bluuebunny/crossref_metadata_2025_split huggingface dataset:
Roman Colonization in Twentieth-Century Historiography
Authors: Colognesi Luigi Capogrossi 
Published: December 2020

Abstract
This chapter discusses the development of the Roman colonial discourse after the pivotal studies of Niebuhr and Mommsen. It shows how a juridical perspective on Roman colonization prospered especially in Italy, where the new sociological wave that had fundamentally changed German scholarship never really took root. The approach of scholars like Ettore di Ruggiero and Plinio Fraccaro, characterized by fluid juridical categories and sensibility for historical change, resulted in very innovative studies and crucial new insights, which however have found little support in the international academic community. The chapter shows how the marginalization of this academic tradition can be explained by the fact that in recent scholarship, Roman colonization is predominantly studied in the context of Roman imperialism or urbanism. It provides several examples of how specialized juridical insights and discussions strongly affect historical reconstructions of Roman imperial strategies and fundamentally alter our understanding of Roman colonial landscapes.
Introduction
Authors: Becker Ulrich 
Published: December 2020

Abstract
The chapter introduces the aim of the book, its structure, and its relevance, including an overview of previously published works in the field. It emphasises a double-sided understanding of the constitution of welfare states by way of background to the book, which aims to provide, from a comparative perspective, a detailed analysis of crisis-driven changes in the nine EU Member States that were particularly affected by the financial crisis. As a basis for the subsequent country reports and comparative analysis, this introduction explains different forms and functions of social protection and different dimensions and levels of human rights protection, as well as detailing the time and place of investigation.
The Financial Crisis as a Turning Point for Constitutional Rights Jurisprudence
Authors: Dewhurst Elaine 
Published: December 2020

Abstract
In 2008, Ireland faced an economic crisis without parallel in its recent history. To address this crisis, a large programme of financial assistance was obtained from the European Union and the IMF, and the Irish government set about the process of reforming the structure and financing of social security benefits and the healthcare system to ameliorate the effects of the crisis. While much can be said about the legislative reforms, their rationale, necessity, and impact, this chapter addresses the legacy of the crisis on the Irish constitutional system and, particularly, on the Irish constitutional protection of social rights (or lack thereof). Following an analysis of the limited case law surrounding the reforms imposed during the economic crisis, it is contended that the economic crisis had the effect of highlighting the lack of explicit constitutional protection of social rights, a deficiency which in turn created an opportunity for the utilisation of other existing and emerging constitutional rights. While the future of social rights in the Irish Constitution is still unclear, it is evident that the economic crisis has left an indelible mark on the Irish constitutional landscape.
A ‘Bail-In’ of Social Rights? The Cypriot Experience of the Financial Crisis
Authors: Kombos Constantinos , Herodotou Athena 
Published: December 2020

Abstract
The chapter first analyses the events that led to the collapse of the Cypriot banking sector and to the conclusion of the agreement with Troika to provide €10 billion in the unprecedented form of a ‘bail-in’. It also examines the uncertain legal nature of the MoU in the Cypriot legal order, in the sense that the legislator ratified it as an international treaty as per article 169 of the Constitution; yet, it is doubtful whether the MoU could come under that provision. Moreover, the chapter provides a general overview of the national social security and healthcare system and analyses in depth the structural reforms and cuts in the social system which resulted, directly or indirectly, from the financial crisis. The chapter then turns to the parliamentary process for adopting these reforms and examines whether it was affected by the MoU. Finally, the chapter examines the limited number of applications that were adjudicated by the Administrative Court (or the Supreme Court), which challenged the constitutionality of some reforms introduced due to the financial crisis.
The Outcome of the Financial Crisis in Italy
Authors: De Nes Matteo , Pin Andrea 
Published: December 2020

Abstract
Although Italy was not involved in any official programme of financial assistance granted by so-called European ‘rescue funds’, an informal letter sent by the ECB to the Italian Government triggered de facto the adoption of pervasive austerity measures. The national and local governments, legal scholarship, and society at large have swung from adhesion to austerity policies to profound scepticism towards these measures. The reform that epitomises all the others is the constitutionalisation of the so-called ‘golden rule’ of a balanced budget, passed in 2012. This amendment crystallised the neo-liberal economic theory within the text of the Italian Constitution, and its implementation domesticated external constraints deriving from the European Monetary Union. Italy cut social expenditures, increased taxes, and shrunk social rights. Political and social tensions and concerns about the protection of fundamental social rights enshrined in the Italian Constitution ensued shortly after the amendment’s passage. The Italian Constitutional Court has played a pivotal role in addressing such tensions, prompting an intense scientific debate on the role and powers of the judiciary, as well as on the traditional legal theories concerning positive rights.
Coastal Joyce
Authors: Allen Nicholas 
Published: December 2020

Abstract
Coastlines shape all of Joyce’s books, which are all immersed in water. Images of liquidity and fluidity are central to Joyce’s practice, while the physical and historical geography of Ireland in his works is connected together by the construction of watery links. This geography extends to the mental coordinates of the characters themselves, many of whom are linked to other places by the sea and its commerce, joins that become visible on Dublin’s quays and foreshores. This chapter situates Dubliners and A Portrait of the Artist as a Young Man by the coastal curve from Howth head to Kingstown, an arc in which much of Joyce’s writing is set, Dublin an aqua city that had, by the beginning of the twentieth century, dwindled in significance to Britain’s oceanic empire.
Heaney Offshore
Authors: Allen Nicholas 
Published: December 2020

Abstract
This chapter reads Seamus Heaney’s engagement with water, liquidity, and shore and coastlines throughout his poetry. Seamus Heaney is so familiar as the laureate of Mossbawn and its extended enclosures that his poetry seems impossible to uproot from its locality. The northern countryside that nourished, and often troubled, his imagination is a dominant metaphor for the poet’s ideas of family, community and, by extension, nationality. Under-observed in all this is another element in Heaney’s writing, which is the use of water as a medium to imagine other kinds of human association. Water is a key image throughout Heaney’s work in the form of rivers, streams, bogs, lakes, and oceans; it is there at the beginning as a drip from the farmyard pump, and there again at the end in the eel fishery at Lough Neagh, as this chapter discusses in close readings of his poems.
Wavy Rhythms
Authors: Allen Nicholas 
Published: December 2020

Abstract
The idea of other islands on farther shores resides deep in the traditions of Irish literature and goes back to phases of mythology, exploration, and odyssey. In the modern period this dispersal has happened from economic necessity, which has depended in turn on innovations in the technology of travel. The transit overseas was shaped by Ireland’s traumatic historical experiences, and this complex panorama is background to many works of Irish literature, both historical and contemporary. At the same time, an interest in the sea crossings that were the bridge between Ireland and its emigrants’ destinations is a subject in itself, as are the many port cities into which these temporary mariners filtered on disembarkation. This chapter reads versions of the sea-crossing to New York in fictions of Joseph O’Connor, Joseph O’Neill, and Colum McCann, all of whose works suggest the idea of the Atlantic as a place of continual transit.
Introduction
Authors: Paterson Sarah 
Published: December 2020

Abstract
Chapter 1 briefly maps the traditional contours of the debate between economically orientated and progressively orientated scholars of US corporate reorganization law. Specifically, it identifies a group of concepts which have come to embody the disagreement between these scholars. It introduces the argument in the book that these concepts are less salient when certain adaptations of corporate reorganization law are examined, and that policy and analytical missteps arise if they continue to be adopted uncritically. It further introduces the comparative aspect of the book, which examines why different issues have arisen for scholars, practitioners, judges, and the legislature examining English corporate reorganization law. Moreover, it identifies what purpose the comparative approach serves for the work as a whole.
Had There Been a Papist
Authors: Ferraro Thomas J. 
Published: December 2020

Abstract
This opening chapter revisits Hawthorne’s foundational The Scarlet Letter to initiate a proto-Catholic mode of inquiry and to leverage a renegade Catholic sense of divinity already at work within the Protestant American reflexive imagination. It begins with the recognition that The Scarlet Letter is mandatory not only because the novel has been used as the primary scene of instruction, top to bottom, in what constitutes true, and truly American, religion—correct conviction, just action, clear conscience—but also because, countermanding that instruction, the novel makes the bodily experience of spirit—a felt consecration of sexuality, including its violence—the litmus test for religious matters, in anticipation of Robert Orsi and the new religious historians. This chapter initiates a three-part experiment in analytical counter-exegesis: it explores the Marian-Catholic force of Hester’s felt sexual consecration, radiant motherhood, and supernatural issue (her daughter Pearl); it re-identifies the origins of Hawthorne’s story of homosocial stalking (Chillingworth) and ratcheted-up guilt (Dimmesdale) in the ancient Mediterranean folk tales of wandering prelates, cuckolded husbands, and murderous vengeance; and it presses beyond the transcendentalist claims of Hawthornian symbolism (that letter “A” on Hester’s smock) to discover and effect his nascent practice of material sacramentality. Tutoring a shift in the reader’s relationship to the novel, the chapter instigates an alternative mode of anti-Puritan dissent than Emersonian proto-feminist individualism, while practicing stylized criticism as a Catholicizing of criticism—establishing not only content (text, archive, value) but form, including modes of evidence, channels of access, and strategies of address, for a Catholic criticism.
Virtual Subjects, Fugitive Selves
Authors: Ganeri Jonardon 
Published: December 2020

Abstract
Fernando Pessoa (1888–1935) has become many things to many people in the years that have passed since his untimely death. For some he is simply the greatest Portuguese poet of the twentieth century. For others he has gradually emerged as a forgotten voice in twentieth-century modernism. And yet Pessoa was also a philosopher, and it is only very recently that the philosophical importance of his work has begun to attract the attention it deserves. Pessoa composed systematic philosophical essays in his pre-heteronymic period, defending rationalism in epistemology and sensationism in the philosophy of mind. His heteronymic work, decisively breaking with the conventional strictures of systematic philosophical writing, is a profound and exquisite exploration in the philosophy of self. Virtual Subjects, Fugitive Selves draws together the strands of this philosophy and rearticulates it in a way that does justice to Pessoa’s breathtaking originality. In applying the new theory to the analysis of some of the trickiest and most puzzling problems about the self to have appeared in the global history of philosophy, in thinkers from the Buddhist, Chinese, Indian and Persian worlds, Virtual Subjects, Fugitive Selves is exemplary of a newly emerging trend in philosophy, that of philosophy as a cosmopolitan endeavour.
The Grammar of Subjectivity
Authors: Ganeri Jonardon 
Published: December 2020

Abstract
There is a commonly agreed way to articulate the logical form of a conscious state: it a state such that there is something it is like for a subject to be in it. This formula has the important virtue that it enables us to separate out two distinct aspects in the phenomenology of an experience: what is experienced, the ‘quality’ of the experience; and how it is experienced, that it is experienced as being for-a-subject. A careful examination of the syntax of the ‘what it’s like …’ construction reveals that the colloquial phrase ‘subject of experience’ is polysemic. On the one hand it might mean the subject in whom the experience is occurring. Let me call this the ‘locative of manifestation’. This host self, an inhabited self, is more commonly identified with the physical human being, or the human being’s brain or neuropsychological state, but Pessoa gives instead a phenomenological interpretation of the notion. The phrase might also mean the subject affected by the experience. The affected subject is the one to whom the experience is addressed, so I will call this the ‘accusative of manifestation’. The accusative of manifestation is, evidently, conceptually distinct from the locative of manifestation. Finally, the phrase might mean the subject who is undergoing the experience, the one who lives through the experience, the ‘dative of manifestation.’
Being at the Centre
Authors: Ganeri Jonardon 
Published: December 2020

Abstract
We can begin to unravel the enigma of heteronymy if we note that a rather similar puzzle arises in the context of dreaming. I may certainly figure within my own dream, and there is therefore a conceptual distinction between the dreaming subject and the subject-within-a-dream. But is it possible for me to have a dream such that, within the dream, I am a subject other than the subject I am? The puzzle is to know what makes it the case that in the dream I am X and not JG: on what grounds should we answer the question ‘Which one is me?’ J. J. Valberg’s proposal is to call attention to what he calls a ‘positional use’ of the first person, distinct from its mundane use as an indexical, and a corresponding positional conception of self. Using ‘I’ positionally, I am the one to whom all this is presented, the one to whom every phenomenal property is directed, or, as Valberg puts it, the one who is ‘at the centre’ of the manifold of presentation which he calls the experiential horizon. The positional conception of self is one which Pessoa quite explicitly puts at the heart of his philosophy. With the positional conception of self to hand, a solution to the enigma of heteronymy is available.
Building Subjects
Authors: Ganeri Jonardon 
Published: December 2020

Abstract
Panpsychists do not, nowadays, claim that everything exhibits psychological features but, more modestly, that psychological features are among the most fundamental features there are. A version of panpsychism is to be seen at work in one of the principal schools of Buddhism, the Abhidhamma of Theravāda philosophers writing in Pāli, and especially in the writings of the fifth-century scholar Buddhaghosa. Pessoa was, surprisingly, well acquainted with Buddhaghosa’s philosophy, even if he didn’t know it under that description. There are hints of the sort of psychological constructivism that we find so elaborately worked out in panpsychist Abhidhamma in some of Pessoa’s remarks. Yet within his heteronymic philosophy of self a quite different approach to the topic of ‘building subjects’ is available. In the pages of this book I have described in some detail one Ego Machine, one system capable of generating a conscious self: Fernando Pessoa. Any system with the capacity to create and simulate heteronyms is an Ego Machine. Evidently enough, only a self-conscious being which already is an I can be ‘an other I’. The question, then, is not how to construct subjects ex nihilo out of impersonal sensations, but rather how, as a subject, to make oneself into another subject.
The Cosmos and I
Authors: Ganeri Jonardon 
Published: December 2020

Abstract
Could it be the case that all of us as individual human subjects stand to one another as Caeiro stands to Reis and Reis to Campos: just as they are the multiple heteronyms of one and the same subject, Fernando Pessoa, so too we are all heteronyms of one and the same subject, a single cosmic subject? There is a famous line in the Chāndogya Upaniṣad which might be interpreted as saying something of the sort—tat tvam asi: you are that, that single cosmic subject, brahman. For the eighth-century Vedāntic philosopher Śaṅkara, whose reading of the Upaniṣads would much later establish itself in the popular imagination, the similarity is further reinforced because he provides a context of phenomenological simulation similar to dreaming and imagining, namely, māyā, ‘cosmic illusion’. Let me call the view that individual human subjects are heteronyms of a single cosmic self ‘heteronymic cosmopsychism’. Heteronymic cosmopsychism is different from the comparatively more common variety of cosmopsychism according to which the grounding relation between the single cosmic self and the multiplicity of individual selves is mereological, not heteronymic. Heteronymic cosmopsychism agrees with priority monism in rejecting a monistic existence thesis, differing from it only as to the nature of the grounding relation, sidestepping the problems that bedevil priority cosmopsychism because its grounding relation is not one of decomposition.
International Standards for Derivatives Trading and Clearing
Authors: Quaglia Lucia 
Published: December 2020

Abstract
This chapter discusses the elemental regimes on derivatives trading and clearing. These international standards remained rather ‘thin’ due to the absence of pace-setting jurisdictions and the foot-dragging of some jurisdictions; disagreements amongst regulators; and the push back from the financial industry. Furthermore, exchange and platform trading were not crucial to mitigate systemic risk. Clearing via central counterparties was crucial to mitigate systemic risk. However, other interlinked standards, notably, bank capital and margin requirements, were used to promote central clearing. Precise, stringent, and consistent international standards were not sponsored by the ‘great powers’, which adopted instead domestic regulatory reforms that had considerable extraterritoriality. Securities market regulators gathered in the IOSCO found it difficult to reconcile different views among more than one hundred member jurisdictions. Furthermore, these regulatory reforms—first and foremost centralized trading—were contested by parts of the financial industry because of their distributional implications.
International Margin Standards for Non-centrally Cleared Derivatives
Authors: Quaglia Lucia 
Published: December 2020

Abstract
The elemental regime on margins for derivatives not cleared through CCPs was added later on to the international regulatory agenda. The US was a pace-setter at the international level and a first-mover at the domestic level in promoting relatively precise, stringent and consistent margin requirements. The EU supported the US international standard-setting efforts, but adopted domestic regulation after international rules were set. There were no foot-draggers, even though several jurisdictions on the fringe were reluctant followers. Domestic regulators gathered in international standard-setting bodies facilitated the ironing out of differences amongst and within jurisdictions. Transgovernmental networks also fostered rule consistency, helping to manage the regime complexity resulting from several interlinked elemental regimes on derivatives. Margins were heavily contested by the financial industry, which mobilized to make them less precise and stringent. Private actors also urged regulators to consider this reform in conjunction with other post-crisis standards, notably, capital requirements.
The Most Powerful Protections
Authors: Van Harten Gus 
Published: December 2020

Abstract
In this chapter, it is elaborated how ISDS treaties give extraordinarily broad and powerful protections to foreign investors, but not to others, many of whom are far more vulnerable. The protections go well beyond those available for victims of torture, for example, who rely on relatively weak international safeguards to protect them from abuse by states and corporations alike. The treaties establish these protections without creating corresponding responsibilities for foreign investors. Often, they allow foreign investors to avoid courts and adjust their nationalities to access ISDS, while closing the ISDS process to all but the investor and the sued country’s government. For most people, the best hope for protection, even if a faint one, lies with the institutions of their own country, the very institutions that ISDS is used to intimidate and constrain.
Special Access to Public Funds
Authors: Van Harten Gus 
Published: December 2020

Abstract
In this chapter, it is explained how investor–state dispute settlement (ISDS) treaties give protections to investors that would be impossibly expensive to provide to all. This more favourable treatment bolsters the position of investors within the state by allowing them alone to invoke billion-dollar risks to threaten governments. Further, the arbitrators who decide whether to award compensation to an investor have an apparent financial interest in doing so, since they depend on investors for future claims and business. This pro-claimant incentive extends to lawyers, experts, and arbitration houses that play important roles in ISDS. Judicial oversight is limited or non-existent; indeed, courts themselves can be condemned by ISDS arbitrators, and compensation ordered, without further judicial review. Under many treaties, compensation can even be ordered in secrecy, thus hiding the implications of the treaties’ inequality.
Intimidating Sovereigns
Authors: Van Harten Gus 
Published: December 2020

Abstract
In this chapter, the impact of investor–state dispute settlement (ISDS) on countries is examined more closely. Examples are given of how governments have changed their decisions to favour investors under ISDS pressure. As knowledge of ISDS continues to grow, state institutions face more pressure to avoid offending those most able to finance claims. Predictably, governments have responded to ISDS by institutionalizing ‘regulatory chill’; that is, by reconfiguring the state apparatus to privilege the ultra-wealthy, creating immeasurable potential losses for those who do not own wealth abroad. It is now reasonable to expect that such chill happens in all countries exposed to ISDS claims by wealthy investors and having at least some institutional capacity to identify and manage the risks.