bluuebunny/crossref_metadata_2025_split huggingface dataset:
The Role of International Law in Development Practice
Authors: Pronto Arnold N 
Published: December 2023

Abstract
Why are the lawyers here? This is a refrain sometimes heard in the corridors and meeting rooms in which ‘big-picture’ policy discussions on matters of global concern, such as sustainable development, are held. There is value in taking the time to ponder the answers to that question. This chapter will limit itself to two modest assertions. First, that law does have a role to play, and that such role is rooted in the regulation of societal complexity. Second, building on the first, that there is strength in diversity of thought and experience. In order to make a meaningful contribution, international law (and international lawyers) should embrace the multidisciplinary approach and engage with others already occupying the space. This might also mean on occasion letting go of the traditional guardrails and adapting the legal technique with a view to finding novel solutions to novel problems.
International Investment Law
Authors: Kriebaum Ursula 
Published: December 2023

Abstract
This chapter elaborates on the development of international investment law within the broader context of international law. It mentions that sustainable development considerations are increasingly present in foreign investment law. International investment law deals with the protection of foreign investment while aiming to promote development and protect foreign investments. The chapter cites the importance of tribunals using methods provided for in the Vienna Convention on the Law of Treaties that took sustainable development-related concerns into account. It notes that recent investment awards offer elaborate criteria on how to deal with regulatory measures, referencing the usage of the fair and equitable treatment standard and questions of expropriations.
The Relevance of International Law to Sustainable Development
Authors: McInerney-Lankford Siobhán , McCorquodale Robert 
Published: December 2023

Abstract
This chapter tackles the relevance of international law to sustainable development. It notes that regime interaction and fragmentation present fundamental challenges to how different elements of international law, sustainable development, and governance interact. A range of factors influence the form, content, and operation of sustainable development and development law. One underemphasized factor is public international law. This book demonstrates the relevance and applicability of international law rules to a variety of policy areas and issues. This chapter analyses the relationship of international law to sustainable development and makes a proposal for international law due diligence as a means to ensure that relevant and applicable rules of international law are assessed, analysed, and taken into account by development actors, including states and non-state actors.
Newman and Justification
Authors: Holtzen T. L. 
Published: December 2023

Abstract
This book examines John Henry Newman’s via media ‘doctrine of the justifying Presence’ in the Lectures on Justification. It contends that Newman put forth his via media doctrine of the justifying presence by employing a trinitarian grammar of divine inhabitation in which the Holy Spirit is the formal cause of justification as a solution to the Reformation debate over justification. Newman sets his via media of justification between the extremes of justification by ‘mere imputation’ in ‘popular Protestantism’ and that of justification by works-righteousness in ‘English Arminianism’ and ‘Romanism’. The word ‘justification’ means both being declared and being made righteous because the eternal Word is spoken into the soul by the Holy Spirit in justification. Newman identifies this with ‘the gift of righteousness’ (Rom 5:17) and calls it the ‘doctrine of the justifying presence’. The justifying presence is an imparted righteousness, in distinction from both the Protestant notion of imputed and Roman Catholic idea of inherent righteousness. The justifying presence comes through the sacraments, creates faith in the human soul, and begins a renewal in good works, all of which in different ways justify. The divine inhabitation of the Holy Spirit in the soul is the formal cause of justification by causing a duplex iustitia of both Christ’s imputed righteousness and by beginning an actual righteousness in renewal. Newman’s via media ‘doctrine of the justifying presence’ has great ecumenical promise because it shows how the trinitarian grammar of justification necessarily causes renewal through divine inhabitation.
Newman’s Lectures on Justification
Authors: Holtzen T. L. 
Published: December 2023

Abstract
Chapter 2 examines the historical reason for the Lectures on Justification. Newman wrote them in reply to a controversy caused by Pusey’s Tract 67, ‘Scriptural Views of Holy Baptism’. At issue was the opposition of justification by faith to baptismal regeneration. Following Pusey, Newman thought the two were compatible, and so justification cannot be separated from renewal. He identified a tendency in evangelical Anglicanism to separate justification by faith from renewal as justification by ‘mere imputation’. Newman wrongly called this ‘Lutheran’ because of its historical affinity with Lutheran antinomianism in the Majorist controversy. Yet, Newman thought that Melanchthon agreed with Anglicanism because he did not separate justification from renewal. The Lectures are part of Newman’s larger attempt to construct an Anglican via media. To create his via media doctrine of the justifying presence, Newman relies on the patristic and trinitarian grammar of union with Christ by the Holy Spirit.
Newman’s Via Media of Justification
Authors: Holtzen T. L. 
Published: December 2023

Abstract
Chapter 3 shows how Newman sets his via media of justification between two extremes present in the life of the English Church. One extreme is justification by mere imputation, which Newman associates with evangelical Anglicanism or ‘popular Protestantism’, while the other is justification by obedience, which is found in English Arminianism and in ‘Romanism’. Newman opposes both extremes with their accompanying erroneous tendencies toward antinomianism and Pelagianism. Neither teaching is problematic by itself. However, when either are treated ideologically as ‘a leading idea of a theology’, then it truncates the gospel. Newman believed Lutheranism did this with its teaching that justification sola fide is ‘the article by which the church stands or falls’. Most attempts to understand Newman’s via media of justification have wrongly concluded that it is a historical via media not an ideological or conceptual one between the extremes present in the life of the English Church.
‘The Doctrine of the Justifying Presence’
Authors: Holtzen T. L. 
Published: December 2023

Abstract
Chapter 5 examines Newman’s teaching that the justifying presence consists in ‘the gift of righteousness’ (Rom 5:17). Unlike Luther’s separation of the grace of Christ from the gift of the Holy Spirit in his interpretation of Rom 5:15–17, for Newman there is a single gift in justification—Christ’s righteousness given to the soul through the Spirit’s inhabitation. Through the Spirit the soul receives Christ’s imparted righteousness, which differs from the Roman Catholic idea of grace as a created quality, because it causes a subsequent renewal in actual righteousness. Newman describes actual righteousness as ‘adherent’ since it adheres to the divine presence as its origin and source. Justification belongs to the mission of the Spirit who brings Christ’s atonement to the soul through the sacraments. As Christ is justified by the Spirit in his bodily resurrection, so too the human is justified by the Spirit through a resurrection in holiness.
Justifying Faith, Sacraments, and Works
Authors: Holtzen T. L. 
Published: December 2023

Abstract
Chapter 6 examines in what sense faith, sacraments, and works all justify. The Homilies teach that faith has a unique ‘office’ in justification as both the internal hand that receives the grace given outwardly by the sacraments and as a symbol of justification by Christ alone. In distinction from both Lutheranism and Roman Catholicism, the Homilies teach justifying faith is ‘lively’, that is, a ‘faith working through love’. What differentiates justifying faith from that of the devils’ is not the fact of belief, but how faith subsists. Since justifying faith cannot be separated from love or other virtues, in different ways the sacraments, faith, and good works all justify. Creeds, rituals, and good works are not forms of pseudo-Jewish legalism, but the means for acts of faith done by God’s prior grace. Popular Protestantism is guilty of legalism by replacing faith subsisting in the virtues with conversion experience.
Ecumenical Prospect
Authors: Holtzen T. L. 
Published: December 2023

Abstract
Chapter 8 examines the ecumenical prospect of the Lectures of Justification in light of four recent developments in the theology of justification which share Newman’s concern that justification is inseparable from renewal: the New Perspective, Rahner’s soteriology, the Joint Declaration, and McCormack’s transformative forensic justification. Newman, like the New Perspective, holds that good works are not antithetical to justification by faith, but necessary for salvation. Similar to Newman’s teaching that the divine presence causes actual righteousness, Rahner thinks that the priority of uncreated over created grace through the Spirit’s inhabitation means justification causes renewal. Newman, like the Joint Declaration, asserts that union with Christ by the Holy Spirit in baptism means justification causes renewal. Sharing Newman’s concern that forensic justification is a legal fiction, McCormack argues for a transformative forensic justification by effective divine imputation in which justification causes renewal. Each development thus shares Newman’s concern that justification causes renewal.
Contract and Unjust Enrichment
Authors: Swain Warren 
Published: December 2023

Abstract
This chapter suggests that supporters of unjust enrichment may have adopted an unduly narrow view of contract law which is at odds with the historical narrative. The term ‘quasi-contract’ is commonly equated with a fictious implied contract. In fact, liability brought about by contractual incapacity, failed and unenforceable contracts, and quantum meruit can be justified by real rather than fictitious contracts. The reason that contractual reasoning was squeezed out was not so much because these claims cannot be regarded as contractual in character, but because of the influence of the classical model of contract.
Doctrinal Design in Unjust Enrichment
Authors: Jansen Nils 
Published: December 2023

Abstract
In a former paper on the history of claims for unjust enrichment in Germany (‘Farewell to Unjustified Enrichment?’ [2016] 20 Edin LR 123–48), the author of the present chapter presented a reflection on the history of claims for unjust enrichment in Germany. Jurists from common law jurisdictions, such as South Africa, Scotland, and England, have read and criticized that paper from the perspective of present debates in their legal systems. Reflecting on these responses and criticisms, this chapter clarifies where the German experiences may be relevant for other legal systems. The focus of the chapter is on typical entanglements between unjust enrichment and other parts of the legal system, such as the rules on performance or basic legal principles and policies of contract law. On this basis, the chapter then asks whether lessons can be drawn from the German experience, as far as the doctrinal design and mapping of claims for restitution are concerned.
Embracing Private Law’s Miscellany?
Authors: Letelier Pablo 
Published: December 2023

Abstract
This chapter explores the recent evolution of the notion of quasi-contract in French private law, focusing on the reasons behind its inclusion in the recent reform of the Civil Code. It shows that modern French law does not conceive the quasi-contract category as a mere collection of situations giving rise to entirely different obligations. On the contrary, the reform seems to have chosen to preserve this category out of a belief that some coherence would exist among the rules governing quasi-contractual obligations. The chapter suggests that the French experience might help to identify some of the challenges of abandoning a unified approach to obligations beyond contracts and wrongs in common law jurisdictions.
The Jesuit School
Authors: Lynch, O.P. Reginald M. 
Published: December 2023

Abstract
This chapter examines the contributions of three influential early modern Jesuits and one Dominican: Robert Bellarmine, Francisco Suárez, Gabriel Vásquez, and John of St. Thomas. As the earliest of these thinkers, Bellarmine considers Aquinas in the context of the continued polemics with second- and third-generation Protestant Reformers he encountered at Louvain. As later sixteenth-century approaches to Eucharistic sacrifice, the writings of Suárez and Vásquez are in dialogue with a variety of previous contributions to this subject, particularly those of Spanish origin. However, both of these thinkers also represent new and innovative approaches to the question of Eucharistic sacrifice that would prove influential for subsequent interpretations of Aquinas. Initially a student at the Jesuit school at Coimbra, John of St. Thomas critically engages Suárez and other members of the Jesuit school, developing the connections made by Suárez between sacrifice, moral act, and sign in continued dialogue with Aquinas’ Summa theologiae. In this regard, John’s understanding of the relationship between sign and moral act allows him to describe the sacrificial aspect of the Eucharistic liturgy in a way that intersects with the work of previous thinkers, such as Cajetan and the Salamancans.
Sufi Rituals and Practices
Authors: Ghani Kashshaf 
Published: December 2023

Abstract
Spiritual practices constitute an integral way of religious expression among Sufi communities across the world. Many of these practices are centuries old, yet they form the most recognizable aspect of Sufism even today. This book is an in-depth study on the history of Sufi rituals in South Asia. It explores the practices of sama (listening to poetry and music) and zikr (remembrance of God) through the careers of the earliest Sufi orders in the region—Chishti and Suhrawardi. The period covered in this book coincides with the early history of Sufi orders in South Asia, which also marks the beginning of a complex phase of institutionalization of the Islamic spiritual tradition. Important facets of this development were the consolidation of the Sufi orders, formalization of the master-disciple relationship, establishment of Sufi lodges, observance of specific rituals and practices, and eventually the codification of spiritual teachings imparted by Sufi masters. Sufi Rituals and Practices allows the reader an insight into issues that are important for the historical understanding of Sufi spiritual exercises—the meaning, structure, and performance of sama, the long debate on its legality as a religious practice, the opinion of Chishti masters on questions around the permissibility of sama, the practice of zikr as a core Sufi exercise, the practice of sama and zikr across orders, and the importance of etiquette in Sufi traditions. Scholars, students, specialists, and general readers will benefit from the translation of treatises on Sufi practices made available for the first time to the English-reading audience.
Introduction
Authors: Ghani Kashshaf 
Published: December 2023

Abstract
After beginning with a brief definition and explanation of what Sufism is, the Introduction lays down the structure of the work which focuses on rituals and meditative practices as integral to the Sufi experience. It argues for an understanding of Sufism through distinct regional experiences rather than as an unchanging universal phenomenon. South Asia represents one such region on which the research focuses through the spiritual practices of Chishti and Suhrawardi orders. The historical background and origins of sama are briefly mentioned, along with its questionable position as a religious practice, since poetry and music are seen as contentious practices in the eyes of Islam. After briefly describing the individual chapters, the rest of the Introduction takes up the early debates on the legality of the Sufi practice of sama, in order to bring forth to readers a detailed analysis on how sama came to be defended by early generations of Sufi masters. The discussion of these debates sets the context for understanding Sufi rituals in South Asia.
Far from Delhi
Authors: Ghani Kashshaf 
Published: December 2023

Abstract
Deccan rose as a major seat of Chishti Sufism with the migration of Burhanuddin Gharib, a senior disciple of Nizam al-din Awliya, to Khuldabad. The current chapter discusses the practice of the ritual of sama against the historical context of the rise of Chishti Sufism in the Deccan. The discussion brings into focus the complexities of establishing the Chishti order in an unknown region along with the practice of sama as an integral spiritual practice of the order, all the while taking care to uphold the legality of the ritual in the eyes of religious law. The discussion analyses the individual positions of the important Chishti masters in the Deccan until Gisu Daraz with regard to the ritual of sama, through a close study of their sayings and works. The practice of sama as a private exercise is also discussed with regard to the shrine of Gisu Daraz. The issue of allegory while listening to mystical poetry is also discussed, along with the importance of the singer and the contentious role of musical instruments.
Conclusion
Authors: Ghani Kashshaf 
Published: December 2023

Abstract
The Conclusion highlights the major findings of this book, which begin with the issue of what is a Sufi ritual and its importance and relevance in the history of Sufism as it spread across various regions of Asia. The next issue of concern is the rise of Sufi orders in South Asia and the formalization of major Sufi practices like sama and zikr by Chishti and Suhrawardi orders in a particular regional context. The historical context for the rise of Sufi rituals and practices in South Asia is the core of this research, where the layers of behaviour and conduct of individual Sufi masters have been analysed vis-à-vis their approach to Sufi rituals like sama and zikr. Sufi rituals are not sealed entities; rather under no circumstances can the goals of sama and zikr be considered separate. Finally, the work takes up the important issues of behaviour, manner, and conduct as integral to the Sufi experience.
Agreement between arguments in Andi
Authors: Kaye Steven 
Published: December 2023

Abstract
Andi (Nakh-Daghestanian; Daghestan) presents a striking pattern of agreement in which nominals in the affective case agree with the absolutive argument of their clause. Agreement between arguments is observed with verbs of perception and cognition which require affective case on the experiencer and absolutive case on the stimulus argument. Agreement between the arguments of a predicate is at best unexpected, and accordingly attempts have been made to demonstrate that apparent instances of this behaviour have an alternative explanation. The behavioural properties of agreeing nominals in Andi are explored to elucidate the syntactic status of the item expressing the experiencer. A robust set of evidence is presented (including the results of tests on imperative clauses, control structures and reflexive clauses) to establish that in Andi the experiencer is a genuine argument of the verb and has a range of subject properties.
Victims
Authors: Goltermann Svenja 
Published: December 2023

Abstract
This book reveals a fundamental shift in perceptions of harm by reconstructing the emergence of the figure of the “victim” over a long period of time, stretching from the late 18th century to the present. It insists on the historicity of victimhood; therefore, its central question is how it became plausible – and perhaps even necessary – in the course of the 19th and 20th centuries for individuals and groups to describe themselves as victims. It argues that major historical events were not the decisive reasons for this shift. Rather, new knowledge, especially in medicine and law, and new power relations fundamentally changed the perception and interpretation of death and suffering, of legitimate and illegitimate violence. Thus, the book is grounded in the still-nascent field of the history of knowledge, bringing together various sources and methodologies in order to examine the complex genealogy of the modern concept of victimhood. Central to this project is the claim that the predominant focus on victims of violence today, including their self-description as victims, was and is linked to the production, dissemination, and establishment of knowledge, above all legal and medical knowledge. The geographical focus is on Europe, but international developments and transnational interactions are taken into account in various ways. Thematically, the work touches on and weaves together a wide range of topics ranging from changing perceptions of death, narratives of suffering, and the history of humanitarian law to discourses on trauma and human rights.
Introduction: On the Historicity of Victimhood
Authors: Goltermann Svenja 
Published: December 2023

Abstract
This short introduction provides an overview of the shifts in the perception of who constitutes a victim and addresses recent criticism of victim attributions. It explains why a historical perspective on the history of victimhood is necessary, arguing that the figure of the victim emerged due to historically contingent attributions of self and others, linked to the production, distribution, and establishment of knowledge, especially legal and medical knowledge. Three recent examples from different contexts are presented to introduce the book’s central theme: the death of a child refugee, a UN report on humanitarian aid, and a trial held at the International Criminal Court. This introduction highlights its two key arguments: First, that there is no universally fixed interpretation of death and suffering, and second, that the figure of the victim needs to be historicized to grasp its non-linear, ambiguous, and contested genealogy.
Efforts in International Law
Authors: Goltermann Svenja 
Published: December 2023

Abstract
This chapter focuses on the impact of international law on shifting perceptions of who constitutes a victim. It argues that the figure of the victim served as a rationale for various political actions. It was also instrumentalized for propaganda purposes, as the example of the Nazis shows. The chapter contends, first of all, that the emergence of the victim figure was linked to changing perceptions of legitimate and illegitimate violence. These shifts were linked to medical knowledge, new legal concepts, and the subsequent establishment of international legal norms that sought to “humanize” warfare during the latter half of the 19th century. Second, the chapter highlights the way in which changing knowledge of international law gradually transformed the discourse around violence and what was classified as an unlawful act of war or war crime. Referring to individuals as victims in public and political discourse became increasingly common; the victim became a symbol of acts of illegitimate violence. However, the shift in perceptions of legitimate and illegitimate violence was uneven. Rooted in racist concepts of difference, colonial violence was largely exempted from these efforts to “humanize” modern warfare. Finally, the chapter highlights the historical roots of contemporary fact-finding commissions: as international regulations on warfare became codified, fact-finding commissions to investigate violations of international law gained salience.