bluuebunny/crossref_metadata_2025_split huggingface dataset:
Balancing in the GDPR
Authors: Ausloos Jef 
Published: June 2020

Abstract
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

Abstract
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).
Charles Kingsley
Authors: Mangham Andrew 
Published: June 2020

Abstract
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

Abstract
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

Abstract
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

Abstract
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

Abstract
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

Abstract
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

Abstract
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

Abstract
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

Abstract
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

Abstract
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.
Introduction
Authors: Hutchinson G. O. 
Published: June 2020

AbstractClassical 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

AbstractStriking 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

AbstractTacitus’ 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

AbstractChapter 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

AbstractChapter 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

AbstractThis 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

Abstract
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

Abstract
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

Abstract
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

Abstract
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.