bluuebunny/crossref_metadata_2025_split huggingface dataset:
The Right to Water
Authors: de Chazournes Laurence Boisson , Tignino Mara , Savadogo Haoua 
Published: December 2023

Abstract
This chapter highlights the importance of water for life, human dignity, and health. The human right to safe drinking water is the foundation for the realization and enjoyment of all other human rights. The realization of the human right to water revolves around the factors of availability, quality of water, and accessibility of water facilities. The chapter elaborates on the ambition of Sustainable Development Goal (SDG) 6 to ensure universal and equitable access to safe drinking water of the 2030 Agenda for Sustainable Development. It notes how certain initiatives were developed to incentivise the positive impact that business activities have on water resources.
International Trade and Foreign Investment
Authors: Lim Chin Leng 
Published: December 2023

Abstract
This chapter provides an overview of the history of various principles and doctrines that emerged from trade and investment treaties and soft law instruments. Many of these principles and doctrines are interpretative in nature and have been developed through third-party dispute settlement. In addition, certain relevant principles—of preferential market access, non-reciprocity, and other flexibilities for developing countries—are also reflected in the General Agreement on Tariffs and Trade. The chapter explores international law’s ability to address the challenges of an environmental crisis, developmental aspirations, and the ability of international liberal institutions to fashion rules which grant sufficient freedom to states to pursue social and environmental protection through policies that promote public welfare.
The Rule of Law in Investment—A Condition for Development?
Authors: El-Hosseny Farouk 
Published: December 2023

Abstract
This chapter focuses on the rule of law in investment in correlation to a condition of development. It explains how compliance with international obligations should generally result in peace and development, but the fraternity of states consistently flout their obligations. Data suggests that the rule of law is a fundamental correlate of economic development under a link of utility instead of conditionality. The chapter also considers international investment agreements and investor-state dispute settlement as tools of global governance. It cites that the body of treaties and cases is a treasure trove for policy-makers seeking to improve the rule of law and development.
The Meaning of the Word ‘Justification’
Authors: Holtzen T. L. 
Published: December 2023

Abstract
Chapter 4 examines the meaning of the word ‘justification’ for Newman. He thought the word ‘justification’ has two senses—it can mean either a declaration of righteousness or a making righteous. These two senses are not opposed because God’s declaration of justification is effective when the eternal Word is spoken into the soul through the Holy Spirit. Viewed passively, justification is God’s act upon the soul like Protestants hold, whereas viewed actively, it is God’s act in the soul as Roman Catholics hold. Newman thought Protestants are guilty of teaching that the word ‘righteousness’ in Scripture has two meanings, an accounting and a making righteous, when in fact it has only one meaning, that of being actually righteous. This is because Christ through the Spirit dwells in the soul as ‘Righteousness’, which causes renewal. To explain this, Newman relies upon Hooker’s teaching of participation in Christ through the Spirit of adoption.
Academics and Legal Change
Authors: Peari Sagi 
Published: December 2023

Abstract
This chapter focuses on the legal academics who evidently played a decisive role in the origination of the law of unjust enrichment: Professors Friedrich Carl von Savigny in Germany and Peter Birks in the UK. It places the contribution of these academics in the broader context of the role of legal academics in society and their role as agents of change. To what extent do legal academics impact legal change, and how does the birth of unjust enrichment fit within this framework? Accordingly, the chapter contemplates on the role of legal academics in society and makes a case about their critical role in law reform. Then, it focuses on the law of unjust enrichment. It presents the origins of this law in the Savigny and Birks writings and situates those writings within the general literature on legal academics and legal change.
Restitution in the United States
Authors: Sherwin Emily 
Published: December 2023

Abstract
This chapter traces the evolution of the law restitution and unjust enrichment in the United States, focusing on the American Restatements and the varying ways in which American courts and scholars responded to their subject matter over time. It also compares the American ‘big tent’ approach to restitution and unjust enrichment to the more analytical approach to the subject matter taken in England and, to varying extents, elsewhere in the common law world. Accordingly, the chapter starts with the ‘big tent’ view of the subject in the First Restatement, explains the influence of Legal Realism and elaborates on the evolution of the Third Restatement. Then, the chapter offers some observations on the development of unjust enrichment in the US compared to other Commonwealth jurisdictions.
Faute de Mieux
Authors: Stevens Robert 
Published: December 2023

Abstract
This chapter examines some common alternative accounts to unjust enrichment and explains their deficiencies and importance. First, it engages with property theories which attempt to explain the plaintiff’s right to restitution of the mistaken payment of money, or other transfer of ‘property’, as based upon a pre-existing property right of the plaintiff. The works of Professors Stoljar and Webb fall within this category. Secondly, it engages with theories which are perceiving the right to restitution of work done at another’s request in terms of an expanded law of contract. Here, the chapter looks closely at the classical quantum meruit doctrine. Thirdly, it looks at those alternative accounts which have seen the solution in compensation for loss because of ‘injurious reliance’ or ‘unjust sacrifice’. The chapter demonstrates that alongside the problematic nature of each one of the three alternatives to unjust enrichment, all of them have their own merits.
Agreement and Restitutionary Liability for Mistaken Payments
Authors: Chau Peter , Ho Lusina 
Published: December 2023

Abstract
This chapter considers two recent attempts that claim a defendant’s actual or hypothetical agreement as grounds for restitutionary liability for mistaken payments. With respect to Alexander Georgiou’s attempt based on an actual but tacit agreement, it argues that his account: (1) confuses the motivating causes of the payment with the terms of the payment; (2) rests on a long chain of inference that raises doubt as to the general applicability of his argument to cases of mistaken payment; and (3) offers little guidance on when restitutionary liability should be imposed. With respect to Titiana Cutts’s argument, which is inspired by TM Scanlon’s idea of reasonable agreement, the chapter argues that: (1) the principles considered in her contractualist pairwise comparison are unduly limited and (2) the considerations she takes into account in deciding between principles, such as the security of a party’s plans and the impact on people with limited means, are not specific enough for her conclusion. For example, these considerations cannot explain why reasonable people must choose a principle that gives payors who paid upon a relevant mistake a general right to restitution, but not when they paid upon a misprediction.
Law of Unjust Enrichment or Law of Unjust De-Enrichment?
Authors: Wolff Lutz-Christian 
Published: December 2023

Abstract
The notion of an unjust enrichment law implies—as the name suggests—a focus on the defendant’s enrichment. The idea that unjust enrichment needs to be given up for the benefit of a claimant seems to be generally accepted without much reflection. This, however, does not adequately mirror the reason why a restitutionary remedy is needed, i.e. the de-enrichment of the claimant. Why should the law provide a remedy which focuses on the defendant’s rather than on the claimant’s position? This chapter argues that the enrichment focus of the current law lacks rhyme or reason, that the law of unjust enrichment should rather be understood as a law of unjust de-enrichment, and that such an approach has significant advantages. Most importantly, the focus on the claimant’s de-enrichment would finally allow this whole area of law to be explainable as a coherent regime which offers practical and thus compelling solutions.
Monism versus Pluralism in Unjust Enrichment
Authors: Chen-Wishart Mindy , Hughes Emma 
Published: December 2023

Abstract
To ground the law of incapacity, mistake, duress, undue influence, unconscionable bargains, and the Etridge doctrine in the claimant’s defective consent, or the defendant’s unconscientious conduct will only give the most approximate idea of when restitution is available. This chapter shows the inadequacy of these monistic analyses. More precision is needed to explain the precise size and shape of these unjust factors. It argues that four other factors need to be brought into play; namely, responsibility in contract formation, protection of vulnerable parties from harsh outcomes, public policy, and the demands of administrability. These supplement defective consent and unconscientious conduct to provide a more precise, useful, and transparent account of the law.
Challenges for Canadian Unjust Enrichment
Authors: McInnes Mitchell 
Published: December 2023

Abstract
The Canadian law of unjust enrichment is unique. Twenty years ago, the Supreme Court of Canada fundamentally reformulated the test of injustice. At the same time, the Court chose to treat unjust enrichment as an independent cause of action. While those developments have been largely beneficial, they have also raised challenges. Is ‘unjust enrichment’ restricted to unjustified transfers or does it capture wrongful profits as well? Does the new test of injustice govern all restitutionary claims or does it operate alongside more traditional grounds of liability? Should Canadian judges regard ‘unjust enrichment’ as a failed experiment and revert to earlier approaches to restitutionary liability? This chapter identifies the challenges facing Canadian unjust enrichment.
Aquinas's Summa Theologiae and Eucharistic Sacrifice in the Early Modern Period
Authors: Lynch, O.P. Reginald M. 
Published: December 2023

Abstract
This book is focused on the reception history of Thomas Aquinas’ account of Eucharistic sacrifice during the sixteenth and early seventeenth centuries. Although the sacrificial character of the Eucharist has been of interest to theologians throughout the Church’s history, during the early sixteenth century renewed attention was given to this subject, in part because of disputes that arose between Reformed and Catholic theologians about the relationship between the Eucharistic liturgy and Christ’s sacrifice on the cross. Does the Eucharistic presence itself have a sacrificial quality? Can aspects of the liturgy or dimensions of the moral life be considered a sacrifice, and if so in what way? Although itself a product of the Middle Ages, as a received text the Summa is in many ways a creature of the early modern period. Interpreting the reception of this text therefore requires one to consider not only the Summa in its original environment, but the life of this same text as it was received in new interpretive contexts. In addition to those questions raised by Reformed theologians, during the early modern period the text of the Summa came to be intertwined with a variety of new problems, concerns, and contexts. These include the place of humanist biblical scholarship in the study of theology, the concern for human rights and international law in the Americas, and the relationship between Aquinas’ natural anthropology of sacrifice and pre-Christian accounts of the socio-political context for sacrifice. This book begins by first studying the textual structure and contents of Aquinas’ presentation of Eucharistic sacrifice in the Summa theologiae. Using the text of the Summa as a backdrop, subsequent chapters explore the early modern textuality of the Summa by studying a series of influential theologians such as Cajetan, Vitoria and the Salamanca school, the early Jesuits, and John of St. Thomas.
The Salamanca School
Authors: Lynch, O.P. Reginald M. 
Published: December 2023

Abstract
The third chapter follows the development of the Salamanca school from Francisco de Vitoria to Domingo Bañez. This chapter begins by studying the relationship between Cajetan and the Salamancans, assessing the role that Cajetan—and certain of his texts—played in the Salamancan approach to Aquinas. Subsequently, the teaching of Vitoria, Cano, Soto, and Bañez is examined, paying particular attention to the way in which the Salamancan approach to Eucharistic sacrifice is shaped by the hermeneutical primacy of Aquinas’ Secunda pars for the Salamanca school, the influence of classical Roman authors, and questions surrounding the Indes controversy. When compared with Cajetan, this school offers a fundamentally different approach to Eucharistic sacrifice that is distinct in its hermeneutical method, in its interpretation of Aquinas’ teaching, and in the lexicon of Thomistic texts used to support this teaching. In different ways, both Cajetan and the Salamancans would continue to play influential roles in Catholic Eucharistic theology after the Council of Trent, and their perspectives would intertwine in the work of some later theologians, even within the post-Tridentine Salamanca school itself.
Rhythmical Subjects
Authors: Marcus Laura 
Published: December 2023

Abstract
Tracing a developing fascination with rhythm’s significance, its patterns, and its measures, across philosophy, psychology, science, and the whole range of arts, Laura Marcus shows how and why attention to rhythm came to serve as connective tissue between fields of enquiry at a time when modern disciplines were still in the process of formation or consolidation. The concentration on ‘rhythm’ and its cognates largely arose, as she demonstrates, from the desire to reclaim or retain human and natural measures in the face of the coming of the machine and the speed of technological innovation. Rhythmical Subjects uncovers the disparate routes by which rhythm acquired its newfound ability to link ancient and modern forms of intellectual enquiry, and to fathom and re-invigorate temporal articulations of modern subjective life. Among the numerous intellectual and artistic developments set in a new light by this brilliantly wide-ranging book are: the long line of philosophical and theoretical writing on rhythm, from Nietzsche to Bergson and their twentieth-century interlocutors; psychological explorations of rhythm as the fundamental law of life, from Herbert Spencer and Ralph Waldo Emerson to Elsie Fogarty; more experimental engagements with psychology’s rhythms, from Wilhelm Wundt, Théodule Ribot, and Karl Groos to the aesthetic writings of Vernon Lee; the history of prosody; pioneering applications of rhythm studies to social and sexual reform, by Havelock Ellis, Marie Stopes, D. H. Lawrence, and Mary Austin (among others); Lebensreform movements and the contribution of Rudolf Steiner and Emile Jaques-Dalcroze; and numerous endeavours in artistic and critical innovation, from the small modernist magazines of Bloomsbury and Paris to art salons and dance studios across Britain, Continental Europe, and America.
In the Shadow of the Sultanate
Authors: Ghani Kashshaf 
Published: December 2023

Abstract
This chapter discusses the practice of Sufi rituals in north India during the period of the Delhi Sultanate. The discussion is set against the historical backdrop of the dispersal of Sufi masters across Central Asia and Afghanistan into South Asia, where they subsequently established independent Sufi orders. The focus of this chapter is on the rise of the Chishti Sufi order, through its earliest masters—Muinuddin Chishti, Qutubuddin Bakhtiyar Kaki, Fariduddin Ganj-i Shakr, and Nizamuddin Awliya. These masters, whose biographies are briefly discussed, were responsible for patronizing sama as the leading spiritual practice of the Chishti order. The chapter discusses in detail the formalization of the Sufi ritual of sama, the views of these masters on the practice of sama, the theoretical and performative aspects of this ritual, and finally the elaborate rules under which the performance of sama needed to be undertaken. The chapter also takes up the issue of criticism expressed by the religious clergy against the practice of sama, questioning its legality as a religious practice. This eventually led to an arbitration council in the court of Sultan Ghiyasuddin Tughluq, where the religious leaders confronted Nizamuddin Awliya on the issue of sama.
Defending the Practice of Audition
Authors: Ghani Kashshaf 
Published: December 2023

Abstract
This chapter discusses the defence of Chishti Sufis against allegations by the ulama on the legality of sama. It continues from where the previous chapter ends, at the arbitration council convened by Sultan Ghiyas al-Din Tughluq. In support of the ritual of sama, one of the most learned disciples of Nizam al-Din Awliya wrote a treatise entitled Usual al Sama. The chapter carries a detailed discussion of the various points raised by the treatise, in defence of sama, in the light of the Quran and Hadith traditions. The chapter begins with a description of the life and career of the author Maulana Fakhr al-Din Zarradi, before undertaking a textual analysis of the treatise. At the end of the discussion, the entire treatise has been translated for the first time for an English-reading audience, thereby making accessible to a larger readership a key text which also remains one of the rare works which has survived from this period.
Etiquette is the Key
Authors: Ghani Kashshaf 
Published: December 2023

Abstract
Sufi rituals like sama, which involve the audition of poetry and music expressing love and longing for the Divine, often lead to ecstatic behaviour among Sufi listeners. Sufis are believed to dance in ecstasy in assemblies of sama, so much enraptured that they become oblivious to pleasure and pain. This chapter looks into the expression of ecstasy among Sufis during spiritual practices. This led to questions of behaviour and moral conduct, which led to an intense debate between sober states of composure and intoxicated behaviour. Manners and etiquette therefore became important for Sufis practicing such rituals. The chapter details adab as an important spiritual component of spiritual training, along with the forms of ecstasy which Sufis experienced during sama. The practice of adab towards the Sufi master as well as in spiritual practice thus became a key component of Sufi behaviour, as discussed in the chapter.
Introduction
Authors: Hendley Kathryn , Solomon Peter H. 
Published: December 2023

Abstract
The introduction situates the book in the larger social science literature on Russia, which tends to minimize the role of courts. This book puts courts at the centre of the analysis. It builds on the extensive field research conducted by the authors in Russian courts over the past few decades. The authors supplement and update their knowledge with the secondary literature on Russian courts. It adopts a ‘dual state’ metaphor to make sense of the fact that Russian judges mostly, but not always, rely on the law when resolving cases. This dual-state framework helps to make sense of the propensity of judges to sidestep the law when dealing with cases that have political resonance. The introduction contains an overview of the organization of the book.
Cases with Outside or Inappropriate Influence
Authors: Hendley Kathryn , Solomon Peter H. 
Published: December 2023

Abstract
Chapter 6 addresses the question of which cases involve outside or inappropriate influence and the mechanisms through which that influence takes place. In the process, it examines prosecutions against high government officials initiated by leaders; cases relating to the regulation of politics (speech protest activity on the part of rivals, critics, opposition figures); and cases, civil and criminal, resulting from business disputes. This overview of cases and types of cases that feature outside influence produced a complicated portrait, including multiple instigators (politicians, businesspeople, police) and a tendency to target law enforcement, as opposed to judges, where possible. Attempts to influence judges did occur—in civil and criminal cases alike, but when they did, the perpetrators tended to use the chairmen of courts as a conduit and relied more on administrative pressure than bribes. But often, the sponsors of targeted or sensitive prosecutions did not approach the courts, instead relying on the normal practices of Russian judges to obtain the desired outcome.
Arbitrazh Courts and Business Disputes
Authors: Hendley Kathryn , Solomon Peter H. 
Published: December 2023

Abstract
Chapter 10 focuses on the arbitrazh courts, a post-Soviet judicial institution created to handle disputes involving legal entities. In the decades following their creation in 1992, the jurisdiction of these courts expanded to include causes of action that were non-existent in the Soviet era but became relevant with the advent of the market, such as bankruptcy, shareholder derivative claims, and intellectual property. The structure of the courts also changed in response to needs, integrating intermediate appellate courts. Until 2014, the arbitrazh courts were a self-contained hierarchy. At that time, the apex court of this system was merged into the Russian Supreme Court. The chapter concludes with a consideration of the role of private arbitration in Russia, an option favoured by large corporations, both foreign and domestic.
External agreement in Khwarshi
Authors: Chumakina Marina , Lyutikova Ekaterina 
Published: December 2023

Abstract
As in many other Tsezic languages, the variety of Khwarshi (Nakh-Daghestanian; Daghestan) spoken in the village of Khonokh has agreeing adverbs and postpositions. These typologically unusual agreement targets stand out as exceptional within the Tsezic group by virtue of their infixal agreement pattern. A syntactic analysis of agreeing adverbs in biabsolutive clauses and long-distance agreement constructions demonstrates that apparent variability in the possible agreement controllers of adverbs is structurally determined. Biabsolutive constructions in Khonokh Khwarshi are biclausal, and the adverb agrees with the absolutive of the clause it belongs to. While many constraints on adverb agreement in Khwarshi are syntactic, pragmatic factors determine the controller of agreement with one class of locative adverbials when they are used as discourse particles.