bluuebunny/crossref_metadata_2025_split huggingface dataset:
Legitimate Expectations and the Rule of Law in International Investment Law
Authors: Henckels Caroline 
Published: February 2023

Abstract
The rule of law is one of the yardsticks by which both critics of and apologists for international investment law evaluate the regime, but it has been thus far insufficiently theorized. This chapter offers some thoughts on how the concept of the rule of law might be deployed to justify and delimit the contours of legitimate expectations in international investment law. The chapter deliberately adopts a formal, largely Razian approach to the rule of law, focusing on two of its dimensions: legal certainty and the prohibition on arbitrariness. It argues that legal certainty provides the most compelling justification for the recognition of legitimate expectations in international investment law, when compared to other rationales emerging from investment tribunals and the literature. The chapter analyses four common types of government action arising in investment cases through the lens of legal certainty, arguing that the strength of the claim for recognition of legitimate expectations depends on the government conduct at issue, with government interference with legal rights or formal decisions generating the strongest claim for protection, and changes to the extant legal framework generating the weakest claim. The chapter then identifies the prohibition on arbitrary conduct as the relevant touchstone for protection of legitimate expectations, explains how the two elements of the legal test fit together, and suggests that this interpretation accords with evolving State practice in treaty design, and more recent tribunal decisions concerning legitimate expectations.
Two Moralities of Consistency
Authors: Arato Julian 
Published: February 2023

Abstract
A core tenet of the claim that international investment law promotes the rule of law is that it enhances legal certainty for foreign investors. The idea is that investment treaties function as credible commitments, which lessen the risk of arbitrary, discriminatory, or unfair State action, and enhance the predictability of the legal framework applicable to foreign investment. However, it turns out that the investment treaty regime itself suffers from systemic inconsistency—as interpreted across hundreds of published arbitral awards. The question is whether this regime thus recreates the same rule-of-law problems it purports to solve. While the extent of inconsistency in investor-State dispute settlement is glaring, this chapter argues against analysing the uncomfortable relationship between investment treaties and legal certainty in zero-sum terms. Consistency is one rule-of-law value among many (eg fidelity, flexibility, responsiveness). It is one which cannot be secured absolutely and should not be pursued at all costs. Drawing on the work of Lon Fuller, this chapter seeks to distinguish between tolerable consistency deficiencies in investment treaty arbitration, and more structural inconsistencies that are inimical to the rule of law. It identifies particular rule-of-law failures of the latter sort in the wide-ranging arbitral inconsistency in the interpretation and application of key secondary rules governing applicable law, norm conflict, attribution, and interpretation.
Responsive Judicial Review
Authors: Dixon Rosalind 
Published: February 2023

Abstract
Democratic dysfunction can arise in both “at risk“ and well-functioning constitutional systems. It can threaten a system’s responsiveness to both minority rights claims and majoritarian constitutional understandings. This book aims to counter this dysfunction by arguing that courts should adopt a sufficiently “dialogic“ approach to countering relevant democratic blockages and look for ways to increase the actual and perceived legitimacy of their decisions through careful choices about their framing, and the timing and selection of cases. By orienting judicial choices about constitutional construction toward promoting democratic responsiveness, or toward countering forms of democratic monopoly, blind spots, and burdens of inertia, judicial review helps safeguard a constitutional system’s responsiveness to democratic majority understandings. The idea of “responsive“ judicial review encourages courts to engage with their own distinct institutional position, and potentially limits on their own capacity and legitimacy. Dixon explores ways this translates into the embracing of a “weakened“ approach to judicial finality, compared to the traditional US-model of judicial supremacy, as well as a nuanced approach to the making of judicial implications, a “calibrated“ approach to judicial scrutiny or judgments about proportionality, and an embrace of “weak–strong“ rather than wholly weak or strong judicial remedies. Not all courts will be well-placed to engage in review of this kind, or successful at doing so. For responsive judicial review to succeed, it must be sensitive to context-specific limitations of this kind. Nevertheless, the idea of responsive judicial review is explicitly normative and aspirational: it aims to provide a blueprint for how courts should think about the practice of judicial review as they strive to promote and protect democratic constitutional values.
Fashioning the Future in Roman Greece
Authors: Strazdins Estelle 
Published: February 2023

AbstractThis book uses literature, inscriptions, art, and monuments to explore the relationship of elite Greeks in the Roman empire to time. It challenges conventional thinking on the temporality of the so-called ‘Second Sophistic’ to argue that, rather than being obsessed above all with the Classical past, imperial Greek culture used the past to position itself within tradition as a way of addressing the future. At the same time, the book demonstrates the importance of taking an interdisciplinary approach to the elite culture of Roman Greece, since authors were often also responsible for monumental interventions in physical landscapes and cityscapes. The author shows how these two modes of cultural production in the hands of elites, such as Herodes Attikos, Arrian, Aelius Aristeides, Lucian, Dio Chrysostom, Polemon, Pausanias, and Philostratos, exhibit a shared rhetoric oriented towards posterity and informed by a heightened awareness of the fragility of cultural and personal memory over large spans of time. The book thus analyses the tensions, anxieties, and opportunities that attend the fashioning of commemorative strategies against the background of the ‘Second Sophistic’ and the Roman empire. This exploration provides new insights into our understanding of the cultural and political concerns of elite imperial Greeks.
Commemoration Embodied
Authors: Strazdins Estelle 
Published: February 2023

AbstractChapter 5 homes in on the honorific statue and examines the attitudes of Greeks in the Roman empire to its commemorative capacity. Expressly designed as a commemorative artefact and embedded within civic social praxis, a statue should be a desirable honour. This chapter argues, however, that imperial Greek literature and aspects of how statues are deployed in reality instead cast honorific statues as deficient honours and ultimately unsuitable for personal commemorative ambition. The chapter begins by establishing the place of statue honours in the Roman empire and their perceived commemorative limitations. It then turns to examine several literary and material strategies employed by imperial Greeks that are designed to counter these disadvantages. Topics covered in detail include how statue programmes on monuments are used to amplify commemorative claims; how texts are used to create tailored, imaginary, and inviolable spaces of honour for individual statues; how the replication of private portrait types can extend a carefully crafted reputation to a broader audience; and how literature can remove the limitations of the honorific statue by animating it and instilling personality. Herodes Attikos again forms the focus of material discussion, but the texts are drawn from a much broader field, including Favorinus, Apuleius, Aelius Aristeides, Polemon, Philostratos, Arrian, and Dio Chrysostom.
The King of Athens
Authors: Strazdins Estelle 
Published: February 2023

AbstractChapter 6 explores the contemporary and near-contemporary reception of Herodes Attikos in the literary record. In particular, it examines his most robust literary portrait in Philostratos’ Lives of the Sophists and its collision with both his material footprint and the portrayal of other authors, including Fronto, Aulus Gellius, Pausanias, and Lucian. It argues that Philostratos uses rhetorical stock characters (the tyrant, king, hero, and philosopher) to draw out the complexities and discordances in Herodes’ character and to create a remarkably ambivalent depiction of the role of the ‘Second Sophistic’ in the contemporary Roman empire. Herodes is in sharpest relief when he is juxtaposed to Roman emperors. In these circumstances he comes to resemble Athens’ legendary king, Theseus. The chapter shows that Philostratos creates two versions of both Athens and Herodes: the anachronistic and unreal sophistic city in which Herodes is the ‘king of words’ and rules with a generous democratic nature, and the Roman provincial city in which he is an ambiguous mix of hero and tyrant, who never fulfils his kingly potential. The two ultimately incompatible paradigms offer competing visions of a utopic fantasy and a difficult reality. Philostratos’ shaping of Herodes as a failed political force in the empire reveals that the commemorative anxieties identified in previous chapters as characteristic of imperial Greek cultural output were very real and valid concerns.
The Background
Authors: Jeff HHJ , Reed Darren 
Published: February 2023

Abstract
A short historical summary of the Court Martial and its development to set the modern Service Justice System in context. Each Service had a separate system until they were combined into a single system of Service Law by the Armed Forces Act 2006. The chapter explains why a separate system of Service Law is necessary and provides the rationale accepted by the UK Government before providing an overview of the current system.
Arrest, Custody, Investigation, Legal Aid, and Miscellaneous Orders
Authors: Jeff HHJ , Reed Darren 
Published: February 2023

Abstract
This chapter deals with all matters related to bringing accused persons to trial. It covers arrest, stop and search, the legal basis for entry into private property; search and seizure; and custody. It includes investigation of offences and charging and legal aid provided to accused persons. Finally, the chapter reviews all miscellaneous orders, notably restraining orders and orders relating to civilians subject to Service discipline
Commanding Officer’s Investigation and Summary Hearing
Authors: Jeff HHJ , Reed Darren 
Published: February 2023

Abstract
Over 90 per cent of persons who are alleged to have committed offences in the Service Justice System are dealt with summarily by their commanding officers. This chapter explains the personalities in the summary system, the investigation, charging, and mode of trial. It has a step-by-step guide to summary hearings, the powers of punishment of commanding officers and the post-trial review system.
The Court Martial
Authors: Jeff HHJ , Reed Darren 
Published: February 2023

Abstract
This chapter is the central part of the book and is a comprehensive analysis of the Court Martial. It describes the functions of the main players, the process for bringing accused persons to trial, preliminary proceedings, and the trial itself. Importantly for the newcomer to the Service Justice System it includes a step-by-step guide to the order of procedure in the Court Martial. It also describes other proceedings: sentencing, variation (slip rule), appellate, activation, and ancillary.
The Effect of the European Convention on Human Rights on the Services Justice System
Authors: Jeff HHJ , Reed Darren 
Published: February 2023

Abstract
This chapter has not changed from the 3rd edition because there have been no significant challenges to the Service Justice System since 2003. It charts the history of human rights challenges to the Court Martial with abstracts from the important cases. The most significant case which led to wholesale changes was Findlay v UK and the last, which determined that the Court Martial was compliant with Article 6 ECHR, was Cooper v UK. Both of these cases, together with many others, provide a comprehensive description and analysis of the human rights challenges and UK government’s reactions to those challenges.
Organizations as Wrongdoers
Authors: Collins Stephanie 
Published: February 2023

Abstract
Organizations do moral wrong. States pursue unjust wars, businesses avoid tax, charities misdirect funds. Our social, political, and legal responses require guidance. We need to know what we’re responding to and how we should respond to it. We need a metaphysical and moral theory of wrongful organizations. This book provides a new such theory, paying particular attention to questions that have been underexplored in existing debates. These questions include: where are organizations located as material objects in the natural world? What’s the metaphysical relation between organizations and their members? Can organizations be blameworthy for attitudes and character traits, as well as for actions? What about feelings of guilt, remorse, and shame—can organizations feel these emotions and why does this matter? How and why are members implicated in organizations’ wrongs? How should organizations’ reparative costs be apportioned among members? The book answers these questions. It argues that organizations are material objects with humans as material parts—much like how a pizza is a material object with slices as material parts. This picture helps us make sense of organizations’ blameworthiness, including blame for organization-level actions, attitudes, and character traits. The book argues that organizations can experience moral self-awareness—a crucial component of guilt, remorse, and shame. Members can be implicated in organizations’ actions in numerous ways—and, it is argued, members’ level of implication should determine their share of organizations’ reparative burdens.
Organizations’ Moral Self-Awareness
Authors: Collins Stephanie 
Published: February 2023

Abstract
This chapter raises a problem for organizations’ blameworthiness: organizations’ agency is analogous to the agency of complex machines, yet complex machines are not blameworthy. If we are to vindicate holding organizations blameworthy, we need a principle that can separate organizations’ blameworthiness from machines’ (lack of) blameworthiness. The chapter proposes such a principle: entities that are blameworthy must be capable of ‘moral self-awareness’. The challenge for organizations’ blameworthiness, then, is to explain how organizations have the capacity for moral self-awareness. The chapter considers and rejects two possible explanations, before proposing that an organization has a capacity for moral self-awareness just in case at least one member has the capacity for moral self-awareness while performing their role in the organization and adopting the organization’s rational point-of-view. The surprising upshot is that organizations have phenomenology, under certain conditions.
The Monarchy and Archival Searches
Authors: Oldfield Paul 
Published: February 2023

Abstract
This chapter offers an exploration of other modes of recording historical memory beyond traditional historical writing. It examines, via the production of documentation, how individuals and communities interacted with their past in reaction to the presence of the monarchy. Archives were searched and documents (re-)discovered, created, and presented to central authorities. Sometimes these searches were in response to crises (linked to periods of significant unrest, such as the 1130s and the period from c.1189 to c.1220), sometimes connected to continuing local disputes, and sometimes as proactive strategies to protect status or to respond to royal/imperial requests to present documentation about historic grants, rights, and revenues. As part of this, the monarchy’s programmes of documentary recall in the 1220s and 1230s (via the Assizes of Capua and Constitutions of Melfi, respectively) and knowledge acquisition are closely examined. This programme asked individuals and communities to present documentation produced since 1189 for royal/imperial revalidation and thus demonstrates the continued interaction of local communities with numerous interweaving histories recovered or created from personal and institutional archives.
The Papacy
Authors: Oldfield Paul 
Published: February 2023

Abstract
This chapter looks beyond the borders of the kingdom and analyses the role played by the papacy in the recovery of the past. The rising status of papal authority also engendered a concomitant valorization of papal privileges, and the memory of their issuing could function as key moments mapping important coordinates in a community’s past. For similar reasons, communities also increasingly appealed for papal intervention in dispute resolution, and this process often required the summarizing of various historic stages in that dispute. It primarily explores the role of the papacy in relation to certain Pugliese religious communities (for example, at Brindisi, Gargano, Siponto, Trani), but also tracks how this extended to include the lay community as well (for example, at Foggia and Troia).
Inward and Outward Atheism
Authors: Holden Thomas 
Published: February 2023

Abstract
Hobbes regards inward atheism—that is, a failure to believe in the existence of God—as a failure of right reason. However, in other respects he is surprisingly non-judgmental about it, and advances arguments that place this sort of inward unbelief beyond the reach of moral assessment, natural law, divine positive law, and regulation by the civil state. Outward atheism--the failure to offer God worship in outward words and deeds—is a different matter, and is properly persecuted by the civil sovereign. In the final section of the chapter, I survey the evidence regarding Hobbes’s view of how common inward atheism actually is, and consider his place in the seventeenth-century debate over the putative common consent of humanity in the existence of God.
Argument structure
Authors: Heine Bernd 
Published: February 2023

AbstractThe chapter is concerned, on the one hand, with the meaning of interactives. It is argued that interactives have both an expressive and a descriptive meaning component, that they are depictions rather than descriptions, and that they show a number of similarities to gestures. Like gestures, interactives are accessed immediately from the situation of discourse. On the other hand, it is demonstrated that interactives exhibit a discourse valence structure akin to that of sentence grammar, distinguishing two main arguments having a deictic foundation. These arguments highlight the central role played by the speaker (S) and the hearer (H) as the main protagonists of discourse processing. In addition, a third argument is distinguished, called the theme (T), which relates interactive expressions to the surrounding text.
Enlightenment Science
Authors: Golinski Jan 
Published: February 2023

Abstract
This chapter charts the development of scientific practices and ideas during the eighteenth-century Enlightenment. It looks at the increasingly important place of scientific knowledge in the growing public sphere—in print, through different kinds of public performance, and in new kinds of scientific institutions—and the increasing importance and contentiousness of scientific ideas and debates in political and religious contexts. It examines the different ways in which eighteenth-century thinkers positioned themselves and their work in relation to Newtonianism and the growing interest in new electrical, magnetic, and other phenomena. It charts the growth of natural history, fuelled by voyages of exploration.
The Burden of Inherited Aspirations
Authors: Karki Shrochis 
Published: February 2023

Abstract
This chapter presents an inter-generational analysis of education experiences to examine the evolution of people’s aspirations and expectations over time. Education’s role as a tool for differentiation in the past has directly fuelled people’s current aspirations from education as a vehicle for upward mobility. As a result, formal schooling has now become a dominant part of children’s lives. Based on ethnographic fieldwork in a village and a public school on the outskirts of Lalitpur, I establish the role of education as a positional good, where even a few years of schooling have differentiated some people from the rest of the village at the time. Education experiences from the past few decades then affect current decisions about pursuing schooling. The empirical evidence provided in this chapter illustrates people’s aspirations from education and how they have evolved over time, its value as a social and a positional good, and the significant difficulties poor and disadvantaged people face in their pursuit of education.
Drawing Out Migration
Authors: Burack Sarah , Childs Geoff , Quinn Elizabeth A. , Sangmo Jhangchuk , Hunleth Jean 
Published: February 2023

Abstract
This chapter documents the rural to urban migration experiences of children and adolescents from Nubri, a culturally and linguistically Tibetan enclave in the highlands in Nepal, to boarding schools in Kathmandu. The authors explore three themes through the students’ own drawings and explanations: (1) difficulties encountered when moving out of the village and into boarding schools, including separation from parents and cultural and linguistic adjustments, (2) the formation of new kin-like relationships in the institutional setting, and (3) a vision of futures rooted in professional achievement that contrasts sharply with parents’ agropastoral lifestyles, and that involve aspirations of becoming agents for development in their natal communities. The chapter contributes to educational studies in Nepal and South Asia by providing new insights into how children perceive their participation in a migration phenomenon that is driven by structural inequalities, and by exploring how education with its embedded development discourses transforms the ways youths from rural areas imagine their opportunities, social relations, and natal communities.
Locating Multilingual Education in Nepal
Authors: Weinberg Miranda 
Published: February 2023

Abstract
While Nepal’s schools for many years attempted to homogenize the population through adherence to a single way of being Nepali citizens, recent years have seen official recognition and even support for the diversity of Nepal’s populace. Policies supporting multilingual education using students’ ‘mother tongues’ is one such attempt. Fulfilling the constitutional right to education in the mother tongue is a challenge, not only due to practical challenges and ideological opposition but also because language shift towards using more dominant languages, such as Nepali, in the home means that many children today do not learn minority languages before arriving in school. In the case of the Dhimal community in the southeastern plains of Nepal, the small number of children who acquire the Dhimal language as young children has posed a challenge for introducing Dhimal language classes in schools. In this chapter, which draws from 13 months of ethnographic fieldwork, I investigate discursive connections drawn between the Dhimal language and the location of the community. In some cases, activists employed the connection of the language to the place, rather than the needs of students, as an argument for teaching Dhimal in school. In Dhimal language classes, though, textbooks and teachers located the Dhimal language in the Nepali nation, rather than emphasizing the place where Dhimal is most often spoken. This investigation of multilingual education and location illustrates some of the myriad tensions and challenges involved in developing inclusive, multilingual schooling.