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

Abstract
Where the performance from plaintiff to defendant consists of the transfer of a right, if that right has been conveyed without justification, the defendant ought to reconvey that right. This gives rise to a trust over the right that ought to be reconveyed. Before such an obligation to reconvey can be imposed, however, it is a necessary condition that the defendant knows of the facts giving rise to the obligation to reconvey. After the acquisition of such knowledge, the defendant is potentially liable for ‘knowing receipt’. Once the basic conditions have been understood, it is possible to determine why and when it is possible to ‘trace’ in Equity and the meaning of and limits upon subrogation. The rules in Equity appear quite different from those applicable at common law. The reasons for these differences can only be understood once the different form of equitable rights are understood.
Improvements
Authors: Stevens Robert 
Published: June 2023

Abstract
The bona fide possessor of a thing who improves it, unaware of the prior title of another may justifiably be entitled to a title to the thing, which may be asserted against the party with prior title until reimbursed. In England, in relation to land, the law of improvements is generally dealt with through the doctrine of proprietary estoppel. This is unfortunate. Different senses of estoppel have become confused. First, a party may be estopped from asserting a fact, this is a rule of evidence. Second, a party may be estopped from asserting a right, which is the classic form of so-called ‘equitable estoppel’. Third, over recent decades ‘estoppel’ has become extended to become a freestanding cause of action. In this form, ‘estoppel’ is a misnomer. Claims of this form, where justifiable, in turn take two forms, either undertakings in relation to particular rights, or to reimburse the value of work done. The latter would be better seen as being claims for restitution, rather than as based upon an extended, and distorted, estoppel principle.
Wrongs
Authors: Stevens Robert 
Published: June 2023

Abstract
When, if ever, is a gain-based remedy for a wrong available? When and why is a gain-based award available for torts, breach of contract, or equitable wrongdoing? This requires careful consideration of the meanings of ‘wrong’, ‘loss’, ‘gain’, ‘general damages’, and ‘special damages.’ For most wrongs, the purpose of the primary duty does not include the prevention of gain being made by the party subject to the duty. As such, consequential gain is ordinarily ‘too remote’ to be recoverable. The limited group of cases when a gain-based response is appropriately available are those where the purpose of the protected right is to allocate a gain to the rightholder.
Damages
Authors: Stevens Robert 
Published: June 2023

Abstract
Damages are not always measured by reference to the counterfactual consequential loss suffered by the plaintiff. Sometimes an award is justifiably made for the wrong itself. This distinction is traditionally labelled as being that between special and general damages. For torts in relation to things, whether goods or land, general damages are usually measured by reference to the market value of the right infringed. Sometimes, however, there is no such market, and such a figure must be constructed. The best method for doing so is to construct a hypothetical market: what would a reasonable seller and buyer have agreed as a release fee. This quantification is unrelated to any actual gain that the defendant has made from the wrong committed. It does not follow however that such an award is properly available for all wrongs. In some cases no reasonable rightholder would agree to such a release fee, in others the purpose of the right is to protect against consequential loss, meaning that any award exceeding such loss in inappropriate. Damages in lieu of specific relief were introduced, and are still justifiable, in order to prevent multiplicity of actions. They are not justifiably quantified by reference to principles other than those applicable to damages generally.
Illegality
Authors: Stevens Robert 
Published: June 2023

Abstract
Illegality is not, or at least not just, a defence. Where a party to litigation seeks to rely upon their commission of an offence that is malum in se (murder, theft, bribery, etc) the court should refuse to lend them its assistance. Claims for restitution should not differ in this regard from any other. Courts should not order to be done that which the law prohibits. This includes the making of restitution. The effect of statutory regulation is, all the way down, a matter of the correct construction of the effect of the relevant legislation by the court. There is no sensible point at which the effect of ‘statutory illegality’ ends and a different set of rules governed by ‘common law illegality’ begins. The purpose of making the entering into or performance of a contract illegal will often point in favour of the reversal of any performance rendered. The most common case where it will not do so is where the illegality rule exists in order to protect the defendant. The extent to which English law now departs from these principles is uncertain. In some cases, the legislature’s purpose of making conduct illegal may justify restitution, and not merely operate as a defence.
Religion
Authors: Fletcher Stella 
Published: June 2023

Abstract
This chapter begins with those aspects of religious experience which were shared by the inhabitants of Christian Europe and ends with minority interests and experiences, whether in the elite or popular ranges of the social and cultural spectrum. The spirituality of the period is explored with reference to concepts of holiness and sanctity, including cults such as that of Mary, the choice of candidates for canonisation, and the understanding of contemporary events through the prism of religious belief. Liturgy was part of the lives of all Christians, so patterns of changes and continuity in worship are explored, which leads to a consideration of texts (including biblical scholarship), music, and architectural settings.
The Civilization of the Renaissance
Authors: Quiviger François 
Published: June 2023

Abstract
This chapter is a conceptual analysis of the Renaissance. It begins with a consideration of identity and individualism in Renaissance civilization, including a reassessment of the model proposed by Jacob Burckhardt. There is an analysis of the ways in which the people of early modern Europe experienced and ordered the world, particularly in fields such as medicine, philosophy, and religion. The clearest expressions of the tastes, ideas, aspirations, and pleasures of religious and political elites are to be found in the arts of the Renaissance and in social gatherings such as academies. Visual representations of women by male artists are seen as a prism through which subjects such as female spirituality and pornography can be understood. The arts of the banquet, which include silverware, casting, folding, table decoration, the sequence of courses, wine, and performing staff, are used to show how such activities can reflect the attitudes of participants and observers.
Art and Architecture in Italy and Beyond
Authors: Ames-Lewis Francis 
Published: June 2023

Abstract
This chapter explores the principle that underlies Giorgio Vasari’s Lives of the Artists, that the central purpose of Italian Renaissance artists and architects was to reappraise or adapt the forms and motifs of classical antiquity with a view to constructing a new classical artistic language with which to create buildings and works of art. The first two sections focus on ways in which architects and artists responded to and re-evaluated the heritage of classical antiquity, the reasons for re-workings of classical forms, and the meanings and messages that these revisions of classical exemplars might have carried. In the section on architecture, attention is paid in particular to the ways that Renaissance architects adapted classical Roman building types to suit new expectations, and redeployed classical architectural language, notably the Orders, and to explore what they might imply about the cultural ambitions of their patrons. In the second section, discussion focuses on how the sculpture of classical antiquity was studied and reinterpreted, especially in artists’ treatment of the human figure as a paradigm of artistic exploration. The expansion of secular art to complement the continuum of religious art production leads to the further exploration of human figures as actors in works with secular narrative subjects, especially those based in classical mythology and history. The notion of man as individual is seen to underlie the dramatic rise of portraiture in the Renaissance.
The Renaissance of Science
Authors: Findlen Paula 
Published: June 2023

Abstract
This chapter considers how the evolution of scientific knowledge in the fourteenth and fifteenth centuries laid the foundations for the landmark accomplishments of the mid-sixteenth century. The science taught in early modern universities was based on the logic, metaphysics, and natural philosophy of Aristotle, understood through the prism of the commentaries and translations of Averroes. The dislodging of Aristotle was accomplished by the recovery of Greek texts of works by figures such as Galen, Ptolemy, Plato, and Euclid. The dissemination of science was facilitated by the printing of both medieval and contemporary scientific works, including translations of Arabic and Hebrew texts. Developments in mathematics facilitated refinements in mapping and astronomy, and figures such as Mercator developed spherical geometry. Finally, in the early 1540s Copernicus’s On the Revolution of the Heavenly Spheres, Vesalius’s On the Fabric of the Human Body, and Fuchs’s Notable Commentaries on the History of Plants offered a new understanding of nature.
Woman Much Missed
Authors: Ford Mark 
Published: June 2023

Abstract
This book explores the many poems that Thomas Hardy (1840–1928) wrote about his wife Emma Hardy (1840–1912). These poems were nearly all composed in the wake of her death. It opens with a detailed analysis of what poetry meant to Hardy, focusing on his concept of poetry as allied to romance and on his quest to portray in verse what he called ‘the other side of common emotions’. Subsequent chapters offer close readings of the poems inspired by his chance meeting with Emma in St Juliot in Cornwall in 1870, by their courtship on the Cornish coast, and by their famously unhappy marriage. Particular attention is paid to Hardy’s use of classical sources such as Virgil and Ovid and to his reconfiguration of the conventions of elegy. This book also reveals the extent to which various Hardy poems were inspired by his reading of Emma’s memoir, Some Recollections, and by her so-called Black Diaries, which contained bitter denunciations of both Hardy and his family. The ‘Poems of 1912–13’ sequence (published in 1914) contains many of Hardy’s best-known poems about Emma: Woman Much Missed offers fresh interpretations of these elegies, while also weaving them into accounts of the many other Emma-related poems in the Hardy corpus. It concludes with a consideration of his peculiar verse-play The Famous Tragedy of the Queen of Cornwall (1923), which it reads as an attempt to incorporate into the poetic narrative of his life both Emma and his much younger second wife, Florence Hardy (1879–1937).
Interpretive Ghosts
Authors: Falasca-Zamponi Simonetta 
Published: June 2023

Abstract
Chapter 2 digs deep into ordinary diarists’ ideological and philosophical ambivalences. It analyzes the semantic challenges presented by the “enemy”—a label that diarists found hard to assign and that further confounded the issue of fascism’s historical responsibilities. Who was the enemy—the Germans, the Anglo-Americans, or the Italian fascists of the RSI? The chapter also argues that people’s difficulties at separating fascism from the “fatherland” steered attention away from two decades of Mussolini’s dictatorship, demonstrating the effectiveness of the regime’s ideological work in promoting patriotism and imperialism. Ultimately, diarists’ tendency to evaluate fascism by divorcing its objectives from actual results led to emphasizing fascism’s supposed ethical posture and purity of intentions against its inability to achieve those ideals. In this scenario, corruption came to play the role of justificatory trope. Admittedly, contemporary historical reality was an interpretive nightmare, and in poignant lines diarists voiced their incapacity to comprehend it. The ongoing civil war especially gave way to deep anguish. Particularly powerful are the stories of prisoners of war. Although caught in feelings of shame at the collapse of the Italian military, IMIs (Internati Militari Italiani) refused to collaborate with the “eternal enemy.”
The Diary as Alibi
Authors: Falasca-Zamponi Simonetta 
Published: June 2023

Abstract
Adding a comparative perspective to the diaries of ordinary Italians, the last two chapters consider thirteen journals authored by prominent national and local figures among Italian journalists, novelists, and politicians (referred to as “intellectual diarists”). Chapter 4 focuses on the sense of civic duty and the drive to bear witness that motivated a group of diarists to transform the private status of personal reflections into a potentially public record. How did the authors’ original determination to reach an audience and publish their diaries affect their ultimate products? Stylistic and compositional choices suggest that the journals of intellectual diarists became alibis in the literal sense of the word. The writer is “elsewhere”—a distant observer whose objective sensibility tends to bleed into neutrality, as if not involved. Though heterogeneous, these diarists took positions that exposed their political hybridity and connivance as, for example, when they attempted to artificially separate Italy from fascism and fascism from fascists. Similar incongruences also emerge from their reactions to the events of July, September, and October 1943. Like ordinary diarists, these practiced writers often sidelined fascism’s guilt, even if, differently from the former, they forcefully raised the issue of Italians’ responsibility in the regime.
Conclusions
Authors: Falasca-Zamponi Simonetta 
Published: June 2023

Abstract
The concluding chapter assesses the book’s evidence and arguments and weighs the question of the Italians’ failure to work through their fascist past. It reports on popular reactions to liberation and the war’s end while reiterating the importance of an analysis focused on people’s lived present. It also re-examines the constitutional ambivalence of the quotidian by linking Italians’ ideological instability to normal processes of daily experience and one’s historicity. And it addresses the normalization of fascism in contemporary Italy, thus posing the question: Should this re-emergence be considered an inevitable result of time passing or as rooted in misguided decisions made in the far past? Ultimately, taking into account the moral legacy of the Resistance and its recognition of Italy’s responsibility for generating the fascist phenomenon, the issue is: Did Italians realize fascism’s perniciousness? The answer to these queries has grave consequences for Italy’s democratic future.
The Australian Consumer and Competition Commission’s (ACCC) Digital Platforms Inquiry
Authors: Thomas Pradip Ninan 
Published: June 2023

Abstract
The Digital Platform Inquiry in Australia is an investigation into the behaviour of digital platforms in Australia. The 620-page report that was submitted to the Australian government in June 2019 includes 23 recommendations, the most radical being the attempt to force platforms to compensate content creators, in particular news media, both private and public media, for sharing third party content on their platforms. This chapter highlights some of the key recommendations highlighted in the report including the need for platform literacies in schools. The report also recommends the establishment of a Digital Platforms branch within the ACCC and supports ongoing investigations into the anti-competitive behaviours of Big Tech in Australia. The chapter also includes a section on privacy regulation in Australia and the difficulties in enforcing the Privacy Act.
Introduction
Authors: Budelmann Felix 
Published: June 2023

Abstract
The first part of the Introduction places the volume in its scholarly context within cognitive literary studies in general and cognitive approaches to Greek tragedy in particular, and maps the variety of approaches taken by the individual chapters. The second part tackles issues of methodology, not just for this volume but for cognitive literary studies in Classics more widely. Four questions are discussed: Do cognitively inflected studies of Greek tragedy, by drawing on research in the sciences, make claims to knowledge that differ from those in standard literary criticism? How can we best think about the interaction between universality and cultural (as well as individual) specificity in this type of work? Does cognitive criticism generate new readings? And can cognitive criticism give something back to cognitive science?
Middle Class Muslims in Mumbai
Authors: Patel-Banerjee Tanvi 
Published: June 2023

Abstract
Muslims in Mumbai are increasingly inhabiting the neoliberal workplaces and secularized higher educational spheres. They are fashioning a self that is in congruence with Islam, yet not dissonant with neoliberal realities. While their faith is put to the test of understanding and argument, there remains an overall commitment and allegiance to Islam. Cultivating and projecting a certain posture towards faith becomes a means of establishing class distinctions. It is in this context that this chapter theorizes three heuristic ideal types of engagement with faith in the lives of members of the new Muslim middle class in Mumbai. (1) The secularized-accommodative approach to faith imagines faith and religion not as a given, but as a terrain of possibilities, among which active choice and selection are conceivable. (2) Faith as scriptural-pietistic includes individuals for whom piety is a mode of self-improvement and a method of unravelling an ideal Islamic self, those who consciously avoid contexts and circumstances which are un-Islamic or in conflict with Islamic moral codes. (3) Those who practise an active-authenticated faith strive for an enlightened reading of Islamic texts made possible by their modern education which imparts the values of critical thought, verification, and analytical reasoning.
Strategic Roadside Shrines in High-Risk Zones
Authors: Laine Anna Charlotta 
Published: June 2023

Abstract
Roadside shrines are an ubiquitous feature of urban Indian streetscapes. Literature has focused on the contentious aspects of these shrines such as their illegal mushrooming on public land or their potentially instrumental role in a Hinduization process. The central objective of this chapter is to contribute towards a more nuanced discourse on roadside shrines. It does so by identifying various actions undertaken by shrine managers that are directed towards cohesion rather than conflict. As illustrative examples, the chapter presents three shrines dedicated to Sai Baba of Shirdi, located in areas of Mumbai where Muslim and Hindu communities live closely side by side. Through the study of these shrines, the chapter discusses three distinct ways in which Hindu roadside shrine managers exhibit religious sensitivity: discourse, discretion, and the organization of public events.
Movement and Place-Making
Authors: Robison Claire C. 
Published: June 2023

Abstract
Mumbai’s cosmopolitanism is reflected in the new forms of religious hybridity that flourish there, including those among conservative revivalist groups. The International Society for Krishna Consciousness (ISKCON), as an organization based on Bengali Vaishnavism but developed in the US, straddles Mumbai’s complex identities. This chapter examines how ISKCON members blend local Hindu traditionalism with their transnational, multi-ethnic membership base to form a distinctively modern community. Drawing on Thomas Tweed, it situates the religious lives of ISKCON members as an ongoing exercise in crossing boundaries and dwelling in new spaces. ISKCON promotes a form of Hindu traditionalism linked to individual choice and strict orthopraxy, often grounded in a rejection of family and caste-based traditions in favour of a highly standardized Vaishnavism. While ISKCON’s Hindu and Jain members reframe their personal religious identities, they also seek to convince their families that this is a more authentic form of their collective religious heritage. Through ethnographic research among monastic and lay devotees, decisions about religious education, conversion, ritual practice, and family practices guide this study of how devotees are developing religious communities that both eschew secular city life and are grounded in the urban and transnational networks at the heart of urban modernity.
A Hole in the Wall
Authors: Elison William 
Published: June 2023

Abstract
This chapter discusses the work of Arun Kolatkar (1934–2004), a leading figure in the modernist group known loosely as the Bombay Poets. Born into a Brahmin family, Kolatkar wrote in both English and Marathi about both Mumbai and rural Maharashtra. His poetry moves beyond the conventional dichotomy of Mumbai as modern and the Maharashtrian deshi as traditional and sacred. Rather, this chapter argues, in seeking to penetrate façades—whether literal, as with walls of urban masonry, or figurative, as with the façade of piety assumed by temple priests—Kolatkar deploys insights about illusion and authenticity that seem irreverent but are ultimately rooted in Hindu thought. Revisiting the critiques that greeted the poet in his day of urban elitism and alienation, the argument moves on to engage current debate around Kolatkar’s complex positionality—at once bilingual, postcolonial, and spiritual.
History and Human Finitude
Authors: Sedgwick Sally 
Published: June 2023

Abstract
This chapter compares the Kantian and Hegelian approaches to world history in order to identify some distinctively non-Kantian features of Hegel’s conception of freedom and its laws. Kant insists upon the a priori status of his idea of the purposive development of world history; his idea, he tells us, is a product of pure reason. Kant’s philosophy of history is at the same time deeply attentive to the reality of human finitude, that is, to the limits that constrain us in our efforts to know and act. The author argues that Hegel’s appreciation of the extent of our finitude goes a step further, and that this can be explained with reference to the way in which he discovers finitude in human reason itself.
Thought’s Temporality
Authors: Sedgwick Sally 
Published: June 2023

Abstract
In this chapter, the author considers the centrality of temporality not just for Hegel’s philosophy of Spirit but for his overall system. The author argues that it is not just Spirit that for Hegel is indebted for its content to the temporally ordered comings and goings of this actual world; this is the case for all our thought as well. The central argument is that unless we grant the respect in which human thought is for Hegel temporally conditioned, we are at a loss to explain: (i) his view of freedom as anchored in nature but also transformative; (ii) his commitment to the assumption that we indeed can know the ways of fate or providence; and (iii) his insistence upon the “actuality” of what is “rational”.