bluuebunny/crossref_metadata_2025_split huggingface dataset:
Rule of Law and Human Rights in Investment Arbitration—Need for Judicial Reforms
Authors: Petersmann Ernst-Ulrich 
Published: August 2022

Abstract
Chapter 7 discusses the need for reforming investment law and arbitration and the problems which bilateral WTO appellate arbitration could pose for the coherence of world trade law. Like international trade law, the historical evolution of investor–state arbitration reflects conflicting neo-liberal, state capitalist, and ordo-liberal conceptions of economic law. Case studies demonstrate that even if human rights were invoked as investor claims, as defences of the host state, by third-party interveners or by arbitrators ex officio, the impact of human rights law on arbitration awards tended to remain marginal, for example due to the more precise and higher investment protection standards in investment treaties. The investor biases in investment treaties and arbitration (e.g. offering foreign investors higher protection standards than domestic investors) require procedural and substantive reforms like stronger protection of public interest legislation in investment law and arbitration procedures. Yet, it remains doubtful whether the United States and China will give up their past resistance against EU proposals for transforming the multilateral arbitration procedures of the International Center for the Settlement of Investment Disputes and of the UN Commission on International Trade Law (UNCITRAL) into new forms of public law adjudication by multilateral investment courts.
Quirky Quantum Effects
Authors: Speller Susannah 
Published: August 2022

Abstract
In this chapter, the focus is on what is happening to the electrons in a superconductor. As well as exploring why superconductors have zero resistance, the concept of quantum tunnelling is introduced to understand what happens when the supercurrent has to get across narrow regions of non-superconducting material at a Josephson junction. This leads into a discussion on devices like Superconducting Quantum Interference Devices (SQUIDS) and devices for superconducting electronics that rely on Josephson Junctions to work. “Under the Lens” sections look at the superconducting energy gap and the sensitivity of SQUIDS. The Scanning Tunnelling Microscope that uses quantum tunnelling for imaging the surfaces of materials is introduced in the “Wider view” section.
Desistance from Crime and the Potential Role of Restorative Justice
Authors: Shapland Joanna 
Published: August 2022

Abstract
As criminological research becomes more specialised, there is a need to examine whether there might be synthesis between different theoretical traditions. Both lifestyle criminology and restorative justice theory have examined offenders’ potential path towards desistance, or stopping committing crime. Drawing from both the Sheffield Desistance Study and the evaluation of three large-scale restorative justice projects involving adult offenders in England and Wales, the potential theoretical linkages between the experiences of offenders in restorative justice and their progress towards desistance are considered. It is proposed that some forms of restorative justice, involving a future-oriented discussion and conferencing, may serve as a stage or boost towards desistance, both in terms of motivation and addressing practical obstacles to a less offending lifestyle.
Towards a True Social Ecology of Crime
Authors: Wikström Per-Olof H. 
Published: August 2022

Abstract
Tony Bottoms is one of Europe’s leading urban criminologists. The 1976 publication of The Urban Criminal (with John Baldwin), and his subsequent work (and collaborations with Paul Wiles and others), contributed to the revitalisation of the social ecology of crime and brought new and fresh ideas and insights to its study, such as the role of local housing markets and the importance of integrating key insights from classic ecology of crime and the more recent environmental criminology. This chapter deals with a central but largely ignored problem that hampers the development of a true social ecology of crime: the common neglect of considering the role of people (actors) and, crucially, the person–environment interaction in crime causation. From a Situational Action Theory (SAT) perspective, the chapter argues for the advantages of applying a genuine ecological perspective in the study of crime and its causes.
Constructive Sentencing through Custody-Avoiding Sanctions
Authors: Bois-Pedain Antje du 
Published: August 2022

Abstract
In recent years, sentencing innovations that permit courts to impose what one may think of as ‘bespoke’ sentences, which have the future-oriented objective of helping the offender stay away from crime, have received renewed attention from scholars and policy-makers alike. Such sentencing options are often of greatest interest when they can reduce reliance on imprisonment. But that is also where concerns regarding fairness between offenders, public acceptability of sentencing outcomes, and limitations on effective guidance come to the fore. Tony Bottoms has regularly engaged with issues raised by probation, suspended sentences and other community-based disposals, most recently in a journal article analysing the role of the concept of ‘punishment’ in non-custodial sentences. This chapter takes up the twin challenges of providing a coherent penal–theoretical conceptualisation of custody-avoiding sentencing options and integrating these options into a comprehensive theory of criminal punishment capable of underpinning constructive sentencing practices.
The Distributional Politics of Social Transfers in Kenya
Authors: Porisky Alesha 
Published: August 2022

Abstract
This chapter examines the politics of distributing the Cash Transfer for Orphans and Vulnerable Children (CT-OVC); the Older Persons Cash Transfer Programme (OPCT); and the Inua Jamii Pension in four counties in Kenya. The chapter presents two key findings. First, state infrastructural power plays a central role in mediating programme implementation. Where state infrastructural power is high, formal programme guidelines tend to be closely followed. However, where state infrastructural power is low, bureaucrats compensate by relying on local authorities—including administrative chiefs and clan leaders—to assist with programme functions that are outside of their formal roles. Second, there is less political interference in the local distribution of social transfers than the extant literature predicts. Strong formal programme rules and guidelines, combined with significant central oversight over programme implementation, limit local politicians’ influence over distribution.
‘New Normal’, 2001–2019
Authors: Gupta Suman 
Published: August 2022

AbstractThis chapter begins by considering examples of sentences in which the phrase ‘new normal’ was used amidst the Covid-19 outbreak in 2020. It then looks back and tracks the career of the catchphrase from US Vice President Dick Cheney’s reference to a ‘new normalcy’ of security arrangements following the 9/11 terrorist attacks in the USA. In relation to 9/11, the ‘new normal’ also indicated a traumatized environment and a pressured legal field where rule-of-law tenets seemed to be undermined. The different nuances of the catchphrase in business and investment circles, first with the 2002 dot-com crash and then more widely with the 2007–2008 financial crisis and subsequent austerity measures are outlined. The wider purchase of the catchphrase from 2010 onwards is described. Notably, it appeared as a slogan for Chinese economic policy from 2014. Other significant contexts of usage were for flexible-working drives, growing concern about climate change, and exacerbating income inequality.
Policy Catchwords
Authors: Gupta Suman 
Published: August 2022

AbstractThis chapter discusses two policy catchwords which caught on around 2010 and have found renewed currency in 2020. ‘Austerity’ became a catchword in UK political discourse in 2010, when Conservative Prime Minister David Cameron’s government introduced wide-ranging cuts in public spending following the 2007–2008 financial crisis. It was initially reminiscent of post-World War II ‘austerity’ and was immediately received as such. Shortly after that, however, the term moved out of policy circles and was principally used by opponents of austerity policies. This passage of the catchword is traced here with a particular focus on the period 2008–2010. A following section is devoted to ‘resilience’. Emerging from 1980s’ ecological economics, ‘resilience’, alongside ‘sustainability’, also became a policy catchword around 2010, especially within legislative and management circles. It suggested a desirable and measurable quality of institutions and organizations, which could help rationalize investments and financial management. In this chapter, the rationales fronted by the catchword are examined with particular reference to the policies of a key cultural institution in the UK, the Arts Council, for the period 2010–2017.
Conclusion
Authors: Gupta Suman 
Published: August 2022

AbstractHere the theoretical principles which have underpinned this study are set out. A distinctive approach to contemporary history is outlined and a theory of political catchphrases proposed. Three arguments are presented. The first considers what ‘contemporary’ means in contemporary history. Several conceptions of contemporaneity in historicizing are considered. Departing from them, it is suggested that contemporary history is mainly characterized by being engaged from within a prevailing idiom; catchphrases are a particular facet of prevailing and shifting idiomaticity. The second argument concerns the meaning of the ‘political’ in political catchphrases. In this instance, the argument is pursued by examining various dictionaries of political expressions and terms. The erasure of the distinction between political and commercial appears as a noteworthy feature of the present. The third argument elaborates on the catchiness of catchphrases by unpacking how ‘keywords’ work. Here keywords are understood as a device for organizing and searching texts.
Ireland
Authors: Doyle Oran 
Published: August 2022

Abstract
Chapter 4 by Oran Doyle focuses on Ireland, exploring how Brexit has impacted the Republic, and what kind of Member State it has become in the last decade. Ireland is by far the EU Member State most affected by Brexit. At the same time, Brexit has in some ways brought to completion a process of increasing separation between Ireland and the UK: contrary to the latter, Ireland is a Member State at the heart of the EU, which largely punches above its weight, with Irish policy-makers in key positions, from the Presidency of the Eurogroup, to the European Central Bank. In fact, Doyle underlines how Ireland has recently undergone a remarkable liberal development, visible in the constitutional referendum legalizing gay marriages and abortion. Nevertheless, Doyle stresses how Brexit also poses a significant challenge for the future of Ireland, in the form of a possible unification referendum with Northern Ireland, and he considers some procedural and substantive guideposts which it would be wise for the political elites and the public to start debating.
The Nature of Forces
Authors: Satz Helmut 
Published: August 2022

Abstract
We introduce gravity and electromagnetic interactions, discuss the origin of dark matter, of dark energy, and obtain the entropy of black holes. Dark matter is seen to arise from the velocity distribution of outlying stars in galaxies, deviating from Kepler’s law. Up to today, the form and nature of such matter is not understood. We discuss the entropy of black holes and note the specific form of the force of gravity.
Bifurcation and Chaos
Authors: Satz Helmut 
Published: August 2022

Abstract
We show how bifurcation leads to an end of determinism and thus eventually to chaos. Such models were originally introduced in population studies, and they show how deterministic equations can lead to chaotic behavior. A similar type of behavior was obtained earlier by Fibonacci, whose number sequence led to the golden rule, which found many realizations in nature. The origin of this agreement remains a puzzle of natural science.
Varieties of Permissivism
Authors: Pettigrew Richard 
Published: August 2022

AbstractIn this chapter, I build on and slightly extended Elizabeth Jackson’s (2019) taxonomy of different species of permissivism about epistemic rationality, and I locate within that framework the positions for which I’ll argue in this essay. They are: · Radical common interpersonal permissivism about credences. That is, for most bodies of evidence, the range of credal states for which there is some individual who might rationally respond to that evidence with that credal state is wide. · Moderate common intrapersonal permissivism about credences. That is, for most bodies of evidence and many individuals, the range of credal states the individual might rationally adopt in response to that evidence is narrower, but it nonetheless contains more than one option.
Epistemic Risk and Picking Priors I
Authors: Pettigrew Richard 
Published: August 2022

AbstractIn this chapter, I argue in favour of the family of decision rules that I will apply to the choice of prior credences. The family is called the generalised Hurwicz Criterion. Each decision rule within the family is specified by a set of generalised Hurwicz weights. Each weight is a number. The first weight is the one we will apply to the best-case utility of an option to determine its contribution to the overall value of that option; the second weight is the one we will apply to the second-best case utility to determine its contribution; and so on down the last weight, which we apply to the worst-case utility. These generalised Hurwicz weights are best understood as our attitudes to risk. For instance, the more risk-inclined you are, the more weight you will concentrate in the earlier generalised Hurwicz weights, since these weight the better cases.
Epistemic Risk and Picking Posteriors
Authors: Pettigrew Richard 
Published: August 2022

AbstractIn the preceding two chapters, I asked how we should use epistemic utilities to pick our priors. In this chapter, I turn my attention to picking posteriors. In the early section, I consider and reject a range of possible approaches. Then I turn to an argument by Dmitri Gallow (2019) that we should pick our posteriors by maximising expected epistemic utility from the point of view of our priors, which entails that we should obtain our posteriors from our priors by conditioning on our evidence, just as Bayes' Rule demands.
What Is the Value of Rationality?
Authors: Pettigrew Richard 
Published: August 2022

AbstractIn this chapter, I consider and respond to three objections to permissivism about epistemic rationality. The first, given voice by Daniel Greco and Brian Hedden (2016) and also Ben Levinstein (2017), begins with the claim that we should defer to rationality and claims that this is incompatible with permissivism. I show that the version of deference that this objection requires is false. The second objection is due to Sophie Horowitz (2014) and challenges the permissivist to say what is valuable about rationality. I respond that the epistemic utility theorist is particularly well placed to answer this question. The third objection comes from Ginger Schultheis (2018), who notes that nearly all permissivists will think there are situations in which you know of one credal state that is rationally permissible that it is, while not knowing of another that is rationally permissible that it is. But, Schultheis argues, such a situation is impossible. I respond that it is not.
Is Brute Shuffling Irrational?
Authors: Pettigrew Richard 
Published: August 2022

AbstractIn this chapter, I address what is perhaps the most popular objection to permissivism. It begins by claiming that permissivists must say that it's rationally permissible to move from one permissible credence function to another without obtaining any new evidence; and it continues by contending that this is in fact rationally forbidden. I answer this by drawing a distinction between cases in which the individual considers their current credences authoritative for decision-making, and cases in which they do not. In the first, it is irrational to move from those credences to others, even if those others are permissible. In the second, it is not irrational to move from your current credences. I discuss what might lead an individual to come to think of their current credences as no longer authoritative for decision-making.
Referential Competence
Authors: Unnsteinsson Elmar 
Published: August 2022

AbstractThis chapter presents the author’s own accounts of speaker meaning and speaker reference. These are informed and influenced by earlier work in the tradition of Gricean intentionalism, especially by Grice, Strawson, Schiffer, Sperber, Wilson, Carston, Neale, and Bach. The chapter argues that speaker meaning ought to include Grice’s so-called third clause, which the author calls the directive intention. The mechanistic perspective assumed here gives reason to distinguish natural and nonnatural meaning, as understood by Grice, from what the author calls unnatural meaning. Unnatural meaning occurs when two distinct mechanisms, in this case the mechanism for natural meaning and the mechanism for nonnatural meaning, are unnaturally mixed in a single speech act. Speaker reference is defined directly in terms of speaker meaning, as a speech act whereby one means a singular proposition and intends the addressee to take a particular part of the utterance as direct evidence for a referential intention. This is the mature end-state of referential competence, involving the use of natural language expressions, rather than other possible means of communication. A few intuitive objections are addressed and the author tries to clarify the major concepts employed in this account of reference.
Good Cases, Bad Cases
Authors: Unnsteinsson Elmar 
Published: August 2022

AbstractThe chapter claims that many philosophers employ a confusion-driven methodology, namely, they describe a case in which a speaker is confused about the identity of something and wonder what they could be referring to by making some utterance or other. The chapter argues that this methodology is suspect and goes through two case studies: Kripke on semantic reference, and Reimer on demonstratives. It shows how their arguments fail precisely in virtue of being based on cases of confusion. The author amplifies this result further by stressing that many well-known examples of near-confusion in the philosophical literature do not in fact support the same conclusion. The author has in mind Putnam on beeches and elms, and Donnellan on the distinction between attributive and referential uses of definite descriptions. The author concludes, thus, that his argument does not count against the so-called method of cases, only its confusion-driven incarnation.
Democratizing Moral Education, 1792−1802
Authors: Bow Charles Bradford 
Published: August 2022

Abstract
This chapter examines Stewart’s democratization of moral education in the Scottish philosophical tradition. The emergence of a counter-revolution—championed by Edmund Burke and enforced by Henry Dundas—advanced prejudices against teaching speculative philosophy. This formidable counter-revolution challenged the Scottish philosophical tradition that Stewart sustained at the University of Edinburgh. Stewart reacted to this revolutionary change in Scottish Enlightenment intellectual culture by introducing ‘a more perfect system of education’ in his Elements of the Philosophy of the Human Mind (1792). The cultivation of happiness in ‘all pursuits of life’ underpinned this novel ‘superstructure’ for teaching the ‘fundamental laws of human belief’ that guarded impressionable minds against unlimited scepticism and credulity. In doing so, Stewart rendered the characteristically Scottish philosophical language of intellectual, active, and moral powers of the mind accessible and practical for a general audience of men, women, and children from all ranks of society. This systematic approach to simplifying and correcting the technical ‘rubbish’ of Scottish metaphysics resulted in the democratization of Scottish Enlightenment moral philosophy.
“We don’t refuse money”
Authors: Carolini Gabriella Y. 
Published: August 2022

AbstractThis chapter charts the marketplace for development aid, trade, and foreign direct investment in Mozambique, in comparison with other economies on the African continent. It examines which countries have left the biggest footprints within this marketplace and situates the relative importance of Southern countries therein, particularly when compared to more traditional donors from advanced economies. Mozambique, much like the rest of Africa, has experienced a surge in the volume of foreign money landing on its territory in the past fifteen years. The analysis shows that Southern partners such as China, Brazil, India, and South Africa are creating alternative if sometimes controversial channels for development partnerships, while also building influential pathways for private investment. The chapter concludes by noting that despite the widening of the marketplace for foreign collaboration and resources—welcomed with open arms by national and municipal governments—its implications for equitable urban development are still poorly understood.
Anything but Basic
Authors: Carolini Gabriella Y. 
Published: August 2022

AbstractThis chapter introduces the five water-and-sanitation-related international cooperation projects the book explores in the realm of urban development in Maputo. Spread across different neighborhoods in the city, these projects encompassed partners from Brazil, China, Italy, Japan, and Spain, none of whose cooperation projects emerged as especially successful from a material distribution standpoint. They also varied in their scope—from sewerage and drainage upgrading to solid-waste management. This expansive view allows for exploring the constitution of development cooperation projects and their day-to-day workings across a diverse spectrum of partners and urban challenges. What these projects reveal is the “turbidity” of development cooperation on the ground. Projects not only defy neat categorizations such as South–South, triangular, or traditional partnerships with Northern donors, but they also do not conform with national geographic boundaries and geopolitical narratives.
The Governmentality of Evaluation
Authors: Carolini Gabriella Y. 
Published: August 2022

AbstractThis chapter asks how and why an evaluative orthodoxy, underlined by a faith in efficiency and hierarchy, remains in place in the international development industry despite an equally substantive development rhetoric around promoting participatory practices, equity, and learning. It does so through a critical review of the history and evolution of evaluative thinking in development—from the creation of the Operations Evaluation Department at the World Bank and the popularization of New Public Management, both in the 1970s, to the more recent fervor around evidence-based evaluation, randomized-control trials, and cost-benefit analysis. Although impact evaluations are meant to foster dynamic learning, who learns and what is learned often seems to escape critical review. In delimiting problems with orthodox project evaluation strategies, the chapter puts forth an alternative framing of evaluation centered on notions of distributive and procedural justice and epistemic equity at the project level.