bluuebunny/crossref_metadata_2025_split huggingface dataset:
Principles Underlying The Recognition of The Grounds of Restitution
Authors: Virgo Graham 
Published: June 2024

Abstract
This chapter identifies the reasons for the recognition of grounds of restitution, with reference to those which are claimant-orientated (involving absence of intention to benefit, vitiation of intention, and qualified intention), those which are defendant-orientated, and those which are policy-based. The particular ground of free acceptance is considered and rejected. The chapter also considers whether the orthodox grounds of restitution should be rejected in favour of recognizing a principle that restitution should lie if there was no legal basis for the defendant’s receipt. This principle is analysed and rejected because it is inconsistent with the state of the authorities and cannot be justified for policy and theoretical reasons.
Incapacity
Authors: Virgo Graham 
Published: June 2024

Abstract
This chapter examines the reasons which justify the recognition of incapacity as a ground of restitution in its own right and the extent to which the claimant’s incapacity is recognized as a ground of restitution within the Law of Unjust Enrichment and why this might be the case, with regards to vitiation of intention and public policy. The relevance of the claimant’s mental incapacity is examined, as is the impact of the claimant’s minority on a restitutionary claim. Intoxication and somnambulism are also considered. Finally, the chapter examines where the claimant is a public authority and whether its incapacity can operate to obtain restitution from the defendant.
Criminal Offences
Authors: Virgo Graham 
Published: June 2024

Abstract
This chapter considers the extent to which the commission of a crime may result in a restitutionary response or one involving the disgorgement of the proceeds of a crime. It considers the extent to which the victim of a crime can obtain a gain-based remedy. Then restitutionary claims brought by the State are considered, with particular reference to legislation to confiscate the proceeds of crime. Finally, the principles relating to the denial of benefits arising from the commission of a crime are examined, with particular reference to the forfeiture rule and the denial of benefits arising from the commission of homicide.
Editors’ Introduction
Authors: Moss Donald , Steffen Patrick R. 
Published: June 2024

Abstract
This book introduces research and clinical approaches to the integration of psychotherapy and psychophysiology. The book highlights concepts in neuroscience and autonomic physiology which illuminate what happens in therapeutic transformation. The authors emphasize that interventions impacting brain and nervous system can accomplish much that we expect from psychotherapy. For example, compassion training and heart rate variability training not only impact autonomic regulation but also impact sub-cortical brain systems. Integrating such interventions as preparation for psychotherapy or as an integral part of therapy, can enhance therapeutic benefits. The book provides both a theoretical framework supported by current research in neuroscience and psychophysiology, and a practical guide for mental health practitioners in the clinic, who seek to utilize mind–body interventions in psychotherapy. The theoretical framework includes an emphasis on an embodied unitary concept of affect and cognition, an evolutionary approach, and an integration of interpersonal, affective, relational, and biological perspectives.
Therapist Flexibility
Authors: Lehrer Paul M. 
Published: June 2024

Abstract
This paper briefly reviews the history of various forms of nondrug therapy, some emphasizing cognitive processes, some behavioral, some relational, some psychophysiological. Evidence is presented for specific effects of various therapy modalities on particular symptoms, respectively, cognitive, behavioral, relational, and psychophysiological. Of these, the psychophysiological component is often de-emphasized or absent in current clinical psychology training and practice. The specific contributions of psychophysiological therapy components are reviewed. These include intensive progressive muscle relaxation as originally taught by Edmund Jacobson, autogenic therapy, and various forms of biofeedback. Expertise in all therapy components is deemed necessary for maximal therapist effectiveness and flexibility.
Compassion as an Integrative and Integrating Therapeutic Process
Authors: Gilbert Paul 
Published: June 2024

Abstract
For thousands of years humans have sought to find ways to help other humans with difficult and distressing mental states. With the advent of modern psychotherapy there has been a proliferation of approaches to helping people with various mental states. Compassion-focused therapy (CFT) seeks to be an evolution-informed, biopsychosocial approach that pulls from all the relevant sciences. CFT proposes that the evolution of caring and prosocial motives and behaviors came with a range of physiological systems that help us regulate threat emotion. These same systems serve as sources of meaning and positive affect (e.g., affection, social joy). CFT utilizes evidence-based interventions from a range of therapies but contextualizes them within compassion motivational systems thereby integrating the physiological mechanisms for threat regulation and positive affect generation into psychotherapy. Since compassion is specifically focused on the identification, alleviation, and prevention of suffering, this chapter argues it needs to be a central focus within psychotherapy.
Emotions of Conflict, Israel 1949-1967
Authors: Rozin Orit 
Published: June 2024

Abstract
Israel’s citizens have had to cope with the emotional challenges of the threats their country has faced during its first two decades. The book unpacks the history of citizens’ emotions—an analysis of the reports about how they felt and of the emotional regime—the emotional repertoire designed by political leaders and cultural agents wishing to mold the feelings of Israeli citizens. Policy makers—Prime Minister and Defense Minister David Ben-Gurion first and foremost—sought to fortify the spirits of Israelis and to inculcate an emotional regime that would rise to the challenges of the new frontier state. Israel’s emotional regime was meant to mitigate fear, foster preparedness, and instill a shared feeling of purpose, belonging, and solidarity; it served as foundation for the political elite’s ideology and nurtured a model of citizenship. This emotional regime imbued Israelis with a sense of moral rectitude and equipped them with tools to manage their fears and, in extreme cases, despair. Most significantly, it met the human need for existential meaning in times of crisis, meaning that is essential to overcome the fear of impending death. Yet the emotional regime sometimes failed, as in the cases of immigrants unable to acculturate and adopt Israel’s norms and practices and soldiers and citizens unable to withstand the thirst for revenge. The perspective of the history of emotions leads to hitherto untapped and nuanced insights about the weaknesses and strengths of Israelis, and reveals new connections between identity, morality, state-sanctioned violence, politics, and law, along with a new understanding of the motivations behind policy makers’ decisions.
Introduction
Authors: Besharov Gregory 
Published: June 2024

Abstract
This chapter introduces the key ideas of microeconomics developed in the book, not only proven results but also informal insights that are less often discussed. Starting with a simple supply and demand model, it surveys taxation, market failures and their correction, and finally implications of transaction costs and institutions. From applied topics in net benefit analysis, prohibited markets, and free trade, it describes the difficulties of determining efficiency because of second-best considerations and asks when market efficiency is desirable. A focus throughout is on simplifying assumptions, ethical judgments, and how the ideas of microeconomics relate to reality.
Accounting for Tastes
Authors: Besharov Gregory 
Published: June 2024

Abstract
This chapter addresses statements about the social good in microeconomic models. It begins with the individual preferences that are at the heart of the welfarist approach, with an emphasis on rationality. It defines the Pareto criterion, shows how to use it, and discusses why it is insufficient to reach a specific conclusion. From there, it discusses how statements about the social good are generally limited, as proven by Arrow’s Impossibility Theorem. The chapter also considers richly described states of the world, preferences over them, including altruism, and their implications for efficiency. Last, it compares positive and normative analyses.
Wrong Prices from Taxes
Authors: Besharov Gregory 
Published: June 2024

Abstract
This chapter uses price distortions from commodity taxes to develop intuitions about how markets allocate resources efficiently—and inefficiently. In models with no distortions, a tax on a good prevents the full gains from trade from being realized. With other taxes in place, the same tax could be beneficial by the logic of the general theory of the second best, that in the presence of multiple distortions, the elimination of a single one has ambiguous consequences. The chapter probes how optimal tax rates depend on elasticities of supply and demand as well as other factors. It also discusses the informal principle that taxes should have a broad base and low rates.
A Tale of Two Valuations
Authors: Besharov Gregory 
Published: June 2024

Abstract
This chapter develops the technique of net benefit analysis with a focus on situations where people can die. In the standard microeconomic approach, valuing the lives of people equally is inefficient, and the chapter discusses valuation by revealed preference and stated valuation. It introduces the key concepts and series of steps in net benefit analysis, with an emphasis on necessary simplifications and ethical judgments. The example of cigarette taxation explores the concepts of efficiency, market failure, welfarism, the general theory of the second best, the values of the market, and the bedrock assumption of rationality.
Conclusions
Authors: Besharov Gregory 
Published: June 2024

Abstract
This chapter summarizes the contents of the book, from market efficiency, to market failures, to their correction, to informational limitations, to institutional considerations. It begins by reviewing the treatment of the social good, with particular attention to the use of market values to make moral choices such as in valuing lives. It then reviews the key insights of microeconomics, both formal and informal. In evaluating analyses, the assumptions not made can be difficult to appreciate, so the chapter offers a list of questions that can be asked. It ends with a discussion of how readers can choose to interpret microeconomic analyses.
Meritocratic Democracy
Authors: Ziliotti Elena 
Published: June 2024

Abstract
This book offers a new theory of democracy that advances debates on democracy and political meritocracy by synthesizing the best of contemporary Western democratic theory and Confucian political theory. The general questions that this book poses, and attempts to answer, are: can findings in Western democratic theories be used to address the Confucian meritocrats’ concern for the ability of democracy to produce desirable outcomes? What is the relationship of political leaders with democracy? Can insights from Confucian political theory be used to reconceptualize how political parties in democratic societies ensure that their leaders use their power for common political goals? The answer to these questions is the theory of democracy defended in this book: meritocratic democracy. Meritocratic democracy comprises three main propositions: (a) Democratic rule is epistemically superior to meritocratic forms of government; (b) Contemporary democracies need public-spirited political leaders; (c) A system of partisan juries that preselect the candidates running for the party leadership can bring about public-spirited leadership. Meritocratic democracy opens a path for a global debate on democratic theory by exemplifying the inherent capacity of political theorization to transcend boundaries between various philosophical standpoints, and highlighting its potential for constructive reciprocal contestation.
China and Singapore
Authors: Ziliotti Elena 
Published: June 2024

Abstract
This chapter concludes the book’s first part by questioning Daniel A. Bell’s empirical claims that China and Singapore offer evidence for the success of political meritocratic governance. First, I show that Bell’s comparison of China with Western democracies is inappropriate. While China and several Western democracies are presently confronted with similar political challenges, the performances of China and Western democracies have responded to different indicators of good government in the past decades. Second, I contend that it is dubious that Singapore is an example of political meritocracy because, since the 1980s, the government has made efforts to integrate public opinion within the decision-making process. The chapter examines the increasing public participation in decision-making since the 2011 Singapore general election.
Implications for Political Theory and Neighbouring Fields
Authors: Ziliotti Elena 
Published: June 2024

Abstract
This chapter concludes the book. It summarizes the overall argument defended in the book and discusses the contributions of this book to the field of Western democratic theory and debates on Confucian political theory. Meritocratic Democracy presents Western democratic theory with new normative opportunities: it urges Western democratic theorists to reflect on the role of political leaders and proposes a novel solution to overcome the limitations of democratic institutions that control the quality of political leaders. To debates in Confucian political theory, Meritocratic Democracy shows that the space for engagement between meritocratic and democratic principles is wider than we thought, allows Confucian democrats to hold on to the concern for people’s material well-being, and illustrates the need for more research to establish how Confucian principles can be directed to crucial democratic institutions and political agencies. The chapter also reflects on the implications for further theoretical and empirical studies. Finally, it argues that because the present book proves the normative justifiability of intra-party ethical screenings of future political leaders, the next step is empirically testing this proposal.
Emily Davies and the Mid-Victorian Women's Movement
Authors: Hendry John 
Published: June 2024

Abstract
This book combines the first scholarly biography of Emily Davies, a central figure in the mid-Victorian women’s movement, with a radically new account of that movement, focusing on its rapid growth, increasing acceptance, and subsequent division. With Emily Davies as its focus, it traces the movement as it grew from a small network of radical Unitarian families in the 1850s into a major presence in the intellectual life of Britain in the 1860s, cutting across religious and political boundaries. At the centre of operations, the socially and politically conservative but fiercely determined Davies found common ground with the leading intellectual churchman of the day and understood better than most of her colleagues the values that led people to resist change, even while accepting at least part of the women’s case. As the movement grew in size and influence it came to encompass a growing range of social and political ideals and priorities, and by the 1870s it had effectively split into three separate strands, each with its own subdivisions, one focused on legal change and women’s rights, one on the protection of vulnerable women, and one on the improved education of girls and young women. Following Davies’s particular priorities and strategic instincts, the book focuses on the battle for secondary and especially university education, but the achievements of all three sets of campaigns are assessed and compared in the context of the different priorities guiding them.
Joining the Movement
Authors: Hendry John 
Published: June 2024

Abstract
This chapter explains how Emily Davies became aware of and came to join the emerging women’s movement. During the illness of three of Davies’s four siblings, in the course of which she accompanied her brother Llewelyn to Algiers to bring back another brother, dying of tuberculosis, she met Barbara Bodichon’s sister, who enthused about the new movement. Llewelyn, meanwhile, had married wealth and moved into a large London house in the same square as Bodichon’s. Emily could now visit London and mix with the women in Langham Place. Elizabeth Garrett, encouraged by Emily Davies and drawing heavily on Llewelyn Davies’s Christian Socialist and broad church connections, began her attempts to qualify as a doctor; Jane Crow moved to London to work for SPEW and Davies tried to establish a SPEW outpost in Gateshead and Newcastle. In 1861 John Davies died, freeing Emily to move permanently with her mother to London.
The Education of Girls
Authors: Hendry John 
Published: June 2024

Abstract
Beginning with a survey of the state of girls’ secondary education in the 1860s, this chapter explores Davies’s efforts in mid-decade to bring about change, primarily through the medium of the Schools Inquiry Commission, which had been set up with the intention of reviewing boys’ grammar schools. In public she made a case for change that was reasoned and fundamentally conservative, accepting rather than challenging established views on the role of women in society and arguing how men could be best served by giving middle-class girls the same education as their brothers. In private she lobbied to have girls’ schools included in the SIC’s work; built up a network of the most advanced schoolmistresses of the day; created an organization through which she could assert authority; and worked closely with the SIC secretary and assistant commissioners to build up the evidence needed to convince the commissioners of her case.
‘A Good Age for Retiring into Private Life’
Authors: Hendry John 
Published: June 2024

Abstract
This chapter focuses on the early years of Girton College, during which Davies was reluctant mistress. It explores the challenges, mainly of her own making, that she faced in that role, as she attempted the maintain the degree of control she had exercised in setting up the launching the college, within the context of a maturing institution. It covers her decision to retire as mistress and return to a more private, behind the scenes role; her continuing involvement both with the college and its attempts to secure proper Cambridge degrees; and, in later years, her renewed active involvement in the suffrage movement. It also tracks the successful culmination of her long campaign for the admission of women to London University degrees, and related developments.
From Plassey to the Permanent Settlement in the Company’s Bengal
Authors: Chaudhry Faisal 
Published: June 2024

Abstract
This chapter addresses the East India Company’s rule in the Bengal Presidency and how discourse about property in the colonial public sphere focused less on absolute dominion than absolute security in the proprietor’s control over rent. It considers how the Company’s unique brand of ‘absolute’ property talk was translated into a unique species of doctrinal discourse focused on revenue payment, following from the Company’s founding political economy of surplus appropriation and a precociously ‘modern’ emphasis on entitlement to abstract value. The Company’s property discourse was, thus, consonant with an older discourse about the forms that political constitutions could take, being more alike than different with respect to how they arranged the alignment between sovereignty, land control, and practices of adjudicatory rectification. For these ‘constitutionist’ outlooks the most discernible shape of a distinctly legal normativity was in the guise of the laws, not the law as a system.
Crown Rule and the Legalization of Property
Authors: Chaudhry Faisal 
Published: June 2024

Abstract
This chapter opens part III, turning to the period after 1858, and continues the re-examination of the colonial rule of property. It begins with key changes accompanying the Company’s dissolution as a long period of price depression lifted and the 1859 Bengal Rent Act was passed. By incorporating newly powerful lower strata into the state’s administrative reach agrarian special legislation like the 1859 Act marked a shift away from the Raj’s founding political economy of surplus extraction through the land tax. It also was indicative of a gradual internalization of property into the ontology of the legal, as the holders of landed entitlement legible to the colonial state expanded. Ultimately, these shifts yielded a new doctrinal discourse of property finally more commensurate with a notion of legal right in general, thus enabling a fuller convergence of the legal history of colonial rule with that of the Anglo-common law mainstream.
Revolutionary Diplomacy
Authors: Hirst Samuel J. 
Published: June 2024

Abstract
This chapter offers a broad survey of Soviet-Turkish diplomatic relations between 1919 and 1939, and it argues that Bolshevik and Kemalist elites developed a partnership with bilateral and interstate forms that carried political meaning. Allied intervention in the former Russian and Ottoman empires prompted Soviet-Turkish cooperation, which moved beyond pragmatism as it evolved in response to two alternatives. The first was cross-border initiatives beyond state control: the Russian and Ottoman imperial governments had frequently clashed, and their rivalry had involved appeals across borders to ethnic and religious groups. Between 1919 and 1921, the revolutionary elites in Moscow and Ankara agreed that suppression of conflict required them to abdicate rival claims to influence in the Caucasus and curtail ties to non-state actors abroad. Secondly, the Bolsheviks’ and the Kemalists’ bilateralism was a response to the multilateralism of liberal internationalism and the League of Nations. It was as a reaction that they pioneered non-aggression and neutrality agreements to provide a framework for economic development. The chapter tracks the relationship through the 1930s, to the breakdown of Soviet-Turkish bilateralism just as jointly built factories were opening their doors. Although bilateralism had proved a successful framework for cooperation in the context of the Paris Order of the 1920s, it lost its meaning as great power rivalry returned to the European continent.
Setting the mould
Authors: Mitra Subrata K. 
Published: June 2024

Abstract
The post-colonial state of India was born as a dominion in 1947; was baptized as a republic in 1950, and, took concrete organizational shape in the decade that followed. The Congress party ruled in all the States of India with a brief exception in Kerala (1957–59). This helped the union Ministry of Home Affairs elicit support of the States for major legislative initiatives like the reorganization of States, the three-language formula, and the Hindu Code Law. The 1950s witnessed the first firm steps towards building an institutional mould in which Nehru’s vision of a secular, modern, democratic, Indian state could be cast. The national leadership decisively moved towards creating a cohesive nation, territorial integration, citizenship, and economy, and public security during the foundational 1950s. Analysis of the declassified files of the Ministry of Home Affairs and its Annual Reports undertaken in this chapter shows the inner dynamic of the system.