bluuebunny/crossref_metadata_2025_split huggingface dataset:
Discharge
Authors: Stevens Robert 
Published: June 2023

Abstract
Where one party performs, or otherwise discharges, an obligation that ought to have been borne by another, in whole or in part, the party who has discharged the obligation has a claim over against the correct obligor for the expense incurred in so doing, to the extent that the cost of performing the obligation ought to have been borne by the other. The obligation of another may be discharged through performance, where this is authorised or ratified by the obligor, where the obligation was subject to a condition that is released by another’s action, or where the parties are jointly obliged where the performance by one constitutes performance by both. Recoupment, contribution, and subrogation as responses to one party discharging another’s obligation are not best understood or explained as a response to a general ‘unjust enrichment’ principle.
Things
Authors: Stevens Robert 
Published: June 2023

Abstract
In the common law, the recovery of things to which another has title is mediated through the law of torts. Whether the plaintiff can recover a thing that he no longer possesses, but once had title to, may depend upon whether he has transferred his title to another. In the common law, the transfer of title to goods may be dependent upon the validity of the contract that does that conveyance. Title to things may be lost in a number of ways: mixture, accession, and manufacture into a new thing. In principle, it is not possible, at common law, to become automatically entitled to a right for which your right is substituted without your authority (ie there is no ‘common law tracing’). None of these rules concerning the assertion to title to things, including cash, is best conceptualised in terms of unjust enrichment.
Profits
Authors: Stevens Robert 
Published: June 2023

Abstract
The clearest examples of a gain-based remedy for wrongdoing are the award of an account of profits for violation of intellectual property rights: patents, trademarks, copyright, design rights, and performers’ rights. The justification for such awards is that the purpose of the right is to attribute gains to the rightholder. A similar conclusion can be drawn in relation to interpersonal duties of confidence, but rarely in relation to other duties. The liability of a fiduciary to account for unauthorised profits, by contrast, arises regardless of whether there has been any breach of duty. Rather it is a primary obligation: an aspect of the duty of loyalty. Far harder to justify are gain-based responses to most breaches of contract or for common law torts, and unsurprisingly there is little or no authority supporting such awards. Claims based upon ‘waiver of tort’ to the proceeds of sale of a thing to which the plaintiff has title, are not best seen as based upon a tort, but upon the superior entitlement as between the parties to such proceeds.
Prologue
Authors: Ford Mark 
Published: June 2023

Abstract
This prologue presents an in-depth account of the four days of Hardy’s initial visit to St Juliot (7–11 March 1870—he travelled there on business as an architect, having been hired to oversee the restoration of St Juliot Church). It considers the numerous poems commemorating his first meeting with Emma and the difference that this chance encounter made to his life. These poems include ‘She Opened the Door’, ‘When I Set Out for Lyonnesse’, ‘Green Slates’, ‘Beeny Cliff’, ‘The Old Gown’, and ‘At the Word “Farewell”’. Both Hardy and Emma left prose accounts of their meeting, and readings of these poems are embedded in contextual material deriving from his diary (as excerpted in the Life) and Emma’s memoir Some Recollections. The poems are also juxtaposed with the fictional version of their meeting given in Hardy’s third novel, A Pair of Blue Eyes (1873).
Reading the Mind of Ajax
Authors: Murnaghan Sheila 
Published: June 2023

Abstract
This chapter focuses on Sophocles’ Ajax to show how tragedy dramatizes the utility of mindreading as one model for the human capacity to envision the thoughts, intentions, and emotions of others. As an especially cerebral and self-conscious form of social cognition, mindreading is required and rewarded by the baffling, unforeseen, and disruptive events that typically occur within a tragic plot. An especially challenging event in Ajax is a powerful, eloquent, and enigmatic speech, in which the hero Ajax seemingly renounces a previously announced intention of killing himself, and which is in turn seemingly contradicted when he in fact goes on to kill himself. Sophocles gives no clear insight into the motivation behind this speech, which is difficult to interpret through conventional models of literary characterization, but he does provide a portrait of Ajax’ friends and supporters applying their mind-reading skills to make sense of it, drawing in particular on the folk-psychological concept of change of mind. At the same time, Sophocles makes it clear that these acts of proficient mindreading reflect not only the capacities but also the limitations of human cognition: the concept of change represents humans’ experience of their ephemeral, unstable existence in a universe ruled by unchanging gods.
Spectating Ancient Dramas
Authors: Gołąb Hanna 
Published: June 2023

Abstract
This chapter engages with the theory of conceptual blending in order to evaluate its utility in analysing ancient audiences of tragedy and comedy. It focuses on the emotional responses of ancient spectators to emphasize that affect has been so far underexplored in this cognitive approach. Thus, the essay proposes a dynamic model of spectating, in which the audiences created themselves as watching a given theatrical genre and elicited from themselves a required emotional reaction. This is in opposition to the widely accepted hypothesis of the suspension of disbelief, which sees audiences as suppressing their mental capabilities to enjoy a fictional narrative. This chapter suggests that the reality was much more complex and that the spectators’ minds were hard at work when watching an ancient drama.
Seeing Together
Authors: Duncan A. C. 
Published: June 2023

Abstract
This chapter explores how the ‘big three’ Athenian tragedians, Aeschylus, Sophocles, and Euripides, used the social cognitive process of joint attention to focus spectators’ attention upon a significant part of a busy stage. It argues that, by using certain verbal phrases (to which this chapter gives the name ‘sight invitations’) playwrights directed theatre-goers to employ a focused and self-conscious form of joint attention at moments of special dramatic importance. In addition to reducing spectators’ ‘attentional load’ at such times, the act of ‘seeing together’ also blurred distinctions between the internal (i.e. ‘fictional’) and external (‘real-life’) audiences, involving theatre-goers further within the epistemic, emotional, and thematic issues of the plays. Close readings of scenes featuring sight invitations from Aeschylus’ Libation Bearers, Sophocles’ Women of Trachis, and Euripides’ Bacchae explore several ways that ancient playwrights enriched their theatre-goers’ experience by verbally eliciting cognitive processes of joint attention.
Twelver Shia Muslims’ Right to the City
Authors: Eisenlohr Patrick 
Published: June 2023

Abstract
This chapter examines public religious performances and media practices among Twelver Shia Muslims in Mumbai. Such practices produce intertwined claims of belonging on multiple levels. Public religious performances and their mediatic reproductions, particularly their sonic and movement-related dimensions, establish certain neighbourhoods of the city as specifically ‘Shia’. They thus seek to underline the long-standing presence of Twelver Shia Muslims in the city in an environment characterized not only by long histories of communalism but also by increasing intra-Islamic sectarianism. Closely related to such claims are a local Shia media centre’s public campaigns to portray Shia Muslims as ideal Indian citizens. Media practices simultaneously aim at insertion in Indian nationalist narratives, a sense of belonging to the city, and the establishment of transregional links. Shia Muslims thereby seek to counter their marginalization in the city and the nation. In addition, Shia ritual practices, including their mediatizations, can establish claims to a right to the city by lending a part of it a feel of being Shiite on yet another level, the atmospheric qualities of urban locales and neighbourhoods.
Introduction
Authors: Thym Daniel 
Published: June 2023

Abstract
Migration law is politically contested, practically relevant, and full of legal conundrums. This book has been written to help readers navigate the often Byzantine European rulebook at a time where it has become increasingly difficult to keep an oversight. In doing so, it embraces a wide notion of ‘migration law’ encompassing the traditional dichotomy between ‘asylum’ and ‘immigration’, which, on the European continent at least, increasingly gives way to overarching references to migration. The eighteen chapters of this book concentrate on the legal status of third country nationals entering or staying in the Member States of the European Union (EU). They deal with EU legislation on diverse subject matters such as visas, border controls, asylum, legal migration, integration and settlement, irregular presence and return, as well as international cooperation. Our choice of title signals this broader outlook, which transcends the ‘nitty gritty’ of EU legislation and CJEU judgments. They will be the starting point of our analysis, which, at the same time, will consider international developments, policy debates, and national laws.
Administrative Dimension
Authors: Thym Daniel 
Published: June 2023

Abstract
The national level is as important as the output of the supranational institutions in terms of defining the conditions for the effective and uniform application of EU legislation. European migration law is a multi-level system by definition, with national practices varying to a considerable extent. The vision of an ‘area’ of freedom, security, and justice and a common asylum ‘system’ should not be misunderstood as shorthand for quasi-federal uniformity. Particularly important are differences in the organisation of the administrative and court procedure. Chapter 7 presents case law of the Court of Justice on unwritten general principles and fundamental rights in the Charter that limit the procedural autonomy of the Member States. Our horizontal assessment of judgments on different segments of migration law illustrates how rulings on asylum can be used in the context of return or legal migration, and vice versa.
General Features of EU Legislation
Authors: Thym Daniel 
Published: June 2023

Abstract
The sheer complexity of European migration law entails that it is a matter of self-interest to identify general features which can be studied jointly. Doing so saves scarce resources and allows for the identification of replicable patterns. Chapter 10 highlights that the Court of Justice explores horizontal cross-fertilisation between the legislation on migration, as well as with earlier judgments on the free movement of Union citizens. The public policy exception, fee levels, and the sufficient resources threshold are prime examples of the judicial search for coherence: judgments emphasising similarities interact with rulings accentuating differences, reflecting the specific contents and context of the different pieces of legislation. Of great practical significance are the principle of proportionality and the human right to equality before the law. Our analysis adopts a bird’s eye view on the multi-faceted CJEU and ECtHR case law, stressing persisting uncertainties. Judgments on Article 72 TFEU and the principle of abuse demonstrate why states struggle to justify non-compliance with EU legislation in regular circumstances.
Extrajudicial Punishment and the Criminal Question
Authors: Super Gail 
Published: June 2023

Abstract
Punishment and Society scholars tend to study particular institutions and spaces where punishment is imposed by the state (such as the prison), usually after a conviction in a criminal court. This chapter questions the boundaries of the field. It argues that extrajudicial punishment plays a central role in penality and that, particularly in postcolonial contexts, rates of imprisonment do not adequately reflect levels of penal punitiveness. The term ‘extrajudicial punishment’ is used here to refer to punishment-like phenomena which are inflicted by civilian or state actors, in response to an allegation of criminality or lawbreaking. In South Africa, extrajudicial punishment plays out on multiple scales, across space and time, in and through varying jurisdictions, and disproportionately targets and affects poor black people. While this is also the case in Western (and other) contexts, it is more exaggerated, more visible, and more violent in the postcolony. Thus, studying penality in postcolonial contexts is instructive for theorizing about the contradictions of liberal penal forms.
Ayllu and Mestizaje
Authors: Bracco Bruce Lucia 
Published: June 2023

Abstract
This chapter explores the intersection between the penal system, colonialism, and patriarchy in the Latin American region (particularly Peru) and, to do this, it adopts a decolonial feminist perspective. It seeks to create connections between critical criminology and decolonial feminist theories and draws on an empirical study within a women’s prison in Peru conducted in 2018–2019. On the one hand, this work follows the main arguments of the modernity/coloniality project to provide a better understanding of the historical interweaving that constitutes the political context and modern-colonial-capitalist-patriarchal-heteronormative matrix that configures the prison as a ‘modern’ institution. On the other hand, the chapter seeks to advance discussion on how to decolonize criminology by incorporating two categories from the South. First, the term Ayllu is introduced as an Andean category that may be helpful for understanding women’s communitarian organization during imprisonment. Second, the concept of Mestizaje is analysed as a non-precise identity category. This chapter argues that the intertwining of both concepts is helpful for accounting for women prisoners’ relational dynamics inside Santa Monica. Moreover, it concludes that decolonial feminist epistemology may provide theoretical lenses to analyse punishment, imprisonment, and criminalized communities. It puts in agenda the domination processes while simultaneously focusing on the subjects’ capacity to strategically incorporate and use to their benefit discourses and practices of resistance.
The Primary Responsibility of the State
Authors: Kälin Walter 
Published: June 2023

Abstract
This chapter addresses the question of how to conceptualise internal displacement. It presents the primary responsibility of the state to protect and assists its internally displaced persons (IDPs) as the cornerstone of the emerging internal displacement regime. The chapter criticizes the prevailing humanitarian narrative that views IDP as vulnerable persons in need of assistance, for whom international humanitarian agencies are primarily responsible, and instead promotes a narrative based on an understanding of sovereignty as the responsibility of authorities to protect IDPs who are citizens with rights and agency. The chapter identifies political will of governments and a reorientation of international action as essential elements for translating this understanding into action.
International Humanitarian Action
Authors: Kälin Walter 
Published: June 2023

Abstract
This chapter deals with the legal and policy aspects of humanitarian action. It asks whether internally displaced persons (IDPs) have a right to humanitarian aid and clarifies the two notions of humanitarian assistance and humanitarian protection. It provides an overview of domestic and international actors providing assistance and protection and describes the UN’s cluster approach. The humanitarian principles of humanity, impartiality, neutrality, and independence, and the related challenges affecting humanitarian action in situations of internal displacement, are also discussed. The chapter ends with the thorny issue of humanitarian access and the emerging prohibition of arbitrary denial of such access, first articulated in the 1998 Guiding Principles on Internal Displacement.
Global Eradication and AMR
Authors: Stepan Nancy Leys 
Published: June 2023

Abstract
This chapter contrasts the eradicationist with the anti-eradicationist approach in public health in relation to the problem of AMR. The eradicationist philosophy was epitomized by post-war eradication ‘campaigns’ against infectious diseases, campaigns that were arguably the most ambitious and costly efforts in public health ever undertaken in the Global South. Based on confidence in the new tools of intervention (insecticides, antibiotics, vaccines), the campaigns aimed at an absolute reduction of specific diseases to zero. This chapter looks closely at malaria eradication efforts past and present, in relation to AMR and insect resistance. It contrasts eradicationism with the anti-eradicationist position articulated in the 1960s and 1970s by the bacteriologist, René Dubos. His was an ecological, evolutionary view that recognized the complexity of our microbial interactions and the impossibility of eradicating diseases. The anti-eradicationist position was shaped by the problem of AMR. But Dubos’s history raises further questions: what explains the enduring appeal of eradicationism, despite the almost inevitable production of AMR? Why has it been so hard to organize a response to AMR along Dubos’s lines?
From Policy to Practice
Authors: Craig Jessica , Joshi Jyoti , Frost Isabel 
Published: June 2023

Abstract
This chapter explores key challenges and opportunities for implementing national AMR action plans, policies, and other mitigation efforts with a specific focus on low- and middle-income countries. It looks at policy-to-practice barriers and challenges in realizing the One Health approach set forth at the policy level. It discusses specific challenges in implementing AMR surveillance and describes the importance of synergizing AMR mitigation efforts with existing public health efforts, namely infection prevention and control, vaccination, and water, sanitation, and hygiene. The chapter presents illustrative examples from various countries and closes with a summary of key policy recommendations to accelerate AMR mitigation and response efforts in LMICs.
India
Authors: Damodaran A. 
Published: June 2023

Abstract
In this chapter, the main argument is that a mix of modernity, traditionalism, and postmodernity explains why cultural and social diversity exist in nation states like India and why the country remains relevant in the world economic stage. In practical terms this implies that every organization in India has to at some point of time, has to embrace the ideal of diversity to make a constructive contribution to the nation-building process. Even a political organization that owes its roots to religious identity will have to adopt a mix of modernity and postmodernity thinking to sustain its long-term relevance. It is further argued that dynamic democracies such as India do not resist globalization—rather they co-opt them through a postmodern process. Similarly India’s IT cities like Bengaluru have a postmodern quality about them. A country is able to co-opt the forces of globalization when it embraces the facets of the traditional, the modern, and the postmodern in its day-to-day existence.
Adapting to Globalization or Fighting It?
Authors: Damodaran A. 
Published: June 2023

Abstract
This chapter surveys the factors that turn local communities against globalization. Local resistance to negative consequences of globalization and free trade has been pervasive ever since the WTO rules came into operation in 1995. It is argued that such dissenting voices will bring in plurality of thinking in international negotiations on global trade rules. The chapter discusses the possibilities opened by a second enclosure movement which empowers local communities, and ensures that the forces of globalization are modulated by local communities to improve their collective wellbeing. The chapter also underlines the immense potential of the Information and Communication Technology Revolution in enabling the development of new institutions, which has the potential of informing small communities about the best markets to sell their wares in. ICT platforms also open up the possibilities for creating a wider awareness about the state of acute deprivation that has befallen poorer communities. It is stated that websites that facilitate online trade in commodities induce producers to seek changes in local market systems. The ongoing digital revolution centring on blockchains would serve to further reinforce these positive trends.
Restructuring Regimes for Sustainable Development
Authors: Damodaran A. 
Published: June 2023

Abstract
There are differing views on the state and prospects of environmental governance in the world. The limitations of the GEF and similar financing facilities are obvious. They do not have roots at the local levels due to the high levels of instrumentalism in their operations. What is obvious is that the standard norms of efficiency associated with transaction costs do not apply to international organizations that deal with global public goods. Likewise, proposals for setting up other global environmental organizations are trapped in instrumentalism. The same is true of proposals that seek UNEP restructuring. The same has been the case with the global efforts to manage the fallout of COVID-19. The absence of Leadership Summits to address the issue of poor allocation and distributional inequities associated with COVID-19 vaccines is surprising. The failure of COVAX represents the failure of multilateralism in addressing the pandemic. Instrumentalism, which focusses on procedures and processes to the exclusion of outcomes, causes global environmental institutions to be distracted from their ultimate goal of supplying global public goods. The key priority for the world is to have global governance systems and structures that are free from instrumentalism.
From Peace to “War”
Authors: Ferguson R. Brian 
Published: June 2023

Abstract
This chapter introduces Gombe as the place of Jane Goodall’s and others’ research from 1960 to the middle 1970s. It covers nutrition and food preferences, hunting, infanticide, predation by leopards, cognitive capabilities, and individual personalities of chimpanzees. The male status hierarchy and conflict, male and female ranging patterns, habitat loss and crop raiding, tourism, disease, hunting by people, conservation efforts, chimpanzee attacks on people, departures of males, and exodus of females from a declining group are also discussed. The chapter details how Gombe became a national park in 1968, largely due to the international renown conferred by Jane Goodall’s work. Chimpanzees were seen as separate, territorially fixed groups, but during Goodall’s years of binocular observations from The Peak, she saw these localized groups actually meet and mix.
Contextualizing Violence
Authors: Ferguson R. Brian 
Published: June 2023

Abstract
This chapter establishes the context for the Four Year War, describing human impact and discussing other kinds of bloodletting at the same time. It highlights the chimpanzees’ “war” with baboons, a surge in hunting of red colobus monkeys, internal cannibalism of infants, and severe assaults on females. Gombe researchers explained that the Four Year War was largely due to habitat loss around the National Park. The chapter describes chimpanzee-on-chimpanzee attacks wherein 66 percent were due to competition for bananas and were mostly carried out by adult males through protracted interactions involving charging, grappling, biting, slapping, and slamming. Jane Goodall sought to diminish violence among chimpanzees, including baboons, by modifying how bananas were provided.