bluuebunny/crossref_metadata_2025_split huggingface dataset:
Contractual Obligations
Authors: Briggs Adrian 
Published: April 2024

Abstract
In this chapter the rules of the conflict of laws for contractual obligations are examined, and explained. The common law approach to the proper law of the contract is taken as the point of departure. The definition of contractual obligations, and of civil and commercial matters, which are both terms of art in the retained Rome I Regulation are then examined in detail. The nature of choice of law by the parties within the framework of the Regulation is measured and compared/contrasted with the approach which was taken by the common law. The particular regimes for special types of contract are examined (that for contracts made by consumers is shown to be in particular need of reform or reconsideration). The solution to questions of contractual formation contained in the retained Rome I Regulation is shown to be principled and far better than the alternatives. The conflicts rules for contracts not within the scope of the Rome I Regulation are briefly examined.
Non-Contractual Obligations
Authors: Briggs Adrian 
Published: April 2024

Abstract
In this chapter, the rules of the conflict of laws for non-contractual obligations are examined, and explained. The chapter starts with a survey of English, and other, approaches to the conflict of laws rules for torts, and explains how none of them seems to be satisfactory. The Private International Law (Miscellaneous Provisions) Act 1995 is briefly mentioned, and its rules for finding the applicable law viewed favourably. The retained Rome II Regulation is then examined in relation to torts and to unjust enrichment, negotiorum gestio and culpa in contrahendo. The real difficulties created by a conflicts rule which uses the place where the damage occurred are exposed. Some solutions are proposed, but the rule is assessed to be one which has not worked as well as might have been hoped for. The approach to concurrent contractual and non-contractual obligations is shown to be rational and advantageous.
Introduction
Authors: Hopkins Robert 
Published: April 2024

Abstract
The phenomenon that forms the central topic of the book, sensory imagining, is introduced and distinguished from other forms of imagining. Four features of its phenomenology are described, by way of laying down some initial constraints that a theory should meet. There follows a brief review of some of the views that have been prominent in the history of philosophical discussion of the topic. That focusses on Sartre and Ryle’s theories of sensory imagining since the problems facing those positions allow us to draw lessons that any alternative must heed. Finally, we are offered a sketch of the argument to come.
Imagining and Agency
Authors: Hopkins Robert 
Published: April 2024

Abstract
Some imaginings are actions, others apparently are not—they come to us unbidden, even against our will. Is imagining a genus that splits into active and passive species, or is all imagining in some way connected to agency? This chapter defends the latter view. It does so by exploring two aspects of imagining, first as a power subjects possess, and second as an occurrence that actualizes that power. Viewed as a power, imagining exhibits in each of us a distinctive ‘shape’—a set of features its possible actualizations exhibit. That shape is broadly the same across active and passive imaginings. The best explanation is that in each of us both passive and active imaginings actualize a single power. But is it a power to act that sometimes misfires, or a passive power that results in action given the right circumstances? To answer, we turn to imagining as an occurrence. Here various ways to avoid splitting the genus have been proposed. Some claim that every imagining is an action. Others say imagining is always subject to the will. Others again say that imagining is always ‘spontaneous’. The chapter argues that the strongest defensible position is that, though not always controlled, imagining originates in that part of the self that in general exercises control. Since control is intimately tied to action, this line on occurrent imagining dovetails neatly with one of the views above about imagining as a power. The single power actualized in all imaginative occurrences is a power to act.
Observation, Overflow, and Attention
Authors: Hopkins Robert 
Published: April 2024

Abstract
In perception, we observe what we perceive. In imagining, we are not able to observe the things we imagine. This chapter defends this negative claim and refines a related contrast concerning overflow (how far the things we perceive or imagine exceed our awareness of them). In perception, observation may involve either adjusting perceptual relations to the object, or attending to certain of its features. In imagining, even an imagined change in perceptual relations never extends awareness of the imagined, at least, not in the form required for observation. Nor, the chapter argues, is it possible to attend to what we imagine.
Aesthetic Engagement, Imagining, and the Draw of the Real
Authors: Hopkins Robert 
Published: April 2024

Abstract
Paradigm cases of aesthetic engagement are perceptual: we engage with the aesthetic character of things by perceiving them. But is perception the only home for aesthetic engagement, or can we also aesthetically engage with things in imagination? Intuition suggests so. And intuition may seem to find support in Kant’s claim that what matters to aesthetic engagement is the character of our representations alone, not whether there is anything they capture. This chapter argues otherwise. Beginning with some simple thoughts about pleasure’s motivational structure, and what it motivates in the very different contexts of imagining and perceiving, it argues that imagining supports at best a pale shadow of engagement, and perhaps nothing worthy of the name. In consequence, if Kant’s claim is to be true, it will need careful interpreting.
Why study trust?
Authors: Seyd Ben 
Published: April 2024

Abstract
The chapter explores the importance of studying trust. It notes the invidious position we appear to be in today, where trust is seen as a vital democratic commodity, yet whose levels have declined in many countries. Given this challenge, it is imperative to be clear about some key aspects of trust. First, what does trust consist of; what is its nature? Second, to what extent has trust declined? Is there a general crisis of trust; if not, where do the particular problems of trust lie? Third, what are the consequences of low and declining levels of trust? Do these outcomes represent surmountable challenges to democratic political systems or signal a more fundamental crisis for these systems?
Is there a problem of trust?
Authors: Seyd Ben 
Published: April 2024

Abstract
This chapter provides a comprehensive picture of people’s trust in different state actors and institutions in Britain, of how levels of trust vary within the population, and of how far levels of trust have changed over time. The results point to declines in people’s trust in partisan actors but to stable levels of trust in other public actors. The chapter also explores how far changes in trust among British citizens have been mirrored among populations in other advanced industrial countries. The chapter concludes by summarizing the evidence and considering whether western countries, and Britain in particular, face a ‘crisis’ of trust.
Modern Exegesis of Philippians 2:6–7
Authors: Magree Michael C. 
Published: April 2024

Abstract
This chapter begins by examining early twentieth-century form-critical approaches to Philippians 2:5–11. These approaches saw these verses as a distinct piece of literature, likely pre-Pauline, and debated whether it pointed to a Christology that recognized Christ as pre-existing his human conception. Later representatives of the “New Perspective” on Paul frequently claimed by contrast that the lines were authored by Paul and also frequently claimed that Christ’s self-emptying was a key demonstration of divine love. Particular focus is given to the work of Michael J. Gorman, N. T. Wright, and Richard Bauckham, who see in kenosis a manifestation of Paul’s conviction that God desires to suffer with human beings because of who God is. At each stage, the presuppositions of the thinkers are examined in order to gain clarity about why certain interpretations are plausible in the modern period.
From Exemplary Individuals to Private Persons with Rights
Authors: Iurlaro Francesca 
Published: April 2024

Abstract
In early modern doctrines of ius gentium, the question of the individual’s position was particularly controversial. There are, however, two tendencies that can be observed in the legal reasoning of authors of the ius gentium tradition. The first trend is referred to in this chapter as an ‘exemplary conception of the legal status of individuals’; according to the second trend, boundaries between individuals and sovereigns are conceived as porous and are defined by expediency. Examining the prerogatives of individuals is a powerful means to reflect on sovereign powers and on the limitations of the distinction between ‘public’ and ‘private’ spheres.
From Re- to Demoralisation
Authors: Somos Mark 
Published: April 2024

Abstract
This chapter sets out to trace shifts and evolutions in the legal standing of the individual in international legal thought and practice between 1648 and 1789. In the period examined, the state of nature, legal epistemology, and recognition were the three key, interrelated but distinct concepts that framed debates and laws regarding the individual’s standing in international law. The chapter follows these concepts in the international thought of Thomas Hobbes, Richard Cumberland, Samuel Pufendorf, Christian Thomasius, Johann Gottlieb Heineccius, and Emer de Vattel, and examines the concepts’ applications in practices of war, the international legal order, sovereignty (including growing incompatibility between the sovereign’s two, public and private, bodies), reason of state, and human rights, especially protections of habeas corpus, and the right to freedom of religion.
Legal Positivism and the Individual in International Law
Authors: Hernández Gleider 
Published: April 2024

Abstract
Even if one is not methodologically positivist, an engagement with positivist legal thinking—in its most basic sense of studying posited or willed law—continues to form the bedrock of academic and practical thinking about the international legal system. The recent history of international legal positivism demonstrates, however, that any marginalisation of the individual has been due to its melding with a State-centred, consensualist vision of international law, which is not logically or methodologically necessary. Though there have been attempts to decouple international legal positivism from State-centrism, or to ground it purely in formalist reasoning, this chapter suggests that a vision of positivism as primarily methodological can open avenues towards the possibility of paradigmatic change in respect of the relationship of the individual and the foundations of international law.
A Marxist Account of the Individual in International Law
Authors: Veličković Marina 
Published: April 2024

Abstract
This chapter takes Marx’s account of the individual as its starting point and asks: can international law have a meaningful role in the transition from capitalism to communism, thus contributing to the establishment of material conditions necessary for full individuality? The chapter argues that it cannot because the logic of capitalism is embedded in its very form, making it impossible for international law to overcome its history of complicity in violence and dispossession. Whether, however, there are still ways in which individuals can use international law (specifically international human rights law) in struggles which are anti-capitalist and emancipatory is considered. This is explored in reference to the work of environmental activists in Bosnia and Herzegovina. The chapter concludes that while there may be some utility in using human rights to articulate radical demands in institutional settings, law cannot and should not be at the centre of emancipatory movements.
Intellectual Formation
Authors: Upton Robert E. 
Published: April 2024

Abstract
This chapter offers a new survey of the educational milieu in colonial Maharashtra and its evolution from the mid-nineteenth century, including a study of the institutions that had a formative effect on Tilak: the English-medium high school and above all Poona’s Deccan College, where he took his BA degree; this sets the scene for an account of the early life and education of Tilak himself. The ‘Europeanized’ milieu of Sanskrit studies Tilak encountered is of primary importance, as is the anglicized historical consciousness that these institutions propagated. Of particular significance in this intellectual milieu is the nexus of Bombay-based missionaries and orientalist scholars who developed and disseminated the Aryan theory of race in western India. This was a crucially important cosmopolitan intellectual framework that Tilak inherited. And indeed it was in this Bombay-based nexus that the standard applications of the Aryan theory to India—including the development of caste as a consequence of a prehistoric Aryan invasion—were developed, something not grasped in current literature.
Reforming Hindu Society
Authors: Upton Robert E. 
Published: April 2024

Abstract
This chapter looks at Tilak’s efforts to revive Hindu society, with a focus on caste identities and their relationship to social power and authority. It examines Tilak’s espousal of a radical kshatriyatva, ‘warriorness’, among all castes, a highly gendered identity reflecting concerns over lost manliness within Hindu society. The chapter is thus concerned with Tilak’s conception of masculinity and its relationship to individual and social power, forming a complement to studies examining Tilak’s dismissive views of the education of women. Tilak’s self-strengthening, martializing agenda, very prominent in the Gita Rahasya, also informed Tilak’s consistent calls for the military enlistment of Indians, even urging them immediately after his release from imprisonment for sedition to fight in the King-Emperor’s armies in the Great War. This was no egalitarian conception of caste identity, for Tilak was in fact hostile to the claims to social authority of self-professed kshatriyas themselves, and to distinct non-Brahmin political organization and representation. Rather, Brahmins, appropriating aspects of kshatriya identity, were the natural leaders of Hindu society, which would maintain distinctions between varnas, as shown by Tilak’s coolness to the eradication of untouchability and hostility to inter-caste marriage.
Conclusion
Authors: Upton Robert E. 
Published: April 2024

Abstract
This chapter offers reflections on the totality of Tilak’s output, focusing on his preoccupation with constructing a peculiar Indian modernity within which Brahmin agency was central. It also offers a characterization of Tilak as an intellectual, and in turn reflects upon what this suggests for the concept and practice of global intellectual history relating to modern South Asia. Tilak was both remarkably closely formed by some unreconstructed colonial intellectual categories and approaches, on caste and community, as well as in terms of textual authorities for Hindu dharma, and his perceptions of the weakness and passivity of the Hindu community of modern times; at the same time he was clearly marked by western Indological approaches to textual exegesis. Further, Tilak’s output demonstrates the importance of awareness of moments of imbrication between ‘exogenous’ ideas and those precolonial and often microregional argumentative forms and understandings, foregrounded anew in the context of new and pressing socio-political concerns under colonialism, as for instance the ethical implications of Hindu notions of cosmic time (specifically the Kaliyuga, last and degraded age in this cosmic cycle) show his engagement across time with contested and living Indic traditions. Equally, Tilak’s own conceptions of the ‘global’ also show him drawing on Indic terms and concepts, specifically using Vedanta to create a universalizable model of sovereignty. No less important is Tilak’s self-conscious role as global intellectual, engaging with cosmopolitan intellectual frameworks (for instance on Aryan history), itself an important criterion of ‘global intellectual history’.
Africa’s Chequered Journey to Constitutional Democracy
Authors: Nwabueze Ben 
Published: April 2024

Abstract
This chapter takes a brief look at Africa’s chequered journey towards constitutional democracy. Independence did not fully liberate Africans from the oppressive and de-humanising yoke of colonial bondage. The one-party state and military governments that came on the political scene after independence, like a menacing Leviathan, were equally as de-humanising. The chapter argues that doing away with dictatorship in the 1990s did not mean the same thing as installing sustainable democracies. Many of the entrenched regimes either merely went through the democratic motions or as newly democratic regimes succumbed to various forms of authoritarian reversion. The chapter points that of the five landmark events in African history, colonisation was the most far-reaching and devastating in its consequences because the continent is still held hostage to its colonial past, and may continue to be so held for an indefinite period of time. Another revolution, this time a social and ethical revolution, is needed to try to resolve the continent’s lingering and vexed problem of governance in this colonially created modern state system.
Introduction
Authors: Steytler Nico , Fombad Charles M. 
Published: April 2024

Abstract
This volume on Constitutional Identity and Constitutionalism in Africa brings a number of important research questions to the fore—historically, contemporarily, and prospectively. First, it raises the question of whether the concept of constitutional identity provides a useful optic with which to look at and appreciate African constitutions. The second question concerns the role of path dependency in forming constitutional identities. To what degree have colonial heritages shaped the constitutional identities that surfaced in independence and post-independence constitutional ordering? A third issue relates to the widening gap between most African constitutions—which in many cases incorporate fundamental principles of modern constitutionalism—and the actuality of practice. A fourth question is whether African traditional authorities and institutions are part of national constitutional identity-building or merely a sentimental cultural relic of the past with little relevance today? Closely related to this is the question of whether constitutionalism should form part of an African constitutional identity. These questions are addressed in the comparative and case studies.
Constitutional Identity and Constitutionalism in Africa
Authors: Fombad Charles M. 
Published: April 2024

Abstract
Debates about the identity of modern constitutions are not new, and for a while have attracted the attention mainly of Western scholars, particularly in Europe and the United States. The issue of an African constitutional identity in the post-1990 constitutional renewal and post-‘Rhodes Must Fall’ era raises the question of whether, at a practical level, existing constitutional paradigms, concepts, and normative ideologies are suited to developing a stable and sustainable constitutional system of governance founded on the basic principles of modern constitutionalism. This overview of the concept of constitutional identity considers several questions. What is constitutional identity? What are the prevailing theories of constitutional identity? What are their main characteristics and elements? The chapter also examines constitutional identity in the African context. It is against this background that the chapter considers the link between constitutional identity and constitutionalism in Africa.
Constitutional Checks and Balances in Traditional Africa
Authors: Ayittey George B.N. 
Published: April 2024

Abstract
The widespread fallacy that has endured over the centuries is the notion that Africa has neither history nor viable institutions and that its people laboured under tyrannical and despotic systems. This misconception is not only factually incorrect but also served as a perversely convenient alibi for the tyrannical regimes that proliferated in pre-colonial and postcolonial Africa. The purpose of this chapter is to debunk this mythology, one that has done incalculable damage to postcolonial development, by examining Africa’s indigenous political systems. The chapter discusses four main traditional polities: empires, kingdoms, stateless societies, and chiefdoms with centralised authority. These illustrate certain aspects of a distinctive African constitutional identity in the form of traditional checks and balances. The main contention is that the real tragedy today is not so much the European propagation of mythology about traditional Africa but its continuation by modern African leaders who established tyrannical systems in postcolonial Africa with no checks and balances. This aided and abetted the postcolonial destruction of Africa.
Constitutional Identity and Disruption in Contemporary Ethiopia
Authors: Kefale Asnake 
Published: April 2024

Abstract
Ethiopia has a long history of constitutions, with its first modern (written) constitution having been introduced in 1931. Since 1931, the country has continued to suffer from several constitutional disruptions. In the context of these frequent changes, there is a heated debate about the future prospects of the 1995 Constitution. This chapter argues that the problem of constitutional disruption, or discontinuity, may be explained by the absence of an overarching constitutional identity. A number of factors underlie the problem, with the following being of paramount importance: the first set of factors relate to the process and context in which the text of constitutions are produced; and the second concern the inability of constitution-makers to reconcile foreign ideas with the country’s socio-political identities and constitutional disharmonies. Unless these challenges are addressed, the formation of an enduring constitution will continue to be elusive.
Rooting Constitutional Identity in African Countries without Pre-colonial Institutional Traditions but with National Values
Authors: Pina-Delgado José 
Published: April 2024

Abstract
This chapter examines the experience of the Republic of Cape Verde’s constitutional law in recognising communitarian values as part of its constitutional identity. Beginning with an account of the country’s political and constitutional history before independence, the chapter analyses the context of approval and the main values of the fundamental laws that marked the former and current constitutional order so as to evaluate whether it reflects the cultural identity of the Cape Verdean people; it also emphasises the efforts recently taken by the Constitutional Court of Cape Verde in strengthening that connection and rooting constitutional law in the local creole identity and in certain institutional traditions developed since colonial times. The chapter concludes that the process of constructing Cape Verdean constitutional identity is the result of a patchwork of norms that represent (a) universal values; (b) regional values, both European and African; and (c) values created by the national experience of hybridisation.