bluuebunny/crossref_metadata_2025_split huggingface dataset:
Imaginaries of Prosperity as Constitutional Imaginaries
Authors: Bartl Marija 
Published: March 2023

Abstract
This chapter explores the question of what renders imaginaries constitutional. Should we expect to find constitutional imaginaries in constitutional texts and doctrine? Or should we look for them elsewhere in our societies? While constitutional documents or conventions have occupied much of our political imagination, the truly constitutional imaginaries can be only those imaginaries that have actually shaped, or constituted, the ways in which we go about making and re-making our societies. I will argue that the two main constitutional imaginaries of modernity, that is, the social imaginaries that have in fact shaped the deep structure of our societies, have presented themselves as stories of prosperity. These imaginaries of prosperity, through directing individual and collective efforts and resources toward either private or collective routes to prosperity, have shaped the way we think about not only constitutions, but also economy, politics, government, and law. This chapter first explores the relation between social imaginaries and social change, after which it turns to developing the concept of imaginaries of prosperity. Subsequently, it traces the collective imaginary of prosperity behind the Weimar constitution and contrasts it with the privatizing imaginaries of prosperity underlying the European Constitution. The chapter concludes with a reflection on the role of constitutional law and scholarship for social change.
Conclusion
Authors: Komárek Jan 
Published: March 2023

Abstract
In the concluding chapter a follow-up (and necessary) endeavour is presented: the need to explore national imaginaries of Europe, with particular emphasis on the post-communist Europe and the importance of 1989 for both ‘Old Europe’ and its utopia of ‘Ever Closer Union’ and its ‘Other’: post-communist Europe, which believed in the ideology of its return to the former.
The Interconnections between Tax Crime, Organized Crime, and Corruption
Authors: Turksen U , Vozza D , Reger F , Djakovic A 
Published: March 2023

Abstract
This chapter explores the interconnections between tax crime, organized crime, and corruption from phenomenological, conceptual, and legal perspectives to shed light on under-explored phenomena and their impact on the EU institutions and Member States. On the one side, organized criminal groups often engage in sophisticated tax fraud schemes and exploit current limits in the legal and institutional frameworks at the national and EU levels to make illegal gains. On the other side, public officials in tax and customs administrations and law enforcement agencies involved in the fight against financial crimes can be enablers of tax evasion in cases of bribery and collusion with criminals. The dirty money generated by these criminal offences is also often cleaned through money laundering schemes developed with the assistance of some dishonest professionals. Organized tax crime and fiscal corruption, coupled with money laundering, are serious threats to security at the EU and national levels. Considering their correlation, they should be targeted explicitly from an operational perspective by enhancing an integrated model which combines a ‘whole-of-government approach’ and ‘responsibilization strategy’ in the public and private sectors.
Public Interest Disclosure and Whistleblower Protection
Authors: Turksen U , Abukari A , Kreissl R 
Published: March 2023

Abstract
This chapter examines the germane issues affecting the use of whistleblowing to support the fight against tax crime in the EU. One of the proven ways to address the problem of tax crime is the use of whistleblowing as a crime discovery tool to complement the efforts of LEAs. The EU’s PROTAX project established that whistleblowing/public interest disclosure facilitates the mitigation of tax crimes such as tax evasion and VAT fraud in the EU. However, whistleblowers have been exposed to the risk of retaliation, which has the propensity to dissuade them from engaging in necessary disclosures to protect the public interest. Although the EU has since 17 December 2019 introduced a Whistleblower Protection Directive (WBPD) to enhance the protection of whistleblowers from many detriments, it is yet to be seen the extent to which the WBPD will be successfully operationalized. Even when implemented in its current shape, the WBPD has deficits including lack of clear sanctions for organizational breaches and evasive material scope. In addressing the challenges and deficits, the chapter also provides enquiry-based toolkit for effective whistleblower protection. The chapter concludes that although the WBPD remains challenged by procedural and substantive inadequacies, which can be addressed by collaborative efforts of all stakeholders, the Directive will significantly improve the legal protection mechanisms for whistleblowers in ways that can support the fight against tax crime in the EU.
Political Culture, the State, and the Problem of Religious War in Britain and Ireland, 1578-1625
Authors: Smuts R. Malcolm 
Published: March 2023

Abstract
This book examines how the strategic problem of containing threats of religious war and violence shaped political culture and the development of the state in Britain and Ireland between Elizabeth I’s last serious courtship and the death of James VI and I. In doing so it shows how the religious politics of England, Scotland, and Ireland were thoroughly intertwined with each other, and with developments on the European Continent, requiring a treatment that moves beyond a framework of national history by connecting events in different countries in a continuous narrative. Specific topics covered include the interaction of religious and dynastic politics not only in relations between royal families but also among the nobility and gentry; efforts by the Elizabethan state to contain threats of Catholic rebellions; the often fraught relations between the Elizabethan regime and James VI in Scotland; cultural attitudes related to military entrepreneurship on both land and sea; challenges to Protestant state power in Ireland; English intervention in the wars of the Netherlands; the interplay between English and Scottish conflicts over Presbyterianism in the 1590s; efforts to create a more integrated and effective state encompassing all of Britain and Ireland after 1603; and the European policies of James VI and I.
An Ambiguous Dynastic Threat
Authors: Smuts R. Malcolm 
Published: March 2023

Abstract
As religious tensions mounted within England, the English government lost control of Scotland after its adolescent king, James VI, fell under the influence of his newly arrived French cousin, Esmé Stuart, soon created duke of Lennox, and other Scots wishing to challenge English dominance. For several years the English privy council attempted, with limited success, to regain control by supporting dissident Scottish nobles and radical presbyterian clergy, whose views and behavior Elizabeth would never have tolerated in her own kingdom. In 1583 Patrick Adamson, archbishop of St. Andrews, traveled to England and attempted to persuade Archbishop Whitgift to oppose this policy, but failed because evidence of Scottish collusion with Elizabeth’s European enemies was too compelling. A fragile alliance between the two British sovereigns was finally negotiated in 1585, reinforced by secret understandings between James and the earl of Leicester. It helped seal the fate of James’s mother, Mary Stuart, but remained tenuous until after the Armada. Thereafter James tried to position himself as a godly Protestant king by mending fences with Scottish presbyterians and sheltering a few English puritans, even while he continued to protect Catholic nobles. His religious position therefore remained ambiguous.
War, Virtue, and the State
Authors: Smuts R. Malcolm 
Published: March 2023

Abstract
Elizabeth’s last favorite, Robert Devereux second earl of Essex, has long been associated by historians with both the patronage of avant garde political ideas and a rise of factionalism within the court. This chapter re-examines both views by placing the earl’s career in a longer-term perspective, identifying major strands of continuity between his outlook and behavior, and those of previous Elizabethan swordsmen like the earl of Leicester and Sir Philip Sidney. It shows how Essex’s circle built upon but simultaneously reconfigured established patterns of thought and conduct. Essex’s outlook centered on his views about connections between the state—a concept he invoked with great frequency—and a set of noble virtues and virtuous passions, involving honor, courage, and public service that he associated with himself and his followers. He saw those virtues as opposed by the “base” qualities he associated with his court adversaries and, increasingly, the queen and her aging ministers. His critique of the queen and court built upon earlier Catholic polemical arguments, which he stripped of their partisan confessional dimensions. It was also influenced by readings of the Roman historian Tacitus, although Tacitean histories did more to reinforce and refine attitudes the earl and his circle already held than to provide an original template for political interpretation.
Peace Without
Authors: Smuts R. Malcolm 
Published: March 2023

Abstract
The chapter questions the traditional view that James’s policies toward Europe were determined by his philosophical commitment to peace and principles of legitimacy, arguing that he primarily sought to advance his own interests by playing European states off against each other, while limiting his risks and financial commitments. This meant promoting solidarity among Protestant states while simultaneously seeking cross-confessional alliances based on shared secular interests. Pacific and legitimist rhetoric often served to excuse his maneuvers to achieve these goals. But especially after the Twelve Years Truce between Spain and the United Provinces in 1609 and Henry IV’s murder in 1610, James grew alarmed by religious and political divisions in the Dutch Republic, and his belief that Spanish, papal, and Jesuit influence had increased significantly in France. His fears of Protestant disunity and resurgent Catholic militancy impelled him to meddle in the internal affairs of both countries. He tried to silence the Dutch theologian Vorstius and backed a campaign by Calvinists and Maurice of Nassau to suppress Arminianism and the Arminians’ chief supporter, Oldenbarnevelt. He also underhandedly encouraged French rebellions by the prince of Condé, the duke of Bouillon, and the Huguenots against the regency government of Marie de Médicis. While he had some success in the Netherlands, his efforts to reorient French policies failed.
Sexualizing Economic Modernity
Authors: Psomiades Kathy Alexis 
Published: March 2023

Abstract
This chapter draws on the anthropological theory of Henry Maine and John McLennan to show how Anthony Trollope’s schematizations of women, property, and circulation participate in the logic of primitive marriage. Maine’s Ancient Law told a modernity story about the movement from status to contract that connected patriarchy, family, and inalienable property on the one hand, and gender neutrality, the contractual individual, and transferable property on the other. In Primitive Marriage, McLennan recivilized patriarchy by positing a non-patriarchal “before” of sexual chaos that made both patriarchy and private property into achievements, but that also paradoxically destabilized their naturalness. In The Eustace Diamonds (1871), Anthony Trollope imagines a world in which property and exchange operate systematically in both economic and erotic registers. The Eustace Diamonds is often read in relation both to William Thackeray’s Vanity Fair (1848) and Wilkie Collins’s The Moonstone (1868), to which it self-consciously refers. The chapter uses these earlier novels to show the difference anthropology makes in the realist plot of the materialistic heroine that Trollope borrows from Thackeray, and in the sensation-fiction plots of theft, rape, and madness that Trollope simultaneously borrows from Collins and repudiates.
Sexualizing Political Modernity
Authors: Psomiades Kathy Alexis 
Published: March 2023

Abstract
This chapter centers on how Victorian anthropology sexualizes the political theory of the social contract, and the binary opposition between tyranny and consent that underwrites it. Henry Maine and John McLennan went beyond drawing analogues between marital and political relations to put sexual tyranny and consent at the center of the story of civil society. We tend to think that it is late twentieth-century feminism that first articulated insights into the gendered terms of liberal political theory. Victorian anthropology was already disrupting the problematic story of contract and consent in the late nineteenth century. This chapter begins with readings of two important late twentieth-century theorists of the sexual contract, Carole Pateman and Nancy Armstrong, to situate their work in relation to Victorian theory. It goes on to read Herbert Spencer’s Principles of Sociology alongside George Eliot’s Daniel Deronda and Margaret Oliphant’s Phoebe, Junior, arguing that social theorists and novelists alike drew on anthropology’s sexualized modernity stories to think about how radically different national subjects can find common ground, how self-interest and generosity can coexist, how association can be voluntary and lasting.
Principle 2: The Text
Authors: Calnan Richard 
Published: March 2023

Abstract
Chapter 2 explains that the words of the statute are the source of legislature’s objective intention. It has been seen from Chapter 1 that the guiding principle of interpretation is to establish the legislature’s objective intention. The source of that intention is the words of the statute. New provisions cannot be implied into statutes. Nor can statutes be rectified. What must be interpreted is the words of the statute itself.
Principle 7: Unnatural Meaning
Authors: Calnan Richard 
Published: March 2023

Abstract
Chapter 7 describes the circumstances in which the interpreter can give a meaning to the words of a statute that differs from their natural meaning. It explains that this only occurs very occasionally in order to deal with a result that appears to be unfair or unreasonable. The ultimate aim of statutory interpretation is to establish the objective intention of the legislature; and the more unreasonable or unfair the result, the more unlikely it is that the legislature can have intended it. An example of this principle is that clear words are needed to override a person’s fundamental liberties. The chapter also discusses the approach of the courts to the interpretation of section 3 of the Human Rights Act 1998.
Positive Obligations as a Means of Establishing State Responsibility for ‘Modern Slavery’ in Human Rights Law
Authors: Jovanovic Marija 
Published: March 2023

Abstract
The chapter clarifies the mechanism for establishing state responsibility for ‘modern slavery’ in human rights law, which is grounded in the doctrine of positive obligations. It explains how positive obligations apply in the context of rights which are considered ‘absolute’, especially when the interference with such rights stems from the conduct of non-state actors. The discussion considers positive human rights obligations in general, their origins, rationale, nature, and scope. Particular attention is paid to the difference between rights infringements by state and non-state actors and the often neglected distinction between positive obligations and remedies for established human rights violations. The chapter finally explores several taxonomies of positive obligations proposed in the literature, and explains why the matrix comprising of general and specific obligations serves as the best analytical lens for examining the evolving human rights jurisprudence on state responsibility to address ‘modern slavery’.
Conclusion: Human Rights Law, Slavery, and State in the Twenty-First Century
Authors: Jovanovic Marija 
Published: March 2023

Abstract
The chapter reflects on the range of legal domains relevant for addressing ‘modern slavery’, stressing out the limits of human rights law as the ultimate response to such serious forms of exploitation. The conclusion emphasises the discrete agenda of the book, which sought to explain the responsibility of states for ‘modern slavery’ in human rights law by considering their obligations to protect individuals from such grave forms of exploitation. It then points to another dimension of state responsibility for ‘modern slavery’ that is broader, more elusive, and harder to establish in the strictly legal sense, and which remains outside the scope of this enquiry. This second dimension of state responsibility for ‘modern slavery’ concerns wider legal structures that create conditions in which practices of ‘modern slavery’ are allowed to flourish, despite a number of instruments and initiatives designed to address it. While the book focused on the role of law, and human rights law in particular, as part of the solution to the problem of ‘modern slavery’, the chapter reminds that the full account of the relationship between the state, law, and slavery in the twenty-first century must also consider the ways in which law creates and perpetuates structural conditions that allow slavery to persist.
Elite Conspiracies
Authors: Smith Gary 
Published: March 2023

Abstract
The distrust of science is part of a more general populist backlash against the political, economic, and technocratic elite. To the extent that scientific research is used by governments to justify policies that people dislike, science is viewed as part of the problem. Science created the tools that allow businesses and governments to—there is no better word for it—spy on us. They also created the Internet and social media that the most paranoid use to spread zany conspiracy theories that discredit scientists and sow distrust.
Most Medicines Disappoint
Authors: Smith Gary 
Published: March 2023

Abstract
Medical advances have been among the greatest scientific successes, including germ theory, anesthesia, vaccines, antibiotics, X-rays, and organ transplants. Scientists also instituted the randomized controlled trials that allow them to obtain reliable estimates of the benefits and side effects of proposed medical treatments. However, randomized controlled trials are gauged by statistical significance, which encourages the p-hacking that is partly responsible for the disappointing performance of many “proven-effective” treatments and the resulting disillusionment with medical researchers.
The Replication Crisis
Authors: Smith Gary 
Published: March 2023

Abstract
Our lives have been enriched immensely by the scientific method’s insistence that beliefs and theories should not be accepted uncritically, but tested empirically. Unfortunately, clever researchers have found ways to game the system; for example, by data mining and p-hacking in order to achieve statistical significance. The consequence is the replication crisis that threatens to undermine the reputation of science and scientists. Real science still moves forward with honest tests of plausible theories that can be replicated with additional tests. Our challenge—and the challenge for scientists—is to distinguish real science from junk science.
Shakespeare’s Choicest Flowers
Authors: Tregear Ted 
Published: March 2023

Abstract
Returning to Thomas Deane, the reader of Shakespeare introduced in the Introduction, this chapter uses Englands Parnassus and Bel-vedére to read Venus and Adonis. By returning to the floral metaphors of the anthology, it outlines the relations between style, schooling, and gender in early modern England, to reveal a persistent association in humanist writings between rhetorical flowers and a rhetorically suspect femininity. It reads Ovid, and the epyllia by Lodge and Marlowe that imitated his writing, as picking up on this danger, using the rhetorical techniques of the schoolroom—above all commonplacing—to unsettle its social and political ends. Venus and Adonis, it argues, is a study in the hazardous potential of poetry’s flowers, and their transformations of rhetoric into poetry: from the salacious lessons Venus teaches, to the pert couplets the poem produces, to the short-lived metamorphosis of Adonis into a flower, no sooner transformed than plucked.
The Dictator’s Party
Authors: Wolf Anne 
Published: March 2023

Abstract
Chapter 1 argues that the politics of ideas is central to scrutinizing the durability of dictatorships with ruling parties, challenging studies focusing primarily on incumbents’ use or threat of force. It proposes that the root of dictatorial stability is internal: incumbents seek to accumulate power, but through this they risk losing the support of their constituency. To counter this threat, dictators have two ideational strategies at their disposal: correctivism and the creation of new normative priorities. Both involve the promotion of innovations, ostensibly for the good of the party but through which incumbents in fact seek to fortify their own rule. For these strategies to succeed, the proposed changes need to resonate with party followers and to appear desirable and credible. If followers consider the incumbent’s power reinforcement to be unjust and illegitimate, they may rebel against him. Any internecine contention encourages wider political instability, possibly regime collapse.
Geometry and Complex Arithmetic
Authors: Needham Tristan 
Published: March 2023

Abstract
This chapter discusses geometry and complex arithmetic. A complex number is a single, indivisible entity-a point in the plane. Only when one chooses to describe such a point with numerical coordinates does a complex number appear to be compound or “complex”. Cartesian and polar coordinates are the most common ways of labelling complex numbers, but they are not the only ways. The chapter then looks at Euler’s formula, which was discovered by Leonhard Euler around 1740. It differentiates between the moving particle argument and the power series argument. A simple but important consequence of Euler’s formula is that sine and cosine can be constructed from the exponential function. The chapter also considers the applications of complex arithmetic to different areas of mathematics, including trigonometry, geometry, calculus, algebra, and vectorial operations. Finally, it assesses transformations and Euclidean geometry.
Complex Integration: Cauchy’s Theorem
Authors: Needham Tristan 
Published: March 2023

Abstract
This chapter explores conditions under which the value of an integral does not depend on the choice of contour. One such result is an analogue of the Fundamental Theorem of real analysis, and in deference to that subject it bears the same name. However, there exists a still deeper result which has no counterpart in the world of the reals. It is called Cauchy’s Theorem. It is not only possible, but sometimes useful to integrate non-analytic functions. However, new phenomena arise if one concentrates on the integrals of mappings that are analytic. Cauchy’s Theorem is the essence of these new phenomena. Essentially, it says that any two integrals from a to b will agree, provided that the mapping is analytic everywhere in the region lying between the two contours. Almost all the fundamental results of the subject flow from this single horn of plenty.