bluuebunny/crossref_metadata_2025_split huggingface dataset:
The challenge of deciding upon reparations
Authors: Colonomos Ariel 
Published: August 2023

Abstract
This chapter focuses on another case which testifies to the importance of pricing lives as a constitutive of the political: reparations for historical injustices and reparations of war. Such situation is particularly challenging for the state and is particularly difficult when those victims of historical injustices or victims of war, such as in the case of slavery or during World War II, ask for compensation for the wrongdoings inflicted upon them or restitution for the property that had been stolen from them. The case of reparations is particularly difficult to solve when those crimes were committed centuries ago. Although, in the past, reparations strengthened the logic of the state by rewarding the winner of a military conflict, such repairing is no longer the case today. Since the 1990s, individuals have come to play an increasingly greater role in reparations claims. Non-state actors, such as communities and markets, play an important role in the weighing of human lives. Moreover, victors are also pushed to pay for reparations whereas in the past, the burden of reparations rested solely on the shoulders of the vanquished. Pricing lives pervades both political spheres, the international and the domestic.
The challenge of pricing pandemics
Authors: Colonomos Ariel 
Published: August 2023

Abstract
This chapter focuses on the role of the state when it is confronted with a pandemic. It argues that the balancing of lives and interests is the main issue which the state has faced throughout the history of pandemics. It shows that this equilibrium is highly contextual: lives play today a more important role than they did in the past and states put more effort to contain the spread of contagious diseases—i.e. to save lives—even if the decisions to do so—e.g. lockdowns—are costly. However, paying with lives—i.e. accepting to lift lockdowns even if this decision will cause further infections and hence more deaths or herd immunity—remains a possibility. Paying for lives and paying with lives—pricing lives—is a dialectical process that the case of COVID amply illustrates. COVID has shown the importance of such balancing for the political, both at the domestic level and global level.
A political theory of hostage-taking
Authors: Colonomos Ariel 
Published: August 2023

Abstract
Building on Hobbes and the analogy that he makes between the power of parents, and notably the father over the lives of his children and the power of the state over the lives of its citizens, this chapter argues that paying with lives is the essential feature of a patriarchal political order. In a patriarchal setting, the state maintains its stronghold over the lives of its citizens. It is hard for the state to accept that its opponents decide over the lives of its own people. Therefore, this political vision encourages a non-compromising policy with hostage takers. Refusing to save one’s own citizens, if such is too detrimental for the interest of the state, also sends a ‘costly signal’; it is also a display of power that is presumed to have a powerful deterrent effect. Based on these premises, the chapter develops a political theory of the hostage that applies beyond the realm of kidnapping, for example in nuclear politics. The patriarchal state is also challenged by other actors that weigh lives according to their own measurement and standards. However, in the context of liberal democracies especially, the patriarchal order is a fragile one. It is difficult for a state to be patriarchal as it exposes itself to moral critique for its lack of empathy in the face of human suffering. The state has to balance patriarchalism with another mode of pricing lives, i.e. philanthropism, that is discussed in the following chapter.
Lest we forget the future
Authors: Colonomos Ariel 
Published: August 2023

Abstract
Given what the prevailing values are within liberal democracies, we need to think of a philanthropic type of power that values at their best the lives of human beings. It is also essential to find a proper equilibrium between the state, the community, and the market and the different types of measurement of the material equivalence to lives that these three spheres produce. This endeavour is all the more important considering that we are confronted with an important challenge when weighing lives, i.e. measuring the value of distant lives, both in time and in space. States are usually present-centred when comparing the weight of present lives to past or future lives. This chapter argues normatively in favour of the revaluation of future lives (against ‘future discounting’). Although it acknowledges the need to pay for lives that are endangered in the present such as in the case of hostage taking, it also shows the need to take into account future lives in other domains of security, while also applying the norm of ‘human security’, the rule of responsibility to protect (R2P) and the law of ‘jus ex bello’. The weight of past lives can also create sunk cost bias as in the case of the war-trap in which states are reluctant to stop fighting or disengage because of losses they have already suffered from.
Out of sight, out of mind?
Authors: Colonomos Ariel 
Published: August 2023

Abstract
Weighing at their best the value of human lives is important also in the context when lives that are distant are at stake. Unfortunately, there are numerous historical examples of states that have been indifferent to the suffering of people who were abroad or who were coming from afar and were culturally distant from the state’s own citizens. This chapter discusses the tragic case of the Jews during World War II and the attempts to rescue them by offering material counterparts. These are indecent prices; however, the victims and those that help them have no choice other than to try and compromise with criminals. Weighing the lives of the victims of genocides gives us further insight on matters related to migration. In order to value at their best the lives of those who, from afar, come closer to us, it is important to use complementary resources from the state, the market and the community. The chapter includes some concrete proposals in this direction.
Knowing who we are
Authors: Colonomos Ariel 
Published: August 2023

Abstract
Pricing lives gives us a better picture of who we are and stands as a challenge for liberal democracies. As this value attribution is contingent, there is room for manoeuvre. The concluding chapter emphasizes five main points and raises one question that remains open for discussion. First, we need to rethink and revalue the role of the philanthropic state. It is also extremely important to limit the role of patriarchalism and ensure that paying with lives (to serve state interests) should be as scarce as possible. Second, the state, the community and the market have complimentary roles, each of them has to contribute as much as it can to the valuing of human lives. Third, we need to reduce the non-commensurability gap. Fourth, our political cultures are relatively flexible and we need to orient them in the direction of a more humane and renewed philanthropism. Fifth, we need to revalue the lives of those who make sacrifices to save the lives of others, as a means to contribute to the revaluing of life itself. The chapter ends with a question and proposal. Some individuals might be stateless, have no community to support them, and have no access to the market. For those who have no safety net, at the global level, liberal democratic states have to think about the possibility of a ‘world insurance’ that would value the lives of the individuals that are cut from any material support and whose lives, otherwise, dramatically, would be valueless.
Introduction
Authors: Rich Kelly M. 
Published: August 2023

Abstract
The Introduction articulates the need for a new literary history of Britain’s Second World War based on Britain’s transition from a warfare to a welfare state. It begins by revisiting the discourse of reconstruction, showing how its concepts of social welfare prove capacious and flexible, extending beyond a narrow political or economic definition to embrace new forms of collectivity and care. It then considers how domestic space became a privileged site for reimagining sociality, as if reorganizing individuals’ private lives would result in a more coherent society. Given these parameters, the introduction turns to the novel as the form best-suited for investigating welfare. Through its engagement with the built environment and institutionalized domesticity, the novel creates quasi-administrated home spaces that preserve and challenge midcentury welfarist ideals. The Introduction concludes by reflecting on the peculiar temporality of postwar reconstruction and its ramifications for literary periodization, which requires a long view of the postwar fiction that looks backward to literary modernism as well as forwards to the contemporary moment.
A Room of One’s Own?
Authors: Rich Kelly M. 
Published: August 2023

Abstract
Chapter 1, “A Room of One’s Own? Postwar Modernism and the Reconstructive Imagination,” begins amidst the ruins of the British Home Front, where the modernist ethos of “only connect” finds itself at odds with new ideas of collective justice raised by postwar reconstruction and the welfare state. As an inheritor of literary modernism, Elizabeth Bowen offers unique insight into the fate of the novel at midcentury and its task of registering social change. This chapter reads Bowen’s The Heat of the Day (1949) as a work that collapses the relationships afforded by modernist treatments of interpersonal intimacy, while also testing the potential of domestic space to catalyze new modes of sociality. Yet, this is also where Bowen’s novel meets its limit, as its horrified gaze into the working-class home produces a proto-sociological condemnation often found in the literatures of reconstruction. The chapter then closes with a consideration of Humphrey Jennings’ documentary film A Diary for Timothy (1945).
Unhomely Empire
Authors: Rich Kelly M. 
Published: August 2023

Abstract
Chapter 3 turns to Windrush literary production as a testing-ground where wartime visions of reconstruction met postwar social realities, manifesting in the unevenly felt experiences of making Britain home for colonial subjects turned citizen. In doing so, it addresses another challenge to Britain’s plans for social welfare: midcentury decolonization movements and mass immigration to the UK. It begins by bringing the study of the postwar in relation to the postcolonial, arguing that the rise of Britain’s welfare state cannot be read without reference to its history as a global superpower. It then tracks the dream of communal domesticity that saturates the work of Samuel Selvon, including Sunday basement meetings in The Lonely Londoners (1956) and collective home ownership in The Housing Lark (1965). It ends by considering how the Windrush generation continues to inform contemporary literary production in works such as Andrea Levy’s Small Island (2004) and Zadie Smith’s NW (2012).
Institutional Life
Authors: Rich Kelly M. 
Published: August 2023

Abstract
Chapter 6 treats Kazuo Ishiguro’s Never Let Me Go (2005) as a counterfactual allegory of postwar Britain, an exercise in contemporary nostalgia, and the most extreme literary test of reconstruction. Expanding welfare’s parameters to include a national cloning program, the novel challenges the reader to contend not only with the clones’ statistical structures of feeling, but also with the ways institutional space shapes their aggregate individualism: a cold vision of the welfare state’s endgame and the risks of a reconstructive ethos. Yet even in this instrumentalized world, the novel cannot abandon the spatial fantasies of care so characteristic of Britain’s postwar imagination. Indeed, unlike Ishiguro’s other works, whose epiphanies are motivated by historical consciousness-raising, this sense of history is not available to clone protagonist Kathy. Instead, her epiphany is mediated through her relationship with her environment—what the chapter calls “infrastructural interiority”—demonstrating the long reach of postwar reconstruction and its felt legacies.
Coda
Authors: Rich Kelly M. 
Published: August 2023

Abstract
The conclusion addresses our contemporary moment, a time when discussions around the need for welfare have intensified due to the combination of atrophied welfare services, the global refugee crisis, and the Home Office’s introduction of “hostile environment” policies. Instead of studying representations of housing and quasi-administrated domestic life, this section considers a structure often hidden from view: the Immigration Removal Centre, used to hold and remove those seeking entry to Britain. Analyzing representations of IRCs in the work of Abdulrazak Gurnah, Caryl Phillips, and Ali Smith, the conclusion brings human rights concerns to bear on domestic welfare, connecting these structures of inhospitality to postwar dreams of social life.
History
Authors: O'Faircheallaigh Ciaran 
Published: August 2023

Abstract
The history of relations between Indigenous peoples and miners provides a critical context to contemporary interactions between them. In many cases, that history is characterized by violence and the dispossession and marginalization of Indigenous peoples by miners, assisted by the state. This chapter illustrates the historical experience of Indigenous peoples with mining, using examples spreading across two centuries, from gold rushes in Australia and the United States, to copper mining in Indonesia, diamond mining in the former Soviet Union and bauxite mining in Australia in the years after the Second World War. Yet Indigenous people also engaged with mining and worked as miners, an aspect of history which will be highlighted using recent research revealing the key role of Aboriginal miners, women and men, in gold rushes in New Zealand and Australia.
Forces for Change
Authors: O'Faircheallaigh Ciaran 
Published: August 2023

Abstract
Growing international recognition of Indigenous rights since the 1950s constitutes a key part of the context within which Indigenous peoples interact with the mining industry. This chapter discusses the content and relevance of general human rights declarations and treaties, and the growing body of international law and legal practice focusing specifically on Indigenous peoples, including the International Labour Organization’s Convention on Indigenous and Tribal Peoples and the United Nations Declaration on the Rights of Indigenous Peoples. The chapter highlights the role of international Indigenous activism in bringing about this growing recognition, and examines the relevance of international treaties and declarations for state policies in the domestic sphere. The chapter also discusses initiatives by the United Nations, international financial institutions, and peak mining industry bodies to achieve greater recognition of Indigenous rights by corporations, private investors, and lenders.
The Mining Industry
Authors: O'Faircheallaigh Ciaran 
Published: August 2023

Abstract
This chapter briefly describes the mine life cycle, from prospecting, to intensive exploration, to development and production, and to mine decommissioning and closure. It highlights the environmental, social, and economic impacts associated with each stage of the cycle, then focuses on the structure of the contemporary global industry. Thousands of companies are involved in the early stages of the mine life cycle, because relatively little capital is required to fund exploration and because access to markets is not needed at this stage. In contrast, the development and operational phases are highly concentrated, reflecting the fact that capital costs are very high and that access to global mineral markets is essential. In many sectors, just a handful of companies dominate the market. Industry responses to Indigenous peoples can vary considerably given the range of company types involved in exploration and mining, and the degree to which companies embrace corporate social responsibility policies. However, all are ultimately driven by the imperative to locate and profitably extract minerals.
The State, Indigenous Peoples, and Mining
Authors: O'Faircheallaigh Ciaran 
Published: August 2023

Abstract
This chapter reviews the extensive literature which theorizes the role of the state, classifying theories according to: (1) the degree of autonomy the state is deemed to have to act independently of societal interests; (2) the identity of the societal interests it responds to, if it lacks autonomy, or the identity of the societal interests it decides to benefit or privilege, if it does have autonomy. It considers the implications of various theories for the state’s role in framing relations between Indigenous peoples and mining, concluding that in any contest between the two, most theories predict that states will strongly favour mining. The chapter then discusses the role of Indigenous people as participants within state institutions; reviews state organizational arrangements for dealing with Indigenous peoples and with mining; and summarizes the range of policies adopted by states towards their Indigenous peoples historically and in the contemporary context.
Indigenous Engagement
Authors: O'Faircheallaigh Ciaran 
Published: August 2023

Abstract
A fundamental change that has occurred in recent decades involves the negotiation of agreements involving Indigenous peoples, companies, and in some cases the state, governing the terms under which mining will occur on Indigenous lands. Agreements are now negotiated for virtually all major projects on Indigenous lands in settler states (Australia, Canada, the United States), and they are increasingly prevalent in the Global South. This chapter reviews major issues raised by negotiated agreements, including the role of the state and its legal regimes; inequities in bargaining power and how Indigenous groups seek to overcome these; the content of agreements; and their enforceability and implementation. It includes a focus on the role of women in negotiations, a role that does not always involve a high public profile but nevertheless is often critical.
Indigenous Opposition
Authors: O'Faircheallaigh Ciaran 
Published: August 2023

Abstract
Many Indigenous peoples oppose mining on their ancestral lands, either because they perceive an irreconcilable difference between mining and their cultural and social survival, or because the perceived balance of costs and benefits from mining is weighed against them. Indigenous women in particular have often opposed mining because of concerns about its impact on culture, land, and livelihoods. In this context, engagement with industry and the state often takes the form of protest and resistance. This chapter examines and assesses the strategies used by Indigenous opponents of mining to stop it or to change the conditions under which it will occur, drawing on cases from Australia, Papua New Guinea, and Canada. The chapter illustrates the dynamic and unpredictable nature of resistance and of company and state responses to it, especially where it involves violence, which can spiral out of control in ways not originally intended by any of those involved.
Indigenous Rights and Mining in the Philippines
Authors: O'Faircheallaigh Ciaran 
Published: August 2023

Abstract
The Philippines is one of the few countries that has introduced comprehensive legislation which aims to recognize the rights of Indigenous peoples, including in their interaction with extractive industry. At the same time, its national government has used military force to supress Indigenous resistance to mining, and sought to undermine the role of the judiciary in enforcing legal recognition of Indigenous rights. This chapter uses two case studies to illustrate the efforts of Indigenous peoples to achieve control over mining in this complex and contradictory political environment. It traces the unsuccessful efforts of Subanon peoples to stop destruction of a sacred mountain by a Canadian mining company; and the success, to date, of B’laan peoples in halting development of one of Asia’s largest undeveloped copper orebodies, Tampakan, drawing on support from sympathetic state institutions and civil society.
Australia and Canada
Authors: O'Faircheallaigh Ciaran 
Published: August 2023

Abstract
This chapter analyses recent relations between Indigenous peoples and the mining industry in Australia and Canada. Both countries are now characterized by an almost universal adoption of negotiated agreements as the primary mechanism for governing these relations. What shapes the content of these agreements in terms of permitting Indigenous peoples to share in the benefits of mining, and in allowing them to influence its impact on their traditional territories? And what effect do agreements, and the presence of mining activities more generally, have on the well-being of Indigenous communities in mining regions? A key finding is that there is wide diversity in the content of agreements and in outcomes from mining, with significant implications for Indigenous livelihoods and well-being. The wide range of outcomes evident in Australia and Canada affords a valuable opportunity to gain insights into the factors shaping the impacts of mining on Indigenous peoples and territories.
Analysis and Conclusion
Authors: O'Faircheallaigh Ciaran 
Published: August 2023

Abstract
This chapter draws on the extensive analysis of issues, regions, and peoples in previous chapters to characterize relations between Indigenous peoples and mining in the contemporary world. It draws out common features of those relations based on patterns of behaviours and responses by Indigenous peoples seeking to protect their livelihoods, lands, and culture; multinational mining companies seeking to maximize profits; and states intent on promoting ‘development’. It also highlights the distinctive outcomes that emerge because of the agency of Indigenous peoples and the effect of particular historical patterns and state structures. It concludes by offering theoretical insights that help explain outcomes arising from Indigenous interactions with the mining industry, and provide a basis on which to indicate how more positive outcomes for Indigenous peoples could be achieved.
Senior Courts Act 1981
Authors: Allen Frances , Gasparro Julia , Swaney Jo , Phelan Margaret , Gillespie James 
Published: August 2023

Abstract
This chapter focuses on the Senior Courts Act 1981. It starts with how the citation of the Act was altered in reference to the Constitutional Reform Act 2005 Schedule 11 from 1 October 2009 (SI 2009/1604). The provisions are primarily concerned with the transfer of judicial review applications to the Upper Tribunal. Thus, the application of the provision revolves around when an application is made to the High Court for judicial review or for permission to apply for judicial review. The chapter explains that the High Court must by order transfer the application to the Upper Tribunal if conditions are properly met.
Immigration Act 1988
Authors: Allen Frances , Gasparro Julia , Swaney Jo , Phelan Margaret , Gillespie James 
Published: August 2023

Abstract
This chapter covers the provisions found in the Immigration Act 1988. It explains the aim of the Act of regulating immigration into the United Kingdom and other correlating matters. In cases of polygamy, restriction on exercising the right of abode applies to any woman that has the right in the United Kingdom under section 2(1)(b) of the principal Act or has not been in the United Kingdom since her marriage. The chapter cites that the proof of the right of abode correlates with the amendment of the Immigration Act 1971 and the British Nationality Act 1981. It explains how the principal Act shall have effect with the amendments specified in the Schedule to this Act.