bluuebunny/crossref_metadata_2025_split huggingface dataset:
The New French Law of Contract
Authors: Rowan Solène 
Published: October 2022

Abstract
After being almost untouched for over 200 years, the contract law section of the French Civil Code was overhauled in 2016 and 2018. The New French Law of Contract describes, explains, and analyses the new general principles of contract law in the reformed Code in a concise and stimulating way. The areas covered include contract formation, validity, the interpretation and supplementation of terms, the regulation of unfair terms, privity of contract, change of circumstances, breach of contract, and remedies. The book examines the ways in which the new articles affirm or depart from the provisions of the 1804 Code and pre-reform case law, giving special attention to changes that have proved to be controversial and the debates that surround them. It also considers the various influences that have shaped the reforms, in particular those from international contract law instruments such as the Principle of European Contract Law and the UNIDROIT Principles. Written from the standpoint of a common lawyer, the book is designed to help readers from a common law background to navigate the innovations in the reforms and the new French law of contract that emerges. It is essential reading for students, researchers, practitioners, law-makers, and judges with an interest in comparative law.
Introductory Provisions
Authors: Rowan Solène 
Published: October 2022

Abstract
This chapter covers the introductory provisions which provided the definition of contract, fundamental principles of contract law, and the classification of contracts. The primary focus of the reforms is codifying established principles and improving clarity, certainty, and predictability. Mutual assent plays a significant role in the formation of a contract. Additionally, the Introductory Provisions lists the French contract law’s vital principles such as freedom of contract, the binding force of the contract, and good faith. The reforms provided formal recognition to several classes of contract that did not appear in the 1804 Civil Code but were recognised by court and commentators over time.
The Validity of the Contract
Authors: Rowan Solène 
Published: October 2022

Abstract
This chapter expounds on the validity of the contract. According to the Civil Code’s 1128 article, three conditions are required for a contract to be considered valid. The conditions are as such: the genuine and free consent of the parties, the parties’ capacity to enter the contract, and the lawful and certain content of the contract. Non-fulfilment of the requirements are mostly defects such as duress, fraud, mistakes, party consent, illegality, and uncertainty to the contract’s contents. Additionally, the 2016 reforms primarily codified established principles to improve clarity, certainty, and predictability. Reformed articles showcase notable features such as defects in consent, mistake, and fraudulent non-disclosure.
The Interpretation and Supplementation of Contracts
Authors: Rowan Solène 
Published: October 2022

Abstract
This chapter discusses the explanatory interpretation and creative interpretation of the French contract law. It also recognizes that both types of interpretation were subject to reform revisions. The reforms of explanatory interpretation mostly revolve around the dichotomy between the subjective and objective approaches, the power of Cour de cassation, and the application of contra proferentem rule. Additionally, the 2016 reforms introduced an express provision on dénaturation, which is the power of the Cour de cassation to review on appeal if a contract had a distorted interpretation. On the other hand, creative interpretation involves the broader process of interpreting the contract to ascertain the common subjective intention of the parties.
The Effect of the Contract on Third Parties
Authors: Rowan Solène 
Published: October 2022

Abstract
This chapter tackles the impact of contracts on third parties. According to the Civil Code’s starting principle, only the contracted parties can benefit from and be bound by its terms. However, third parties not tied to a contract can ignore it as they have an obligation under article 1200. Moreover, revocation of benefits will only be effective as soon as the beneficiary or the promisor becomes aware of it. The direct action in payment is also a mechanism allowing the third party who owed money to bring a debt claim against the debtor. Then, the action oblique enables a third party to claim against their debtor to enforce their rights.
Remedies for Breach of Contract
Authors: Rowan Solène 
Published: October 2022

Abstract
This chapter explores the remedies for breach of contract according to article 1217 of the Civil Code. It also clarifies how the remedial regime is non-hierarchical. Remedies ultimately functions to refuse, enforce, or suspend performance, reduce contract price, compensation, or terminate the contract. Additionally, the injured party should give notice to the defaulting party before claiming any remedy. The chapter discusses exception d’Inexécution, wherein the injured party could withhold performance when the other party fails to execute their obligations. Moreover, exception d’Inexécution could be invoked when the counterpart failed to perform any obligation and the breach must be sufficiently serious.
A Non-musical Prelude
Authors: Freeden Michael 
Published: October 2022

AbstractThe prelude offers a case study as an introduction to the diverse layers of silence through the film artistry of Tacita Dean, alongside John Cage’s 4’33” silent composition for piano and Merce Cunningham’s motionless marking of that exact time. Silence, as well as stillness, are embedded in interwoven performances refining our understandings of sound and movement. Audience response can be decoded as a series of reactions to silence as absence or as tranquillity, replete with some of the ubiquitous characteristics of the political—mostly concealed from the participants but discernible to the student of politics. They include the multiple asymmetric confrontations of individual versus group; the fragility, unpredictability, and reversibility of power relations; the manipulation of conduct and reaction; the confounded and blocked anticipation of action and event; the disruption of order, instantly replaced with alternative socio-cultural patterns of variable durability; the depiction of social activity as disaggregated rather than holistic; the drawing of performative boundaries that fluctuate between fixity and permeability, whether physical or cultural; and the dictating of strict instructions to the managers of the concert hall, to the simulating pianist, and to the inactive choreographer.
Layers of Silence
Authors: Freeden Michael 
Published: October 2022

AbstractPolitically meaningful silences are normal and ubiquitous—an inseparable part of language and emotions. Silence is a practice that is integral to human communication and expression. Decoding and interpreting its patterns deserve their due. Some patterns are discernible in human conduct and discourses; but others—unintentional, unpremeditated, and often imperceptible forms of silence—require detection and extraction as significant aspects of political thinking. An important distinction is that between silenced voices and silenced silences. Silenced or inaudible voices may be those of women, ethnic groups, or cultural outsiders. Concealed silences may be lost, or buried under subsequent and competing voices, and evidence of them blocked by epistemological constraints on what can be known in a given culture at a stated time-span, thus also undetectable to the scholar. But they affect the political balance of a society at a given moment and over time. They may be the product not of identifiable agency but of convention or cultural displacement. Such silences obscure voices that are ignored, unnoticed, untheorized, covered up. It is often baffling for political theorists—trained in the purposely verbal and the articulate—to cultivate epistemic expectations that could recognize silences as absences, lacks, or removals.
Superimposed and Invented Voice
Authors: Freeden Michael 
Published: October 2022

AbstractA common category of silence involves a superimposition of voice, whose effect is to crowd out other existing voices, who then become unheard. Complementing that practice is the invention of non-existing voices to fill unpopulated spaces. Bourdieu sees that as a competition over the monopoly of the right to speak in the name of silent groups. Deliberate silencing can morph into future unknowability, a silenced silence without trace. Spivak distinguishes between standing in for a group and representing it. Even representation is susceptible to eliminating, forgetting, or ignoring sections of a population. Superimposing voice asserts its own monopoly over public discourse, or blocks out previous voices, or curtails prospective voices, thus stifling innovation. Inventing voice typically involves speaking in the name of two vast silent and non-existing groups—the dead and the not-yet born. Ordinary language reinforces such monopolizations through debate-eliminating expressions such as ‘needless to say’, ‘taken as read’, and ‘the facts speak for themselves’.
The Socio-cultural Filters of Silences
Authors: Freeden Michael 
Published: October 2022

AbstractSilence is subject to culturally specific social practices that encourage it or covertly override speech. For example, Buddhism’s emphasis on the ineffable repudiates the duality of speech and non-speech by extolling emptiness, ambiguity, and meaning beyond language as the path to enlightenment. Individualism, the transmission of spiritual values, and the ontological challenging of boundaries are its political dimensions. In other forms of social activity, practices of silence are embedded in boundary crossing between worship and the secular. The seven modalities of Chapter 7 are revisited in social contexts concerning taboos; the inherent suspicion of silences; linguistic evasion and euphemisms; the unnoticeability of minorities; and the cultural propensity to conversational silences. Silence is infused with strong social rationales that associate it with the distribution of significance to certain groups or segments above others. In theatre, the speech–silence balance can be nuanced, expressing contingency and bewilderment as underlying aspects of social life alongside the disarray that incapacitates purposive action. ‘Pinteresque’ silences, both acoustic and metaphysical, are dual: one when no word is spoken; the other when a torrent of language is being employed. Finally, ostracism is an inverted mode of silence, not imposing silence on another, but practising silence against another, reducing the target to unhearability.
Introduction
Authors: Michelson David A. 
Published: October 2022

Abstract
This chapter proceeds in two parts, posing questions for the study of reading followed by an outline of the book. The first half of the chapter draws on the work of Robert Darnton and Roger Chartier to frame the key questions about Syriac contemplative readers which guide the book as a whole. The second half of the chapter provides a summary of the other chapters of the book. The main questions which drive this book are: What were the intellectual roots of contemplative reading as practiced in the Church of the East? What ascetic disciplines and theologies provided the ideals and assumptions underlying Syriac contemplative reading? How was contemplative reading learned and taught in East Syrian monastic communities of the sixth and seventh centuries? Who are notable examples of Syriac contemplative readers in the Church of the East “who have left a record of their reading”? How was the relationship of the reader and text perceived by Syriac readers? What was the goal of contemplative reading? Finally, what can surviving physical evidence from manuscripts or textual layout reveal about how Syriac contemplative readers used their books? Out of necessity, these questions adopt a working definition of “reading” as “encounter with texts”. This definition is merely a starting point; the questions themselves are designed to circle ever closer to a contextual definition of reading specific to the traditions of East Syrian asceticism.
The Epistemology of Reasons for Love
Authors: Naar Hichem 
Published: October 2022

Abstract
A defense of a certain class of reasons is incomplete without an account of how we could possess them, where possession is a matter of standing in a certain epistemic relation with the reasons in question. An epistemology of reasons for love is also needed to avoid a problem—the selectivity problem—facing the Quality Theory in all its forms. This chapter provides an initial discussion of the epistemology of reasons for love. It first argues that the epistemic connection needed is of a perceptual or quasi-perceptual sort. Only if we accept a view like this, indeed, can we preserve the selectivity of love. The chapter then criticizes the claim that love itself provides access to the reasons that favor it. Finally, two epistemological accounts are outlined, both of which constitute promising avenues for future research.
Acquittal vs Conviction
Authors: Picinali Federico 
Published: October 2022

Abstract
This chapter lays the foundations for the decision-theoretic case for intermediate criminal verdicts advanced in the following chapter. The focus is on the decision problem of adjudication in a binary verdict system. Given decision theory’s insistence on the maximisation of expected value, it is often understood as a decision-making tool for the consequentialist only. After arguing that theories of punishment should be concerned with the decision problem of adjudication, and should include an account of the standard of proof, the chapter shows that in this decision problem both consequentialists and deontologists about punishment can rely on decision theory without relinquishing any tenets of their respective theory of punishment. The upshot is that both consequentialists and deontologists about punishment can – indeed, should – understand the standard of proof as a decision rule for the maximisation of expected value, that is, as a decision-theoretic standard of proof; and that the forthcoming decision-theoretic case for intermediate criminal verdicts is viable under both consequentialist and deontological theories of punishment.
Procedural Requirements for Administrative Limits to Property Rights in Belgium
Authors: Renders David , Ceci Luca , Delforge Caroline , Polet Kevin 
Published: October 2022

Abstract
This chapter describes the procedural requirements for administrative limits to property rights in Belgium, focusing on expropriation. Expropriation law is organised within the Belgian State—a federal state—by the federal authority, the regions and the communities. Expropriation is a three-step procedure where: (i) the legislative power must establish the cases in which public authorities are entitled to resort to expropriation; (ii) the executive power must give a public authority specific and concrete authorisation to expropriate a given piece of land for a given purpose; and (iii) the public authority implements this authorisation. Expropriation requires a 'public purpose' and a 'fair compensation paid beforehand'. In practice, amicable agreements are usually reached to allow the public authority to carry out an expropriation but if not, the public authority is then obliged to submit a request for expropriation to a court. The court will assess the legality of the expropriation authorisation and grant—or not—the forced transfer of property, by ordering the award of fair compensation beforehand. In Belgium, expropriation has a strong connection with land use planning, as it can serve as a land policy instrument for planning, but it can be used in many other circumstances.
Procedural Requirements for Administrative Limits to Property Rights in Spain
Authors: Jiménez Luis Arroyo , Fernández-Bermejo Dolores Utrilla 
Published: October 2022

Abstract
This chapter explores the analytical and constitutional foundations of administrative limits to property under Spanish public law. First, it describes both the substantive constitutional provisions regarding expropriation, nationalisation, and regulation of private property, as well as the case law of the Constitutional Court on these provisions. Secondly, the chapter focuses on the distribution of competences between the different levels of government in view of expropriation and regulation of property rights. Next, it deals with the regulation of administrative procedure for taking these decisions. Finally, the chapter describes the various remedies provided for by the law to protect private property from administrative measures.
Procedural Requirements for Administrative Limits to Property Rights in Ukraine
Authors: Dovhan Halyna 
Published: October 2022

Abstract
The contribution gives an overview of the procedural requirements for administrative limits to property rights in Ukranie. The chapter explores the analytical and constitutional foundations of administrative limits to property under Ukranian public law, where the expression 'land expropriation' is not used. Ukrainian legislation, instead refers to 'forced alienation for the purpose of public necessity'. The chapter first examines the general principles concerning limitations to property rights included in the Ukranian Constitution, as well as the legal provisions by the Civil Code, then explores the legal procedures according to which restrictions or deprivations to property rights are permissible as well as the distribution of competences.
Concluding Remarks on the Unity of the Liberal World as Regards State Regulation of Property
Authors: Perroud Thomas 
Published: October 2022

Abstract
The cases studied in the book demonstrate that, despite the historical and cultural differences among the countries examined, there is a common moral and political substrate in the theme of takings. The idea that administrative law should protect citizens against state encroachments on private property is present everywhere. The requirements for takings is common: the administration must show it serves a public interest and the operation must be compensated. However, there are some degrees of variations in the procedure between countries.
Interlocking Rights, Layered Protections
Authors: Shue Henry 
Published: October 2022

Abstract
This chapter explores some aspects of Kimberley Brownlee’s arguments for a right against social deprivation, the author Henry Shue’s own arguments for subsistence rights and other basic rights, Elizabeth Ashford’s development and refinement of one of Shue’s arguments, and David Luban’s analysis of the concept of a right. The purpose is to distinguish different variants of partly similar arguments and to sketch a typology of converging but separable linkage arguments that can be offered for social rights, among others. It concludes that the good of developing social abilities through social contact and the good of maintaining those social abilities through social contact are each vital interests as fundamental as a human interest can be. In effect, they are interests in becoming and remaining human, and therefore they deserve the protection accorded to basic rights.
A Human Right to Relationships?
Authors: Collins Stephanie 
Published: October 2022

Abstract
This chapter asks whether there is a human right to close personal relationships. It begins by providing a prima facie argument in favour of such a right: humans’ interests in close personal relationships are important, universal, and fundamental. It then explains that there are problems with the distribution, demandingness, and motivation of the correlative duties. The result is that each individual bears a human right only to ‘intimacy consideration’, not to close personal relationships themselves. The chapter then argues that things are different if we conceptualize the right as belonging to groups, rather than to individuals. It is argued that groups of co-intimates have rights that others respect, protect, and promote the group’s intimacy. The duties correlative to such group-held rights do not face the problems of distribution, demandingness, and motivation that plague the individually-held right. Group-held rights in this arena are an important moral and political tool.
Do Older People Have a Right to Be Loved?
Authors: Liao S. Matthew 
Published: October 2022

Abstract
The population of older adults is growing. Worldwide, the number of persons aged 80 years or over is expected to rise from 137 million to 425 million between 2017 and 2050. As people become older, many live alone and are therefore at increased risk of being socially and emotionally isolated, which is associated with a wide range of adverse health effects including dementia and increased mortality. At the same time, research shows that older persons benefit mentally and physically from feeling socially and emotionally connected. This raises the question of whether older persons need emotional connections and whether they have a right to such emotional connections, that is, whether they have a right to be loved. Elsewhere, S. Matthew Liao has argued that children have a right to be loved. In this chapter, his goal is to explore whether we can make a similar argument for older adults.
The (Social) Right to the City
Authors: Jenkins David 
Published: October 2022

Abstract
More than half the world’s population now lives in cities. But cities are often places characterized by anomie, loneliness, and mutual indifference. This chapter uses the idea of a right to the city to critically examine the effects of urban living on different people’s abilities to meet their social needs. Dividing the relevant potential rights-holders into three categories—those who produce, those who use, and those who need the city—the chapter identifies the ways in which housing, transport infrastructure, public space, and social policy can be organized and developed to be capable of satisfying the specifically social needs of those who live—or might wish to live—in cities.
Liquidity and Exchange Rates: An Empirical Investigation
Authors: Engel Charles , Wu Steve Pak Yeung 
Published: October 2022

AbstractWe find strong empirical evidence that the liquidity yield on government bonds in combination with standard economic fundamentals can well account for nominal exchange rate movements. We find impressive evidence that changes in the liquidity yield are significant in explaining exchange rate changes for all the G10 countries, and we stress that the US dollar is not special in this relationship. We show how these relationships arise out of a canonical two-country New Keynesian model with liquidity returns. Additionally, we find a role for sovereign default risk and currency swap market frictions.