bluuebunny/crossref_metadata_2025_split huggingface dataset:
English Begins at Jamestown
Authors: Machan Tim William 
Published: October 2022

AbstractThe history of English is not a ready-made thing—it takes shape only through the critical selection of language forms, usages, and pragmatics and through the deployment of these in narratives. English Begins at Jamestown is the first book to critique the historiography that makes this selection and deployment possible. It seeks to isolate competing narrative principles and to understand how they are constructed, what kinds of facts and analyses their constructions allow or prevent, and what can be known outside of them. The book’s focus is thus the general principles that enable the imagining and writing of a history of English, from its Indo-European origins to its present-day status as a global language whose largest group of speakers have learned it as a second language. To this end, the historically and critically wide-ranging argument draws on original research, and uniquely applies narrative as well as linguistic theories to a wide range of interconnecting historiographic paradigms: social purpose, aesthetics, periodization, and grammatical structure. Extending an emphasis on alternative narrative options and their consequences, the conclusion examines yet one more (largely untested) organizational principle, and this is by means of speakers, who have significantly redefined the grammar and pragmatics of English since the colonial period, symbolically begun with the Jamestown settlement. English Begins at Jamestown shows that there are better, worse, and wrong ways to relate the language’s history, even if there cannot be one necessarily right way.
Writing the history of English
Authors: Machan Tim William 
Published: October 2022

AbstractEnglish Begins at Jamestown lays open and examines the kinds of practical and theoretical issues that enable something designated as “the history of English.” Framing its discussion against the unique status of global English today and within the theories of narratology and emergent linguistics, the book asks: what qualify as data, what theoretical or historiographic suppositions are necessary to do something with these data, what can be done with them, how do historiographic objectives affect a language narrative, and how can any language history be falsifiable? Its broadest practical question is: “How can a history of English be written?” Its broadest theoretical questions are; “How can a history of English be justified?” and “What is at stake in it?”
A grammar of change
Authors: Machan Tim William 
Published: October 2022

AbstractThis chapter evaluates several general concepts that enable structural historiography. The questions it asks include: what qualify as grammatical data, what theoretical or historiographic suppositions are necessary to do something with these data, what kinds of data do these suppositions exclude, and how do historiographic objectives affect a structural language narrative? Its overarching interest is in how a structural narrative predetermines the history of English, and in how this narrative intersects the other narratives the book considers. Perhaps the most entrenched and reproduced historiographic paradigms, structuralist accounts give the appearance of also being the most factual and data-driven. To do so, the chapter suggests, they require some of the most-encompassing, tacit suppositions.
Epilogue
Authors: Mantzari Despoina 
Published: October 2022

Abstract
This concluding chapter is divided into two parts. The first part elaborates on the main findings and contribution of the study. The second part outlines the future role of economic evidence in the regulatory enterprise, considering the monumental societal and technological changes currently underway. The chapter identifies two main challenges: first, the relatively recent advent of behavioural economics in utility regulation and the challenges it raises for the error-correction function of judicial review; and second, the rise of informational capitalism and the new sources of wisdom (eg complexity economics) it introduces in economic regulation of utilities and digital platforms. The chapter concludes with an assessment of the current state of play of institutional arrangements and considers proposals for reform.
Spiritual Direction as a Medical Art in Early Christian Monasticism
Authors: Zecher Jonathan L. 
Published: October 2022

Abstract
This book asks how early Christian monastic writers conceived of, represented, and experienced spiritual direction, and its central argument is that they did so medically. Late antique monastic formation took place through asymmetrical relationships of governance and submission worked out in confession, discipline, and advice. This study situates those practices against the cultural and intellectual world of the late antique Mediterranean. In conversation with a biopsychosocial model of health and Urie Bronfenbrenner’s “bioecological” model of development, the first chapter explores the logic of Galenic medicine (2nd c.): the goal of good health, a widely ranging theory of human nature, diagnostic strategies, and therapeutic techniques. The next four chapters show how this logic operates in Evagrius Ponticus’ (4th c.) interpretation of dream imagery and demonic attack, in John Cassian’s (5th c.) analysis of wet dreams, in Cassian’s nosology of vices, and in John Climacus’ (7th c.) demonic pathologies of passions. The second half of the book engages Paul Ricoeur’s theory of metaphor to show that spiritual directors claim trust and obedience by cultivating expertise along medical lines. This begins with a study of self-representation and popular perceptions of physicians as experts over human bodies and souls, which is then applied to Basil of Caesarea’s (4th c.) advice on when and whether ascetic Christians should seek medical assistance, to Cassian’s tales of spiritual direction in Egyptian monasticism and the Apostle Paul’s therapeutic hierarchy, and to John Climacus’ multiple metaphors of spiritual direction in a monastery reconceived as clinic.
Introduction
Authors: Zecher Jonathan L. 
Published: October 2022

Abstract
In addition to a rationale, layout, and background, the introduction explores the semantics of practices that may be grouped under the heading of “spiritual direction.” The book will focus especially on confessional encounters as these are described in monastic literature, before they are regularized or sacramentalized. It is especially important to know the limits of a semantic study for these practices, and the reason why later chapters will focus on logics of practice and representations of expertise. The last section offers biographical and brief literary introductions to the thinkers on whom the book focuses: Galen of Pergamon, Basil of Caesarea, Evagrius Ponticus, John Cassian, and John Climacus.
Evagrius the Diagnostician, or What to Expect When You’re Dreaming
Authors: Zecher Jonathan L. 
Published: October 2022

Abstract
This chapter explores the role of dreams in the spiritual writings of Evagrius Ponticus (345–99) in context of the logic of Galenic medicine. While demons get the attention, Evagrius is at least as concerned with the mechanism and contents of memory. He follows Aristotle’s theory of digestion, sleep, and dreams, according to which dream images emerge from past sense perceptions. For Evagrius these are frequently concerned with interpersonal interactions, usually negative, and memories are inevitably freighted with strong emotion (or passion). While Aristotle provides Evagrius with the mechanism of dream emergence, his demonology (and angelology) demands alternative sources or instigators—the demons (or angels) touch organs or suggest ideas, which in turn rouse the soul’s memories and produce dreams. Evagrius owes much to Galenic diagnosis from dreams at this point, since passions coded in memories produce the kind of imagery seen, just as for Galen (or someone of his school) humors color dreams. This, combined with his understanding of spiritual progress through the “eight wicked thoughts” toward dispassion, allows Evagrius to construct a symptomology of monastic dream imagery and to engage spiritual directors in a race against demons to discern from dream reports and reactions the weaknesses of souls—directors to heal them, the demons to exacerbate them.
Absolute Knowledge of the Law of Contract
Authors: Campbell David 
Published: October 2022

Abstract
Immanent critique of the classical law of contract shows solipsistic self-interest to be a morally and doctrinally inadequate basis for exchange and contract. Absolute knowledge of the law of contract is self-consciousness of the moral relationship of mutual recognition that makes exchange and contract possible. The equation of economic action with solipsistic self-interest must be traced to an alienated understanding of such action as ‘natural’, though rational economic action is given its form by specific social relations which Smith and Marx sought to place in a history of human material progress. Marx’s firmer grasp on the social constitution of economic action allows us to restate the conditions of Pareto optimisation and freedom of contract in a way which actualises self-consciousness of the relational basis of exchange and contract.
The Maximalist Welfare State, Inchoate Communism, and Betterment
Authors: Campbell David 
Published: October 2022

Abstract
Marx’s insistence on the social constitution of economic action was coupled with a claim that it was only the persistence of capitalist social relations that prevented humankind from enjoying unconstrained freedom. In Marx’s concept of communism, scarcity, and so the way that humankind experiences its natural environment as refractory, no longer obtained. This completely implausible belief gave Marx’s economics, with their rejection of profit and disregard of consumer demand, their shape. In the welfarist criticism of the acquisitive society, grasp of Marx’s specific arguments has been lost, but an attitude fundamentally antagonistic towards profit and consumer demand has been retained. This has generated an ‘inchoate communism’ in which understanding of the operation of the market is subsumed by a general perception of market failure, giving rise to a welfare state of unprincipled maximalism. The welfarist attack on the doctrines of the law of contract which institutionalise rational economic action has played a crucial role. Placing the welfare state on grounds which respect the autonomy of economic actors requires the recovery of Smith’s concept of self-interested ‘betterment’ as the basis of legitimate economic action.
Two Standard Views
Authors: Naar Hichem 
Published: October 2022

Abstract
After providing an argument that there must be reasons for loving particular individuals, even if we might not be in a position to articulate them explicitly, the chapter introduces two standard accounts of reasons for love: the Quality Theory, of which the Attractive Quality Theory is the most natural version, and the Relationship Theory. The chapter discusses both the Attractive Quality Theory and the Relationship Theory, their motivations, and their problems. The upshot of this chapter is that a Quality Theory of a non-standard sort is the best bet for the advocate of reasons for love.
Irreplaceability and Uniqueness
Authors: Naar Hichem 
Published: October 2022

Abstract
After tackling the issue of why exactly attractive qualities are the wrong kind of reasons for love, this chapter considers a non-standard form of the Quality Theory, the Generic Quality Theory, shows it to be inadequate, and defends an alternative account—the Unique Quality Theory—according to which the reason to love an individual has to do with their value as the unique individual they are. The latter view is shown to be superior to all the alternative accounts, including the Generic Quality Theory. The chapter ends by tackling two objections to the view. It also considers the possibility of combining the Reasons View with an error theory of reasons for love.
Justice In-Between
Authors: Picinali Federico 
Published: October 2022

Abstract
Justice In-Between is a study of intermediate criminal verdicts and of their justification. It challenges the widespread dogmatism favouring the binary verdict system, that is, a verdict system such as that adopted in England and Wales, characterised by a single standard of proof and two possible verdicts, acquittal and conviction. Justice In-Between studies historical and extant examples of intermediate criminal verdicts and engages with the debates that have accompanied them, including the popular argument that intermediate criminal verdicts are incompatible with the presumption of innocence. In doing so, the book offers an original account of the meaning and of the justification of the presumption. Relying on decision theory, Justice In-Between makes a case for intermediate criminal verdicts and shows that such decision-theoretic case is viable under both consequentialist and deontological theories of punishment. Indeed, the book argues that one cannot investigate the choice of the verdict system in isolation from the question of the justification for punishing.
Introduction
Authors: Picinali Federico 
Published: October 2022

Abstract
This chapter introduces the concept of an ‘intermediate criminal verdict’ and the problem of the justification of such a device. It argues against the widespread dogmatism favouring the binary verdict system, that is, a verdict system such as that adopted in England and Wales, characterised by a single standard of proof and two possible verdicts, acquittal and conviction. The interest in the philosophical question of the justification of intermediate criminal verdicts is presented in the chapter as stemming from the study of historical and extant examples of such verdicts, but also from the consideration that decision-making in everyday life is often non-binary, even when, similarly to criminal adjudication, it hinges on the probability of a particular fact. Examples of such non-binary decision-making are offered and briefly discussed. The chapter clarifies the notion of a ‘verdict’ adopted in the book, and provides an overview of the following chapters.
Intermediate Verdicts are not a Fanciful Construct
Authors: Picinali Federico 
Published: October 2022

Abstract
This chapter shows that intermediate criminal verdicts are not a fanciful construct, produced by the mind of an armchair academic, but have been employed by many criminal jurisdictions for centuries. The chapter investigates the intermediate verdicts featuring in the ius commune criminal trial of continental Europe during the late Middle Ages and early modern period. It also covers the acquittal ‘per insufficienza di prove’, an intermediate verdict provided by the code that regulated Italian criminal procedure for most of the 20th century, and the Scottish ‘not proven’ verdict. The chapter reconstructs, and engages with, the lively academic and public debates that have concerned and accompanied these intermediate verdicts. It analyses a series of arguments in favour or against intermediate verdicts advanced in these debates, ultimately finding each of these arguments inconclusive.
A Battery of Objections
Authors: Picinali Federico 
Published: October 2022

Abstract
This chapter addresses a battery of objections. Some of these are objections to intermediate verdicts simpliciter. They build on, and enrich, the debates analysed in Chapter 1. Others are objections to the decision-theoretic case for intermediate criminal verdicts made in the previous chapter. The objections include: the claim that the decision-theoretic model gives a representation of criminal adjudication that is simplistic; the claim that the model cannot register important effects produced by the adoption of an intermediate verdict; the claim that the model cannot be implemented; the claim that the criminal justice system already includes devices that are equivalent to an intermediate verdict; and the claim that intermediate verdicts offer the adjudicator the opportunity to dodge their decision-making responsibilities.
The Political Economy of Investment Arbitration
Authors: Phillips Williams Zoe 
Published: October 2022

Abstract
This introductory chapter begins by examining the debate among scholars, activists, and governments on the investment regime’s impact on domestic policymaking. Next, it poses the book’s central question: why do host states, often after going to great lengths to attract foreign investors, pass measures which harm their interests? The chapter suggests two possible explanations for this puzzle, drawing on international relations and international political economy work on treaty compliance. It subsequently puts forth the book’s main argument, giving two opposing explanations for investor–state disputes, shifting state preferences towards foreign direct investment or the lack of state capacity to maintain an investment-friendly environment.
State Capacity and Investor–State Arbitration
Authors: Phillips Williams Zoe 
Published: October 2022

Abstract
This chapter examines the argument that investor–state disputes are caused by a lack of bureaucratic capacity in the host states, based on the managerial approach to treaty compliance as well as recent work on the role of bounded rationality in the development of the investment treaty regime. This approach suggests that states generally intend to uphold their treaty commitments and only violate these agreements inadvertently. Violations occur when states face difficult conditions, such as financial crises, that impede compliance or when policymakers do not have sufficient knowledge of treaty obligations. If this explanation holds, investor–state disputes will arise in the context of economic crises and periods of political instability or result from a lack of awareness of or inability to enforce treaty commitments among host state policymakers. The chapter finds limited empirical evidence that lack of capacity contributes significantly to the likelihood of an investment arbitration.
Pacific Rim Cayman v El Salvador
Authors: Phillips Williams Zoe 
Published: October 2022

Abstract
This chapter presents a case study of the dispute between Canadian mining company Pacific Rim Cayman and El Salvador. Despite the very different levels of development and experience with investor–state dispute settlement between Canada and El Salvador, there are striking similarities between this case and the one discussed in Chapter 6. Due to concerns regarding water use and contamination, mining became an issue in the 2009 presidential election, leading both candidates to denounce mining and the winner to uphold a de facto ban on the activity. In the wake of this decision, Pacific Rim initiated arbitration under the Central American Free Trade Agreement (CAFTA). This case study further demonstrates the role that public pressure can play in shifting state preferences towards an investment that it had earlier welcomed. It also demonstrates the way that a lack of capacity can contribute to underlying conditions which may make a dispute more likely.
Conclusion
Authors: Phillips Williams Zoe 
Published: October 2022

Abstract
This chapter summarizes the main arguments put forth by the book and discusses their implications for possible pathways of reform of the investment protection regime. As alluded to earlier, the type of reform proposal favoured is a function of what the problem with investor–state dispute settlement (ISDS) is thought to be. This book concludes that because it so often involves domestic political contestation, investor–state arbitration cannot be avoided by better administrative practices in host states. An investment court or updated treaties may address some problems with the regime. However, unless these reform efforts recognize that ISDS involves the interests of actors beyond the official parties to the disputes—such as communities, activists, and citizens—and gives these actors access to the dispute resolution mechanism, they will only further entrench private interests in the legal structure of economic globalization at the expense of other groups. Further backlash against the regime, then, will be inevitable.
Procedural Requirements for Administrative Limits to Property Rights in Sweden
Authors: Jonason Patricia 
Published: October 2022

Abstract
According to the Swedish Constitution, limitations to property rights, including expropriation, are only allowed when necessary to satisfy pressing public interests. The constitutional provisions state additionally that the owner of the property subject to expropriation or other limitations shall be guaranteed compensation. The rules governing expropriation are contained in the general expropriation legislation, ie the Expropriation Act and the related Expropriation Regulation. They are even to be found in special laws, such as the Roads Act, when it concerns specific areas. The procedural requirements contained in these acts are supplemented by the requirements laid down in the Administrative Procedure Act.
Comparative Perspectives on Expropriation and Other Takings
Authors: Martenet Vincent 
Published: October 2022

Abstract
In many countries, administrative limits to property rights are subject to procedural requirements which differ not only among jurisdictions but also within a given jurisdiction. England, France, Germany, and the United States share many commonalities and some distinctive features regarding these requirements. Although similarities may be noted, these four countries differ in terms of their constitutional and statutory framework and how their courts and authorities deal with administrative limits to property rights. Depending on the country, the power to expropriate land can be either centralised or decentralised. Furthermore, this power usually belongs to government and other public bodies, but may even be granted to private entities under certain specific circumstances. Some cross-cutting issues relating, for instance, to urban planning, urgent situations, the expropriation of land for the creation or expansion of private facilities, or regulatory taking highlight various commonalities and differences among England, France, Germany, and the United States. In these four countries, concrete facts and specific situations matter—or should matter—when property rights are subject to administrative limits. Even if the framework regarding expropriation and other takings is usually set by legislatures—and the importance of statutes should not be underestimated in this area; the role of governmental or administrative bodies and of reviewing courts, in case of litigation, is also of great importance. They usually enjoy some discretion in order to take into account all the relevant facts in a given situation.
The Value of Property in Central and Eastern Europe
Authors: Gerencsér Balázs Szabolcs 
Published: October 2022

Abstract
This paper compares the constitutional and lower level legal regulations in three Central and Eastern European countries. The right to property gained a special emphasis after the fall of the communist dictatorships in 1989. This historical context helps us to understand the contemporary constitutional and legal environment. The comparative analysis also covers the substantive and procedural issues. It examines the content of expropriation and it distinguishes it from nationalisation. As a conclusion, it summarises the common core content that is acknowledged by the three countries examined. By today these countries have developed a democratic system of expropriation where judicial control plays an important role through its powers of cassation.