bluuebunny/crossref_metadata_2025_split huggingface dataset:
Mistake
Authors: Virgo Graham 
Published: June 2024

Abstract
This chapter examines mistake as a ground of restitution within the Law of Unjust Enrichment. It defines a mistake and distinguishes between mistakes and mispredictions. The chapter further examines the different tests of mistake encompassing liability mistakes and fundamental mistakes and concludes that the ‘but for’ test of causation is now recognized. It considers the operation of the test of mistake of law and particular issues relating to the restitution of gifts made by mistake. It examines the role of mistake in vitiating contracts and considers when mistake can operate to make a transaction voidable, particularly for misrepresentation and in Equity.
Exploitation
Authors: Virgo Graham 
Published: June 2024

Abstract
This chapter examines exploitation, not a ground of restitution in its own right but a general principle on which a number of specific grounds of restitution are founded. It particularly focuses on undue influence and the continued relevance of the distinction between actual and presumed undue influence. The complexity of seeking restitution where the undue influence has been exerted by a third party is analysed. The remedial consequences of undue influence are considered. The chapter also examines abuse of fiduciary relationships of confidence, the doctrine of unconscionable conduct, and whether the doctrine of gross inequality of bargaining power is recognized in English law.
Restitution for Torts
Authors: Virgo Graham 
Published: June 2024

Abstract
This chapter identifies the torts for which gain-based remedies can be awarded. It considers the doctrine of waiver of tort and the growing significance of negotiation damages and examines whether it is a compensatory, restitutionary, or a hybrid remedy. The doctrine of waiver of tort is assessed. Torts for which gain-based remedies are available are examined, including trespass to land and the variety of remedies available for this tort. Other torts which are examined include torts relating to the wrongful interference with goods, interference with intellectual property rights, nuisance, deceit, bribery, misuse of private information, and breach of statutory duty.
Establishing Proprietary Restitutionary Claims
Authors: Virgo Graham 
Published: June 2024

Abstract
This chapter is concerned with restitutionary claims relating to the vindication of proprietary rights. It considers the justifications for the recognition of such a claim and then the requirements to establish the claim. It is first necessary to establish that the claimant had a proprietary base in property received by the defendant. This might be a property right recognized at Law or a proprietary right created in Equity. Equitable property rights might be created by an express trust, by a resulting trust, or by a constructive trust. Once the proprietary base is established, it is necessary to follow or trace the value of property into the defendant’s hands. The tracing rules are considered at Law and in Equity, including rules about backwards tracing. Finally, the future of the tracing rules is assessed.
The Defence of Bona Fide Purchase
Authors: Virgo Graham 
Published: June 2024

Abstract
This chapter considers the defence of bona fide purchase, when and when it is not available, its function, its ambit at Common Law and in Equity, the conditions for establishing the defence, and whether it is a general defence or one which only applies to claims to vindicate property rights. The conditions for establishing the defence at Law and in Equity are examined, particularly as to the meaning of good faith and when the defendant can be considered to have provided value for a transfer of property. Details of the operation of the defence and its particular characteristics are also examined.
Passing On and Mitigation of Loss
Authors: Virgo Graham 
Published: June 2024

Abstract
This chapter considers whether there are, and if not whether there should be, any defences in English law which operate by reference to changes in the circumstances in the claimant after the defendant’s receipt of the benefit. There are two possible defences which, if they are recognized, would operate in this way. The first defence discussed in the chapter is known as passing on. The arguments for and against the recognition of such a defence are examined. The second defence is known as mitigation of loss. Again, the arguments both for and against the recognition of this defence are considered.
Limitation Periods and Laches
Authors: Virgo Graham 
Published: June 2024

Abstract
This final chapter first considers the operation of limitation periods as a general defence to different types of restitutionary claim. The important question of from when time to bring a claim starts to run is assessed and the significance of a claim being founded on mistake or fraud is then analysed. Particular issues relating to restitution for wrongs and proprietary restitutionary claims are also analysed. The chapter then considers the role of the equitable defence of laches, the function of the laches defence, and when it might be applicable. Finally, the chapter considers the reform of the law on limitation.
Inquiry Under Bounds
Authors: Thorstad David 
Published: June 2024

AbstractHerbert Simon held that the fundamental turn in the study of bounded rationality is the turn from substantive to procedural rationality. Theories of substantive rationality begin with normative questions about attitudes: what should we prefer, intend, or believe? By contrast, theories of procedural rationality begin with normative questions about processes of inquiry: how should we determine what to prefer, intend, or believe? If Simon was right, then the central task for theories of bounded rationality is to develop an account of rational inquiry for bounded agents. We need, that is, a theory of inquiry under bounds. Inquiry under bounds takes as its starting point a five-point bounded rationality program inspired by recent work in cognitive science. To elaborate and defend that program, I argue, we need an account of rational inquiry for bounded agents. Inquiry under bounds develops an account of rational inquiry for bounded agents: the reason-responsiveness consequentialist view. I use this account to clarify and defend key insights from the bounded tradition as well as to shed light on recent controversies in the epistemology of inquiry.
The zetetic turns
Authors: Thorstad David 
Published: June 2024

AbstractThis chapter relates my project to a recent zetetic turn in epistemology from the study of doxastic attitudes toward the study of theoretical inquiry. I argue that the zetetic turn in epistemology should be seen as part of a broader procedural turn in the study of bounded rationality from the study of attitudes toward the study of inquiry. If this is right, then we can draw lessons for the epistemology of inquiry by reflecting on what we have learned about bounded rationality. I show how the discussion in this book yields five insights for the epistemology of inquiry. I close by noting that our practical attitudes, no less than our doxastic attitudes, are produced by bounded and constrained processes of inquiry. Taking the procedural turn requires making a second zetetic turn within practical philosophy, from the study of practical attitudes toward the study of practical inquiry.
Neuroscientific Principles Underlying Psychotherapy
Authors: Matheson Rebekka 
Published: June 2024

Abstract
Medications change behavior through biology, but psychotherapy changes behavior through what, exactly? Intuitively, these paradigms of treatment for mental illness belong to different dimensions: brain and mind. Inevitably, though, trying to pin down a non-biological mechanism for psychotherapy is as frustrating as it is tempting. There is no meta-realm of behavior that bypasses biology. Psychotherapy is a physical, biological intervention, recruiting and working via biological mechanisms and changing the neurochemistry and neuroanatomy of the brain. This chapter focuses on bridging the perceived gap between the techniques of psychotherapy and the neuroscientific mechanisms by which they effect change.
Affect as a Foundation for How We Know and Understand the World
Authors: Anderson Travis , Steffen Patrick R. 
Published: June 2024

Abstract
Affect is the embodied representation of how we evaluate and value our situation in ways that are adaptive. Affect and mind are embodied, meaning that mind and body are intricately interconnected and interdependent, and affect is fundamental to how we understand the world and plays a key role in cognition. We don’t perceive the world objectively, rather we perceive the world subjectively relative to our physical sense capabilities and perceived needs. Given the impact of our affective understanding on our perceived reality, the world is literally a better place for those who are adaptively attuned to it. Our outlook and choices change the world we live in because there is no world apart from our lived perceptions of it. Therefore, our most important choices are those that concern how we affectively understand and orient ourselves toward the world, others, and ourselves. These concepts are discussed within the context of psychotherapy/psychophysiology integration.
The Biology of Personality and Stress
Authors: Hughes Brian M. , Howard Siobhán , Costello Aisling M. 
Published: June 2024

Abstract
When considering human resilience, it is helpful to consider biological capacities as well as psychological resources. Nowhere is this more conspicuous than with regard to the cardiovascular stress response. This chapter discusses the human cardiovascular stress response as an evolved psychophysiological coping resource. We examine the centrality of stress reactions in human coping, and the research examining cardiovascular adaption to stress. By considering how cardiovascular stress responses intertwine with personality, and with psychological experience more generally, we argue that optimal stress-responding will require an ability to react to challenge and to recover composure quickly. Psychosocial interventions for psychological stress should seek to harnass the human stress response, rather than to suppress it.
Using the Research Domain Criteria Framework to Conceptualize and Assess Personality
Authors: Steffen Patrick R. , Olsen Joseph A. 
Published: June 2024

Abstract
The Research Domain Criteria (RDoC) provides a promising framework for conceptualizing and assessing personality that can be used to develop an integrated theory of personality and a methodological approach to personality assessment that addresses key issues in psychotherapy and psychophysiology. The RDoC consists of six domains (negative valence systems, positive valence systems, cognition, social systems, arousal, and sensory systems) that develop across the lifespan as people are exposed to and interact with various environmental conditions, threats, and challenges. The RDoC framework significantly overlaps with major personality perspectives, and suggests novel approaches to personality measurement. For example, moderate responding is often ideal (e.g., too little or too much fear can be pathological), indicating an ideal point approach to assessment. The purpose of this chapter is to explore the RDoC as a framework for a personality theory to use in psychotherapy/psychophysiology integration, and to examine using an ideal point approach to personality assessment, with moderate responding as the ideal.
As I Lay Dreaming
Authors: Moss Donald 
Published: June 2024

Abstract
This case narrative illustrates the use of psychophysiological psychotherapy with a seventy-five-year-old man whose sleep was disturbed by vivid dream encounters with sexual partners. The dream encounters caused disturbance in his marriage of forty-six years. The psychophysiological psychotherapy utilized relaxation training, relaxation practice daily and at bedtime, physiological monitoring during therapy sessions, and a systematic desensitization process guided by physiological monitoring. With the psychotherapeutic and self-regulation-based interventions, the physiological and emotional reactivity to relationship cues was diminished, the disturbing dreams diminished significantly, and the couple improved their marital satisfaction.
From Fear to Solidarity and Elation
Authors: Rozin Orit 
Published: June 2024

Abstract
Israelis learned, when PM Moshe Sharett addressed the Knesset on October 18, 1955, that Czechoslovakia and Egypt had concluded a massive arms deal that would tip the balance of power against Israel, creating what policy makers believed would become an imminent military threat. In response, Israelis rushed to the Ministry of Defense with monetary and in-kind donations. A gift, Mauss argued, contains something of the giver’s identity and, as such, a present invariably creates a social obligation to offer something in return. Such a gift, which may also be a donation of time and effort in the form of volunteer work, thus creates a social bond between the people who take part in the exchange. Donating and volunteering had sweeping, infectious, and even competitive public effects. Citizens who contributed money fortified their sense of belonging and felt good about themselves as selfless and generous members of the collective.
Hampering Threadlike Pressures
Authors: Besharov Gregory 
Published: June 2024

Abstract
This chapter introduces transaction costs and institutional analysis. With costs of arranging, monitoring, and enforcing contracts, markets can be inefficient in comparison with other institutions. The chapter considers institutions from the perspective of repeated games, where the folk theorem provides an intuition that cooperation can be sustained over time to remedy market failures. Using the example of common-pool resources, it reviews the factors that affect resource management and compares informal and formal solutions. The chapter also considers how claims about markets made without institutional context, such as those concerning discrimination, can mislead.
The Meritocratic Challenge to Democracy
Authors: Ziliotti Elena 
Published: June 2024

Abstract
This chapter elucidates the ideal of political meritocracy. Confucian political meritocracy claims that the best way for contemporary East Asian societies with a Confucian heritage to have a political class at the national level that fosters the well-being of their people is through a system that selects and promotes political leaders according to their morality and expertise. While this system includes a democratic component, the choice of political leaders is fully or partially dependent on a meritocratic selection process. This chapter explains the historical origins of the ideal of political meritocracy in East Asia (primarily China) and details contemporary theories of political meritocracy. Finally, it assesses contemporary meritocrats’ ideas of a special legislative chamber, whose members are selected through meritocratic means, and Daniel A. Bell’s recent proposal for restricting the influence of democratic institutions to the local level, while national decisions are made by politicians who are exclusively appointed and promoted through meritocratic means.
Impact of FRBM on Development Expenditure under Capital Account of SNGs
Authors: Dwivedi Hari Krishna 
Published: June 2024

Abstract
The FRBM regime has had success in bringing subnational government debt under control, barring the last half decade. Moreover, the FRBM regime has improved transparency by mandating reporting requirements on borrowing. However, there is a flip side to this story, with the FRBM regime hampering states’ ability to allocate funds for development expenditure (DEVEX). How much of this is true is analysed and discussed in this chapter. The analysis reveals that over a fifteen-year period (January 2000–January 2015–16) various states had to cut back on DEVEX which includes social services and economic services. This had a direct and immediate effect on the well-being of states’ inhabitants.
Conclusion
Authors: Hendry John 
Published: June 2024

Abstract
This chapter begins by reviewing what can be learnt from the book as a whole: (1) in respect of the rapid broadening of the women’s movement and the involvement of women like Emily Davies in it, focusing on factors such as the growing influence of the broad church and the networks it provided, the work of the Social Science Association, and the institutional infrastructure of Langham Place; (2) in respect of the factors underlying activists’ choices of projects to pursue, and the subsequent division of the movement into several separate strands. Different motivations played out differently for different activists and underpinned their different priorities. The chapter next reviews responses to the women’s movement from across the spectrum from moderate liberal to moderate conservative opinion, represented by Hutton, Trollope, and Oliphant, and concludes by assessing and comparing the short-term and long-term accomplishments of the different strands of the movement.
South Asia, the British Empire, and the Rise of Classical Legal Thought
Authors: Chaudhry Faisal 
Published: June 2024

Abstract
The book considers the legal history of colonial rule in South Asia from 1757 to the early twentieth century. It charts a shift in the ontology by which notions and practices of sovereignty, land control, and adjudicatory rectification were aligned. This involved a transition from a formative period under East India Company rule focusing on ‘the laws’ more than ‘the law’. Underpinning the Company’s ontology of ‘the laws’ was an idea of absolute property that was translated into doctrinal terms as a duty of remitting rent more than any notionally physical dominion. Leaving property extrinsic to law, early colonial South Asia’s ontology of the legal was put on a very different footing from the Anglo-common law mainstream. In South Asia it was only after Company rule gave way to Crown Raj that conditions ripened for ‘the law’ to emerge as its own ostensibly irreducible institutional fact. As the book contends, among these conditions was the rise of what scholars have called classical legal thought. Even more than under the Company, then, under Crown rule there were two distinct forms of discourse through which the ontology of the legal was reconstituted around a globalizing notion of ‘the law’ as an object in its own right. These are identified in terms of one variety of—doctrinal—discourse through which propositions of the law could be verbalized and that had qualities of ‘operativeness’ and ‘administrability’ and another variety—of ordinary language discourse—through which propositions about the law could be articulated.
The History of British Colonial Rule in South Asia as a History of Legal Development
Authors: Chaudhry Faisal 
Published: June 2024

Abstract
The chapter discusses the problem the book addresses by starting with a question posed by H. L. A. Hart, ‘what is law?’ In doing so, it considers how the history of British domination in the South Asian subcontinent has proven liable to be conflated with a history of legal development. It thus situates discussion of colonial rule within the context of what Austrian jurist Hans Kelsen called the problem—or for him, pseudo problem—of the duality of law and the state. It also discusses scholarship on law and history in colonial India. The chapter ends by previewing the book’s own approach to these matters through its titular concerns with historical ontology and classical legal thought, exploring the former through reference to the ideas of philosopher Ian Hacking and the French post-structuralist Michel Foucault and the latter through reference to the work of legal theorist and historian Duncan Kennedy.
Beyond Law and History
Authors: Chaudhry Faisal 
Published: June 2024

Abstract
Chapter two extends the analytical work of chapter one by considering how the problems of the duality of law and the state and the failure of historians of modern South Asia to fully interrogate the law’s historicity are both species of the larger problem of naturalizing the law—of borrowing its own claims to being an ostensibly self-contained system of rational ordering according to norms. The chapter shows how this naturalizing tendency pervades almost all areas of learned discussion of the law, well beyond the study of South Asia, including in sociology, anthropology, philosophy, and socio-legal theory. In specific, it looks at sociological efforts to grapple with the problem of formal versus living law, anthropological efforts with that of state versus non-state law, philosophical jurisprudential efforts with that of law’s positivism versus normativity, and socio-legal theoretical efforts with that of law’s facticity versus validity.
From Contract to the Nascent Anthropological Discourse about Status
Authors: Chaudhry Faisal 
Published: June 2024

Abstract
Chapter eight continues charting the law’s emergence, turning from market governance to status relations in the domestic arena. Starting from the understanding of the law of status in classical legal thought, it highlights its evident difference from what historians of South Asia see as a ‘personal law’ confined to the religio-cultural realm already by the 1770s. The chapter then turns to how status was taken up in the ordinary language discourse of nascent sociologico-anthropological theorizing after 1857, focusing on Henry Maine’s equivocal version of the concept and its broader currency among those who formulated the Punjab’s ‘customary law.’ It concludes by starting to discuss the overfreighting of the Anglo-Hindu and Anglo-Muslim subsystems of the personal law after 1857. The chapter also argues that ordinary language discourse about status varied markedly from its doctrinal counterpart in a way that proved a key source of variation in how classical legal thought globalized.
Against the Liberal Order
Authors: Hirst Samuel J. 
Published: June 2024

Abstract
Against the Liberal Order is a history of interactions between the interwar Soviet Union and early Republican Turkey, and it documents a distinctly state-led international politics. It begins in the aftermath of the First World War, when the victorious Allies sought to build an interconnected world with connections regulated by Western-led multilateral organizations. In this formative moment, the most prominent challengers to the new liberal order were Soviet and Turkish revolutionaries. As Mustafa Kemal Atatürk took up arms in 1920 to overturn the terms of the Paris Peace Conference, Vladimir Lenin provided military and economic aid as part of a partnership that both sides described as anti-imperialist. Over the course of the next two decades, the Soviet and Turkish states orchestrated bilateral exchange in spheres ranging from aviation to linguistics. Most importantly, Soviet engineers and architects helped colleagues in Ankara launch a five-year plan and erect massive state-owned factories to produce textiles and replace Western imports. As they explored joint measures to accelerate development, Bolshevik and Kemalist elites gradually arrived at a statist alternative to liberal internationalism. Their improvisations reveal much about the international politics of the interwar period, and their solutions prefigured Moscow’s outreach to states in Africa, Asia, and Latin America in the Cold War and beyond.