bluuebunny/crossref_metadata_2025_split huggingface dataset:
The great appropriation
Authors: Duke-Evans Jonathan 
Published: December 2022

Abstract
The gentlemen who promulgated the first written rules of cricket, boxing, and football did not invent these games: they appropriated them from the common people who had long played them. Elaborate codes of fair play were involved in wrestling and in particular in Cornish hurling. Cricket became the quintessential game of fair play, owing largely to its being a relatively non-violent team sport. By the 1760s aristocrats were playing on all but equal terms with the men of Hambledon. Amateurs and professionals played together in first-class cricket, but the professionals were kept firmly in their place. The ostentatious fair play often associated with cricket seems to have been the legacy of the amateurs, while the professionals were happy to play to the umpire’s decision. Boxing developed from a popular tradition of fighting which had its own strong traditions of fair play. The importance of the Queensberry Rules in this civilising process can be overstated. Football too was a popular sport long before it was taken up in the public schools, played robustly but according to traditional rules. The need of public-school men for a common code was the main incentive for the creation of written rules for football defining fair play. In England there had for centuries been a tradition of fair play embodied in popular games, and relatively low status barriers which allowed members of the upper classes to appropriate these games, each of them finding its own path when negotiating the difficult question of amateurism against professionalism.
The expanding circle
Authors: Duke-Evans Jonathan 
Published: December 2022

Abstract
Only from the 18th century was the idea of fair play applied to the duties of decency which powerful people owed to others, an aspect of the humanitarian revolution, the revulsion against cruelty which became the guiding principle of the Enlightenment. Sociobiological theory helps explain how empathy can spread outwards from kin to all compatriots, and ultimately all humankind. From the later 18th century people recognised the need to show fair play to the poor, and in the 19th workers themselves began to demand it. The establishment of democracy and the secret ballot in the 19th and early 20th centuries were part of this process. Enlightenment reformers used the language of fair play from the late 18th century in calling for justice between the sexes; even before then, however, early feminists had appealed implicitly to the sense of fair play when detailing the injustices suffered by women. The campaigners who eventually achieved equal voting rights for women stood squarely in this tradition. From the 19th century, too, fair play was invoked by British writers on behalf of the Irish, European peoples struggling for self-determination, and the non-white peoples of the Empire. Britons were slow to realise the incompatibility of slavery with their cult of fair play, but voices from the Empire took up and applied the tradition to their own circumstances to devastating effect. The demand for fair play was an important element in the changes which took place in all these unequal relationships in the 19th and 20th centuries.
The wider world
Authors: Duke-Evans Jonathan 
Published: December 2022

Abstract
The claim that a regard for fair play is a distinctive trait in British culture needs to be backed up as far as possible with evidence on how far similar features can be found in comparable societies. Many British writers claimed that the French had little or no conception of fair play. French sympathy with the underdog has often been noted, but that on its own does not equate to a tradition of fair play, which may well have been inhibited by the very strong social and legal barriers between the aristocracy and the non-noble classes. In Germany Realpolitik was a conscious rejection of any fair play in international relations. We find relatively little interest in fair play in Spain, home of the picaresque novel, in Italy, where Machiavelli’s influence has been baleful, or in Russia, despite the sympathy of many of its writers with the cause of the downtrodden. The United States of course shares much of its cultural heritage with Britain, and the Americans, like the British, consider themselves exponents of fair play, without necessarily putting it at the centre of their pantheon of values, where self-reliance and entrepreneurialism are far more prominent than in the United Kingdom. There has been a tendency to see the Japanese bushido code as being akin to chivalry, but the elements they have in common have been overemphasised. More study is needed, but these conclusions do appear to support the view that the place of fair play in British culture was unique.
Introduction
Authors: Holm Isak Winkel 
Published: December 2022

Abstract
The Introduction presents the central concept of prophetic noir as it is evoked in the description of Abraham’s three-day journey to Mount Moriah in Fear and Trembling. According to the pseudonymous author Johannes de silentio, the father of faith has ‘sorrow before him’ while approaching the locus of the future sacrifice. Kierkegaard’s approach to mood in general—anxiety, irony, boredom, indolence, melancholy, and earnestness, among others—is contrasted with Hegel’s concept of mood, the conceptual background for Kierkegaard’s affect theory. The chapter locates Kierkegaard’s recurring notion of a miraculous strength of soul in the face of the coming disaster—his ‘noir optimism’—in a discussion of Jonathan Lear’s concept of ‘radical hope’ and Lauren Berlant’s concept of ‘cruel optimism’.
Not Just a Future Language
Authors: Holm Isak Winkel 
Published: December 2022

Abstract
Chapter 2 homes in on the mood of prophetic noir, a specific pattern of affective response first established by the Hebrew prophets. Drawing on contemporary Biblical exegesis and the essay ‘Prophetic Speech’ by Maurice Blanchot (1955), the chapter explores the sombre mood in the prophetic books of the Hebrew Bible. The chapter’s main hypothesis is that prophetic noir raises a question of normative force rather than normative content. At stake is the capacity of ethical ideals to apply themselves to the given world. The link between noir affect and normative force is illustrated in a brief analysis of the HBO crime series True Detective.
Aesthetic Testimony
Authors: Robson Jon 
Published: December 2022

Abstract
Aesthetic judgements formed on the basis of testimony are commonly held to be defective, illegitimate, or otherwise problematic. This first book-length treatment of the debate surrounding aesthetic testimony argues for the surprising conclusion that this widespread view is mistaken. Aesthetic testimony is in no way inferior as a source of judgement when compared to either first-hand aesthetic judgement, or testimony concerning non-aesthetic matters. Alongside establishing this position (an extreme form of ‘optimism concerning aesthetic testimony’) this work also responds to the most prominent arguments for the opposing view (‘pessimism concerning aesthetic testimony’). Along the way, it also re-examines our understanding of the norms which govern both judgement and assertion in aesthetics.
Optimism and Pessimism
Authors: Robson Jon 
Published: December 2022

Abstract
The main purpose of this chapter is to get clear on precisely what claim the pessimist is making (and the optimist denying) with respect to aesthetic testimony. After clarifying some key aspects of the pessimist’s claim, it goes on to distinguish between two competing contemporary versions of pessimism. The first, unavailability pessimism, claims that we cannot achieve aesthetic knowledge on the basis of testimony. The second, unusability pessimism, allows that aesthetic judgements formed on the basis of testimony can sometimes attain the status of knowledge but maintains that there is some additional (non-epistemic) norm which still renders such judgements illegitimate. Finally, it introduces some details of my own preferred optimistic view.
Constitutive Pessimism
Authors: Robson Jon 
Published: December 2022

Abstract
This chapter focuses on some prominent defences of pessimism which take this view to be entailed by the very nature of aesthetic judgement, with the result that it is impossible (rather than impermissible) to form aesthetic judgements on the basis of testimony. In particular, it focuses in detail on attempts to motivate this ‘constitutive pessimists’ view by appeal to expressivist accounts of the nature of aesthetic judgement as well as to accounts which link such judgements very closely to some form of appreciation. It is argued that each of these defences either proves unconvincing or else renders the constitutive pessimist’s view (virtually) trivial. The chapter concludes, then, that we must look beyond constitutive motivations if we are going to find a compelling reason to endorse pessimism.
Pessimism and the Appeal to Cases
Authors: Robson Jon 
Published: December 2022

Abstract
This chapter focuses on a common motivation for pessimism which comes via an appeal to intuitions concerning various cases. The pessimist will describe some situation where they claim that (i) an individual forms an aesthetic judgement on the basis of testimony, (ii) the standard conditions for testimonial knowledge (in non-aesthetic cases) are met, and (iii) the individual’s aesthetic judgement is intuitively illegitimate. This chapter offers two lines of argument against using such appeals to motivate pessimism. First, it briefly highlights some reasons for being sceptical as to whether these ‘pessimistic intuitions’ really carry much epistemic weight. Second, it argues that (even granting the force of these intuitions) it is possible to construct an optimistic view which can incorporate many of these intuitions. In order to demonstrate this, the majority of the chapter is spent outlining an account of this kind (one which draws on some insights from contextualist theories in epistemology).
Optimism and the Appeal to Cases
Authors: Robson Jon 
Published: December 2022

Abstract
This chapter argues that a large portion of the apparent intuitive appeal of pessimism comes from a tendency to focus on a very narrow range of cases, and that consideration of a wider range of cases quickly unearths a great deal of intuitive support for optimism. This chapter considers a wider range of intuitions about certain kinds of aesthetic judgement (such as those concerning lost works) as well as appeals to various aspects of our aesthetic practice which are best explained by an appeal to optimism. It then moves on to ask which view of the epistemology of aesthetic testimony is best able to account for the full range of cases. It concludes that standard versions of optimism fare better here than either unavailability or unusability versions of pessimism, but that even these perform less well than my own preferred optimistic view.
Introduction
Authors: Conley Bridget , de Waal Alex , Murdoch Catriona , Jordash Wayne 
Published: December 2022

Abstract
In this chapter, the editors of this volume present the case for why it is important to advance understanding of the available legal tools to address starvation. They argue that despite having international laws on the book that were drafted to address such acts that cause mass starvation, there has to date been little effort to expose and prosecute the crimes. However, the law can and should be applied to starvation crimes. Recent experience indicates both the widespread recognition that the law needs to be strengthened and applied more firmly and that the political obstacles to doing so are formidable. The chapter provides an overview of the key concepts, questions, and cases addressed throughout the book, arguing that the international community requires a taxonomy for the acts that constitute starvation and a will to respond to these acts as prosecutable crimes. The time is ripe, they argue, to consider these issues, especially given recent indicators of momentum in international practices and laws, and new threats of mass starvation. The authors further introduce the volume’s fifteen chapters, and suggest ways in which policy and politics should be developed.
What is Starvation?
Authors: Conley Bridget , de Waal Alex 
Published: December 2022

Abstract
This chapter presents the historical and conceptual framework for ‘starvation’ that informs this volume. Contextualizing mass starvation within famine definitions, the authors argue that the term ‘starvation’ captures a key element often missed in ‘famine’. ‘Starvation’ is a process of deprivation that occurs when actors impede the capacity of targeted persons to access the means of sustaining life, during which pre-existing vulnerabilities interact with policies that create starvation conditions. The term ‘starvation crimes’ is presented as a means to capture the way various legal regimes already criminalize an array of acts and omissions that move populations from conditions of need to life-threatening catastrophe. The authors detail how starvation has been used to by various military and political actors to achieve strategic and tactical goals, illustrating them with historical examples from the nineteenth century until today, ranging across every continent.
‘The Right to Food in Armed Conflict’
Authors: Hutter Simone 
Published: December 2022

Abstract
This chapter presents guidance on the right to food as pertains to states’ obligations, as opposed to individual criminal responsibility articulated in ICL and IHL. It elaborates on how the framework of human rights law includes provisions to prevent starvation in armed conflicts. With a focus on the right to food, the chapter scrutinizes the human rights-based obligations to respect, protect, and fulfil, which impose clear duties on states with respect to famines. It discusses the importance of the right to food in times of armed conflict and dissociates its concepts from the distinct concepts of IHL, the Sustainable Developments Goals, and ICL. It highlights the advantages of the broad scope of the right to food and its ‘progressive realization’ which provides a long-term perspective and aims at an adequate standard of food. In addition, the essential function of the right to food in conflict prevention is emphasized, as human rights already apply before the outbreak of an armed conflict. The right to food is not only indivisibly linked to the survival of populations but also to the inherent dignity of individuals. Access to food, water, and other indispensable objects is a precondition for the fulfilment of other human rights. Finally, this chapter presents the procedural advantages to the complementary application of IHRL and IHL and reviews what avenues for accountability flow specifically from IHRL violations.
Sanctions as a Mechanism for Accountability for Starvation Crimes
Authors: Spatz Benjamin J. , Windridge Oliver , Murdoch Catriona 
Published: December 2022

Abstract
This chapter addresses sanctions as an accountability mechanism for starvation crimes. The sole mechanism referenced in UN Resolution 2417 is sanctions, specifically targeted against individuals and entities that obstruct humanitarian assistance. This reflects the contemporary preference for targeted sanctions, which differ markedly in their design and outcomes from national-level sanctions and are designed to avoid negative humanitarian consequences. The chapter examines the evolution of sanctions regimes at the UN, including mandated investigative and reporting functions, and by the European Union, United States, United Kingdom, and Canada, and their potential use in the case of starvation crimes, with goals that may include exposing and punishing perpetrators, bringing pressure to bear to end such violations, and as a step towards other forms of accountability such as prosecutions
Fire
Authors: Lal Rattan 
Published: December 2022

Abstract
Jagarnath comes to visit the family of Nandlal and his wife Shobavati in the refugee camp at Jammu. There is Nand Lal’s son Chand and the latter’s wife Chuni, and their daughter Daali. Their room is cramped for space. Their son Lal Ji has disappeared. Jagarnath tells them that an acquaintance of his has seen Lal Ji in Kashmir. But this seems to be a piece of fake news. The actual intention of Jagarnath is to prompt the refugee family to sell their house in Kashmir. This intention of Jagarnath psychologically disturbs the refugee family.
Air
Authors: Lal Rattan 
Published: December 2022

Abstract
Omkar Nath is living in Jammu as a refugee. When the story begins, he is returning from Kashmir to Jammu in a bus. The trip of his group to Kashmir was organized by an independent organization from Kolkata. In Kashmir, they were taken to various tourist spots. He also meets his friend Assadullah in the Assembly of people. Assadullah asks him to come to his home and meet his family members. Omkar refuses and promises to come next year. The word ‘home’ resonates in his mind. He returns to Jammu and is lost in thoughts. The incidents like ‘civil curfew’ and announcements from mosque loudspeakers, around the time of his migration, haunt him.
Water
Authors: Lal Rattan 
Published: December 2022

Abstract
Kishan Lal and his wife Duura return to Kashmir after ten years. They have come to meet Rasheed’s daughter Tasleema. Tasleema is mentally distraught ever since her brother Rafiq got killed with a bullet. Rasheed takes them towards Dal and tells the story of Rafiq’s tragic death. He asks them to stay back in Kashmir, if only for the sake of Tasleema. The couple is caught on the horns of a dilemma, not knowing whether to stay in Kashmir or leave for Jammu.
Environmental Law and Policy in India
Authors: Divan Shyam , Rosencranz Armin 
Published: December 2022

Abstract
This book studies environmental law and policy in India, which affects all sections of society. Those most deeply affected by it are the poor. They are the first victims of poor sanitation, polluted air, and contaminated water. Since the 1970s, efforts to protect environmental quality have met with limited success, posing enduring challenges for policy designers and decision-makers entrusted with protecting and preserving natural resources. This third edition retains the familiar analytical structure of the second edition and includes all major developments since then. It focuses on Indian environmental law, policy, problems, and needs. The book covers air and water pollution, forests, wildlife, noise pollution, common property resources and tribal communities, environmental impact assessment, coastal regulations, large projects, urban problems, the National Green Tribunal, hazardous substances, transnational environmental policies, and international environment law. In addition, It identifies and analyses emerging conflicts in Indian environmental jurisprudence with a focus on environmental justice.
National Green Tribunal
Authors: Divan Shyam , Rosencranz Armin 
Published: December 2022

Abstract
This chapter evaluates the National Green Tribunal (NGT), which is the primary environmental dispute resolution forum in India. Potentially, the NGT can develop into a world class institution which improves environmental law enforcement and the quality of the environment enjoyed by citizens. The provisions of the National Green Tribunal Act of 2010 create a Tribunal with immense jurisdiction that can wield this power to great effect to meet the daunting challenges. However, several factors — political, administrative, budgetary, and personality-related — impinge upon the growth of this forum into a dynamic agent of change. Nevertheless, with the necessary vision and leadership, the NGT could emerge as a forceful adjudicator that uses the cases before it to enhance ‘green governance’. The chapter then looks at the constitution and jurisdiction of the NGT; the changes brought about by the Finance Act of 2017; the suo motu jurisdiction and judicial review; and illustrative decisions by the NGT.
Public Interest Litigation
Authors: Divan Shyam , Rosencranz Armin 
Published: December 2022

Abstract
This chapter assesses Public Interest Litigation (PIL), which has played, and continues to play, a crucial role in the development of environmental law in India. Indeed, public discourse on the environment began in the 1980s when the Supreme Court responded to a series of PILs concerning river and air pollution. The constitutional courts have since used PILs to shine a harsh light on neglected environmental problems. They have worked to improve environmental governance, enhance the quality of the environment and protect forests and wildlife. Where legislative gaps persisted, PILs have even been used to nudge in place regulation. All this is in addition to the usual business of courts laying down legal principles applicable to environmental law. The chapter explains how public interest litigations differ from traditional cases and critiques this branch of judicial business. It also examines the right to access information as a facet of procedural environmental rights.
Air Pollution Control
Authors: Divan Shyam , Rosencranz Armin 
Published: December 2022

Abstract
This chapter describes air pollution control in India. It covers issues that impair the quality of the air we breathe — dust, vehicular emissions, industrial pollution, and fireworks during the Diwali festival. The Air (Prevention and Control of Pollution) Act of 1981 was enacted by invoking the Central Government’s power under Article 253 to make laws implementing decisions taken at international conferences. Although a central statute, executive functions under the Air Act are carried out in the states by state pollution control boards. Procedurally, the Air Act follows the basic structure of the Water Act — with a Central board and state boards administering a system of consent orders, monitoring activities, and enforcement through fines and criminal prosecutions. The chapter then looks at Air Act cases, the preservation of the Taj Mahal, and noise pollution.
Wildlife Protection
Authors: Divan Shyam , Rosencranz Armin 
Published: December 2022

Abstract
This chapter studies wildlife protection in India. Wildlife law is about accommodating other species, protecting their habitats and preserving biodiversity. The Indian Forest Act of 1927 included provisions for hunting restrictions in reserved or protected forests and authorized the establishment of sanctuaries. In 1972, India adopted a comprehensive national law, the Wild Life (Protection) Act of 1972, intended solely to protect wildlife. The Wild Life (Protection) Act of 1972 provides the statutory framework for protecting wild animals, plants, and their habitats. The Act adopts a two-pronged conservation strategy: specified endangered species are protected regardless of location, and all species are protected in designated protected areas called national parks, sanctuaries, conservation reserves, or community reserves. The chapter then looks at eco-centrism and the issue of endangered species and poaching.