bluuebunny/crossref_metadata_2025_split huggingface dataset:
A Short History of the Restatement of Restitution and Unjust Enrichment
Authors: Sherwin Emily 
Published: April 2023

Abstract
The restitution Restatements are somewhat unusual in that their primary objective has not been to summarize existing doctrine in an elegant way or to call for doctrinal change. Instead, they have offered and defended a significant theoretical insight into the nature of private law: grounds for legal relief between parties include not only tortious harm and contractual obligation but also unjust enrichment of one party at the other’s expense. This chapter examines the history of restitution and unjust enrichment in the United States, the important role that the American Law Institute’s projects played in that history, American responses over time, and reactions by common law courts and scholars around the world.
Restatements and Realists
Authors: Gordon Robert W. 
Published: April 2023

Abstract
As soon as the American Law Institute’s (ALI’s) “Restatements” of law began to appear in the 1930s, they came under attack from Legal Realists, a new school of skeptical critics of the utility of legal rules to predict legal outcomes. Although the Restatements’ authors were themselves moderate Progressives and law reformers, their product took the form of dogmatic black-letter rules. Realists complained that the Restatements waffled between stating law as it was and as it should be, and, because they ignored social contexts, particular facts, and functional purposes, were without practical value to scholars and practitioners. The ALI could not have accommodated the most radical Realist critiques, but in fact did accommodate and absorb many of the Realist perspectives in its later Restatement projects.
The Temporal Dynamics of Goal Systems
Authors: Huang Szu-chi 
Published: April 2023

Abstract
In this chapter, the author first discusses recent research on the temporal dynamics of goal pursuit, demonstrating how the key drivers of motivation change between early stage, middle stage, and later stage over the course of goal pursuit. The author then discusses how the effects of goal systems can change from one stage to another as a result of these temporal dynamics. For instance, providing multiple (vs. a single) means for goal pursuit would be more motivating early on as it reassures the goal’s attainability but can create decisional costs when offered in the later stage. Similarly, a flexible (vs. fixed) sequencing of steps to a goal is motivating for goal initiation but not for goal completion. Lastly, the author discusses how a goal’s structure, such as dividing an overall goal into multiple smaller subgoals or providing multiple rewards for goal attainment, can also produce temporally dynamic effects on individuals’ motivation. The author completes this chapter with a discussion of some promising directions for future research at the intersection of temporal dynamics and the structuring of goal pursuit.
Extremism and the Extreme Personality
Authors: Szumowska Ewa , Kruglanski Arie W. , Kopetz Catalina 
Published: April 2023

Abstract
Behavioral extremism takes different forms and shapes, including violent extremism, extreme dieting, extreme passion, and extreme infatuations. The authors look at these various behaviors through the lens of the goal systems theory and argue that all cases of extremism stem from motivational imbalance whereby a given need (or a goal serving this need) gains dominance and overrides other basic concerns. The result is an expansion of behavioral options for addressing the prioritized need and engagement in extreme behaviors forbidden under the state of balance. Further, the authors discuss the antecedents of motivational imbalance with a particular focus on individual differences. They argue that some people personify the dynamics of extremism more than others and propose a construct of “extreme personality” to reflect between-person variation in proneness to motivational imbalance. They cite evidence showing that extreme personality predicts manifestations of extremism at different levels: motivational, cognitive, affective, behavioral, and social. They conclude by discussing future research directions.
Balliol
Authors: Rowe M. W. 
Published: April 2023

Abstract
This chapter examines Oxford’s teaching methods, its Greats curriculum, and the personalities and intellectual profiles of Austin’s tutors: Cyril Bailey, D. C. Macgregor, D. J. Allan, C. R. Morris, and, most importantly, C. G. Stone. Initially, Austin’s intellectual arrogance caused problems, but short reports written by the Master of Balliol, A. D. Lindsay, allow us to follow Austin’s growing academic maturity and improving performance. By the time he left, he had been awarded the Gaisford Prize for Greek Prose and a Congratulatory First in Greats with alphas on all his papers. The chapter also looks in detail at Austin’s correspondence with the younger of his two sisters about her fantasy school; his friendship with Lewis Masefield; Austin’s participation in the Balliol Players; his musical activities; his first publication; and, most importantly, the two holidays he spent in Germany, and the insights these gave him into the rise of Nazism.
MI14, Marriage, and North African Intelligence
Authors: Rowe M. W. 
Published: April 2023

Abstract
On 1 January 1941, Austin began work for GHQ Home Forces in Storey’s Gate, London, but was soon seconded to the German Army section of Military Intelligence (MI14) in a basement of the War Office. This chapter examines the role, structure, and personalities who worked in MI14, and looks at the kind of training and activities Austin was engaged in. Austin’s work was top secret, but Intelligence histories and more personal sources allow us to see that, within less than two months of joining MI14, Austin had a brilliant insight which established his reputation as an outstanding Intelligence officer. He deduced that German forces were going to reinforce the badly beaten Italians in North Africa, and by the time he returned from his wedding and honeymoon in late March 1942, the Germans had begun an advance that would push the British line back 400 miles.
Injury, Scotland, and the Desert War
Authors: Rowe M. W. 
Published: April 2023

Abstract
Austin and Jean moved into a flat in Chelsea, and on Wednesday 16 April 1941 a massive bomb exploded behind their building. Austin was not seriously hurt but Jean had to spend five weeks in hospital before returning to college to prepare for Finals. She also discovered she was pregnant. Austin supported her with letters of advice and encouragement, and she went on to get a First. After her exams, they went on holiday to Scotland to introduce Jean to Austin’s parents, and when they returned, Austin went back to working on North African Intelligence. The comparative accuracy of his estimates of Rommel’s losses was a factor which led to the dismissal of the current British leadership in the theatre, and its replacement by the team which would eventually win at El Alamein in late 1942. In early February 1942, Jean gave birth to their first child, Fanny.
The Coming of the Martians
Authors: Rowe M. W. 
Published: April 2023

Abstract
In mid-March 1942, Austin was placed in command of the Advanced Intelligence Section, which he nicknamed ‘The Martians’, whose purpose was to gather information for the forthcoming if distant Allied invasion of Europe. The following topics are investigated: the structure of the section; the Intelligence organizations with whom it liaised; the clients to whom it supplied information; and the Martian Reports in which some of this information was disseminated. Most attention, however, is given to the development of a vast spy network in France, particularly in the Caen area, whose purpose was to supply London with information about Hitler’s Atlantic Wall. The chapter ends with Austin’s section drawing up a map of the German coastal defences. When the section conjoined this with another map showing beach topography, the choice of the landing site for D-Day became inevitable.
Norfolk House, Dieppe, and Torch
Authors: Rowe M. W. 
Published: April 2023

Abstract
Under Austin’s leadership, the Martians became very efficient, and the section was moved to Norfolk House, St James’s Square, London, and substantially enlarged. The testimony of several people who worked under Austin allows us to examine the qualities of his leadership. A more personal issue is also looked at. Austin had to send Renée a message saying that he has married someone else, and the method he might have used to smuggle this message through to her is investigated. The bulk of the chapter, however, is devoted to the motivation, planning, and execution of the disastrous Dieppe Raid in August 1942, and how much responsibility for this failure the Martians should bear. The chapter ends by looking at the vastly larger and more successful Operation Torch—the Anglo-American landings in North Africa in November 1942—and the Martians’ role in this success.
The Hunt for the V-Weapons
Authors: Rowe M. W. 
Published: April 2023

Abstract
In March 1943, two captured German generals in London were overheard discussing long-range rockets secretly developed by the Germans. The British were alarmed and set up a committee under Duncan Sandys to investigate German secret weapons. Initially, nothing significant was found, but in September, an air photographic interpreter in Austin’s section, Peter Conant, was asked to check a report written by a French agent called Michel Hollard. Conant confirmed the presence of suspicious building activity, and reported it to Austin. This chapter then argues that Austin and his colleague Matthew Pryor realized that the Germans were building launch sites for V1 flying-bombs in France, but were unable to persuade the political and scientific establishment of their view. They were only proved to be correct on 1 December 1943, when a V1 was seen on a launcher on the German island of Peenemünde.
War’s End
Authors: Rowe M. W. 
Published: April 2023

Abstract
In mid-February 1945, Austin’s section moved from Versailles to Reims, where the German surrender was signed on 7 May. Austin was present, and involved in the celebrations which followed. A few days later, he was sent to Flensburg where a provisional German government had been set up. He was concerned with collecting German documents, interrogating German officers, demobilizing their army, worrying about post-war German resistance, trying to discover details about the Russian Army, and, eventually, winding up the provisional government itself. The remainder of the chapter examines the murder of his colleague, Martin Watkin; the section’s move to Frankfurt; and Austin’s role in ensuring British interests were looked after, as German wartime documents were collected and classified. His war service ends with the award of three medals and his return to civilian life in England.
Sense and Sensibilia
Authors: Rowe M. W. 
Published: April 2023

Abstract
The first half of this chapter looks at Austin’s celebrated lecture-series, which criticizes the version of the sense-datum theory of perception found in Ayer’s The Foundations of Empirical Knowledge. The section describes Austin’s polemical manner and the lectures’ consequent popularity, and then outlines the lectures’ central criticisms. It is argued that the lectures offer a very effective critique of the argument from illusion, but that their central weakness is they either pay too little attention, or no attention at all, to the power of Cartesian scepticism and scientific arguments against direct realism. The second half of the chapter looks at Austin’s work as a proctor, reviewer, editor, and translator.
Truth and Logic
Authors: Rowe M. W. 
Published: April 2023

Abstract
The first half of this chapter examines the Austin/Strawson debate about the nature of truth, where Austin argues for a form of the correspondence theory, and Strawson argues for a version of Ramsey’s redundancy theory. It is argued that Strawson got the better of the debate, and that Austin’s unclarity about the link between statements and reality is fundamentally the same problem as his unclarity about the link between words and reality. The second half of the chapter urges that Austin’s view of truth was influenced by the Oxford Realists, and argues that the same applies to his paper ‘How to Talk’ and his abandoned theory of predication.
Final Illness
Authors: Rowe M. W. 
Published: April 2023

Abstract
Austin realized he was ill while returning from Scandinavia in early October 1959. Tests quickly showed he had lung cancer, and he went for radiation treatment at the Churchill Hospital in Oxford. The disease, however, spread rapidly: by Christmas he was very ill, and by mid-January it was clear he was dying. Friends called, but the children were not told how sick he was, and his death on 8 February 1960 came as a complete shock to them. The first half of the chapter concludes by discussing the reactions of friends and colleagues to his death, his memorial service, and the obituaries and tributes that appeared in the press and philosophical journals. The second half of the chapter evaluates his achievements, both military and philosophical. Its final conclusion is that, although Austin enjoyed only thirty years of adult life, he had careers of international importance in two largely unrelated fields, and that very few can equal this achievement.
Civilian control of the military in new democracies
Authors: Kuehn David , Croissant Aurel 
Published: April 2023

Abstract
In this chapter, the authors present their arguments in favor of studying civil–military relations in third wave democracies. Normatively and functionally, civilian control of the military is a crucial institutional prerequisite of the consolidated, “embedded democracy.” For democracy to survive, the power of the armed guardians of state security must be limited by strong institutions of control. Civil–military relations are thus a vital topic for democratization and autocratization studies and international and comparative politics, as well as conflict and security studies. Yet, the importance of the topic contrasts with the scarcity of carefully specified theories and systematic theory testing that would allow to identify the conditions under which elected governments and democratically established institutions succeed or fail in ensuring civilian control of the military. Moreover, studies on civilian control of the military and democracy often fall into the “fallacy of coup-ism,” equating civilian control with the absence of military coups d’état. In contrast, the authors argue that civilian control is best defined as the exercise of the will of the country’s elected leadership over the armed forces: why theories of civilian control should center on civilian leaders as relevant actors who can initiate change in civil–military relations. They argue that the effects of different degrees of civilian control on democratic political regimes should differ by substantive decision-making areas and affect different partial regimes of a democratic regime democracy in different ways. Finally, the chapter briefly introduces the data and explains the structure and contents of the following chapters.
Conceptualizing and theorizing civilian control
Authors: Kuehn David , Croissant Aurel 
Published: April 2023

Abstract
The chapter lays out a concept of civilian control over the military in new democracies which differentiates and operationalizes five partial areas of civilian control: elite recruitment, public policy, internal security, national defense, and military organization. The theoretical model argues that the establishment of civilian control in new democracies is best explained by the interplay between civilian control strategies and the effects of three sets of conditions that can hamper or facilitate the institutionalization of civilian control: initial conditions, civilian bargaining power, and factors that shape the military bargaining power vis-à-vis civilian authorities. This analytical differentiation allows the systematic integration of an agency-model of civil–military reforms with the institutional and structural explanations that dominate the existing literature. In the remainder of the chapter, the authors discuss the relationship between the survival of democracy and the quality of different partial regimes of the “embedded democracy” on the one hand, and the strength or weakness of civilian control on the other. Two main causal mechanisms link civilian control to the breakdown of new democracies. The first is the supplantment or displacement of a democratic government or regime by the armed forces. The second is the “weak democracy” syndrome, through which the military either partners with civilian elites in the overthrow of democracy or remains a bystander while civilian incumbents move against the democratic order.
Mapping and explaining civilian control in third wave democracies
Authors: Kuehn David , Croissant Aurel 
Published: April 2023

Abstract
This chapter describes and explains empirical patterns of civil–military relations in 71 democracy spells in 66 third wave democracies in the period 1974 to 2010. The descriptive analysis demonstrates that overall, third wave democracies have been rather successful in ensuring civilian control over Elite Recruitment and Public Policy. In contrast, National Defense and Military Organization exhibit a generally lower degree of civilian control. The chapter also shows that post-communist countries in Eastern Europe and Eurasia started out with comparatively strong traditions of civilian control and registered only moderate changes in levels of civilian control. In contrast, Latin America is the one region in which third wave democracies, on average, had the most difficult initial conditions in terms of civilian control. Despite robust changes in the post-authoritarian period, this still is the region with the lowest average degree of civilian control. In Southern Europe, third wave democracies also inherited weak institutions of civilian control but experienced the greatest change and achieved the highest average degree of civilian control in 2010. The statistical analysis finds that civil society strength and economic development are the strongest predictors of civilian control, both in the aggregate as well as across all five individual decision-making areas. In contrast, initial conditions such as praetorian legacies and military control over the mode and outcome of the democratic transition seem less relevant for explaining civilian successes in establishing civilian control over their militaries when controlling for other factors, at least in the long run.
Reforming civil–military relations
Authors: Kuehn David , Croissant Aurel 
Published: April 2023

Abstract
The analysis of six cases of successful or failed institutionalization of civilian control in this chapter allows for a systematic tracing of the strategies of political control used by civilians; how they were linked to structural determinants; and how such strategies affected the reform of post-authoritarian civil–military relations. The three successful cases (South Korea, Chile, and Spain) show that there were important differences in the mix of strategies, particularly regarding the early-on prioritization of the role of the defense ministry and an emphasis on the democratic socialization of the military. However, control strategies that played an important role in cases of weakly institutionalized civilian control, such as the co-optation of military elites, were of little importance in the three successful countries. Second, governments in South Korea, Chile, and Spain first emphasized weak strategies but later adopted new, more robust instruments of ensuring the military’s subordination, possible because of the maturing of democratic institutions, the growth of civil societies, and good socioeconomic performance, which strengthened the legitimation of democratic institutions and political authorities. In contrast, the most striking similarity among the three cases of stagnant or weakly institutionalized civilian control (the Philippines, Russia, and Madagascar) was the attempt to personalize and centralize political control by the incumbent president. All three countries had weak civil societies and democratic institutions; a challenging economic environment; and a potential for mass discontent. In all three cases, civil–military relations were mainly dependent on the incumbent’s ability to co-opt elites in various sectors of society.
The effect of civilian control on democracy
Authors: Kuehn David , Croissant Aurel 
Published: April 2023

Abstract
This chapter addresses the question whether the degree of civilian control is correlated with the survival and breakdown of democracy and democratic quality in the third wave. Multivariate statistical analyses confirm that democratic survival is more likely if civilian authorities achieve a high degree of civilian control of the military. In contrast, where democratic governments lack the effective capacity to rein in the armed forces, the likelihood for a democratic breakdown remains high. To account for effects of weak or declining degree of civilian control on the quality of democracy, we statistically evaluate the relationship between civilian control and different partial regimes of the “embedded democracy.” We find that the overall degree of civilian control is a crucial determinant of political rights and civil liberties. Findings suggest that countries in which the military does not enjoy much political influence and is under the control of the democratically elected authorities do better in ensuring the political rights and civil liberties of their citizens. In contrast, the overall degree of civilian control had no effect on horizontal accountability and electoral integrity, though civilian control over Elite Recruitment has a strong, positive effect on democratic quality of the electoral regime of an embedded democracy. As suggested by extant literature on democratic quality and consolidation, socioeconomic development, measured by the GDP p.c., is the single most powerful predictor of democratic quality across all four partial regimes.
Democratic survival and quality
Authors: Kuehn David , Croissant Aurel 
Published: April 2023

Abstract
This chapter complements the statistical analyses in Chapter 5 with case studies to understand how the degree of civilian control affects the survival and quality of democracy in third wave democracies. First, the chapter contextualizes the statistical findings in greater detail by delving into the 18 instances of breakdown of third wave democracies from 1974–2010, distinguishing three distinct military roles as (i) perpetrator, (ii) partner, or (iii) bystander in processes of democratic regime breakdown. Second, two process tracing case studies of Brazil (weak civilian control and low democratic quality) and Taiwan (strong civilian control and high democratic quality) uncover how the development of civilian control has affected the quality of democratic institutions and processes in both countries. Overall, weak civilian control and, especially, an extensive military role in the provision of internal security are likely to lead to impingements on citizens’ political rights, civil liberties, and the rule of law. Supporting comparative case evidence from Portugal, Romania, South Africa, and Turkey reiterates the crucial importance of civilian control, not only for democratic survival, but also for the quality of third wave democracies. In sum, the case study evidence uncovered in this chapter corroborates the theoretical arguments outlined in the second chapter of this book.