bluuebunny/crossref_metadata_2025_split huggingface dataset:
Delay
Authors: Wells Colin 
Published: August 2023

Abstract
This chapter examines the abuse of process remedy in protecting the common law right to a speedy trial. The essential elements of granting relief in delay cases are inordinate delay and prejudice, whether proved or inferred, with the courts taking into account responsibility of the prosecution and the defence for the delay and the trial issues. The exclusion of evidence by way of the Police and Criminal Evidence Act 1984 (PACE) and judicial direction to jurors are alternative trial process control mechanisms used by judges to overcome delay in proceedings. A breach of the Article 6 ECHR right to a trial within a reasonable time period may lead to a stay of proceedings—but only in exceptional circumstances.
Unfair Conduct and Abuse of Executive Power
Authors: Wells Colin 
Published: August 2023

Abstract
The courts have a duty to protect and promote the dignity and integrity of the criminal justice process and judicial system, by staying proceedings which offend the court’s sense of justice and propriety. The judiciary are responsible for the maintenance of the rule of law that embraces a willingness to oversee executive action and to refuse to countenance behaviour that threatens either basic human rights or the rule of law. The courts have no power to apply direct discipline to the police or the prosecuting authorities, but the courts can stay proceedings, to stop state agencies taking of advantage of executive misconduct. This involves performing a ‘balancing’ test that takes into account whether the police have acted with an improper motive; the misconduct was committed in circumstances of urgency, emergency, or necessity; the availability or otherwise of a direct sanction against the person(s) responsible for the misconduct; and the seriousness of the offence with which the defendant is charged.
Extradition
Authors: Wells Colin 
Published: August 2023

Abstract
There is a fundamental difference between general criminal proceedings and extradition proceedings. Where domestic criminal proceedings look to try accused persons and result in the punishment of those found guilty, proceedings in extradition involve neither trial as such nor punishment. The Human Rights Act 1998 (HRA) allows, in limited circumstances, for extradition proceedings to be stayed on the grounds of abuse of process. After sketching the statutory bars to extradition and the background to the courts reluctance to permit the use of abuse of process in extradition cases, this chapter will examine the way in which the abuse of process jurisdiction has developed. The grounds on which a person can resist a request for extradition made by a state with whom extradition arrangements are in place are circumscribed by the Extradition Act 2003 (EA 2003) the rule against double jeopardy; absence of prosecution extraneous considerations; unjust or oppressive by reason of the passage of time; the person’s age; earlier extradition from territory; conviction in absence; human rights, proportionality; request for temporary transfer; unjust or oppressive by reason of mental or physical conditions, hostage-taking considerations; and death penalty.
Confiscation Proceedings and Civil Recovery
Authors: Wells Colin 
Published: August 2023

Abstract
Confiscation proceedings as a form of restitution are examined in the Proceeds of Crime Act 2002 (POCA). The objective and effect of confiscation proceedings is draconian in nature. However, since a confiscation order is not a penalty, but a civil debt, a number of the safeguards surrounding the criminal trial process do not apply. The Crown Court must proceed with a POCA confiscation hearing if a defendant is convicted of an acquisitive crime, and either the prosecutor has asked for the court to proceed or the court believes it is appropriate to do so. A restraint order can be made under section 41 POCA prohibiting a person or persons from dealing with their assets, wherever located, so as to prevent dissipation pending the outcome of an investigation or criminal case. There is no need to invoke the concept of abuse of process’ in the making of confiscation orders: section 6 POCA requires any order to be ‘proportionate’. If a confiscation order is required, the court proceeds to calculating the benefit obtained by a defendant either by way of their criminal conduct, or as a result of a criminal lifestyle. Where there was a joint obtaining of benefit it would be disproportionate to make an order against two or more persons the result of which would be at least the ‘double’ recovery of the benefit obtained. However, it is not disproportionate where such an order is made for two or more defendants to serve the entire default term where no payments are made in satisfaction of such an order. In addition to criminal confiscation proceedings, state enforcement authorities can apply under Part 5 POCA to the High Court for civil recovery orders.
Regulatory and Disciplinary Proceedings
Authors: Wells Colin 
Published: August 2023

Abstract
This chapter examines the abuse of process remedy in English and Welsh regulatory and disciplinary proceedings. This is an increasingly important area of jurisprudence as it concerns protecting the public interest in maintaining proper standards of professional conduct and ensuring public confidence. General principles are considered in a discussion of specific regulatory and disciplinary regimes. There are important differences between the regimes, but there are also common legal topics and procedural and evidential issues which apply across the board. In regulatory proceedings, the appellate courts have considered the two elements of discretion and balancing exercise in a number of cases, recognizing that there is a strong public interest in ensuring that serious misconduct allegations against professionals proceed to a full and proper investigation.
Introduction
Authors: Slavny Adam 
Published: August 2023

Abstract
This chapter introduces the central themes and methodology of the book. It distinguishes between interpretivism, the approach that predominates in non-instrumentalist private law theory, and the foundationalist method pursued in this book, which begins with an account of enforceable moral duties and builds towards questions of legal enforcement and institutional design. The chapter summarizes the four-fold analysis of moral corrective duties, according to which wrongdoing, conditional permissibility, outcome responsibility, and distributive fairness are distinct and independent grounds for owing such duties. The introduction concludes with a chapter summary of the rest of the book.
Pockets of Effectiveness and the Politics of State-building and Development in Africa
Authors: Hickey Sam , Pruce Kate 
Published: August 2023

Abstract
The role of bureaucratic ‘pockets of effectiveness’ (PoEs) in delivering development is generating renewed interest within development studies and development policy. In summarizing the state-of-the art in the field, this chapter shows that existing research on PoEs recognizes that politics plays a leading role in shaping the emergence and sustainability of high-performing state agencies, alongside the importance of organizational-level factors. However, the field lacks a clear sense of the particular forms of politics that shape PoE performance, partly because of a tendency to see PoEs as ‘islands’ that are divorced from their political contexts, which are in turn often theorized as being uniformly ‘neopatrimonial’ in nature. This chapter proposes an alternative approach to conceptualizing PoEs not as aberrations from the norm but as being firmly embedded within their historically-shaped political and transnational contexts, and the incentives and ideas that shape elite political behaviour therein. From this perspective, PoEs reflect the logics of patronage as well as merit-based civil-service systems, the elitism introduced into African bureaucracies by colonial rule, and the policy and lending priorities of international development agencies. PoEs thus emerge as interesting objects of enquiry in their own right but also as fascinating windows onto how the competing logics of regime survival, state-building, and democratization are playing out in Africa, within a shifting transnational context, and the implications that this has for both political and economic development.
State Capacity-building in Zambia amidst Shifting Political Coalitions and Ideologies
Authors: Cheelo Caesar , Hinfelaar Marja 
Published: August 2023

Abstract
This chapter examines the performance trajectories of three sometime ‘pockets of effectiveness’ (PoEs) in Zambia, namely the Ministry of Finance, the Bank of Zambia, and Zambia Revenue Authority. It shows that their performance has been shaped by structural forces underpinning Zambia’s historical trajectory, namely the character of its political settlement, the structure of the economy and global neoliberalism, and of the shifting political coalitions that have governed the country. Originally shaped by the nationalized copper industry and a state-led economy, these organizations were subject to a radical reorientation under the neoliberal reforms of the 1990s. Donor supported ‘capacity-building’ efforts and the need to adhere to international standards disciplined Zambia’s economic institutions, moderated political interference from the executive, and enabled them to function effectively in a narrow organizational sense. Over time these PoEs turned out to be politically unsustainable in the face of developmental failures, alternative ideological commitments, elite fragmentation, and political populism. Zambia’s governing elite was only fully aligned with this project of technocratic neoliberalism for a relatively brief period during the mid-2000s that ended with the death of the then-president. With politics becoming increasingly competitive and fragmentary, this mode of economic governance came into conflict with political populism and a residual commitment to a more statist and planning-based approach within the bureaucracy. Despite the rhetoric of economic nationalism, the prioritization of short-term survival strategies had undermined the quality of economic governance to the extent that rising levels of debt dependency threatened both Zambia’s sovereignty and its developmental future.
Pockets of Effectiveness
Authors: Strauss Julia C. 
Published: August 2023

Abstract
This commentary reflects critically on the contribution that this volume makes to the study of PoEs and state capacity in the Global South, and prompts a rethinking of some of the author’s own decades old work on Republican-era China. It lauds the ways in which the political settlements approach substantially adds to the extant literature on PoEs. In recognizing that organizations are never divorced from their surrounding environments, the political settlement typology explains systematic variation both between cases and over time, with shifting interactions between technical domain, the skill of organizational leadership, and the overall political settlement leading to differing and changing ‘degrees of PoE-ness’. At the same time, these reflections suggest that the volume’s case selections of presumptive excellence, which the authors call the ‘logistical’ segments of the state, are almost entirely within the economic technocracy. A disaggregation of why ‘excellence’ appears to be so concentrated in the economic technocracy, and which of its PoE-fostering features might be applied fruitfully to very different arenas of policy implementation, particularly those that require service delivery or behavioural change, is a natural next step for research on PoEs.
From Pockets of Effectiveness to Topographies of State Performance?
Authors: Roll Michael 
Published: August 2023

Abstract
This book advances existing work on pockets of effectiveness (PoEs) by systematically investigating the link between political context and bureaucratic performance, by presenting a new theoretical framework in conjunction with a comparative research design, and by linking PoEs research to broader debates about the politics of state-building. Based on a critical assessment of the book’s contributions and limitations, this commentary suggests some future directions for PoEs research. It first discusses the reframing of PoEs suggested by the authors, their power domains framework, the distinction between PoEs emergence and persistence, the role of ideas for PoEs, and the generalizability of the book’s findings. Future directions for PoEs research are then discussed, covering theoretical framework and methodology, and suggesting a move from a PoEs focus to a broader perspective on ‘topographies of state performance’ into which the study of PoEs can be embedded.
Protection Gap Entities
Authors: Jarzabkowski Paula , Chalkias Konstantinos , Cacciatori Eugenia , Bednarek Rebecca 
Published: August 2023

Abstract
As the climate crisis and other geopolitical factors make disasters more frequent and severe, disasters are becoming increasingly uninsurable. Without insurance to pay for reconstruction after fires, floods, and terrorist attacks, people suffer, and economies are set back. In response, many countries have established “Protection Gap Entities” (PGEs), organizations and schemes to keep disaster insurance available. PGEs rebalance the tensions (paradoxes) at the heart of insurance: who controls the insurance market (the private sector or government); how much is known about the risk (too little or too much); and who should pay (individuals or society). This chapter is accessible for those who have never heard of PGEs or thought about disaster insurance. We explain why PGEs are vital in adapting to an increasingly disaster-prone world. Our alternative view of the tensions PGEs face will also provoke thought for insurers and risk professionals concerned about the challenges of insuring disasters.
Paradoxes of origination
Authors: Jarzabkowski Paula , Chalkias Konstantinos , Cacciatori Eugenia , Bednarek Rebecca 
Published: August 2023

Abstract
Protection Gap Entities (PGEs) vary in their governance, remits, the insurance products they offer, and the disasters they cover. Yet all originate from an imbalance in knowledge; when too little or too much is known about disasters to make them insurable. We call this the knowledge paradox. This chapter explains that PGEs have been established, from the early twentieth century to today, to address an imbalance in knowledge that makes disasters uninsurable. We explain how PGEs work with knowledge imbalances to provide disaster insurance that would otherwise not be available. PGEs either ignore a deficit in, or override an excess of, knowledge about the risk of a loss, typically by removing some risk from the private sector to the government, or by redistributing it across a population. In doing so, PGEs also develop a great deal of knowledge that can then be an asset to disaster insurance and resilience.
The Archives of Performance and Sacred Time
Authors: Di Salvo Gina M. 
Published: August 2023

Abstract
Chapter 1 offers a survey of medieval saint plays and the reforms of the liturgical calendar of the English church. The development of theatrical repertoire in the Middle Ages and the shifts in the catalog of saints in liturgical calendars determined which saints and which types of saints were dramatized on the early modern stage. In the Middle Ages, saints were depicted in snippets and scenes of iconography, miracles, transformation, and romance and these performances frequently occurred as part of a sacred temporality. When saints did appear in dramatic form, such as in the Digby Plays and the N-Town Plays, a process of vernacular improvisation interpolated tropes from other established genres and miracles were used to validate claims of sanctity. In all cases, it was common for theatrical and paratheatrical events involving saints to veer from their devotional vitae. The second half of the chapter tracks the growth, iconoclasm, and limited return of saints in English liturgical calendars across the various reforms of the sixteenth century. Despite a contention with saints and sainthood as England underwent Protestant reform, the official inventory of sanctity in the English church made space for certain ancient martyrs and English saints. Chapter 1 is complemented by the book’s two appendices. Appendix I presents a table of nearly three hundred theatrical events involving saints between the tenth and seventeenth centuries, and Appendix II inventories saints in liturgical calendars across the sixteenth century.
Epilogue: Look Up, Look Up
Authors: Di Salvo Gina M. 
Published: August 2023

Abstract
From the earliest performances in the Middle Ages to the virgin martyr plays of the Stuart era, English theatre-makers experimented with and perfected theatrical conventions to show sainthood. The Epilogue concludes the book with an extended meditation on encounters with faith and belief in the absences and provocations of miraculous illusion developed in and alongside theatrical sainthood. It focuses on two nondramatic lives that exclude miraculous illusion before turning to a millennial dramatic fantasy that revels in it. The twelfth-century Life of Christina of Markyate and the late twentieth-century film Breaking the Waves offer stories of sanctity that invite doubt and denial. Moreover, both the text and the film lack many of the conventions of showing sainthood that operate in medieval and early modern saint plays. In contrast, Angels in America: A Gay Fantasia on National Themes by Tony Kushner utilizes the miraculous theatricality of the saint plays. In its staging and stage directions, Kushner’s two-part epic recovers the capacity and necessity of illusion in the staging of miracles.
Philosophical Accounts
Authors: Heinzelmann Nora 
Published: August 2023

AbstractThis chapter provides philosophical novices with a spotlight overview highlighting historically influential as well as contemporary accounts. It contrasts these approaches with respect to their terminology (e.g. ‘akrasia’, ‘incontinentia’, ‘moral weakness’), conception of the phenomenon (state of character, weakness of a faculty of the mind, failure of foresight or of practical reasoning, etc.), and presumed normative failure (of knowledge, morality, or rationality). Accounts that rely on discounting theory (Mele, Bratman) are discussed in greater detail. This chapter breaks down into the following sections: ancient philosophers (Plato’s Socrates and Aristotle); Hare; Davidson; Mele and Bratman; Holton
Accelerating Expansion
Authors: Belot Gordon 
Published: August 2023

Abstract
This is an exploration of some of the philosophical implications of modern cosmology, focused on the significance that the discovery of the accelerating expansion of our universe has for our understanding of time, geometry, and physics. The appearance of a term featuring a positive cosmological constant in the equations of general relativity allows one to model universes in which space has an inherent tendency towards expansion. The cosmological constant was originally introduced by Einstein but was subsequently abandoned by him. After a tumultuous career, it is has returned to centre stage with the discovery of the accelerating expansion of the universe. This pedagogically -oriented essay begins with a study of the of the most basic and elegant relativistic world that involves a positive cosmological constant, de Sitter spacetime. It then turns to the relatives of de Sitter spacetime that dominate modern relativistic cosmology. Some of the topics considered include: the nature of time and simultaneity in de Sitter worlds; the sense in which de Sitter spacetime is a powerful dynamical attractor; the limited extent to which observation can give us information about the topology of space in a world undergoing accelerated expansion; and cosmologists’’ favourite skeptical worry about the reliability of evidence and the possibility of knowledge, the problem of Boltzmann brains.
Let the Good Times Roll
Authors: Belot Gordon 
Published: August 2023

Abstract
This chapter is concerned with disanalogies between the nature of time in special relativity and in de Sitter spacetime. Whereas in Minkowski spacetime the choice of a freely falling observer determines a natural notion of simultaneity, in de Sitter spacetime this is not true: time is stranger in de Sitter spacetime than in Minkowski spacetime. There are, however, geometrically natural subregions of de Sitter spacetime in which time and simultaneity are as well-behaved as one could wish. But each of the various notions of de Sitter simultaneity that we will consider has its unsettling features. The chapter concludes by making a case that it would require far-reaching changes in traditional concepts to assimilate the nature of time in de Sitter worlds.
Elliptic de Sitter Spacetime
Authors: Belot Gordon 
Published: August 2023

Abstract
This chapter offers an overview of the geometry of elliptic de Sitter spacetime. Elliptic de Sitter spacetime is de Sitter spacetime’s only rival in symmetry and elegance among solutions of Einstein’s equations with a positive cosmological constant. It is also, in many ways, the most natural example of a temporally non-orientable spacetime. The chapter concludes with a discussion of some reasons that have motivated physicists to take elliptic de Sitter spacetime seriously as a physical model, despite its temporal non-orientability.
The Anti-Hero
Authors: Belot Gordon 
Published: August 2023

Abstract
This chapter is devoted to anti-de Sitter spacetimes, the analogues of de Sitter spacetimes that arise in the case of a negative cosmological constant. It surveys some facts about the surprising geometry and physics of the anti-de Sitter realm. It then turns to some ideas that will play important roles through the following chapters: the technique of conformal completion; observer complementarity as a response to the paradoxes of black hole evaporation; and the AdS-CFT correspondence, a profound conjectured correspondence between conformal field theories and the asymptotically anti-de Sitter sector of quantum gravity.
Cosmic Topology
Authors: Belot Gordon 
Published: August 2023

Abstract
This chapter is concerned with various senses in which topology of space or spacetime may be underdetermined by all possible evidence. It pays special attention to some classic results due to Glymour and to Malament and to some new results due to Ringström. In distinction from much of the recent philosophical literature on this topic, its focus is on cosmologically relevant examples in which underdetermination is a concomitant of exponential expansion.