bluuebunny/crossref_metadata_2025_split huggingface dataset:
The Right to (Robust) Privacy
Authors: Véliz Carissa 
Published: January 2024

Abstract
This chapter argues that the right to privacy is a right to a robustly demanding good (i.e., it has counterfactual or modal demands). When we enjoy the right to privacy, we enjoy an assurance that our privacy will be respected, not only here and now, but also in relevant possible worlds (e.g., independently of our income, or our political or religious views). In contrast, privacy is a good enjoyed thinly (i.e., in the here and now). That is, privacy and the right to privacy can come apart. One can have privacy and yet have one’s right to privacy violated. Conversely, one can have one’s right to privacy respected while losing privacy. Section 1 argues for the right to privacy as a robustly demanding good. Section 2 makes the point that rights that protect robust goods like privacy, democracy, and security share the same structure. Section 3 addresses the objection that this account is not parsimonious. Section 4 details what are the possible worlds that the right to privacy covers and what is meant by assurances that our privacy be respected. Section 5 clarifies the role of social norms in supporting privacy and the right to privacy. Section 6 explains why sensitive inferences violate the right to privacy, even when they turn out to be false. Section 7 argues that the right to privacy is a collective endeavour. Section 8 concludes the chapter with a summary.
Privacy Deceptions
Authors: Véliz Carissa 
Published: January 2024

Abstract
To plot a comprehensive map of privacy, it is not enough to consider privacy, the right to privacy, and privacy duties. We also have to take into account perceptions of privacy and their manipulation. There are times when people think they are being surveilled when in fact they enjoy privacy. And there are times when people think they have privacy but in fact are being surveilled. Sometimes these misperceptions happen unintentionally, as when a person is unaware, say, about her employer’s surveillance rules, even if the rules are prominently displayed, or when someone thinks a person is gazing at her, when in fact the person is blind. Many times, however, people intentionally manipulate others’ perceptions of privacy. When someone succeeds in manipulating a person’s perception of privacy so that she believes she has privacy when in fact she does not, it is a case of deceptive privacy. If she is made to believe she does not have privacy when in fact she does, it is a case of deceptive surveillance. These cases are notoriously absent from the literature on privacy, but they can be as morally significant as violations of the right to privacy. This chapter offers an ethical analysis of these kinds of cases.
On the Place of Imagination in the Architecture of the Mind
Authors: Omoge Michael 
Published: January 2024

Abstract
Does imagination have a space in the architecture of the mind? More strongly, does imagination have an internal structure in the sense of having psychological processes dedicated to its operation? This chapter argues that it does. The author gives voice to one minority view according to which the psychological processes at work in the formation of experiential and propositional imagination are those dedicated to perception and language, respectively. He argues that this view forces perception and language to be directly connected in cognitive architecture, and this contravenes our best available cognitive neuroscience on the relationship between perception and language, which says that perception and language are indirectly connected. Using aphantasia, the author also shows that the other way around will not work, i.e., retaining the indirect connection between perception and language by forcing experiential and propositional imagination to now be indirectly connected. He then shows how stipulating an internal structure for experiential and propositional imagination sustains both the indirect connection between perception and language and the direct connection between experiential and propositional imagination. Unless some of our best sciences are wrong, it is best to say that imagination has a space in cognitive architecture.
The Paradox of Delusions
Authors: Furl Nicholas , Coltheart Max , McKay Ryan 
Published: January 2024

Abstract
Delusions are pathological beliefs, often with bizarre content. They feature in neurological disorders and in psychoses associated with psychiatric disorders (e.g., schizophrenia). This chapter reviews two apparently opposing ways that the research literature characterizes delusions. While delusions are often defined as beliefs that are rigid and unaffected by evidence, they are also frequently conceptualized as beliefs that are unduly swayed by minimal, insufficient evidence. The authors review empirical studies and theory from psychology, neuroscience, and computational psychiatry which embody this contrast. Prevailing perspectives, they show, frame belief formation as a process of integrating new evidence into existing beliefs. This view tends to sculpt hypotheses about delusions (and other psychotic symptoms such as hallucinations) into two types. First, relevant evidence fails to affect prior beliefs, which are too entrenched. Second, evidence overly dominates prior beliefs, which have too weak an influence. This paradox calls for a profound rethinking of these perplexing and distressing symptoms.
Legislative Initiative
Authors: Patrin Maria 
Published: January 2024

Abstract
The chapter presents the Commission’s right of legislative initiative, through the examination of the revision of the Posting of Workers Directive. The case study illustrates how collegial decision-making can work under exceptional political and time constraints. It represents an extreme test-case for collegiality, in which several aspects of the Commission’s collegial work came to be challenged. The dossier was politically highly sensitive, it followed fast-track internal decision-making, it led to conflicting views in the college, and it triggered a reaction from national parliaments through the so-called ‘yellow card’ procedure. Hence, collegiality was stretched, especially at the preparatory stage of the proposal. Consultation procedures were significantly shortened. Furthermore, the process was led and controlled by the President’s cabinet. Yet, even in such extreme circumstances, major procedural requirements were respected, and collegiality held.
Introduction
Authors: de Beer Susanna 
Published: January 2024

Abstract
The Introduction offers the historical, theoretical, and methodological context to understand the monograph’s main thesis and organization. Based on the insights of heritage studies and classical reception studies, it starts by explaining how the proliferation of claims regarding the legacy of ancient Rome as an idealized past in Renaissance Europe led to the specific battle dynamic between “insiders” and “outsiders” that is central to this monograph’s thesis. It moves further by introducing imagology as crucial to the understanding of positive images and negative “counter-images” as weapons in this metaphorical battle, as well as distinguishing “power,” “morality,” “cityscape,” and “literature and learning” as the four main domains of ancient Rome’s legacy that were regularly claimed. Next, it analyzes the crucial but complex role of the Latin literary tradition and of the Renaissance humanists, who are the main agents in shaping these claims as “spin doctors” for various patrons, at the same time as they claim the learned legacy of ancient Rome to promote Renaissance humanism and to shape their self-image as “New Romans.” Finally, the introduction argues for humanist Latin poetry as an ideal and innovative source to map the “Renaissance battle for Rome” by adopting a combination of rhetorical and intertextual readings.
A New Golden Age
Authors: de Beer Susanna 
Published: January 2024

Abstract
Chapter 1 sets the stage by exploring the causes and implications of the growing dominance of the “rhetoric of renewal” that came to pervade all domains. Starting out from the poetic works of Petrarch, this chapter argues that this rhetoric—which drew on a circular vision of history—reflects a strategy that increasingly became central not only for other humanists who were striving to claim the legacy of ancient Rome for Rome itself (“insiders” in the Renaissance battle for Rome), but also for humanists (more broadly) to claim the legacy of ancient Rome for their literary and intellectual enterprise. By zooming in on the effect of this rhetoric on the urban revival of Rome, and on the growing sense of superiority among Italians, it suggests that the battle of Rome took off when authorities and humanists in other parts of Italy and Europe (“outsiders”) contested these “insider” strategies.
Reasons for Pretending and Pretend Reasons
Authors: Lenman James 
Published: January 2024

Abstract
Thinking about the “what next?” question for moral error theory teaches us why that theory is such a bad idea. We repudiate morality and make it anew, but what we end up doing is remaking what we had before. If we can avoid skepticism about what we remake, then we had no reason to repudiate it. Joyce and others think a Humean understanding of practical reason can be rescued from the flames of their skeptical arguments and that this provides a place where we can adjudicate on pragmatic grounds between the options of abolitionism, fictionalism, and conservationism. But where this thought takes us, the author argues, is not to any form of skepticism but rather to a dubiously coherent understanding of moral value as grounded in desires conceived as prior to and independent of it. The choice between these things can never be anything but a moral one.
The Contours of Religious Fictionalism
Authors: Deng Natalja 
Published: January 2024

Abstract
This chapter compares and contrasts the possibilities and limitations of religious fictionalism (RF) with those of moral fictionalism (MF). It argues that “thoroughgoing” versions of fictionalism are problematic but “lightweight” versions are defensible, especially for the religious domain. While there are pressures on both MF and RF to remain thoroughgoing, RF can better negotiate these. The chapter also considers the objection that RF lacks a good answer to the question of why one should adopt a (particular) religious fiction. A comparison with MF points the way towards the right response. Finally, the chapter reflects on a peculiar difficulty faced by RF that is structurally similar to the difficulty thoroughgoing fictionalists have when attempting to demarcate acceptance from belief; the similarity highlights an additional reason to recognize RF as a sui generis stance on religion.
The Northern Ireland Constitution: A History
Authors: Whitten Lisa Claire 
Published: January 2024

Abstract
This chapter presents a high-level account of the constitutional history of Northern Ireland. Its inclusion is premised on an understanding that Northern Ireland’s vulnerability in the face of Brexit derives from its unique constitutional arrangements, its evolving constitutional history, and the contested history from which they developed; therefore, to properly understand the interaction of Brexit and Northern Ireland, some familiarity with its unique history is necessary. A case is made that Northern Ireland has often played the part of the constitutional exception that disproves, or at least challenges, those constitutional rules and norms that apply elsewhere in the UK. It follows that Northern Ireland has also frequently been depicted as ‘a place apart’ in analyses of and debates about the UK constitution; this trend is problematic if and when it prevents the constitutional particularities of Northern Ireland from being recognised and accommodated in UK-wide developments. This tendency to ‘blindspot’ the Northern Ireland case when discussing the UK constitution, and how it relates to Brexit, is explored further in subsequent chapters.
On Method and Approach
Authors: Whitten Lisa Claire 
Published: January 2024

Abstract
This chapter sets out the theoretical assumptions, methodological approach, and analytical framework used in the underpinning research. The discussion underlines the interdisciplinarity of the analysis and offers explanation and justification of the method with reference to broad areas in political and legal theory. Underlying theoretical assumptions can be summarised as follows: law is constructed, and enforcement depends on the ‘rule of recognition’ by institutions/individuals who practice it; constitutions are changeable and constitutional law is shaped by the ongoing processes of politics; European integration is a constitutional process with domestic constitutional implications; political language is powerful, contestable, and, therefore, worthy of study. Following this, definitions are given for the two phenomena of study—Brexit and the Northern Ireland constitution—and the framework used to analyse their intersection is presented.
Pre-Trial Chamber Review of the Admissibility of ‘Situations’
Authors: Urs Priya 
Published: January 2024

Abstract
This chapter examines the distinct standards of review that the Pre-Trial Chambers purport to and actually apply in their review of the Prosecutor’s assessments of admissibility under Article 53(3)(a) and Article 15(4) respectively of the Rome Statute. In light of the confused practice of the Pre-Trial Chambers to date, it suggests the most suitable standard of review under each provision by arriving at the appropriate balance in each context between prosecutorial independence and prosecutorial accountability. It arrives at this balance by considering the various interests at stake in the assessment under each provision, the respective competences of the Prosecutor and the Pre-Trial Chambers in the initiation of investigations, and the practice of other international courts in deferring to discretionary decision-makers. Through an examination of relevant standards of review, the chapter concludes that a deferential review for abuse of discretion is, for different reasons in each context, the most appropriate standard of Pre-Trial Chamber oversight under both Article 53(3)(a) and Article 15(4).
The instrumental politics of the Hindu right in Jharkhand
Authors: Basu Ipshita 
Published: January 2024

Abstract
Chapter 3 investigates the Hindu right’s vernacular and instrumental contours, focusing on how the right has accommodated Adivasi identity politics and those of other marginalized groups as part of a strategy for expanding its social base in Jharkhand. The chapter reveals that while instrumental accommodation may diversify ethnic representation within a party, it does not lead to positive group standing among marginalized members. Consequently, looking at the protests that followed the introduction of the Jharkhand Freedom of Religion Act 2017, which restricts religious conversion among Adivasis, the chapter reveals that while Jharkhand has a long history of such religious conversion as a survival mechanism in times of crisis, this has not changed the significance of assertions for Adivasi identity. The chapter therefore shows how the Hindu right’s assimilationist strategies have prompted new claims for recognition from Adivasi and non-Adivasi groups alike in Jharkhand.
Infrastructure Financing in India
Authors: Pratap Kumar V , Gupta Manshi 
Published: January 2024

Abstract
India has announced its first-ever National Infrastructure Pipeline (NIP), the implementation of which would be crucial for maintaining her position as the fastest growing large economy in the world. This book looks at both the traditional and innovative ways in which the NIP can be financed. Traditionally, there are four major sources of infrastructure finance—gross budgetary support, internal and extra budgetary resources of the public sector, multilateral and bilateral loans, and private investment. However, because of the Covid-19 pandemic, most of these sources of finance are quite stretched. The book captures this story in a number of chapters, including a chapter on the impact of Covid-19 on infrastructure and its financing. In this environment of fiscal stress and elevated risk, the book emphasizes a number of non-traditional financing sources like reasonable user charges, which would not only ensure adequate operation and maintenance (and therefore, sustainability), but also improve governance of infrastructure assets. In addition, the book lays major emphasis on making infrastructure more compliant with environmental, social and governance (ESG) norms, with the objectives of providing more sustainable infrastructure services, opening up the vast pool of institutional resources (from pension, insurance, and sovereign wealth funds) for infrastructure investment, and overcoming the traditional trade-off between growth and environment. The book discusses asset recycling and value capture finance as additional avenues for sustainable infrastructure financing. For improving the enabling environment for infrastructure investment, the book also dwells on upholding the sanctity of contracts and addressing concerns about regulatory risk.
The Context—The National Infrastructure Pipeline
Authors: Pratap Kumar V , Gupta Manshi 
Published: January 2024

Abstract
India prepared its first-ever National Infrastructure Pipeline (NIP) in 2020. It aimed for infrastructure investment of Rs.111 lakh crore (~US$1.5 trillion) in the six-year period, from financial year 2019/20 to 2024/25. This infrastructure investment target had been drawn up by collating information about infrastructure plans from twenty-eight central infrastructure ministries/departments, all state governments, and the big private infrastructure companies. The NIP consists of over 6,800 projects, with a total project cost of over Rs.100 crore each, and includes projects in both economic (energy, telecom, transport, etc.) and social (health, education, water treatment and supply, solid waste management, etc.) infrastructure. For the NIP to actually be implemented, a number of policy changes, infrastructure reforms, new financial instruments and institutions would be required. These are discussed in this chapter.
Reasonable User Charges for Sustainable Infrastructure Financing
Authors: Pratap Kumar V , Gupta Manshi 
Published: January 2024

Abstract
Though user charges are a source of infrastructure finance and would be reflected in retained earnings of project companies, it has been given an exclusive treatment to emphasize the importance of this financing source for increased infrastructure financing. User charges in India traditionally have been low and, in many cases, not even enough to recover operation and maintenance (O&M) expenses of infrastructure assets. This is found in economic (electricity distribution, metro rail, etc.) and social infrastructure (health, education, water supply, etc.). This leads to a vicious cycle of asset creation, their gradual deterioration owing to inadequate O&M, leading to a requirement for increased fresh investments for re-building the assets. Since the infrastructure sector is capital intensive, and since it involves public utilities and merit goods like electricity, metro-rail services, water supply and so on, full cost recovery from user charges may not always be possible or desirable. Therefore, many Government of India committees (e.g. Fourteenth Finance Commission, Expenditure Management Commission) have repeatedly emphasized recovery of at least the O&M costs from user charges for financial sustainability of infrastructure projects. Reasonable user charges would also promote ownership and accountability, and therefore improve governance of infrastructure assets.
Priority of Governments the World Over—Institutional Investment into Infrastructure
Authors: Pratap Kumar V , Gupta Manshi 
Published: January 2024

Abstract
Governments desire institutional investment (from pension, insurance, and sovereign wealth funds) in infrastructure rather than bank financing, which is the predominant means of financing infrastructure debt. Institutional investment into infrastructure does not suffer from asset–liability mismatch issues, which is typical of bank financing of infrastructure. Infrastructure investments should also be attractive to institutional investors given that they provide long-term steady returns, which have low correlation with business cycles. For example, pension funds and insurance companies hold more than 90 per cent of the stock of infrastructure bonds in Chile. However, in India, institutional investors have not been investing much in infrastructure. The chapter explores the reasons for this, and also suggests policy measures, including the need for a specialized credit enhancement company for infrastructure bonds, for domestic institutional investors to invest in infrastructure (as foreign, mainly Canadian pension funds, are already major investors in Indian infrastructure). This chapter also discusses the importance of infrastructure projects aligning with the environmental, social, and governance (ESG) norms increasingly being used by these investors for their investments. In this context, the chapter discusses the role of India’s own sovereign wealth fund, the National Investment and Infrastructure Fund (NIIF), to facilitate institutional investment into infrastructure.
Against Essentialism in Private Law Theory
Authors: Kuntz Thilo 
Published: January 2024

Abstract
This chapter argues that, contrary to the claims of both ‘internalists’ and ‘externalists’, private law has no essence or fixed nature. Private law accommodates a mixed set of norms and values with weights and relevance changing over time, rendering any partisan account ineffective. Consequently, a private-law theory aspiring to describe and analyse private law as it is practised has to acknowledge its ambivalent and multipolar nature. Methodologically, this chapter draws on artifact theory. Bringing artifact theory to bear upon private law appears promising, especially since it does not carry a distinct concept of law as baggage. Abstracting from substantive theories about what the law or ‘just’ about what private law is, this approach helps shed new light on ontological interdependencies of materials a positivist considers ‘existing law’ and the insights of so-called externalists concerning the law’s transient character and the importance of outside perspectives.
The Point of View of Doctrinal Legal Science
Authors: Jansen Nils 
Published: January 2024

Abstract
This paper seeks to determine an appropriate perspective for doctrinal legal science. This perspective cannot be the observer’s view on a legal system; it is rather a genuinely legal perspective. Yet, the relevant viewpoint is also not the perspective of lawyers or judges, but rather that of a scholar. This perspective is defined by a specific academic distance from legal practice. Doctrinal legal science seeks new doctrinal knowledge and a better understanding of legal systems and legal doctrine. Hence, scholars have to think about spectra of alternative solutions; and they are tasked with designing new concepts and other doctrinal tools which may work better in legal practice. The current crisis of doctrinal science in Germany results from the fact that, during the twentieth century, German legal academia lost this specific distance to legal practice, which until 1900 had been a matter of course.