bluuebunny/crossref_metadata_2025_split huggingface dataset:
Good Faith and the Exercise of Treaty-based Discretionary Powers
Authors: Linderfalk Ulf 
Published: August 2020

Abstract
This chapter addresses the significance of the requirement of good faith laid down in common Article 26 of the 1969 and 1986 Vienna Conventions on the Law of Treaties. Whereas colleagues have repeatedly stressed the foundational value of the concept of good faith in the law of treaties, much remains to be said about its particular legal consequences. Commenting upon the significance of good faith generally, international lawyers typically emphasize the importance of rationality and reason for the application of international law: when you hold an international right, or owe an international obligation, you are required to act in a reasonable and non-arbitrary fashion. As this chapter will rather put it, good faith stands for the idea of international law as a purposive endeavour. So interpreted, not only does good faith form, implicitly, a part of every treaty in force, but it also provides an exception to any treaty rule that confers a discretionary power, whether on a state, on an international court or tribunal, or an organ of an international organization. This chapter explores the further implications of this idea for the application of treaties generally and for the concept of international law.
The Myth of Judicial Independence
Authors: McConville Mike , Marsh Luke 
Published: August 2020

Abstract
This book on the criminal justice system is uniquely positioned to examine judicial claims to independence, the politics of the judiciary, the rule of law, and the role of the executive in the context of a democratic polity. The authors have mined the British government’s archival vaults to assemble records including official (previously classified) Home Office files and present a ground-breaking narrative. By tracking the relationship between senior judges and the Home Office from the end of the nineteenth century to the modern day, revelations concerning the politics of the judiciary and the separation of powers are unearthed. The book argues that the claims of the senior judiciary to be independent of the executive are invalidated by historical records and the theory and practice of the separation of powers (the ‘Westminster Model’) deeply flawed. Rather, at every material point, civil servants compromised the role of the senior judiciary’s decision-making. Moreover, with the passive endorsement of senior judges, the executive repeatedly misled Parliament as to the authorship and provenance of fundamental rules governing the relationship of the individual to the state in relation to police powers of arrest, detention, and questioning. The book also explores the past and continuing impact of all this to former colonial territories and traces the close liaison between key members of the senior judiciary and the state in reconfiguring the modern criminal process in a way which weakens defence lawyers, pressurizes defendants into pleading guilty, and undermines cardinal adversarial protections.
Constitutionalism and the Westminster Model
Authors: McConville Mike , Marsh Luke 
Published: August 2020

Abstract
This chapter evaluates the constitutional framework of the United Kingdom, revealing a disturbing new settlement of State power. In particular, it hones in on the ‘Westminster Model’ of government which advertises a strict separation of powers supposedly insulating judges from direct executive influence. An altogether different reality emanating from the archival trove of intergovernmental files is found; one which challenges the grundnorm of judicial independence embedded within the Westminster model of governance. Although Executive dominance of the judiciary runs contrary to basic texts and beliefs, this chapter lays out an alternative perspective which implicates the senior judiciary in subterranean policymaking that has led to the steady erosion of procedural due process. It examines where the Civil Service fits into this picture, and draws attention to its servants’ inherent shortcomings as ‘bureaucrats of the law’ having assumed responsibility in large part for the body of sub-standard work distributed under the misnomer: ‘Judges’’ Rules. It explains how, on the critical issue of an individual’s vulnerability when confronted by police power, civil servants, tasked with furthering the ‘public interest’, were far more adept at bolstering ‘police interests’, with backing from the then Head of the Judiciary (Lord Chancellor) and his Law Officers (the Attorney-General and Solicitor-General). By documenting key historical events that impacted upon the criminally suspected or accused, awareness of which has been muted or unknown, this Chapter explains how the doctrine of the Separation of Powers is contravened and the principle of judicial independence muddied to the point of non-recognition.
Feeling Revolution
Authors: Toropova Anna 
Published: August 2020

Abstract
Stalin-era cinema was a technology of emotional and affective education. The filmmakers of the period were called on to help forge the emotions and affects that befitted the New Soviet Person—ranging from happiness and victorious laughter to hatred for enemies. Feeling Revolution: Cinema, Genre, and the Politics of Affect under Stalin shows how the Soviet film industry’s efforts to find an emotionally resonant language that could speak to a mass audience came to centre on the development of a distinctively ‘Soviet’ genre system. Its case studies of specific film genres, including the production film, comedy, thriller, and melodrama, explore how the ‘genre rules’ established by Western and pre-revolutionary Russian cinema were rewritten in the context of new emotional settings. ‘Sovietizing’ audience emotions did not prove to be an easy task. The tensions, frustrations, and missteps of this process are outlined in this book with reference to a wide variety of primary sources, including the artistic council discussions of the Mosfil′m and Lenfil′m studios and the Ministry of Cinematography. Bringing the limitations of the Stalinist ideological project to light, Feeling Revolution reveals cinema’s capacity to contest the very emotional norms that it was entrusted with crafting.
Respect and Criminal Justice
Authors: Watson Gabrielle 
Published: August 2020

Abstract
Respect and Criminal Justice offers the first study of ‘respect’ in criminal justice in England and Wales, where the value is elusive but of persisting significance. The book takes the form of a sustained critique of the ‘respect deficit’ in policing and imprisonment. It is especially concerned with the ways in which both institutions are merely constrained and not characterised by respect. It emerges that they appeal to the word ‘respect’—relying on its inclusive ethos in official discourse when it is expedient to do so—but rarely and only superficially address the prior question of what it is to respect and be respected. Despite academic interest in the democratic design of these institutions in recent decades, respect is more akin to a slogan than a foundational value of criminal justice practice.
Reading around the Edges
Authors: Watson Sethina 
Published: August 2020

Abstract
This chapter re-evaluates the place of hospitals in canon law by looking at the period c.1140–c.1275, the critical era that witnessed, simultaneously, the charitable revolution and the consolidation of classical canon law. It surveys the main—and conflicting—hypotheses for the development of hospitals in law at this time, to unearth an underlying problem: lack of explicit canon law for hospitals. The chapter goes on to argue that this absence of law provides the key to understanding welfare houses under the church. It was the consequence of the church’s inability to claim a general jurisdiction over hospitals and so to address them in canon law. This inability provides a key to reading law, as the general papal councils reveal. Lateran IV (1215) offered a call for alms to provide for the poor in hospitals, while Alexander III’s Lateran III (1179) offered Cum dicat Apostolus, an argument for the ecclesiastical defence of leper-houses that made no mention of the places themselves. In a similar fashion, Lateran II (1139) issued a decree against false nuns that aimed to stamp out a problem (and opportunity) fostered by the growing number of hospitals. Together, they reveal both the constraints and the imaginative legal activity of councils, who reached beyond the facilities themselves to solicit others to act. The implication, the chapter concludes, is that councils could act on people, not places, and that welfare facilities were places, not communities.
Carolingian Claims and Innovations
Authors: Watson Sethina 
Published: August 2020

Abstract
How, then, was this Western form accommodated in Carolingian law and practice? This chapter explores the jurisdictions under which xenodochia sat and traces the development of mechanisms in Lombardy, Rome, and Francia to guard and police these facilities. It explores, first, the many potestates under which xenodochia might rest. Since the council of Chalcedon (451), the church had declined to take welfare houses under an ecclesiastical jurisdiction, depriving bishops of any general supervisory authority. This created unusual challenges for the palace, bishops, and councils, who had to craft means to prompt into action and admonish the many different people who were responsible for individual welfare foundations. The chapter then identifies initiatives to formulate statements in law and even policies for xenodochia. Most significant was a programme of reform laid down at the council of Olona (825) under Wala, abbot of Corbie, the product of Frankish agendas and Lombard practice. This initiative was then taken to Rome where Eugenius II fashioned a papal response in 826. The silence of councils in Western Francia was finally broken at Meaux-Paris in 845/6, where the early work of the Pseudo-Isidorian forgers is here detected. In its wake, the last Frankish councils offer several bold statements regarding hospitals.
The Lexical Exercises of W. H. Auden
Authors: Gaudern Mia 
Published: August 2020

Abstract
This chapter takes its title from ‘A Bad Night (A Lexical Exercise)’, which establishes an ambiguity between the poem as a communicative and a philological entity. With reference to formalist theories and their critiques, an investigation is made of Auden’s understanding of philology as ‘the most poetical of all scholastic disciplines’ in relation to his use of obscure diction, particularly in his later poetry. This diction resists all attempts to read it as a method of obstructing or facilitating communication; rather, its historicity makes communication possible (with the help of the OED) without guaranteeing its efficacy.
Conclusion
Authors: Gaudern Mia 
Published: August 2020

Abstract
What does it mean to say that Auden, Prynne, and Muldoon’s poetry accords a special value to obsoleteness, against the backdrop of the etymological fallacy? Obsoleteness demonstrates that language is always in contention, thus destabilising both the poet’s seeming control of language and their critics’ seeming penetration of it. But the speculation, difficulty, and pedantry that is the result does not abstract this poetry beyond use: rather, its appreciation of obsoleteness constitutes a new commitment to the uses of language poetic form leaves behind, turning etymological virtuosity into poetic virtue. By way of Derrida and a recent book on Auden by Andrew W. Hass, this study is brought full circle: coming to terms with obsoleteness is understood as a coming to terms with synchrony, which gave the etymological fallacy the momentum Auden, Prynne, and Muldoon carry through into poems that show us how language is both always beyond them and constantly being reclaimed.
Cynicism and Hope
Authors: Walker Greg 
Published: August 2020

Abstract
This chapter offers a new reading of this powerful humanist interlude. It argues for Heywood’s authorship in collaboration with his father-in-law John Rastell, who also printed the play. It reads the play in the context of humanist debates about the injustices of contemporary society, and demonstrates that the epilogue effectively reverses the pessimism about the prospects of enacting thoroughgoing reform that characterizes the latter parts of the play. Setting the play in the context of the fall of Wolsey, the summoning of the Reformation Parliament, and the elevation of More to the chancellorship, it argues that the play was written and revised over the autumn of 1529, reflecting the newfound optimism about social reform generated in those months.
Selfless Intervention
Authors: Ryngaert Cedric 
Published: August 2020

Abstract
This monograph investigates how the international law of state jurisdiction can be harnessed to serve interests common to the international community. The author inquires how the purpose of the law of jurisdiction may shift from protecting national interests to furthering international concerns. Such a shift is arguably enabled by the instability of the notion of jurisdiction, as well as the interpretative ambiguity of the related notions of sovereignty and territoriality. At the same time, there is no denying that in the real world, ‘selfless intervention’ by states tends to combine with more parochial considerations. The author argues, however, that such considerations do not necessarily detract from the legitimacy of unilateralism, but may instead precisely serve to trigger the exercise of jurisdiction in the common interest. Eventually, he cautiously supports the exercise of selfless unilateral jurisdiction, provided that the risks of imperialism are mitigated by techniques of jurisdictional restraint. The shift towards selfless intervention in the law of jurisdiction is illustrated by four area studies regarding global environmental and human rights challenges.
The Selfless Exercise of Jurisdiction to Protect Human Rights and the Environment
Authors: Ryngaert Cedric 
Published: August 2020

Abstract
This chapter analyses how selfless jurisdictional intervention plays out in respect of two ‘global values’ or ‘common interests’ which occupy a central place in the contemporary global justice discourse: human rights and environmental concerns. In particular, the chapter zooms in on instances of unilateral jurisdiction aimed at regulating business activities which adversely affect human rights and the environment. It is divided into four parts: the exercise of port state jurisdiction over foreign-flagged vessels engaged in illegal, unreported or unsustainable fishing, or which endanger the marine environment on the high seas; the imposition of trade measures in pursuit of global environmental objectives; the exercise of adjudicatory jurisdiction over corporate human rights abuses; and the territorial extension of data protection legislation to protect citizens’ data privacy from abuses committed and facilitated by Internet intermediaries.
The ‘Feel Good’ Event
Authors: Jakimow Tanya 
Published: August 2020

Abstract
Collective forms of affect shape the possibilities for selfhood and the affects engendered in encounters with others. This chapter examines two different types of collective affect shaping community development in Medan, Indonesia. A moral atmosphere of ‘each giving a share’ hangs over and infects programme activities, making volunteers sticky with suspicion and susceptible to arousing cynicism in others. In contrast, the affective practices of volunteers generate a different tone, engendering feelings that reaffirm their actions as making a positive difference in the lives of others. The collision between these forms of collective affect have two implications for power configurations in development. First, collective conditions determine the differential capacity/susceptibility to affect and be affected. Second, the ability to shape collective forms of affect often (but not always) map on to existing social hierarchies.
Injury
Authors: Jakimow Tanya 
Published: August 2020

Abstract
Encounters between ‘beneficiaries’/residents and volunteers reveal overlooked ways that power shapes community development in Medan, Indonesia. Volunteers are susceptible to ‘affective injuries’: moments when one is impressed upon in ways that challenge one’s sense of self. Identifying volunteers’ susceptibility to be affected also reveals the capacity of beneficiaries and residents to affect local development agents. This chapter examines the potential of such susceptibilities and capacities to reverse conventional hierarchies in development, leading to a more bottom-up, responsive, and reflexive development practice. It finds that while there is potential, particularly when volunteers emphasize ‘care’ in their relations with others, volunteers are resilient to being affected by people occupying a marginal social position. The affective injuries sustained in their encounters with powerful others have more lasting effects.
Compulsion
Authors: Jakimow Tanya 
Published: August 2020

Abstract
This chapter examines how the differential capacity to affect and susceptibility to be affected shapes citizens’ access to resources in Dehradun, India. In encounters between municipal councillors and their constituents, affects are engendered that animate, mobilize or compel the former to accede to the demands of the latter, or alternatively, to ignore them. Voters’ capacity to affect in these encounters is not even, with some voters able to demand and receive more than their legal entitlements, while others are unable to secure their basic rights. The capacity to affect is therefore an important, yet overlooked factor in citizens’ ability to gain access to resources and services from the government, or their ‘entitlements’. The uneven force of citizens’ capacity to affect municipal councillors has the potential to reinforce, as well as disrupt existing forms of privilege and disadvantage.
Introduction to Effective Field Theories and Inflation
Authors: Burgess C. P. 
Published: August 2020

Abstract
The lecture notes presented in this chapter provide an introduction to inflationary cosmology with an emphasis on some of the ways effective field theories (EFTs) are used in its analysis. Topics covered in the chapter include introduction to cosmological backgrounds and fluctuations, including a brief discussion of inflationary models; general relativity as an effective theory; new issues raised by cosmology for EFTs, such as time-dependent backgrounds; and power-counting in cosmological EFTs. It also discusses issues surrounding the existence in the universe of both dark matter and dark energy, and the broader controversial question of their existence. It touches on the Hot Big Bang theory of cosmology, and the various types of particles believed to be 'elementary' at the temperatures of interest.
Effective Field Theories for Nuclear and (Some) Atomic Physics
Authors: van Kolck U. 
Published: August 2020

Abstract
These lectures are a pedagogical—not comprehensive—introduction to the applications of effective field theory (EFT) in the context of nuclear and atomic physics. A common feature of these applications is the interplay between non-perturbative physics (needed at leading order to produce non-relativistic bound states and resonances) and controlled perturbative corrections (crucial for predictive power). The essential ideas are illustrated with the simplest nuclear EFT, pionless EFT, which contains only contact interactions and, with minor changes, can be adapted to certain atomic systems. This EFT exploits the two-body unitarity limit, where renormalization leads to discrete scale invariance in systems of three and more bodies. Remarkably complex structures then arise from very simple leading-order interactions. It briefly describes some of the challenges and rewards of including long-range forces—pion exchange in chiral EFT for nuclear systems or Van der Waals forces between atoms.
Effective Field Theories for Heavy Quarks: Heavy Quark Effective Theory and Heavy Quark Expansion
Authors: Mannel Thomas 
Published: August 2020

Abstract
The heavy quark effective theory (HQET) and the heavy quark expansion (HQE) have developed into the standard tools in heavy-flavour physics. The lectures in this chapter introduce the basics of the approach and illustrates the methods by discussing some of their phenomenological applications. The chapter covers construction of the HQET Lagrangian, symmetries of HQET, HQET at one loop, and HQET applications to phenomenology. It also discusses HQE inclusive decays, operator product expansion (OPE), tree-level results, HQE parameters, QCD corrections, and end-point regions. It concludes by reiterating the enormous impact that both HQET and the HQE have had on particle physics phenomenology.
Solutions to Problems at Les Houches Summer School on EFT
Authors: Balsiger Marcel , Bounakis Marios , Drissi Mehdi , Gargalionis John , Gustafson Erik , Jackson Greg , Leak Matthew , Lepenik Christopher , Melville Scott , Moreno Daniel , Tammaro Michele , Touati Selim , Trott Timothy 
Published: August 2020

AbstractThis final chapter provides details of worked solutions to the various problems set by the lecturers during the course of the school; some of these problems appear within the chapters of this book. This chapter also contains further exercises that were added after the school are not solved here; these are left as a challenge for the enterprising reader. Problems run the range of topics covered. These problems and solutions are associated with topics that include the introduction to EFT, renormalization theory, nuclear and atomic physics, Nambu–Goldstone modes, inflation, and large-scale structure, and how each topic relates to EFTs.
The Speaker’s Expectation of Trust
Authors: Goldberg Sanford C. 
Published: August 2020

Abstract
Given a speaker who tells one that p, there are ways of responding to what one is told whereby one wrongs (or does an injustice to) the speaker. This motivates the idea that a speaker is entitled to expect that her say-so not be responded to in those ways. Chapter 3 argued that this sort of normative expectation is the key to understanding the conversational pressure that bears on an audience who is told that p. Chapter 4 considers recent attempts to understand the source and scope of the speaker’s normative expectation. It argues that all extant attempts fail in this regard. The lesson that it takes from these failures concerns the main challenge of providing what is wanted: our account must illuminate how the interpersonal and pragmatic dimensions of the speech acts of telling and testifying interact with the epistemological dimension of testimony.
Redeeming Reconstruction
Authors: Shaheen Aaron 
Published: August 2020

Abstract
The chapter assesses the government-sponsored periodical Carry On, which frequently used the term “spirit” not just to describe the resilience of individual disabled veterans, but also the intellectual and artistic capabilities that distinguished Anglo-Americans from other races and ethnicities. In its run from 1918 to 1919,Carry On showcased the federal government’s new rehabilitative and vocational services by implicitly and explicitly drawing on evolutionary frameworks to show that only Anglo-American men were capable of transforming a prosthetic into a soul-enriching, civilization-advancing device. To make this point clearer, the magazine features several disabled African American soldiers, whose evolutionary stagnancy renders them unable to make prosthetics spiritually transformative instruments. Their depicted deficiencies are similar to the articles’ renderings of German primitiveness and brutality. In this light, the magazine shows just how slippery and manipulative racial codification could be in the opening decades of the twentieth century.