bluuebunny/crossref_metadata_2025_split huggingface dataset:
Strawson on Other Minds
Authors: Cassam Quassim 
Published: December 2023

Abstract
This chapter outlines and evaluates Strawson’s various responses to the conceptual and epistemological problem of other minds. Questions are raised about his way of motivating the conceptual problem and his solution to the problem. His attempt to dissolve the epistemological problem is shown to be unsuccessful, since it fails to demonstrate that in order to ascribe states of consciousness to oneself, one must have knowledge of other minds. Strawson’s explanation of how we ascribe mental states to others is also shown to be excessively narrow. It is a mistake to explain other-ascriptions in exclusively behavioural terms, without taking proper account of other potential grounds. Empathy is of particular interest in this connection, both as grounding ascriptions of mental states to others and as a potential source of understanding of other minds.
P. F. Strawson and the ‘Pseudo-Material Shadows’
Authors: Montague Michelle 
Published: December 2023

Abstract
In section IV of ‘On Referring’ (1950), P.F. Strawson warns us of the ‘long philosophical shadows’ cast by the subject-predicate distinction. ‘The distinctions between particular and universal, between substance and quality’, he says, ‘are such pseudo-material shadows, cast by the grammar of the conventional sentence in which separable expressions play distinguishable roles’. Although Strawson later offered some qualifications on this claim, this chapter shows how, in his book Individuals (1959), he adheres to its basic spirit. There he holds that just as the fundamental form of thought is not the subject-predicate form, so too the fundamental form of reality is not the particular-universal form.
Concepts and Experience in Bounds of Sense and Beyond
Authors: Glock Hans-Johann 
Published: December 2023

Abstract
This chapter explores a theme which is central both to Strawson’s descriptive metaphysics and to his analytic Kantianism—the relation between concepts and experience. Strawson’s account of ‘the necessary cooperation of sensibility and understanding’ in experience is immensely powerful but also problematic. Strawson is right in diagnosing limits to the concept of a possible experience, yet wrong in suggesting that those limits imply that any conceivable experience must be conceptual and can be enjoyed only by subjects that can ascribe experiences to themselves. Furthermore, these limits are not of a sui generis kind specific to a Kantian metaphysics of experience. They have to do with the role that certain concepts and propositions play within our overall conceptual scheme. The insights descriptive metaphysics has to offer are best conceived neither as synthetic a priori (contrary to orthodox Kantianism), nor as straightforwardly analytic or ‘grammatical’ (contrary to Wittgensteinian commentators), but as conceptual truths of a special, mediated, kind.
Editions
Authors: Goldschmidt Nora 
Published: December 2023

Abstract
Papyrus is not the only (or even the main) way in which fragments of ancient texts have come down to modernity. Most survive through indirect transmission: not as material fragments broken off from once complete manuscripts, but quoted, digested, and paraphrased in the words of other authors. This chapter considers scholarly editions of classical texts that have survived in this way, as well as parallel textual interventions made by classical philologists. It looks at the use of Franz Bücheler’s edition of Petronius in T. S. Eliot’s The Waste Land, at the epigraph from Hermann Diels’ edition of the Presocratic philosophers in Burnt Norton, and at the fragmentation of the Odyssey via debates in Homer scholarship in what became Ezra Pound’s Canto I. Showcased in paratextual positions in three of the works that came to define the modernist canon, the work of classical scholars was co-opted into the modern struggle for textual and cultural recovery over loss. But where classical scholars had tried to develop a scientific philology of the fragment, in the new contexts of modernism, their techniques and results became enmeshed with the fragmentary concerns of modernity. Transposed to new settings, the task of philology was retrospectively re-cast to involve not so much the production of scientifically reconstructed wholes, but of fragments that mirrored the literary modes of modernism.
Intercultural Explorations and the Court of Henry VIII
Authors: van Pelt Nadia T. 
Published: December 2023

Abstract
Seldom has a royal court invited such intensive study as that of Henry VIII, or become so prominent in popular culture. Nonetheless, this book is committed to offering a fresh perspective on Tudor court culture, by using continental sources to contextualize, nuance, and challenge long-held perspectives that have been formed through the use of well-studied, Anglophone sources. Using a wide variety of textual sources, from ambassadorial correspondence, account books, legal records, and marital contracts, to cookery books and travel accounts, this study presents original research in history, literature, and cultural history. The case studies in this monograph address specific questions that challenge what we know or think we know about Tudor court culture. For example: was it good taste to bring a jester to a royal deathbed? Was John Blanke really the first Black musician to perform at the Tudor court, or did he follow the footsteps of another celebrated performer of African descent? When Charles V came to meet Henry VIII, did he eat from his own plate? And why did courtiers express themselves negatively about Anne of Cleves’s appearance? By addressing such specific questions, this book will show that however quintessentially ‘English’ Henry VIII’s court, it was essentially a place of cultural and intercultural encounters that is best understood when studied in dialogue across languages, geographical barriers, and scholarly disciplines.
Origins and Current Status
Authors: Golding Gabrielle 
Published: December 2023

Abstract
This chapter engages in an historical and comparative analysis of a selection of well-recognised terms implied by law into English and Australian employment contracts. It conducts the same analysis in respect of those contracts which also have the potential to be implied by law into the broader category of contracts for the performance of work. The origins and current status of each select term across both jurisdictions are traced, navigating the initial origins of the selected terms up to a case (or cases) cited in recent times, ignoring incidental decisions in between. Ultimately, this analysis demonstrates that when implying these terms by law, courts have tended to avoid any adequate consideration of why they are necessary incidents. Their application to some, or all, instances of employment, and—in certain cases—potentially to the broader category of contracts for the non-standard performance of work, is simply presumed. There is a clear carry-over of obligations that underpinned the former master and servant regime, which have now found their way into shaping the employment contract, and possibly also the broader category of contracts for the performance of work, contributing to blurring the distinction between employment and non-standard modes of work.
Mutual Trust and Confidence and Good Faith
Authors: Golding Gabrielle 
Published: December 2023

Abstract
This chapter examines the English and Australian emergence and present operation of the duties of mutual trust and confidence and good faith, primarily in respect of employment contracts, but with reference to their potential broader application to contracts for the performance of work. The chapter adopts a substantially similar methodological approach as Chapter 3, tracing the historical origins and current status of both duties in England and Australia, as well as highlighting the peculiar divergences between jurisdictions. It opens with an examination of the origins and current status of the implied duty of mutual trust and confidence in England, and then recounts the possible rise of the mutual trust and confidence duty in Australia, followed by its definite fall following the High Court of Australia’s decision in Commonwealth Bank of Australia v Barker. The mutual trust and confidence duty’s potential application beyond employment in both England and Australia receives dedicated attention. A similar historical analysis of the implied duty of good faith is then engaged in by considering its origins and current status, both in England and Australia. The chapter finishes by canvassing the potential application of a good faith duty beyond employment in contracts for the performance of work in respect of both jurisdictions.
Employment as a Class of Contract
Authors: Golding Gabrielle 
Published: December 2023

Abstract
This chapter considers the first element of the test for implying a term by law as a necessary incident of employment contracts: that the term must be necessary in the ‘class’ of employment contracts. It undertakes a comprehensive analysis of employment contracts as a ‘class’ into which terms are implied by law, which, by its nature, includes an assessment of what separates that class of contract from other types of contracts for the performance of work. The discussion in this chapter demonstrates that, in the context of implying terms by law, the class of employment contracts is not easily identifiable. In fact, the so-called ‘class’ is an overly generalised and inconsistently defined category into which terms have been and are implied by law. In that sense, the employment contract does not necessarily confine itself to a unique definition or understanding. It retains a whole range of characteristics that are also present in other types of contracts, including the broader category of contracts for the performance of work. Courts have paid sparse attention to identifying and understanding employment contracts as a distinctive class of contract when they imply terms by law. There is scope for courts to develop that understanding. Generating this further understanding will assist courts in developing the common law that shapes employment contracts. It will also allow for more accurate predictions as to how common law is likely to develop as it continues to shape those agreements.
Truth and Instrumental Value
Authors: Wrenn Chase B. 
Published: December 2023

Abstract
This chapter begins a retail case against the idea that truth confers value on beliefs. It addresses the case of instrumental value. Does the truth of a proposition confer instrumental value on states of believing it? Instrumentally valuable beliefs help us to achieve our goals. The chapter argues that truth as such doesn’t make a belief helpful in achieving our goals. In stereotypical cases, we credit our successes to true belief and our failures to false belief. That, however, has more to do with our stereotypes than with truth itself. The chapter criticizes two arguments for the claim that truth confers instrumental value on beliefs. They are the “argument from means-end beliefs” and the “dangerous falsehoods argument”. The latter is unable to establish the instrumental value of true beliefs, in general, as such. Both fail to appreciate the holistic way in which our beliefs, true and false, guide our actions in the world. Whether a belief helps us get what we want depends largely on what else we believe in the context of our action. Sometimes a true belief would help us, and sometimes we need a false one. The chapter also considers the sense in which we really should value true beliefs as means to our ends. Properly understood, it does not require resources beyond the what the Strong Virtue Theory provides.
Truth and Epistemic Standards
Authors: Wrenn Chase B. 
Published: December 2023

Abstract
This chapter addresses one way truth might be an “epistemic good”. An epistemic good is something that is valuable from the purely epistemic perspective, which sets aside all practical, moral, and other non-intellectual concerns. It can appear that truth matters even from that limited perspective. But why? The chapter focuses on the idea that truth’s value helps to explain or rationalize our epistemic standards, which we deploy in deciding what to believe or assessing the justification of beliefs. If that idea is correct, then we can call truth a “regulative epistemic good”. One way for truth to be a regulative epistemic good is given by the regulative epistemic value-conferral model. On that model, the truth of a proposition confers special value on states of believing it, and our epistemic standards are responses to our recognition of that value. Such an account of truth as a regulative epistemic good would conflict with the Strong Virtue Theory. After outlining the regulative epistemic value-conferral model, the chapter discusses a debate between Paul Horwich and Gurpreet Rattan. Horwich denies that truth is a regulative epistemic good, while Rattan contends that it is. But neither offers a compelling argument. The chapter then draws on insights from both Horwich and Rattan to construct an alternative account of truth as a regulative epistemic good, without resort to the regulative epistemic value-conferral model.
National Treatment
Authors: Schneiderman David 
Published: December 2023

Abstract
The chapter emphasizes recurring interpretive problems that have plagued national treatment analysis, including the difficulty of identifying proper comparators and determining acceptable justifications for deviating from the standard of treatment. In addition, some largely neglected issues are addressed, including standards of scrutiny and the claim that investors secure no greater rights than host state nationals. As national treatment is only a relative, and not an absolute, standard of treatment it is typically considered a modest restriction on state policy space. It is argued, however, that this standard authorizes intrusive international control of state action. This standard of treatment is not so much concerned with unjust discrimination as it is with securing open markets for powerful economic actors. The author concludes by proposing that there should be less interest in adverse impacts on investors than on intentionally discriminatory conduct directed at foreigners.
Most Favoured Nation Treatment
Authors: Yilmaz Vastardis Anil 
Published: December 2023

Abstract
Most favoured nation (MFN) treatment clauses in investment treaties have been one of the most inconsistently applied standards in the realm of investment treaty arbitration. At the heart of the controversy about MFN clauses in investment law is their usage in arbitral case law to ‘import’ substantive standards and procedural rights from third-party investment treaties that ostensibly provide better investor protection. This chapter challenges the utilization of MFN clauses to import external standards into investment treaties. It revisits the non-discrimination rationale of MFN clauses and discusses the pivotal moments when the interpretation of MFN clauses took a turn for the worst within the jurisprudence. What is lacking from many arbitral awards is a consideration of whether the mere presence of the ‘imported’ external standard actually amounts to a less favourable treatment of the investor in real terms. Nor do tribunals consider whether an investor protected by the third-party treaty, who is similarly situated to the claimant investor, has actually benefited from such a standard and placed in a distinct competitive advantage vis-à-vis the claimant. This chapter critiques the departure of investment law practice from the core ingredient of MFN, the non-discrimination principle.
Fair and Equitable Treatment
Authors: Ostřanský Josef 
Published: December 2023

Abstract
This chapter asks how fair and equitable treatment (FET)—a legal standard that played, at best, a supporting role for much of history—has become foreign investors’ most popular weapon in investment treaty arbitration. FET is the most controversial and far-reaching standard under investment treaties, comprised of language that is particularly indeterminate. It is also the standard most often invoked by arbitral tribunals to find states in violation of an investment treaty. The chapter revisits the debates about the origins of the standard and outlines how current arbitral practice related to FET and the protection of foreign investment is guided by a value framework that projects suspicion towards state intervention going beyond market inducement and correction of market failures. Recent debates are highlighted on the standard’s elements that have proven controversial in scholarship, practice, and policy-making: legitimate expectations, legal stability, arbitrariness, and transparency. The chapter concludes with an analysis of related trends in treaty-making and arbitral practice. It is argued that treaty-making and ISDS practice should change with respect to FET, but that such change has been minimal and is unlikely to develop as needed due to the existing dispute settlement model.
Umbrella Clauses
Authors: Odumosu-Ayanu Ibironke T. 
Published: December 2023

Abstract
This chapter provides a critical reading of the origins and purpose of umbrella clauses. Its analysis of contemporary arbitral jurisprudence highlights conflicting interpretations of umbrella clauses. The chapter demonstrates that such clauses serve as a mechanism for the depoliticization of investment law with a view to bringing contracts into the framework of investment treaties. The process serves to legitimize often-problematic domestic arrangements and facilitates engagement with those contracts outside of the domestic spaces of contestation. After tracing their origins and examining the conflicting arbitral jurisprudence, the chapter argues for a reimagination of international investment law without umbrella clauses. It is also acknowledged that the elimination of umbrella clauses does not fully respond to the marginalization of local communities. Ultimately, the chapter advocates a turn to a more robust contract regime which can respond to the complex relationship between states, investors, and affected communities.
Conclusion: Containing the Pernicious Regime of Investment Arbitration
Authors: Sornarajah M. 
Published: December 2023

Abstract
If multinational corporations and their home states lack the ability to use force to conquer, as their predecessors did, they can still exercise control over the economies of other states by other means. International investment law serves this purpose by maintaining norms that favour these actors. Dispute settlement based on investment arbitration lacks the requisite neutrality to adjudicate investment claims impartially. Instead, investment arbitration has fostered a culture of investment protection. Even with so-called ‘balanced’ treaties, the new factors that are supposed to be considered rarely limit arbitral discretion. Instead, as the Eco Oro v Colombia award illustrates, environmentally unsound development can be used to justify damages for the investor. Tinkering with the regime will not address its main flaws. As long as its standards of treatment and current means of dispute settlement are intact, the regime will continue to produce suffering.
Racist Dogwhistles
Authors: Saul Jennifer Mather 
Published: December 2023

Abstract
This chapter explains how racist dogwhistles allow politicians to play on voters’ racial resentments in a stealthy manner, which is necessitated by widespread acceptance of the rather woolly Norm of Racial Equality. Overt Code dogwhistles function like a secret code, transmitting a norm-violating message to a group that is happy to receive this message and a norm-compliant cover message to the group that would be alienated by norm violation (e.g. neo-Nazis using “88” as code for “Heil Hitler”). Covert Effect dogwhistles play on their target audience’s racial resentments without their awareness, affecting them unconsciously (e.g. the term “government spending” is known to activate White Americans’ racial attitudes outside their awareness). The chapter also takes up further issues, such as unintentional dogwhistles, and dogwhistles that have become widely known. It argues that dogwhistles play an important role not just in transmitting racist messages, but also in magnifying division and distrust between groups.
Figleaves, Dogwhistles, and Falsehood
Authors: Saul Jennifer Mather 
Published: December 2023

Abstract
In this chapter, I explore the role that figleaves and dogwhistles play in the spread of falsehood and wildly implausible conspiracy theories. I begin from the Norm of Truthfulness, a woolly norm that is widely accepted, which functions in a manner similar to the Norm of Racial Equality. I show how dogwhistles and figleaves are used to provide deniability for violations of this norm. This allows blatantly false claims to remain circulation, and provides cover for political figures who might otherwise see their careers ended by their support for wild falsehoods.
Dogwhistles, Figleaves, and the Fight against Racism and Blatant Falsehood
Authors: Saul Jennifer Mather 
Published: December 2023

Abstract
This chapter takes up the question of what to do about dogwhistles and figleaves, which I have argued are so effective in spreading blatantly racist and false discourse. It canvasses a variety of possible solutions, arguing both against the simplistic solution of simply pointing out the norm violation; and against the simplistic solution of simply ignoring it. It shows that dogwhistles and figleaves pose important additional challenges for existing interventions like social media moderation and accuracy nudges. Instead, it argues that we need to institute a program of inoculation—but that this must be based in good empirical evidence about what will work, evidence that we don’t (yet) have. At this point the best we can do is to raise awareness and begin research on how to intervene most effectively. And we must do so with the awareness that this is only a small part of a much larger battle.
The Role of International Law in Development: An Introduction
Authors: McCorquodale Robert 
Published: December 2023

Abstract
This chapter introduces the role of international law in development. It explains that international law and the rule of law are the foundations of the international system, where the rules are essential preconditions for lasting peace, security, economic development, and social progress. The sustainable development goals (SDGs) and social and environmental frameworks of key institutions determine the degree of influence international law has within development. The chapter considers how international law significantly changed its scope and depth over the past decades. It clarifies that SDGs are not legally binding, but they are soft laws intended to change behaviours through implementation in policies and activities and increase international trade.
The Case for International Law Due Diligence in the Development Context
Authors: McInerney-Lankford Siobhán 
Published: December 2023

Abstract
This chapter explores the idea that public international law is of central importance to sustainable development. It considers the relevance and applicability of international law norms to particular sectors and issues implicated in development activities. Treaties offer a binding accountability standard grounded in existing international legal obligations. International legal accountability derived from treaties can add value to sustainable development. The chapter discusses the challenge of regime interaction and the fragmentation of international law in the context of development and development law. It also looks into the nature and complexity of the interaction between development law and other international law regimes.