bluuebunny/crossref_metadata_2025_split huggingface dataset:
The Netherlands
Authors: Reydams Luc 
Published: January 2010

Abstract
This chapter discusses universal jurisdiction in the Netherlands. The chapter is organized as follows. Section A presents a tour d’horizon of the ambit of the country’s criminal law. It then considers the standing victims in criminal proceedings and the application of the principles of double criminality, lex mitior, and ne bis in idem. Section B deals with cases of universal jurisdiction or with judicial decisions in which the issue was raised. Section C concludes with a brief summary of the chapter.
Senegal
Authors: Reydams Luc 
Published: January 2010

Abstract
This chapter discusses universal jurisdiction in Senegal. The chapter is organized as follows. Section A presents a tour d’horizon of the ambit of the country’s criminal law. It then considers the standing victims in criminal proceedings and the application of the principles of double criminality, lex mitior, and ne bis in idem. Section B deals with cases of universal jurisdiction or with judicial decisions in which the issue was raised. Section C concludes with a brief summary of the chapter.
Switzerland
Authors: Reydams Luc 
Published: January 2010

Abstract
This chapter discusses universal jurisdiction in Switzerland. The chapter is organized as follows. Section A presents a tour d’horizon of the ambit of the country’s criminal law. It then considers the standing victims in criminal proceedings and the application of the principles of double criminality, lex mitior, and ne bis in idem. Section B deals with cases of universal jurisdiction or with judicial decisions in which the issue was raised. Section C concludes with a brief summary of the chapter.
The United Kingdom
Authors: Reydams Luc 
Published: January 2010

Abstract
This chapter discusses universal jurisdiction in the United Kingdom. The chapter is organized as follows. Section A presents a tour d’horizon of the ambit of the country’s criminal law. It then considers the standing victims in criminal proceedings and the application of the principles of double criminality, lex mitior, and ne bis in idem. Section B deals with cases of universal jurisdiction or with judicial decisions in which the issue was raised. Section C concludes with a brief summary of the chapter.
The United States of America
Authors: Reydams Luc 
Published: January 2010

Abstract
This chapter discusses universal jurisdiction in the United States. The chapter is organized as follows. Section A presents a tour d’horizon of the ambit of the country’s criminal law. It then considers the standing victims in criminal proceedings and the application of the principles of double criminality, lex mitior, and ne bis in idem. Section B deals with cases of universal jurisdiction or with judicial decisions in which the issue was raised. Section C concludes with a brief summary of the chapter.
Jurisdiction-Regulating Norms Governing Competition Involving Domestic Courts:Should They be Introduced into International Law?
Authors: SHANY YUVAL 
Published: January 2010

Abstract
This chapter examines specific rules designed to regulate particular jurisdictional conflicts. It shows that there are few, if any, international standards that govern competition involving domestic courts. As a result, instances of jurisdictional competition are subject, as a rule, to the vagaries of domestic legal system in accordance with their idiosyncratic dispositions.
Jurisdiction-Regulating Norms, Derived from Sources Other than Treaties, as Applied by International Courts and Tribunals
Authors: SHANY YUVAL 
Published: January 2010

Abstract
This chapter identifies the complementary rules of customary law and the applicable general principles of law. The first section addresses the application of traditional jurisdiction-regulating rules by international courts and tribunals. These are the choice of forum principles and the rules of lis alibi pendens and res judicata. Since the electa una via rule does not find any meaningful support in the international jurisprudence. The second section examines the possibility of applying general legal doctrines to situations involving jurisdictional competition. These include the theory of abuse of rights, the principle of comity, and some principles governing treaty obligations.
Conclusions
Authors: SHANY YUVAL 
Published: January 2010

Abstract
This chapter begins with a review of discussions in the preceding chapters. It shows that jurisdictional competition has become more widespread in recent years. This phenomenon represents an issue of principle since it underlies the uncoordinated nature of the international legal system, it exposes the problematic nature of the co-existence of the ‘self-contained’ regimes with other elements of the international system, and has the potential of undermining the credibility and legitimacy of international law.
Staging the Reader Response: Ovid and His‘Contemporary Audience’ in Ars and Remedia
Authors: Holzberg Niklas 
Published: January 2010

Abstract
This chapter argues that the last couplet of Ars 2, which expresses the intention to compose a further book of instruction (this time for women), comes as a surprise, but one in keeping with Ovid's didactic strategies and the staging of reader response found elsewhere in Ovid and other poets.
Ovid, Augustus, and the Politics of Moderation in Ars Amatoria 3
Authors: Gibson Roy K. 
Published: January 2010

Abstract
This chapter focuses on Ars 3, assessing the political implications of the praeceptor's advice of moderation in several aspects of women's lives. Instead of observing the traditional stereotypes that linked hairstyle, clothing, and use of cosmetics to either sexual purity or sexual promiscuity, Ovid advocates a principle of individual decorum; this Ovidian strategy can be felt to clash with Augustus's Leges Iuliae, which had reinforced the polar stereotypes for meretrix and matrona by requiring women to dress according to their sexual status.
Erotic Aetiology: Romulus, Augustus, and the Rape of the Sabine Women
Authors: Labate Mario 
Published: January 2010

Abstract
This chapter argues that the first digression of the poem involving Romulus and the Sabine women, which draws attention to the absence of ars in the process of selecting a mate, acts as an effective anti-exemplum to make more prominent the positive teaching of the Ars as a whole.
Paelignus, puto, dixerat poeta (Mart. 2. 41. 2): Martial’s Intertextual Dialogue with Ovid’s Erotodidactic Poems
Authors: Janka Markus 
Published: January 2010

Abstract
This chapter argues for creative intertextual dialogue between Martial and Ovid's erotodidactic poems, whereby Martial can be seen to test the strengths and weaknesses of Ovid's advice when the latter is applied to the more ‘extreme’ amatory environment of epigram.
Ovid in Defeat? On the reception of Ovid’s Ars Amatoria and Remedia Amoris
Authors: Liveley Genevieve 
Published: January 2010

Abstract
This chapter focuses on a single poem from twentieth century poet Robert Graves to explore Graves' close critical engagement with Ovid's Ars and Remedia – an engagement that, on a more general level, comments on the challenges of reading (and misreading) Ovid's poetry over the past millennium.
The Further Academic Papers of Sir Hugh Lloyd-Jones
Authors: Lloyd-Jones Hugh 
Published: January 2010

Abstract
This collection of papers completes the published Academic Papers of Sir Hugh Lloyd-Jones, who has a worldwide reputation as one of the foremost classical scholars of his generation. It follows on from the two volumes published in 1990, reflecting his exceptionally wide interests in the fields of Greek epic, lyric, tragedy, comedy, Hellenistic literature, religion, and intellectual history. It contains important and thought-provoking recent articles on Prometheus Bound, ritual and tragedy, Greek religion and modern ethics.
The Aspect of Agency
Authors: DORON EDIT 
Published: January 2010

Abstract
Verbs impose an internal structure, either temporal or thematic, on the eventualities they describe. Whereas the temporal aspectual classification of verbs is based on the concepts of change and culmination, the thematic aspectual classification is based on the concepts of action and causality. This chapter argues that the Semitic templatic morphology of verbs encodes thematic rather than temporal aspect, and presents a formal system which compositionally constructs the meaning of verbs from the meanings of their root and template. The root encodes the thematic contribution of the verb's internal arguments, whereas the template encodes the thematic role, here called agency, of the verb's external argument. Two different types of agency are expressed by Semitic templates: actor vs. cause, marked by the so-called intensive vs. causative templates, respectively. The intensive template is a modifier of the root. The argument of the root that it modifies is not a participant in the event, but the event itself, which it classifies as an action. The causative template is not a modifier, but introduces an additional argument. A systematic account is provided for the different expression of the verb's original arguments when it is combined with the causative template, based on a linguistically significant distinction that is motivated between two classes of verbs: locative/experiencer subject verbs and consumption verbs.
Agents and Causes in Malagasy and Tagalog
Authors: TRAVIS LISA 
Published: January 2010

Abstract
This chapter uses overt morphological alternations in Malagasy and Tagalog – two Western Malayo-Polynesian languages – to probe issues concerning aspect (telicity) and argument structure. It argues that the telicity markers in these two languages can license the realization of an external argument which will be interpreted as CAUSE, and that this argument is merged into the structure in a syntactic position asymmetrically c-commanded by the merged position of the AGENT. Once this has been established, certain other conclusions can be drawn. For instance, theta-roles assigned in this manner are inherently different from theta-roles attached to the lexical entry of the root. Further, morpheme realization can be used to probe the argument structure of verbs that are less clear, and may vary from language to language, such as verbs of cognition.
Event Structure and Morphosyntax in Navajo
Authors: SMITH CARLOTA S. 
Published: January 2010

Abstract
Event structure in Navajo presents a challenge to generative linguistic analysis. The Navajo verb word has a complex structure with an abstract stem and prefixes that appear in fixed positions. The positions are traditionally represented by a template. This chapter determines how information about event structure is conveyed in the Navajo verb, and considers how best to represent such structure in a linguistic account. It discusses two different approaches: that of semantically-based syntax, and the surface-structure interpretation of Discourse Representation Theory. It is argued that the latter is preferable on grounds of simplicity and adequacy.
Constructions, Lexical Semantics, and the Correspondence Principle: Accounting for Generalizations and Subregularities in the Realization of Arguments
Authors: GOLDBERG ADELE E. 
Published: January 2010

Abstract
Whether particular arguments are overtly realized in languages like English is not random. A number of researchers have put forward sweeping generalizations in order to capture certain general tendencies. This chapter, however, argues that these analyses underestimate the role of constructions, detailed lexical semantics and discourse factors. Given sufficient attention to these factors, the general tendencies, as well as productive classes of systematic exceptions, follow without additional grammatical stipulation.
4 Institutional Managerialism
Authors: CASS DEBORAH Z. 
Published: January 2010

Abstract
This chapter examines the constitutionalization form of institutional managerialism. It argues that under institutional managerialism, constitutionalization occurs by way of management of policy diversity between states by institutions and rules, which are given the imprimatur of a ‘constitutional’ character. It presents itself as a natural deduction from factual developments, which are presented as existing beyond the law, and yet proponents of this approach also aspire to change the WTO system and other facts of the wider economic order.
5 Rights-Based Constitutionalization
Authors: CASS DEBORAH Z. 
Published: January 2010

Abstract
This chapter discusses rights-based constitutionalization. This model is aspirational in character — an argument for what the system should be, and not what it is. According to this view, constitutionalization should be promoted, and it should be a constitutionalization process in which a right to trade is recognized. It is argued that rights-based constitutionalization is inconsistent with traditional methods for the incorporation and transformation of rules into international law. The theory behind the model is based on an unnecessary and outdated opposition between State and individual, and it is an over-ambitions and evangelical model which attempts to ‘hijack’ traditional human rights’ legitimacy.
7 Anti-Constitutionalization
Authors: CASS DEBORAH Z. 
Published: January 2010

Abstract
This chapter argues that not only is constitutionalization descriptively inappropriate, it is also normatively undesirable. This position, termed the anti-constitutionalization critique, contends that constitutionalization contracts the capacity of states to decide matters of national interest; is weakly deliberative in form; emphasizes economic goals at the expense of other values; ignores the important contributions of private law to any constitution rules for international economic order; and is self-legitimating.
The Principles of the Law of Restitution
Authors: Virgo Graham 
Published: January 2010

Abstract
This book lays out the key principles underlying the law of restitution, a subject recognised by the House of Lords as a discrete body of law fifteen years ago. The law of restitution is concerned with the questions of when restitutionary remedies may be awarded. These are remedies which operate to deprive defendants of gains rather than to compensate claimants for losses. The traditional approach to the subject assumes that restitutionary remedies are only available to reverse unjust enrichment. This book asserts that restitutionary remedies are triggered by three different types of action: the reversal of the defendant's unjust enrichment, the commission of a wrong by the defendant, and the vindication of the claimant's property rights. Since the publication of the first edition of this book this model has increasingly been recognised by the courts. In this book, the law is examined through analyses of key cases and relevant statutory provisions, demonstrating the way in which the law in used to solve a wide variety of legal problems in a number of jurisdictions. The very different views of academics on the nature and ambit of the subject are also carefully considered. The result will be invaluable to students on restitution courses at every level, practitioners and those engaged in research on the subject.
The Principle of Unjust Enrichment
Authors: Virgo Graham 
Published: January 2010

Abstract
Although the unjust enrichment principle often operates positively, in the sense that the claimant must establish that the defendant has been unjustly enriched before restitution is available, sometimes the principle may operate negatively. This is because restitutionary relief may be awarded to prevent the defendant from becoming unjustly enriched. Even though the unjust enrichment principle has been clearly recognised at the highest level, the place of that principle within the law of obligations and the function of the principle still require careful justification. A number of commentators have suggested that restitutionary liability should be based on some other theoretical foundation, including proprietary theory, no unifying principle of unjust enrichment, and unconscientious retention. Possible functions of the unjust enrichment principle are discussed, namely, the formulaic function and the normative function. The approach adopted by England with respect to the function of the unjust enrichment principle is also considered.
Principles Underlying the Recognition of the Grounds of Restitution
Authors: Virgo Graham 
Published: January 2010

Abstract
Since a restitutionary claim founded on the reversal of the defendant's unjust enrichment will only succeed if the claimant establishes that the claim falls within one of the recognised grounds of restitution, or within a ground of restitution which can be deduced from one of the recognised grounds of restitution, it is vital to be aware of what the grounds of restitution are and also why they have been recognised. Every ground of restitution can be explained by reference to at least one of three different principles — claimant-oriented, defendant-oriented, and policy-oriented — but quite often more than one of them may be operating. This chapter discusses claimant-oriented grounds of restitution (absence of intention, vitiated intention, and qualified intention), defendant-oriented grounds of restitution (exploitation and free acceptance), and policy-oriented grounds of restitution. Four additional considerations in grounds of restitution are: the danger of over-simplification, the grounds of restitution are not closed, the relevance of the type of enrichment, and restitution and third parties.
Ignorance
Authors: Virgo Graham 
Published: January 2010

Abstract
Although ignorance has never been recognised by the courts as a ground of restitution in its own right, it has been invoked to explain why restitution has been ordered in a number of cases. In many cases it will in fact make no difference whether the claimant's restitutionary claim is founded on unjust enrichment, with ignorance constituting the ground of restitution, or on the vindication of property rights, with the claimant's ignorance being used to explain why title did not pass to the defendant. Where, however, the claimant's property is transferred indirectly to the defendant without the claimant's knowledge, the unjust enrichment action cannot assist the claimant, primarily because of the insurmountable obstacle of showing that the enrichment received by the defendant was received at the expense of the claimant. This chapter discusses the role of ignorance as a ground of restitution, services provided in circumstances of ignorance, interceptive subtraction, and election between principles.
Exploitation
Authors: Virgo Graham 
Published: January 2010

Abstract
Like compulsion, exploitation is not a ground of restitution in its own right but is a general principle on which a number of specific grounds of restitution are founded. Exploitation enables a number of disparate grounds of restitution to be treated together. These grounds have the common characteristic that the defendant has actually taken advantage of the claimant's weaker position in some way, or can at least be presumed to have taken advantage of the claimant. The essence of exploitation consequently involves the actual or potential abuse of power by the defendant. The grounds of restitution which are founded on the principle of exploitation can be considered to be both claimant- and defendant-oriented. This chapter discusses the relationship between exploitation and other principles, identification of enrichment, vitiation of transactions for exploitation, relationship between exploitation and wrongdoing, the essence of undue influence as a ground of restitution, abuse of fiduciary relationships of confidence, and unconscionable conduct.
Necessity
Authors: Virgo Graham 
Published: January 2010

Abstract
In the same way that there are general principles of compulsion and exploitation on which a number of specific grounds of restitution are based, there is also a general principle of necessity by reference to which a number of specific grounds of restitution can be identified. Although the existence of a general principle of necessity is beyond doubt in English law, the principle is not well developed in common law legal systems. The predominant reason for the underdeveloped nature of the necessity principle is because of the importance of the principle of officiousness which operates to bar restitutionary claims. The success of restitutionary claims grounded on necessity will depend on how the principle of officiousness is defined. This chapter discusses the principle of necessity, the principle of officiousness, identification and valuation of enrichment, necessitous intervention by a stranger, agency and other pre-existing legal relationships, and necessity in the context of maritime adventures.
Restitution for Breach of Contract
Authors: Virgo Graham 
Published: January 2010

Abstract
Where the defendant has breached a contract, the claimant can obtain damages which are assessed by reference to any loss or injury which he or she has suffered. In general, the purpose of such damages is to place the claimant in the position he or she would have been in had the contract not been breached. This involves the protection of the so-called ‘expectation interest’ and ‘reliance interest’. This chapter examines whether there is a third interest which should be protected by the award of damages where the defendant has breached a contract, namely, the ‘restitution interest’. The general principle denying restitution for breach of contract is discussed, along with methods for awarding restitutionary remedies for breach of contract (identification of a fiduciary relationship, tortious wrongdoing, and price payable for interference with property rights).
Restitution for Equitable Wrongdoing
Authors: Virgo Graham 
Published: January 2010

Abstract
Where the defendant has breached an equitable duty which he or she owed to the claimant, a restitutionary relief is available. The defendant can be deterred from exploiting the relationship by ensuring that, at the very least, the value of any benefit which he or she obtained from the breach of duty should be paid to the claimant to whom the duty was owed. Where the defendant is more culpable in breaching his or her equitable duty, a more extensive form of restitutionary remedy may be available. This chapter examines the rationale behind the award of restitutionary remedies for equitable wrongdoing, types of remedy which are available for equitable wrongdoing (account of profits, proprietary remedies, interest, and equitable compensation), and categories of equitable wrongdoing including breach of fiduciary duty, breach of confidence, unconscionability, and dishonestly inducing or assisting in a breach of trust or fiduciary duty.
Criminal Offences
Authors: Virgo Graham 
Published: January 2010

Abstract
When an offender has committed a criminal offence, the law of restitution may be relevant in two ways. First, the offender may have received a benefit as a result of the commission of the crime, so the question for the law of restitution is whether there is a cause of action which will enable the victim or the State to recover the proceeds of the crime. Secondly, a consequence of the offender committing the crime may be that he or she is entitled to obtain a benefit, and the question is whether the offender can be prevented from obtaining this benefit. This chapter discusses the general principles and policies underlying criminal offences, and restitutionary claims brought by the victim (claims founded on unjust enrichment, claims founded on the vindication of property rights, claims founded on wrongdoing, torts and breaches of fiduciary duty, and restitution from third parties). Restitutionary claims brought by the State are discussed, along with denial of benefits arising from the commission of crimes, the forfeiture principle and its rationale, and the forfeiture rule.