disclosing, both the concealing of the ‘whence’ of thrownness and inauthentic disclosing are considered.
Plank Three
Authors: Withy Katherine
Published: May 2022

Sections 21 through 24 complete the account of phenomena of lēthē, kruptesthai, and kruptein at Wrathall’s third plank. They culminate in an account of the self-concealing of being that shows it to consist in being’s resistance to being made determinate or understandable in the way that entities are—namely, by being set off from its contrast cases. Being cannot be adequately grasped in contrast to the nothing that it is rather than (lēthē), in contrast to its ground, or in its difference from entities (the ontological difference). This account of what it is for being to be self-concealing makes sense of both the way that secondary literature approaches the phenomenon and Heidegger’s key passages on the self-concealing of being, including those in the interpretation of Heraclitus’s fragment that were shown to be perplexing at the outset.