bluuebunny/crossref_metadata_2025_split huggingface dataset:
Degenerate Parametric Pumping
Authors: Eichler Alexander , Zilberberg Oded 
Published: December 2023

AbstractIn this chapter, we study the effects arising from a parametric pump in a nonlinear resonator. We characterize the system in terms of its characteristic pumping threshold. Below threshold, the pumping leads to phase-dependent parametric amplification. Above the threshold, the harmonic oscillator becomes unstable and the system undergoes a spontaneous symmetry breaking to one of two phase states, whose amplitude is stabilized by nonlinearities. The stability of a phase state can be understood from a quasi-potential picture and formalized with the method of characteristic exponents. The symmetry of these phase states can, in turn, be broken by an external force. Finally, we learn how a parametric pump can be generated by an external force in the presence of a cubic potential (three-wave mixing)
Fragmentary Modernism
Authors: Goldschmidt Nora 
Published: December 2023

Abstract
Fragmentary Modernism begins from a simple observation: what has been called the ‘apotheosis of the fragment’ in the art and writing of modernism emerged hand in hand with a series of paradigm-shifting developments in classical scholarship, which brought an unprecedented number of fragmentary texts and objects from classical antiquity to light in modernity. Focusing primarily on the writers who came to define the anglophone modernist canon – Ezra Pound, T. S. Eliot, Hilda Doolittle (H. D.), and Richard Aldington, and the artists like Jacob Epstein and Henri Gaudier-Brzeska with whom they were associated – the book plots the multiple networks of interaction between modernist practices of the fragment and the disciplines of classical scholarship. Some of the most radical writers and artists of the period can be shown to have engaged intensively with the fragments of Greek and Roman antiquity and their mediations by classical scholars. But the direction of influence also worked the other way: the modernist aesthetic of gaps, absence, and fracture came to shape how classical scholars and museum curators themselves interpreted and presented the fragments of the past to audiences in the present. From papyrology to philology, from epigraphy to archaeology, the ‘classical fragment’, as we still often see it today, emerged as the joint cultural production of classical scholarship and the literary and visual cultures of modernism
Archaeologisms
Authors: Goldschmidt Nora 
Published: December 2023

Abstract
Chapter 5 turns to the dialogues between modernism and archaeology. It looks at how the revolution in archaeology which gained momentum in the late nineteenth century filtered into modernist practices of the fragment. Beginning with an overview of how fragment-making in the first decades of the twentieth century engaged with archaeology and its popular dissemination, the chapter then focuses in on two case studies. First, it considers the Archaic Greek sculpture discovered on the Acropolis in Athens and other locations in the Greek world, which went on to become an icon of the visual art of modernism as well as the topic of a monograph – planned but never written – by Ezra Pound. Finally, the discussion turns to Arthur Evans’ digs at the site of Knossos in Crete. A builder of ruins (‘le constructeur des ruines’), as a French journalist described him, Evans famously remade antiquity in the image of avant-garde modernity. But his ‘reconstitutions’ did not just make the past into a new modern whole: they also paralleled the fragment-making activities of his modernist contemporaries by casting, in modern concrete, imaginary fragments of a past that never quite existed.
Introduction
Authors: Golding Gabrielle 
Published: December 2023

Abstract
This introductory chapter maps the work’s main aims, arguments, structure, methodological approach, and scope. It begins by highlighting the influential role of terms implied by law in shaping the normative core of contemporary work relationships. The central question that runs throughout the chapters is to what extent terms implied by law shape employment contracts as distinct from contracts for the performance of work. An overview of the chapters is given, as well as an explanation of the methodology underpinning the analysis offered, noting a focus on the legal positions in England and Australia. The potential for rethinking the rationale underpinning terms implied by law into contracts for work is the foundation of the evaluation offered in the book. A brief account of this potential concludes the chapter.
A Legal Overview
Authors: Golding Gabrielle 
Published: December 2023

Abstract
This chapter sets the scene for the remainder of the book by providing an overarching survey of the law across England and Australia, which governs express and implied terms in contracts generally. In doing so, it considers the interplay between general contractual principles and their regulation of contracts for work more specifically. The relationship between implication in fact and implication by law is also examined, as well as the relationship between implication and construction of contractual terms, including policy considerations for the distinction between implication and construction. The chapter considers the relationship between implication and interpretation, noting that the process of implying a term into a contract is no more than a facet of interpreting its ‘true meaning’. In that sense, it is acknowledged that it may sometimes be necessary to imply a term into a contract in order to make the contract work as the parties must have intended. A brief summary of the applicable law is provided, reflective of the fact that its general analysis serves as a precursor for the remaining content of the book.
Conclusion
Authors: Golding Gabrielle 
Published: December 2023

Abstract
Through the lens of terms implied by law, this final chapter arrives at an overarching theory of the nature of the employment contract in relation to other types of contract for the performance of work. This is achieved by making a series of conclusions and recommendations as to the ways in which courts might shape the nature of the employment contract in the future. A rethinking of the courts’ rationale for implying terms by law into those contracts primarily, as well as the broader category of contracts for the performance of work is suggested. Following the analyses in previous chapters, this concluding chapter recommends four main options for reform in both England and Australia. These options include, first, that there is a need for the courts to better articulate their understanding of what actually constitutes the ‘employment contract’ as a distinctive class of contract into which terms are implied by law, separate from the broader notion of ‘contracts for the performance of work’. Secondly, courts must clarify when it is ‘necessary’ to imply a term by law into the class of employment contracts. Thirdly, the judicial role must be clarified in relation to the regulation of employment. Lastly, there ought to be greater clarity around the interrelationship, if any, between a duty of good faith and mutual trust and confidence.
Introduction
Authors: Olaniyan Kolawole 
Published: December 2023

AbstractThe introductory chapter sets the stage for the book, and sketches the current legal rules on recovery and repatriation of proceeds of corruption and money laundering. It traces the global efforts to recover proceeds of corruption since the adoption of the United Nations Convention against Corruption (UNCAC) almost two decades ago, and outlines the gaps in the legal rules on recovery and repatriation of proceeds of corruption. It then explores the innovations of international human rights law, particularly the right to wealth and natural resources for developing the theoretical and legal foundations for people’s ownership rights over proceeds of corruption. The chapter examines how the people’s ownership rights over proceeds of corruption would allow them, their representatives, and civil society organizations to challenge states when they are unwilling or unable to take action or bring cases, and to hold private actors to account.
International Legal Rules on Proceeds Deriving from Corruption and Main Legal Challenges
Authors: Olaniyan Kolawole 
Published: December 2023

AbstractChapter 4 outlines the international legal rules on the recovery of proceeds of corruption and discusses select domestic and international case studies on grand corruption and asset recovery. Through these case studies, the chapter identifies the main legal and practical challenges that may arise when implementing these rules. Although reference is made to other regional anti-corruption treaties, this chapter focuses on UNCAC because of its comprehensive nature and its universal reach. The UNCAC is the only global, binding international anti-corruption treaty. As of September 2023, it had been ratified by 189 states parties, and many have refrained from making reservations that would damage the integrity of the treaty. The chapter also discusses how the legal and practical challenges to corruption might undermine victims’ access to justice and effective remedies.
International Cooperation and Assistance
Authors: Olaniyan Kolawole 
Published: December 2023

AbstractChapter 6 sketches the legal rules on international cooperation and assistance mentioned in anti-corruption and human rights treaties and the obstacles that stand in the way of effective and satisfactory implementation of these rules. It considers how international human rights law, theories, and jurisprudence might help to address these obstacles and also promote, facilitate, and improve the obligations of international cooperation in the recovery and return of proceeds of corruption to their rightful owners. It is clear that given the transnational character of corruption, no single state can effectively and satisfactorily prevent and combat it or address its corrosive consequences. The chapter focuses on international cooperation and assistance in relation to the prevention or transfer of illicitly acquired wealth via freezing, seizure, confiscation, recovery, return, and disposal of proceeds of corruption.
The True and the Good
Authors: Wrenn Chase B. 
Published: December 2023

Abstract
This book explains the Problem of Truth’s Value and offers a virtue-theoretic solution to it. The Problem of Truth’s Value arises because it is hard to reconcile good theories of truth’s nature with good theories of why we should value truth. Some theories build value into the very nature of truth, but they tend to obscure the connection between what is true and how things are in the world. Other theories treat truth as a purely descriptive feature of claims. They struggle to explain how such a feature could make something good or right to believe. To solve the problem, this book proposes a “Strong Virtue Theory” of truth’s value. On that theory, truth is worth caring about, but not because of any pre-existing value that inheres in states of true belief. Instead, truth is worth caring about because caring about truth is a moral virtue; it is part of being a morally good person. The book offers an account of Truthfulness as a moral virtue, independent of any value that inheres in states of true belief. It also criticizes several alternative ways of explaining truth’s value. Those alternatives include the idea that truth is inherently normative, the idea that truth makes beliefs intrinsically or instrumentally valuable, and the idea that truth confers a special sort of “epistemic value” on beliefs.
Truth and Virtue
Authors: Wrenn Chase B. 
Published: December 2023

Abstract
This chapter introduces Truthfulness as the character trait of valuing truth, and it makes a preliminary case for the Strong Virtue Theory. The case it makes has two parts. The first is to argue that Truthfulness is a moral virtue. The chapter explains the relevant notion of moral virtue and what it means for Truthfulness to be morally virtuous. It argues that we morally ought to be Truthful rather than Untruthful people. It is argued that Truthfulness better promotes the overall good than Untruthfulness in several ways. Truthfulness better promotes individual human flourishing, enables cooperation in pursuit of the good, acts as a check against political polarization, promotes epistemic justice, and helps us in building a society worth having. The second part of the case for the Strong Virtue Theory is to argue against the “value-conferral model” of truth’s value. According to that model, the truth of a proposition confers special value on states of believing it, and we should value truth in response to recognizing that value. This chapter argues that Aristotelians have reason to reject the value-conferral model, for it is at odds with their view of truth’s nature. It defends the possibility of a sufficient state-given explanation of why we should value truth. On such an explanation, the goodness of valuing truth (e.g. its virtuousness) accounts for why we ought to value it, even if the truth of a proposition confers no special value on states of believing it.
Truth as the Goal of Inquiry
Authors: Wrenn Chase B. 
Published: December 2023

Abstract
This chapter addresses a second way in which truth can seem to be an epistemic good. Perhaps truth is an epistemic good because it is the defining goal of inquiry. Then a proposition’s truth might make states of believing it into realizations of the goal of inquiry, thus conferring a kind of epistemic goodness on them. The chapter argues against the idea that truth is a defining goal of inquiry. Inquiry does not necessarily aim for truth, but for epistemic improvement. The basic line of argument is that truth can’t be the goal of inquiry if it is possible to inquire sincerely when one knows one already has the true answer to a question. Such “knowing inquiry”, however, is possible. So, truth isn’t the goal of inquiry. Instead, the chapter suggests that inquiry aims at improving one’s epistemic situation, generally by improving the accuracy of one’s degrees of belief in possible answers. Such an approach makes sense of how inquiry often does aim for truth, and it allows for an innocent version of the claim that inquiry “aims for truth”, consistent with the Strong Virtue Theory.
Conclusion
Authors: Wrenn Chase B. 
Published: December 2023

Abstract
This chapter recapitulates the main line of argument for the Strong Virtue Theory. First, we morally ought to be Truthful rather than Untruthful people. Truthfulness promotes the overall good better than Untruthfulness. So, there is a state-given explanation for why we ought to value truth, which should be attractive to Aristotelians of all stripes, including deflationists. But the Strong Virtue Theory requires more. It requires that there also be no object-given explanation of why we ought to be truthful. The main line of argument takes a retail approach to rejecting object-given explanations of truth’s value. It rejects normativism’s claim that value is somehow built into the nature of truth or the meaning of TRUE. And it rejects the idea that the truth of a proposition somehow confers instrumental, intrinsic, or special epistemic value on states of believing it, to which we ought to respond by valuing truth. The chapter also revisits the question of what we must assume about truth and value to solve the Problem of Truth’s Value. We need a suitably strong theory of truth, but a theory can be strong enough without supposing truth is a substantive property. While this book focuses on state-given, moral explanations of why we ought to be Truthful, it doesn’t rule out the possibility of other state-given explanations.
Denial of Justice and Judicial Measures
Authors: Sattorova Mavluda 
Published: December 2023

Abstract
The rise of investment arbitration over the last three decades and the tendency of investors to contest host states’ judicial measures has reignited long-standing debates over the contours of state responsibility for judicial conduct. Historically, it was well-established that the standard of denial of justice was a principal legal vehicle to address claims involving alleged mistreatment of individuals in host state courts. Long before the rise of investment treaties and investor–state arbitration, however, scholars and practitioners of customary international law were divided over the definition of a denial of justice. The disagreement has persisted in the jurisprudence of investor–state tribunals. Tribunals and commentators have both diverged in their interpretation of the types of governmental conduct that violate the standard. The chasm between the emerging schools of thought is not only semantic. Focusing on the most salient cases on judicial measures, this chapter highlights key trends in the evolution of investment arbitration. It seeks to identify where the law took a wrong turn and what can be done to provide a more solid analytical foundation for adjudication of claims arising from alleged judicial misconduct.
The Right to Regulate
Authors: Sierra-Camargo Jimena , Suárez-Ricaurte Federico 
Published: December 2023

Abstract
Much scholarship treats the right to regulate (RTR) as a means of reconciling the conflicting interests of investors and states. This chapter considers the potential of the RTR to make investment arbitration fairer and more balanced, arguing that the RTR does not sufficiently protect the regulatory space of host states. Interpretations by arbitral tribunals tend to adopt expansive standards of treatment, such that the regulatory capacity of states is sacrificed in favour of foreign investor interests. Moreover, there is much uncertainty about the scope of the state’s ‘right’. Invocation of the RTR on a case-by-case basis renders the right uncertain and unpredictable. The chapter discusses the Eco Oro v Colombia award to illustrate how even treaties that incorporate an explicit RTR can be distorted by tribunals to favour investors. If preserving state sovereignty is to be taken seriously, a more comprehensive redesign of the standards in investment treaties is needed.
The Determination of Quantum and Claim Inflation
Authors: Boué Juan Carlos 
Published: December 2023

Abstract
Quantification of damages in investment arbitration has not attracted a great deal of attention in the specialized literature. Yet it is the feature of greatest practical relevance to parties involved in the cases. Quantum is also arguably the topic most gravely impacted by misdirection in international investment law. ISDS (investor–state dispute settlement) makes it easy for claimants to pursue wildly inflated damages. Weaknesses of lawyers and arbitrators in connection with economic topics foster an environment rife with abuse. As a result, quantum has increasingly become a hunting ground for experts who inflate claims using expertise not readily understood by most lawyers and arbitrators. Among other elements, this tendency heightens the asymmetry between the incentives of claimants and those of respondents in ISDS damages submissions. As examples, the chapter discusses the floor and ceiling of compensation and examines how misapplication of the DCF (discounted cash flow) methodology has led to claim inflation.
Figleaves for Racism
Authors: Saul Jennifer Mather 
Published: December 2023

Abstract
This chapter introduces the idea of racial figleaves, which are typically additional material that raises some doubt about whether an otherwise racist-seeming utterance really is racist. It argues that racial figleaves play an important and dangerous role in shifting the way that important norms (such as norms against racism) are understood. The chapter discusses many kinds of racial figleaf—including non-linguistic figleaves (such as visual or human figleaves), figleaves for other people’s utterances, and figleaves for actions. It addresses the tricky issue of determining when an utterance is a figleaf, and the question of whether a figleaf must actually be covering for racism. Finally, the chapter shows the importance of figleaves both for mainstreaming explicitly racist discourse and for fomenting division among groups.
The Rise of Blatant Falsehood
Authors: Saul Jennifer Mather 
Published: December 2023

Abstract
This chapter tackles the widespread sense that something has recently gone badly wrong with respect to truth and falsehood in our political discourse. It rejects the idea of a post-truth era, but it also rejects the idea that there is nothing new in our current era with respect to falsehood. Turning to conspiracy theories, it again rejects the idea that there is nothing new, but also rejects various existing analyses of what is new. In the end, the chapter argues that our era is characterized by a new mainstreaming of obvious falsehoods (recognized as such by the mainstream media) in political discourse; and by a new ability for politicians to endorse such falsehoods and still survive professionally.
The Triangle of Human Rights, International Law, and Sustainable Development
Authors: Wouters Jan , Hoornick Michiel 
Published: December 2023

Abstract
This chapter discusses the triangular relationship between human rights, international law, and sustainable development. It notes how international human rights obligations of states and international organizations affect actors' politics and practices in the field of development and the implementation of the United Nations’ Sustainable Development Goals (SDGs). Human rights and sustainable development share numerous philosophical propositions while aiming to protect humanity from a variety of dangers. The chapter looks into the human-rights-based approach (HRBA) to development, which is important for the protection and empowerment of discriminated groups. However, an HRBA contains the risk of politicizing non-political issues, of contestation between duty-bearers and right-holders, and of polarizing different social groups.
United Nations Human Rights Treaty Bodies’ Approaches
Authors: Mwenifumbo Anganile Willie , Furuya Harumi Fuentes , Ayissi Marie-Joseph 
Published: December 2023

Abstract
This chapter focuses on the approaches of the United Nations human rights treaty bodies. It starts with the adoption of the United Nations’ 2030 Agenda for Sustainable Development (UN 2030 Agenda). The UN 2030 Agenda represents a paradigm shift from Millennium Development Goals that embraces a plan of action based on human rights standards. Moreover, treaty bodies play an active key role in monitoring the implementation of Sustainable Development Goals (SDGs)-related human rights obligations under their respective treaties. The chapter also notes treaty bodies’ duties of generating crucial data on SDGs and issuing important recommendations that guide states towards the realization of the SDGs.
Achieving Gender Equality
Authors: Fredman Sandra 
Published: December 2023

Abstract
This chapter assesses how the Sustainable Development Goals (SDGs), especially SDG 5, can complement binding human rights instruments to achieve gender equality. It sets out a four-dimensional vision of substantive gender equality to evaluate both the SDGs and human rights, focussing on care-giving and reproductive rights. The SDGs represent great promise, but emphasize aggregate outcomes rather than individual well-being, and rely on weak accountability mechanisms. Human rights emphasize individuals and are legally binding. However, substantive gender equality is still only partially incorporated, particularly concerning women in poverty. SDGs and human rights must therefore work together to achieve substantive gender equality.