bluuebunny/crossref_metadata_2025_split huggingface dataset:
Equity and Institutions
Authors: Harding Matthew 
Published: June 2020

Abstract
This chapter discusses the significant facilitative role that equity occupies. Among equity’s main concerns are institutions, understood as arrangements or frameworks for human action that have some distinctive normative identity and are oriented to some purpose or goal. The key example is the trust. Many core trust doctrines have been developed to ensure the integrity of the institution of trusts themselves, rather than to bring about remedial justice in the setting of adjudication. Moreover, in developing new forms of trust, courts in equity do not remedy but rather facilitate, making possible more options through which donors can express their intentions. In this way, equity serves a compelling view of liberalism, according to which a measure of the justification of state action lies in its contribution to a social, economic, and political order in which people are able to live autonomous lives. One mode of autonomy-enhancing state actions is the multiplication of institutional options from which persons can chose.
The Equity of the Statute
Authors: Edelman James 
Published: June 2020

Abstract
This concluding chapter focuses on the doctrine of the ‘equity of the statute’, according to which courts can go beyond the literal meaning of a statute—either narrowing or broadening—in order to avoid perverse results. It distinguishes between two versions of the equity of the statute: an older one in which some external standard of morality is brought to bear to override the normal operation of a statute; and a more modern version of the equity of the statute in which statutory language is interpreted in a contextual manner and construed with a view to its purposes. Famous examples of the equity of the statute, in both versions, can be found in courts’ treatment of the Statute of Frauds. Although traces here and there of the older—independently moral—version of the equity of the statute can still be found, the chapter argues on grounds of separation of powers, rule of law, and judicial legitimacy, that the modern view is defensible and desirable, whereas new applications of the older version would be neither. Similar issues of equity arise with respect to all other instruments, notably including contracts, wills, and treaties.
Lachish
Authors: Melman Billie 
Published: June 2020

Abstract
Focusing on one archaeological mound, Tell ed-Duweir, in the lowland region of Palestine, in the vicinity of Hebron, identified as biblical Lachish, the fortress city in the kingdom of Judah, Chapter 4 moves between London, the Tell, and its neighbouring villages. The chapter is a history of a landmark excavation, which uncovers the variety of its archaeological, biblical, anthropological, social, and political layers. Drawing on a wealth of written and visual materials at the Wellcome Institute, the British Museum Archives, the Israel Antiquities Authority, the National Archives, as well as on the press and archaeologists’ records, the chapter relates the identification of the Tell as Lachish, the discovery of the famous Lachish Letters (in pre-Exilic Hebrew), and their effect on Biblical Archaeology and epigraphy, to the rise of new fields of knowledge such as physical anthropology and anthropometrics. The chapter argues that the excavation project was regarded by archaeologists as a means of modernizing rural Palestine and the lives of Palestinian peasants and labourers. It recovers the modernizers’ daily life on the Tell and their representations of it in writing, photography, and documentary films. It also recoups the process of the Tell’s expropriation, as a historical monument, by the mandate authorities. Alongside the reports of archaeologists like James Leslie Starkey (who was murdered on his way from the Tell to the opening of the new Rockefeller museum in Jerusalem), Olga Tufnell, and Charles Inge, the chapter recovers the voices of villagers as they are heard through their petitions to the government about their denied access to the excavated land.
The Homer of Romancy-Writers
Authors: Moore Helen 
Published: June 2020

Abstract
This chapter’s title quotes Margaret Cavendish’s description of Amadis and it explores the return to prominence post-1660 of Amadis’s relationship to French, rather than Spanish, literary culture. Don Quixote’s ‘witty abusing’ of chivalric romance is tempered from the 1650s by the importation of heroic romance from French and the development of ‘serious’ romance which defines itself in opposition to its Iberian forebears. Amadis became part of the Restoration refashioning of antebellum literary culture partly thanks to English writers’ experience of exile in France and the Low Countries. After the Restoration, Amadis continued to be a popular reference point in comedies, as the archetypal text of ‘amour and adventure’ and a window onto the lost world of Caroline theatre. Behn’s Luckey Chance (1686) and Farquhar’s The Inconstant (1702) are representative of this refashioning of the literary past, while D’Urfey’s Don Quixote plays of the 1690s look back to Jacobean stage satire.
Evolutionary Consequences of the Urban Heat Island
Authors: Diamond Sarah E. , Martin Ryan A. 
Published: June 2020

Abstract
As humans continue to modify the climatic conditions organisms encounter, downstream effects on the phenotypes of organisms are likely to arise. In particular, the worldwide proliferation of human settlements rapidly generates pockets of localized warming across the landscape. These urban heat island effects are frequently intense, especially for moderate to larger sized cities, where urban centres can be several degrees Celsius warmer compared with nearby non-urban areas. Although organisms likely ameliorate the effects of warming through phenotypic plasticity, the evolution of thermally sensitive traits may be an important yet underappreciated means of survival. Recent work suggests the potential for contemporary evolutionary change in association with urban heat islands across a diverse suite of traits from morphology to physiological tolerance, growth rate, and metabolism. This chapter reviews and synthesizes this work. It first develops a comprehensive set of predictions for adaptive evolutionary changes in morphology, physiology, and life-history traits driven by urban heat islands. It then evaluates these predictions with regard to the burgeoning literature on urban evolution of thermally sensitive traits.
Fragmentation in East Central Europe
Authors: Richter Klaus 
Published: June 2020

Abstract
The First World War led to a radical reshaping of Europe’s political borders like hardly any previous event. Nowhere was this transformation more profound than in East Central Europe, where the collapse of imperial rule led to the emergence of a series of new states. New borders intersected centuries-old networks of commercial, cultural, and social exchange. The new states had to face the challenges posed by territorial fragmentation and at the same time establish durable state structures within an international order that viewed them at best as weak and at worst as provisional entities that would sooner or later be reintegrated into their larger neighbours’ territory. Fragmentation in East Central Europe challenges the traditional view that the emergence of these states was the product of a radical rupture that naturally led from defunct empires to nation states. Using the example of Poland and the Baltic States, it retraces the roots of the interwar states of East Central Europe, of their policies, economic developments, and of their conflicts back to deep in the First World War. At the same time, it shows that these states learned to harness the dynamics caused by territorial fragmentation, thus forever changing our understanding of what modern states can do.
Yet Another Wire Entanglement
Authors: Richter Klaus 
Published: June 2020

Abstract
This chapter looks at the effect of territorial fragmentation, starting from the level of the local economy. Subsequently, it traces its repercussions to international politics, which led to the formation of a new international image of East Central Europe as inherently fragmented and particularistic. The chapter assumes a multi-dimensional approach to the creation of new borders between Silesia and Estonia through military developments, through bilateral, multi-lateral, or international dynamics, and puts a strong focus on local agency, e.g. in the case of merchants, who were among the most important agents to mitigate the impact of borders and re-establish severed networks. Moreover, the chapter explores how the proliferation of borders and scepticism concerning territorial size shaped a highly normative and pessimistic international discourse about the survivability of the new ‘small states’, which many regarded to be merely provisional states sooner or later to be reintegrated into recovering Germany and Russia
Dig Peat!
Authors: Richter Klaus 
Published: June 2020

Abstract
The chapter examines national policies to economically empower the titular nations and thus establish a national merchant class. It argues that these policies bore rather different results: the marginalization of minorities and the creation of states that were major economic agents. It explores how attempts of foreign powers to exploit the new Polish and Baltic states economically interacted with the emerging governments’ efforts to take control of the region’s raw materials from the disintegrating commercial monopolies of the German occupation. Using the example of timber and flax trade, the chapter retraces how territorial fragmentation spurred distinct policies that shaped states within East Central Europe, but also an international image of the region: the collapse of sovereignty spurred the commercial engagement of outside powers, which in turn contributed to domestic efforts to secure sovereignty, seal off the territory, and organize commerce within the titular nations.
The Land of the Enemy
Authors: Richter Klaus 
Published: June 2020

Abstract
This chapter focuses on policies to overcome the effects of fragmentation at a domestic level. It takes German wartime practices of expropriation as a point of departure to investigate forms of property redistribution over the course of the 1920s. Land reform acts formed the most comprehensive and successful policy to empower the titular nations and structurally integrate the different parts of the states’ territories. It traces the interaction of local experiences of expropriation with the League of Nation’s Minority Section and with broader international discussions about the changing nature of property norms and the relationship of property and territory. Disenfranchised ethnic Germans relied on German nationalists, who used the case of land reform to promote a revision of the East Central European territorial order. Yet National Socialism, the land laws of which surpassed their counterparts in Poland and the Baltics regarding their radical character, ultimately made this support impossible.
Europe's Passive Virtues
Authors: Zglinski Jan 
Published: June 2020

Abstract
This book investigates the phenomenon of deference to Member State authorities in EU free movement law. It enquires into the decision-making latitude which the European Court of Justice grants national institutions by means of two deference doctrines: the margin of appreciation and decentralized judicial review. At the same time, it sheds light on a number of broader developments in European law. These include changes in the intensity of judicial review, the relationship between centre and periphery, the interaction between political and adjudicative processes, and the division of powers between EU and Member State courts. Drawing on an original data set of free movement cases from 1974 to 2013, the book examines how and which decisions the Court defers to national institutions. It tests the impact of twelve variables on the practice of judicial deference. The results reveal that free movement law and the internal market have substantially changed over the past four decades. The Court has scaled down its involvement in and reduced its control over Member State affairs. The book argues that these new-found ‘passive virtues’ are linked to the legal, political, and institutional changes that have taken place in the EU.
Accountability in EU Security and Defence
Authors: Moser Carolyn 
Published: June 2020

Abstract
This book offers the first comprehensive legal analysis and empirical study of accountability concerning the EU’s peacebuilding endeavours—also referred to as civilian crisis management. Since 2003, the EU has launched more than twenty civilian missions under the CSDP in conflict-torn regions in Eastern Europe, the Western Balkan, sub-Saharan Africa, the Middle East, and South East Asia with the aim of restoring stability and security. Mission mandates cover a broad range of multidimensional tasks, such as border monitoring, rule of law support, police training, law enforcement capacity building, and security sector reform. In light of these numbers and tasks and given (recent) alarming insights from practice, it begs the question who is accountable (to whom) for the EU’s manifold extraterritorial peacebuilding activities. With a view to answering this question, this book combines tools of legal scholarship with insights from political science research, both in analytical and conceptual terms. The thorough analysis of the law and practice of political, legal, and administrative accountability in civilian CSDP leads to the following conclusion: when scrutinizing the institutional and procedural framework set out by law, the accountability assessment is sobering, but when approaching it from a practice angle, the verdict is promising—in particular as regards accountability at the EU level.
Unpacking the Civilian Dimension of EU Security and Defence
Authors: Moser Carolyn 
Published: June 2020

Abstract
This chapter introduces the policy context (international security architecture) and the policy area (EU foreign affairs, security, and defence) of civilian CSDP, and moreover provides an in-depth study of the policy tool of EU peacebuilding (civilian crisis management). The chapter explores in particular the delegation dynamics at work, which have produced the distinctive legal, institutional, and operational environment of the CFSP and CSDP. The analysis demonstrates that civilian CSDP is intergovernmental in conception, but Europeanized through practice. Next to unravelling the idiosyncratic governance features of civilian CSDP, the chapter provides a detailed overview of the main actors in EU civilian crisis management. Moreover, peacebuilding activities are demarcated from other external activities of the EU (ie development and AFSJ activities). The chapter closes with legal arguments and pragmatic considerations that highlight the importance of accountability in EU civilian crisis management.
Accountability: A Complex Concept for a Compound Policy Tool
Authors: Moser Carolyn 
Published: June 2020

Abstract
This chapter unpacks the conceptual and analytical framework of this book on accountability in EU security and defence. Accountability is first delineated as a corollary to holding (public) power and conceptualized as a three-stage mechanism. In a further step, accountability is contextualized in the particular setting of international relations, characterized by executive governance, which is the habitat of EU peacebuilding activities. The chapter then turns to accountability catalysts and inhibitors, namely institutional design, the accountability architecture, and information-sharing modes. Subsequently, the chapter offers a taxonomy of accountability in civilian CSDP by mapping actors and potential fora, both at the strategic and operational level. Prior to outlining the overall research agenda of this study, the chapter addresses analytical and practical challenges for (studying) accountability in the subject area, notably the restrictive information disclosure policy regarding EU security and defence matters.
Administrative Accountability: Separate but Complementary Fora
Authors: Moser Carolyn 
Published: June 2020

Abstract
This chapter is dedicated to administrative accountability regarding the civilian dimension of EU security and defence. It first decorticates the administrative environment of civilian CSDP. The scrutiny covers institutional, legal, and procedural components (reporting lines and attribution schemes, disciplinary arrangements, etc). The chapter then outlines the small role national authorities play in administrative accountability. Thirdly, the assessment concentrates on the role of the European Ombudsman as a quasi-judicial accountability forum for both individual complaints and overall administrative questions. The evaluation of the Ombudsman’s role is followed by a study of the dual function of the European Court of Auditors, which simultaneously fulfils an auditing and a consultative function. Finally, the chapter discusses the complementarity of the Ombudsman and the European Court of Auditors.
Civilian Crisis Management in an Accountability Crisis?
Authors: Moser Carolyn 
Published: June 2020

Abstract
This chapter brings all the findings of this volume together. The point of departure was the finding of a de jure–de facto discrepancy regarding peacebuilding activities carried out under the CSDP: while the formal institutional and procedural features of EU peacebuilding are fundamentally intergovernmental, its administrative and operational realities have become Europeanized. This development prompts the question to what extent the transfer of powers by Member States to Brussels-based EU civilian crisis management structures has been matched with the establishment of appropriate accountability mechanisms at the European level. With a view to answering this interrogation, the chapter provides a concluding overview of existing accountability arrangements—political, legal, and administrative in nature—from both a de jure and a de facto perspective. The core finding is that while there is a considerable accountability deficit existing in law, this deficit has incrementally been countered by practice. As a result of this de facto readjustment of accountability, checks and balances are stronger at the EU than at Member State level, and individuals have de facto better—even though not perfect—judicial and administrative redress options at the supranational level. The conclusions further sketch out lessons learned, both for theory and practice, and provide an outlook on accountability in (civilian) CSDP.
The EU Automated State Disassembled
Authors: Curtin Deirdre 
Published: June 2020

Abstract
The use of automated personal information collection systems by states has gradually succeeded more traditional and ad hoc ways of collecting, storing, and processing information. At the same time, interoperability as a system of relations between different state authorities at different governance levels in the European Union and involving data collected for different purposes cumulates and exacerbates problems of accountability and transparency. This chapter goes beyond a discussion of how accountability has evolved for certain distinct institutions and actors, such as, for example, Europol, to highlight the fuzziness and disconnection with accountability mechanisms that result from the collection, sharing, and use of shared data both at the European level and at the joined-up national level. Shoehorning interoperable databases into existing forms of individual legal protection is unlikely to provide a satisfactory and permanent solution. In making visible the missing link between information and existing accountability forums, a conversation can hopefully begin among public lawyers on how to link information provision within the contours of more assembled accountability structures in the future.
Introduction
Authors: Mangham Andrew 
Published: June 2020

Abstract
An outline of the way in which the nineteenth century invented the idea of hunger as a physiological and material phenomenon whose radical epistemological powers were constructed across literature, medicine, and physiology, this Introduction seeks to offer an outline of how the book’s reading of the social-problem novel will draw on the methodologies associated with literature and science, new materialism, and somatic (bodily) or anthropological realism. It also introduces how the social novels of Kingsley, Gaskell, and Dickens promoted the development of knowledge and sympathy through both an emphasis on the material sufferings of the starving and a detailed analysis of what it means to go hungry, and to observe and to write about it in a way that seeks to be truthful.
Defining the Scope of the Hearsay Rule in Criminal Cases: A Comparative Perspective
Authors: Choo Andrew L-T 
Published: June 2020

Abstract
This chapter offers, from a comparative perspective, a consideration of possible approaches to defining the scope of the hearsay rule in criminal cases. In The Principles of Criminal Evidence (1989), Adrian Zuckerman called for a more flexible approach to criminal hearsay doctrine than that prevailing in England and Wales at the time. Some three decades later, the major common law jurisdictions retain rules that have the effect, broadly speaking, of presumptively excluding hearsay evidence in criminal cases. There has been considerable judicial and academic focus in recent times on issues associated with the exceptions to such exclusionary rules. This chapter examines a related question that, although fundamental, has attracted far less attention and remains relatively under-explored: what is, and what should be, the precise scope of the rules that presumptively exclude hearsay evidence in criminal cases? It is noted that the decision of the Supreme of Court of Canada in R v Baldree (2013) offers a radically different approach to this question from that taken in the Criminal Justice Act 2003 (England and Wales), the US Federal Rules of Evidence, the Australian uniform evidence legislation, or the Evidence Act 2006 (New Zealand). In the light of a consideration of the approaches taken in various jurisdictions and the implications of these approaches, the chapter concludes that the Canadian approach provides the most sensible basis for possible reform. Some suggestions on the way in which the relevant law in England and Wales might be reformed are also offered.
Common Law Principles and the Expression and Use of Forensic Evidence in Criminal Cases
Authors: Ligertwood Andrew 
Published: June 2020

Abstract
The presentation of expert forensic science evidence in rigorous statistical terms raises the question of how lay fact-finders (judges and jurors) might employ such evidence to prove events in issue. Can this simply be left to the common sense of fact-finders or should the law provide further guidance about how they should reason in applying the criminal standard of proof? Should courts demand that witnesses who give statistical evidence express that evidence in a particular form? This article examines the non-mathematical nature of common law fact-finding and its embodiment in the presumption of innocence principle underlying the criminal standard of proof. It argues that forensic scientists present evidence in a form that makes transparent the risks of error so that, in determining satisfaction of the accused’s guilt having regard to all the evidence before it, the fact-finder considers the reasonable possibility of doubts necessarily left open by statistical evidence.