bluuebunny/crossref_metadata_2025_split huggingface dataset:
Constructing Identity in Contemporary Spain
Authors: Labanyi Jo 
Published: October 2023

Abstract
This volume is designed to further the study of Spanish culture in the broad sense of the network of symbolic systems through which social groups construct and negotiate a sense of identity or identities. The emphasis is on culture as a set of practices rather than as a corpus of texts. The aim is to introduce readers to current theoretical debates in a range of disciplines, as well as to inform them about specific areas of twentieth-century Spanish culture. The four sections on 'Ethnicity and Migration', 'Gender', 'Popular Culture', and 'The Local and the Global' cover ethnography, music, TV, advertising, popular literature, medical discourse, film, posters, museums, and urban development.
Introduction: Engaging with Ghosts; or, Theorizing Culture in Modern Spain
Authors: labanyi jo 
Published: October 2023

Abstract
It is often said that, with the exception of its Galician ‘Celtic fringe’, Spain has no tradition of ghost stories. Such a view depends, of course, on what one means by ‘ghosts’. I should like here to draw on Derrida’s historical materialist reading of ghosts in Specters of Marx (1994) in order to argue that the whole of modern Spanish culture— its study and its practice—can be read as one big ghost story. By ‘modern’ I mean here the period corresponding to bourgeois modernity and its corollary, the modern nation state, whose ideological beginnings, in Spain as elsewhere, date back to the mid eighteenth century but which, in the case of Spain, becomes firmly implanted as a hegemonic model—not always realized in practice—from the mid nineteenth century.
Travels of the Imaginary Spanish Gypsy
Authors: Deutsch Lou Charnon 
Published: October 2023

Abstract
The portrayal of the Spanish gypsy provides a useful grounding for the study of discursive formations implicated in the evolution of European nationalisms. Spanish culture has had a dual relation with the master narrative of orientalism, both as a culture that has repressed a constitutive element of its historical identity, projecting it onto the figure of the exoticized gypsy (Colmeiro 1998), and one that has represented, from the 1700s onward, an exoticized Other to its northern European counterparts. To understand fully the role that the internal colonization of the Spanish Romany played in the construction of Spanish nationalism, cultural critics need to analyse the economic and productive forces that impinge on the discursive practices that participated in the construction of that identity.
Criticism and Modernity
Authors: Docherty Thomas 
Published: October 2023

Abstract
Criticism and Modernity traces the conditions under which criticism emerges as a socio-cultural practice within the institutionalized forms of European modernity and democracy. It argues that criticism is born out of anxieties about national supremacy in the late seventeenth century, with the consequence that the emergent national cultures of the eighteenth century and since become sites for the regulation of the democratic subject through the academic form of arguments about the proper relations of aesthetics to ethics and politics. The central issue is that of legitimation: how can subjective aesthetic experiences regulate the norms of ethical justice? That question is posed not as an abstract philosophical issue, but rather as a question properly located within the struggles for national culture. The usual Germanic source of modern aesthetics and criticism is here placed in the broader European context, involving contests between England, France, Scotland, Ireland, and the emergent Germany and Italy. Writers addressed include Corneille, Dryden, Molière, Shaftesbury, Hutcheson, Hume, Rousseau, Kant, Schiller, Hegel, Schopenhauer; and, throughout, the legacy of these thinkers is found in the most recent contemporary theory, in work by Agamben, Badiou, Lyotard, MacIntyre, and others. A closing chapter considers the formation of the university across modern Europe, in Vico's Naples, Humboldt's Berlin, Newman's Dublin, Blair's Edinburgh, the France of Alain and Benda, the England of Leavis, as well as our contemporary institutional predicaments.
Einstein’s Wake
Authors: Whitworth Michael H 
Published: October 2023

Abstract
The revolution in literary form and aesthetic consciousness called modernism arose as the physical sciences were revising their most fundamental concepts: space, time, matter, and the concept of 'science' itself. The coincidence has often been remarked upon in general terms, but rarely considered in detail. Einstein's Wake argues that the interaction of modernism and the 'new physics' is best understood by reference to the metaphors which structured these developments. These metaphors, widely disseminated in the popular science writing of the period, provided a language with which modernist writers could articulate their responses to the experience of modernity. Beginning with influential aspects of nineteenth-century physics, Einstein's Wake qualifies the notion that Einstein alone was responsible for literary 'relativity'; it goes on to examine the fine detail of his legacy in literary appropriations of scientific metaphors, with particular attention to Virginia Woolf, D. H. Lawrence, Wyndham Lewis, and T. S. Eliot.
Economic Development And National Security In Wilhelmian Germany
Authors: Offer Avner 
Published: October 2023

Abstract
IN the last decade of the nineteenth century the German Empire began to look overseas for markets and raw materials, but it lacked the naval capacity (regarded as vital by Britain) to safeguard its maritime trading routes. This dilemma defines the economic aspect of Germany’s security problem before the First World War. It narrowed the range of choices open to German leaders, until, in 1914, they imagined themselves surrounded by a wall, with only a single gate. That gate might soon be locked. They perceived only one choice: to break out, or to remain hemmed in by looming threats.
The Caliphal Institution in al-Anda/us until 422/1031
Authors: Wasserstein David J 
Published: October 2023

Abstract
This first Umayyad in fact adopted both policies. At first, and probably more by unthinking accident than by deliberate policy, he named the ‘Abbāsid caliph in the weekly khutba, the Friday sermon in the mosque, of which a prayer containing the name of the reigning caliph formed part. After a few months, a relative, himself a newly arrived refugee from the east, pointed out the incongruity and the absurdity of this action, and urged him to stop it. ‘Abd al-Rāhamān did so, and thereafter, for well over a century, no caliph was named in the khutba at all. The caliphate, so far at least as concerned alAndalus, appears to have been regarded as having a sedes vacans.
The Hanging Tree
Authors: Gatrell V A C 
Published: October 2023

Abstract
It may help to explain some of this book’s peculiarities if I say at once that it grew out of a chance discovery. One day I was working in the Public Record Office on something quite different when tedium and a passing curiosity moved me to order from the Home Office catalogues a volume of judges’ reports, then unknown to me. I chose the year 1829 at random. The volume fell open at a thick dossier of petitions and papers which I was soon reading with the avidity of one who knew that he really ought to be reading something much less interesting. It was about a rape case set in the iron-making village of Coalbrookdale in Shropshire. A poor man called John Noden had for several years been courting a young woman, Elizabeth Cureton. One June evening he knocked at her cottage window after her parents had gone to bed. She let him in, and soon the couple were having sex on the parlour floor. A few days later she claimed that he had raped her. She prosecuted him at the Shrewsbury assizes, and he was tried, convicted, and sentenced to hang. The papers I read were about the Coalbrookdale community’s efforts to persuade the judge, the home secretary, and George IV to give Noden a royal pardon.
Introduction
Authors: Bond Brian 
Published: October 2023

Abstract
From the viewpoint of its victims and their descendants, whether at Blenheim, Waterloo, Sedan, or Stalingrad, every victory is likely to be incomprehensible and hollow, if not indeed in the words of little Peterkin’s sister ‘a very wicked thing’. Their grandparents had been expelled from the battlefield and their home burnt; the country round ‘with fire and sword was wasted far and wide’.
The Crown’s Servants
Authors: Aylmer G E 
Published: October 2023

Abstract
The Crown’s Servants is a major new study of English central government and the royal court from the Restoration of the monarchy in 1660 to the death of Charles II in 1685. A sequel to the author’s two earlier studies, of royal officials under Charles I (1625-1642) and office-holders under the Commonwealth and the Cromwellian Protectorate (1649-1660), it sets out to explore the extent to which the restoration of the monarchy undid the changes brought about under the Republic. The author looks at the institutions of government, its methods and procedures, the terms and conditions of service, and its personnel both collectively and individually. He considers the policies, tasks, successes, and failures of the regime, and relates these to the process of state formation and to the impact of the state on society. This is both the culmination of a lifetime’s work and a crucial contribution in its own right to the history of seventeenth century England and the development of English government.
The Significance of 1688: Some Reflections on Whig History
Authors: Pocock J G A 
Published: October 2023

Abstract
‘Well, doctor,’ William of Orange is said to have remarked to Gilbert Burnet, as they stood on Brixham beach on 5 November 1688, ‘what do you think of predestination now?’ The jest, if it was one, might be taken as referring to the extraordinary series of physical events which had brought them where they were—to themultiple changes of the Protestant wind, blowing them east, west, and east again; or it might refer to the no less extraordinary series of contingencies in Church, State, and dynasty which had led to William‘s being invited to England and had made it worth his while to set out thither; or finally, it might be taken as indicating that neither William nor Burnet at that moment could have had the least idea what was about to happen. With the benefit of hindsight, we know; and we know also that William had done his best to ensure that some things should happen which did in fact happen. We are therefore tempted to see the outcome of William’s expedition as a foregone conclusion, which is to know more about predestination than William or Burnet did. A warning against ‘Whig history’ in a very crude sense may therefore be uttered at the outset.
Sweden: a Case of Solidarity and Equality
Authors: Meisaari-Polsa Tuija 
Published: October 2023

Abstract
Social rights in Sweden, including those related to families, are based on two guiding ideas: the idea of solidarity, and that of equality. Therefore, the aim of the complex system of Swedish family policy measures is, firstly, to maintain a reasonable standard of living for all family forms and, secondly, to increase possibilities for both women and men to choose their own way of life and to combine family life and work. This chapter shows that the solidarity- and equality-based social policy in Sweden is at the same time modem and family-friendly. After describing family policy, family forms, family life situation and everyday life of families, the chapter summarizes policy effects on family forms in Sweden. The results demonstrate that, in some respect, Swedish family policy is relevant with respect to demographic trends, but the relationship between family policy and demographic trends is complicated.
Socio-demographic Differentials in Mortality at Older Ages in Finland
Authors: Martelin Tuija 
Published: October 2023

Abstract
Research on mortality differentials can serve at least three purposes. First, in research oriented towards health policy, the aim is to identify particularly disadvantaged groups in the population who would need special consideration in health and social policy. Secondly, differences in mortality can be studied from an epidemiological point of view, searching for hypotheses about the causes of specific diseases or attempting to identify the reasons underlying changes in mortality. The third use of research on mortality differentials is connected with the debate about the possibility of a further extension of population life expectancy (e.g. Olshansky et al., 1990; Manton et al., 1991). One way of estimating the limit to life expectancy is to examine the mortality of populations living in favourable conditions with regard to nutrition, other health habits, health care, etc., such as Mormons or Seventh-day Adventists (Manton et al., 1991). Socio-demographic characteristics such as gender, socio-economic position, marital status, region, and race or ethnicity may be used in an analogous way to distinguish subgroups within a national population that have particularly good health profiles. Information about the current level of mortality as well as recent mortality trends in such groups may therefore be useful for the assessment of the future development of mortality. They may also be helpful in setting targets for national mortality projections.
The Equality of Mercy
Authors: Harrison Ross 
Published: October 2023

Abstract
The problem with which this paper is concerned can be brought out by considering four independently plausible, but mutually inconsistent, propositions. The first proposition is that states ought to be purely rational entities. All acts of states should be justifiable; that is, should be such that they can be supported by reason. States are different in this respect from individual people. Individuals are normally allowed some areas of absolute discretion, in which they are permitted to act in a completely arbitrary or irrational manner. But in states there should be nothing private, personal, or arbitrary; no whim, no play; everything which happens as a state action should happen for a reason.
The Application of International Law in the Occupied Territories as Reflected in the Judgments of the High Court of Justice in Israel
Authors: Qupty Mazen 
Published: October 2023

Abstract
Does the Israeli Supreme Court sitting as the High Court of Justice apply international law to the activities of the military government and civilian administration in the Occupied Territories? Does it examine whether the activities of those authorities conflict with the provisions of international law that apply to an occupied territory? Which international laws are applicable in an occupied territory? And which international laws are applicable in the territories occupied by Israel?
The Legislative Stages of the Israeli Military Occupation
Authors: Shehadeh Raja 
Published: October 2023

Abstract
The 1,200 military orders that are reviewed here provide a good source for the study of Israel’s changing policies in the occupied West Bank. These military enactments, referred to as ‘proclamations’ in the first days of the occupation and then as ‘military orders’, were passed by the Area Commander of the Israeli army, who acquired, according to Proclamation No. 2, issued the day the Israeli army entered the West Bank, ‘all legislative powers’. To this day, this absolute power to legislate has not been circumscribed. The one-man parliament continues to produce amendments and additions to the Jordanian law in force when the Israeli army conquered the West Bank, without any process of consultation at any level with the local Palestinian inhabitants.
Federalism and Corporate Law: A Non Delaware View of the Results of Competition
Authors: Carney* William J 
Published: October 2023

Abstract
The United States of America (USA) has witnessed a lengthy debate over the virtues and vices of corporate federalism. For a long time the debate consisted of assertions based on differing characterizations of judicial deci sions and statutory changes. This phase was followed by a debate based on a model of behaviour, drawn from theory about the behaviour of capital markets. Both sides assumed that a competition for corporate chartering business existed, in which Delaware was the clear winner. Both sides also assumed, without systematic examination, that a competition existed, in which states other than Delaware sought to modernize their statutes to retain this chartering business.
Total Failure of Consideration and Counter-Restitution: Two Issues or One?
Authors: McKENDRICK EWAN 
Published: October 2023

Abstract
The law of restitution is at a crucial stage in its development. Two strategies are discernable. The first is to keep liability within acceptable bounds by restricting the grounds on which restitution can be ordered. Historically, this is the approach which the courts have adopted. Thus, a mistake of law does not (as yet) give rise to a restitutionary claim, while a failure of consideration must be total in order to ground a restitutionary claim. But this approach is under threat and a second approach is now in the ascendancy. According to this approach, the grounds of restitution should be broadened, leaving it to the defences to set limits to the scope of liability. This approach can be seen at work in Lipkin Gorman v Karpnale Ltd1 where Lord Goff stated that one effect of the recognition of the defence of change of position was that it would ‘enable a more generous approach to be taken to the recognition of the right to restitution, in the knowledge that the defence is, in appropriate cases, available.’2 Yet, when we turn to a consideration of the defences, we quickly reach the rather worrying conclusion that we know relatively little about their workings and the relationships (if any) between them. The link between the scope of the unjust factors and the defences can, in fact, be seen when we turn to an examination of the interplay between the requirement that a failure of consideration must be ‘total’ in order to ground a restitutionary claim and the defence of ‘counter-restitution impossible’ or, to use more traditional language, the requirement that it must be possible to make restitutio in integrum. That there is thought to be a link between the two can be seen from the following passage from Goff and Jones where the authors state that ‘a party claiming rescission must be able to make, and must in fact make, restitutio in integrum. There is a comparable principle which governs money claims: money cannot be
Law, Society and Economy
Authors: Rawlings Richard 
Published: October 2023

Abstract
This centenary volume of essays explores a number of related themes which differentiate and characterize the approach of the LSE. Central to this, is the assumption that law is one of the social sciences and that law should be studied "in context" as a social phenomenon. The contributors have been chosen both for their distinction and for their connection with the LSE, and include such eminent figures as Mrs Justice Arden, Judge Rosalyn Higgins, Sir Stephen Sedley, and Roberto Mangabeira Unger. The essays focus on three main subject areas: Law and Economy; Dimensions of Law; and Courts and Process which are discussed against the broader canvas of the School's approach to Law . Thus, Comaroff, Cohen, Unger and Teubner adopt an interdisciplinary approach to the subject, stressing both legal and social theory, while the contributions of Cranston, Cornish and others stress an internationalist approach. A characteristic LSE focus on the dynamic nature of law runs through the work of Collins, Higgins and Lord Wedderburn, while a reformist tradition (allied with concern for the practical) is explored alongside the introduction of new legal subjects into the curriculum. Fascinating and thought provoking, this volume is an accesible summary of current thought and debate presented by today's leading scholars and practioners. Law, Society and Economy will be of enduring interest to scholars and practioners worldwide, akin to Ginsberg's celebrated and widely cited volume of essays which marked the School's fiftieth anniversary.
Altera Pars Audiatur: Law in the Collision of Discourses*
Authors: Teubner Gunther 
Published: October 2023

Abstract
It is like the days of old when the world was full of many gods and demons, only different; it is like when the Greeks made sacrifices, one time to Aphrodite, another time to Apollo and above aU to the gods of their home towns, only today the magical and mythical is missing from existent conduct. It is fate that reigns supreme over all the gods and their struggles, and definitely not knowledge. (Max Weber.)
Coding and Programming
Authors: Luhmann Niklas 
Published: October 2023

Abstract
To maintain what the function of the legal system is, is not sufficient in itself to describe it adequately. As discussed in the previous chapter, the function alone cannot clarify what the legal system uses for its orientation when it reproduces itself and draws boundaries between itself and its environment. This is why sociological systems theory uses the concepts ‘function’ and ‘structure’ throughout. Structural fixtures are seen as indispensable because the description of function leaves too much open-ended. This problem is also apparent in legal theory. Thus Jeremy Bentham, for example, ultimately saw the function of law as achieving security of expectations, but with law’s orientation being provided by ‘commands’ from a politically authorized, powerful legislator. A command produces the differences between obedience and disobedience.
Interpretation and Methodology in Legal Theory
Authors: Perry Stephen R 
Published: October 2023

Abstract
At some point almost every major work in jurisprudence discusses issues of methodology, and often these seem to be the most difficult and intractable questions in the subject. Why should this be? Does jurisprudence raise special methodological problems that other disciplines do not face? Because law is both a social and a normative phenomenon, there is good reason for thinking that it does. In stating that law is both social and normative, I mean to say that it is a social institution that also systematically gives rise (or at least is perceived to give rise) to reasons for action. Now it is, of course, possible to study the reason-giving aspects of social practices from a purely philosophical perspective. One task of po1itical philosophy, for example, is to describe ideal political practices, and to determine whether and under what circumstances they would affect people’s reasons for action (usually by creating obligations for them). Similarly, it is possible to study social institutions from a purely descriptive perspective, without reference to anyone’s reasons for action (or at least this is possible according to one school of thought in the social sciences). Some branches of sociology attempt to study law in this way. Jurisprudence gives rise to special methodological problems because it has both philosophical and descriptive aspirations; it attempts both to analyse the reason-giving dimension of social practices and at the same time to give a descriptively accurate characterization of an existing type of social institution. As a discipline jurisprudence claims, in effect, to be both a branch of practical philosophy (by which I mean the philosophy of practical reason), and a social science of a certain kind. The special problems of methodology it faces arise from this juxtaposition.
Expert Evidence in Canadian Criminal Proceedings
Authors: Roberts Paul 
Published: October 2023

Abstract
in an earlier article I suggested that English lawyers and law reformers might have something to learn from recent developments in United States law and practice regulating the admissibility of expert evidence. The task of constructing evidential standards to meet ‘the new challenges of scientific evidence’ seems well under way in America after the United States Supreme Court’s landmark decision in Daubertv. Merrell Dow Pharmaceuticals inc.in 1993.