bluuebunny/crossref_metadata_2025_split huggingface dataset:
Relationships in Transition
Authors: Igreja Victor 
Published: January 2022

Abstract
The global circulation of discourses of accountability and of formal declarations of guilt for serious crimes are often decoupled from the historical realities of nations undergoing major political transitions. In contexts marred by multiple historical waves of violence, intersecting cultures of guilt formation, and a myriad of actors, the shared responsibility required for completing justice processes is colossal. This chapter focuses on the violent transitions in Timor-Leste that culminated in the restoration of independence in 2002. Building on productive guilt approaches, the chapter explores how the Timorese authorities radically reconfigured their political relations with the Indonesian authorities by decoupling the violent past actions from their actors without adopting legal impunity or openly pursuing criminal accountability. This ambiguous strategy has averted the resumption of military violence with their Indonesian former war foes, and it has allowed the Timorese authorities to maintain peace and gradually reconstruct their state and economy.
Eliza Cauchois’s Shift
Authors: Edwards Laura F. 
Published: January 2022

Abstract
This chapter examines the “street trade”—the part of the textile market structured by the legal principles associated with textiles. What distinguished the street was its transitory nature. Such markets were the most visible when housed in identifiable locations, such as pawnshops. They also materialized out of thin air and then disappeared just as quickly. People sold out of their homes, on the street, and after church. The street trade was tolerated, but only just, because it altered the rules governing exchange elsewhere in the legal order. That did not make it “extralegal.” Exchange took place out in the open and followed set rules that mirrored those in civil law, the area of the legal system from which those without rights were excluded. The transactions supported within the street trade only seem different because participants used shirts, shifts, and handkerchiefs, not notes and bills of exchange.
Catherine Brennan’s Haul
Authors: Edwards Laura F. 
Published: January 2022

Abstract
As this chapter shows, the practice of treating disputes over property claims to textiles in the legal form of theft had negative implications in the long run. This legal form made the property claims of people with the full range of rights visible but uncertain. They were always dependent on the specifics: the form that the property took, the people involved, the circumstances, and the sufferance of legal officials. They were always limited, applicable only to the successful claimant and the property in question. They were always punitive. The affirmation of the complainant’s claims turned the unsuccessful defendant into a criminal, who then faced stiff penalties: corporal punishment and/or imprisonment, in addition to monetary restitution. Theft, moreover, turned all property claims into crimes, which made the property defended in this manner seem different and, ultimately, illegitimate.
Ritual, Music, and Embodied Emotions
Authors: Perkins Franklin 
Published: January 2022

Abstract
The importance of ritual and music for Mengzi and other Confucians is one of the more difficult things to make plausible in a contemporary context. This chapter begins with a critical analysis of common views of ritual. It then explains the various ways Confucians justified the significance of ritual, etiquette, and music. The most fundamental point is embodiment: emotions are expressed in bodily reactions and bodily movements shape emotions. As the body is public and visible, its movements and expressions also affect other people (stimulating their emotions). Ritual and music are meant to guide these flows of influence into constructive forms.
The First Black Archaeologist
Authors: Lee John W.I. 
Published: January 2022

Abstract
This is the first full biography of John Wesley Gilbert (1863–1923), a pioneering African American scholar, archaeologist, teacher, civic leader, and missionary. The first part of the book traces Prof. Gilbert’s life from his birth into slavery in rural Georgia through his early education in the segregated public schools of Augusta, Georgia, on to his studies at the Augusta Institute and Atlanta Baptist Seminary (forerunners of Atlanta’s famed Morehouse College), at the Methodist-sponsored Paine Institute in Augusta, and at Brown University. Its central chapters focus on Gilbert’s sojourn in Greece during 1890–1891 as a member of the American School of Classical Studies at Athens, a research institution founded in 1881 by a consortium of American colleges and universities. The book examines Gilbert’s relationships with his American School professors and classmates, his experiences of living in Greece, his topographical research on the urban demes (neighborhoods) of ancient Athens, and his archaeological work at the ancient Greek city of Eretria. The final portion of the book explores Gilbert’s life after Athens, as he earned a national reputation as an African American educational, civic, and religious leader. It examines his arduous 1911–1912 cooperative mission to the Belgian Congo as a representative of the Colored Methodist Episcopal (CME) Church, with his white companion, Bishop Walter Russell Lambuth of the Methodist Episcopal Church, South (MECS). Throughout the book, Prof. Gilbert’s experiences and contributions are placed into the broader context of nineteenth-and early twentieth-century US history and especially into the context of African American intellectual and cultural life during that period.
Mutombo Katshi
Authors: Lee John W.I. 
Published: January 2022

Abstract
This chapter focuses on Gilbert’s 1911–1912 mission to the Belgian Congo with Bishop Walter Russell Lambuth of the Methodist Episcopal Church, South (MECS), using evidence from the preserved typescript of Lambuth’s diary and the surviving fragments of Gilbert’s now-lost diary. The chapter begins by tracing the origins of the joint interracial mission of the MECS and the Colored Methodist Episcopal (CME) Church, including Lambuth’s early interest in Africa, the arrival of several Zulu students at Paine College, and Gilbert’s desire to find a new purpose for Paine College as a missionary training school. From there, the chapter traces Gilbert’s 28,000-mile round trip from Augusta to the Congo and back again, including nearly a thousand miles on foot through the Kasai region of central Congo. The chapter offers new insight on Gilbert’s relationships with famed African American Presbyterian missionary William Henry Sheppard and with Bishop Lambuth. It traces Gilbert and Lambuth’s trek from the Presbyterian mission at Luebo in search of a spot to locate a Methodist mission and explains how the two Americans made contact with Chief Wembo Nyama who invited them to found a mission in his territory. The chapter pays particular attention to Gilbert’s study of African languages and to his relationships with the African people he met.
Why Use the Language of the Law in Global Politics? On the Legitimacy Effects of Claiming to Act Legally
Authors: Venzke Ingo 
Published: January 2022

Abstract
Why do actors use the language of international law in global politics? This chapter discusses answers to this question from the perspective of three different logics of action—consequentialism, appropriateness, and deference. It exposes how different explanations for the invocation of international law share assumptions about the law’s legitimacy effect, i.e., its impact on evaluative judgments about what is right and wrong. Typically: Do levels of approval decrease if a certain behavior is claimed to be illegal? This chapter discusses experimental studies that have inquired into the impact of invoking the law on public opinion, overall offering some support for the law’s legitimacy effect. But those studies are partially contradictory and require further refinement. The chapter argues that inquiries should pay closer regard to international law’s distinctive claim to authority, to the predispositions of non-US audiences, and to law’s function in enabling rather than constraining behavior. On this basis, the chapter makes suggestions for future experimental setups, closing with an outlook on the deep divides that have separated experimental methods from legal research of a more critical bent.
International Legal Argumentation on Intellectual PropertyTwo Snaphots from the World Intellectual Property Organization
Authors: Kwakwa Edward 
Published: January 2022

Abstract
This chapter focuses on international legal argumentation in the field of intellectual property law. It analyzes the Uniform Domain Name Dispute Resolution Policy (UDRP), an alternative form of dispute resolution process in which individuals and companies invoke administrative criteria to try to reverse situations where their trademarks have been hijacked by cybersquatters. The chapter concludes that an established body of jurisprudence facilitates greater certainty and predictability of decisions under the UDRP. Second, it describes the role of legal argumentation in the deliberations of the World Intellectual Property Organization’s Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore. While legal argumentation is yet to result in an international treaty, it has shaped national and regional legislation on the protection of traditional knowledge.
Arguing about Trade Law Beyond the Courtroom
Authors: Claussen Kathleen 
Published: January 2022

Abstract
This chapter reviews trade law argumentation—advocacy that invokes substantive international trade law principles—in settings outside of the World Trade Organization dispute settlement mechanism. Even so limited, the expanse of the possible areas where one might find such argumentation remains broad. The chapter focuses on two novel data sets of arguments growing out of recent events: first, state reactions to US imposition of special tariffs on steel and aluminum and on products from China; second, comments by US legislators in congressional debates. Each set engages a very different set of speakers across a range of experiences. And each yields different lessons about the purposes and effects of trade law argumentation outside the courtroom.
Power to the People
Authors: Tushnet Mark , Bugaric Bojan 
Published: January 2022

Abstract
Self-described populist leaders around the world are dismantling their nation’s constitutions. This has led to a widespread view that populism as such is inconsistent with constitutionalism. We disagree. Some forms of populism are inconsistent with constitutionalism, others aren’t. Context and detail matter. We begin with a thin definition of constitutionalism that people from the progressive left to the conservative right should be able to agree on even if they would supplement the thin definition with other more partisan ideas. We follow with a similarly thin definition of populism. Comparing the two, we argue that one facet of populism—its suspicion of institutions that are strongly entrenched against change by political majorities—is sometimes inconsistent with constitutionalism thinly understood. We then provide a series of case studies, some organized by nation, others by topic, to identify more precisely when and how populist programs are inconsistent with constitutionalism—and, importantly, when and how they are not. The book concludes with a discussion of the possibilities for a deeper and, we insist, populist democracy. After examining some recent challenges to the idea that democracy is a good form of government, we explore some possibilities for new, albeit revisable institutions that can determine and implement a majority’s views without always threatening constitutionalism.
Injurious Conduct
Authors: Jansen Nils , Steel Sandy 
Published: January 2022

AbstractThis chapter explains how the concepts of fault and unlawfulness have always stood at the centre of doctrinal discussions of tort law, albeit that a clear conceptual distinction between these concepts was only arrived at in the nineteenth century. Private law culpa having first been the chief object of scientific discussion, in the twentieth century the meaning and purpose of unlawfulness became problematic; the dominant conduct-focused conception of unlawfulness again put in question the previously self-evident distinction with fault. Meanwhile, the idea of an ‘individual’ or ‘absolute’ right became a third central concept alongside unlawfulness and fault. On the one hand, the BGB (Bürgerliches Gesetzbuch) could, with the use of this concept, formulate the requirements of delictual liability independently of the particular concrete Roman law actions; on the other, it could also avoid an undifferentiated general clause, which would have left the determination of protected legal interests in the hands of judges. The BGB thus required a fundamental doctrinal separation between a legal good focus on the victim's side and a conduct-based focus on the responsibility for a loss caused. Such a separation can only be meaningful, of course, if it stands for actually distinct kinds of normative consideration. Whether this is so can only be broached after a more detailed examination of the idea of protected individual rights in tort law.
Violation of a Right, Economic Loss, and Compensation
Authors: Jansen Nils , Steel Sandy 
Published: January 2022

AbstractThis chapter addresses the questions surrounding legally protected interests. A fundamental structural element of German tort law is that certain legal interests enjoy a general, as complete as possible, protection under the law, while the infringement of other interests only gives rise to compensation when rather strict requirements are met. Such a model of the law of delict raises the question of which legal interests deserve a specific mode of protection in tort law—what should count as an ‘other right’ (sonstiges Recht); in addition, it necessitates a precise delimitation of the protective scope of individual legal interests. From a European perspective, this conception has, at least prima facie, something strange and antiquated about it; for many, it is most unfortunate. On the one hand, for some the concept of a ‘non-material loss’ is implausible, and on the other there is frequently a need to compensate pure economic losses. While the first problem is of a primarily conceptual kind, the second amounts to whether pure economic losses should be included within a delictual general clause, or whether it would be desirable to create special modes of delictual protection. For both problems it is equally helpful to consider the background to, and normative meaning of, such a differentiated protection of different interests in tort law. This leads to the question of the doctrinal function of individual rights in tort law.
Challenging Cases
Authors: Langtry David , Lyer Kirsten Roberts 
Published: January 2022

Abstract
How does the Sub-Committee on Accreditation (SCA) approach its review of its institutions that are operating in conflict zones, authoritarian states, or in the midst of gross violations of human rights? This chapter examines specific cases in order to understand how the SCA has dealt with ‘challenging cases’. These are situations where the National Human Rights Institution is operating in a highly challenging national climate such as during a time of coup (Thailand, Honduras) or armed conflict (Afghanistan), where rule of law is under significant threat (Hungary and Poland), or where they or their members come under direct threat of harm (Togo).
Losing A-status
Authors: Langtry David , Lyer Kirsten Roberts 
Published: January 2022

Abstract
In the period of work of the Sub-Committee on Accreditation (SCA) covered by this book, there have been a number of National Human Rights Institutions (NHRIs) who have lost their Paris Principles compliant A-status accreditation following a special review or during the re-accreditation process due to either their actions or their inaction. This chapter examines some of these instances in a case-study format looking at Azerbaijan, Mauritania, Nicaragua, and Paraguay, as well as situations where NHRIs have been downgraded but not because of a failure to engage with the human rights situation but because of serious structural deficiencies, such as a structural change to the institution or financial issues.
Opioids overview
Authors: Hawley Pippa 
Published: January 2022

Abstract
This chapter describes and discusses the World Health Organization Cancer’s pain ladder, including modifications to reflect current practice, specifically the limited role for Step 2, and the need to consider a Step 4 of interventional pain management procedures and techniques. The chapter lists the characteristics of the commonly available opioid analgesics: morphine, hydromorphone, oxycodone and fentalyl, both generally and with specific reference to circumstances in which one opioid might be preferred over another, particularly renal failure. Buprenorphine and sublingual sufentanil are included. Methadone is coverd in a separate chapter and is not discussed in detail here. Common opioids side-effects are described, along with their prevention and mitigation recommendations. Opioid initiation and switching strategies are described, and the concept of opioid equianalgesic dosing ratios is explained. Tolerance and hyperalgesia are discussed with reference to opioid switching.
Somatic pain
Authors: Sellick Megan , Tarumi Yoko , Watanabe Sharon M. 
Published: January 2022

Abstract
Somatic pain is a subtype of nociceptive pain, arising from bone or soft tissue. With the skeleton being one of the most frequent sites of metastases, cancer-induced bone pain (CIBP) is one of the most commonly encountered somatic pain syndromes. Most patients with bone metastases will develop ‘skeletal-related events’ (SREs) (e.g. pain, fractures, spinal cord compression). CIBP usually manifests as continuous pain, with episodes of worsening pain, known as breakthrough pain (BTP). BTP can have ominous consequences for quality and length of life. The pathophysiology of CIBP involves mechanical instability, nerve damage and deformation, inflammation, and central nervous system sensitization. Diagnosis and treatment of CIBP require a multimodal approach, including pharmacotherapy, rehabilitation, surgery, interventional radiology, and radiation therapy. Risk factors for future complications must also be considered. Future research is required into efficacy, safety, and pharmaco-economic implications of novel therapies, and management of bone health effects from long-term opioid use.
Constipation
Authors: Hiebert Tim , Riel Stefan 
Published: January 2022

Abstract
This chapter examines the risk factors for constipation in the terminally ill patient, as well as explores the underlying pathophysiology of constipation in the setting of advanced illness. Normal bowel function requires coordination of gut motility with molecular transport across the bowel wall and reflexes of defecation. Disruption in any of these areas can affect normal bowel function. Unfortunately, in the setting of advanced illness, these factors are often disrupted. Patients nearing end of life often require medications to manage common symptoms related to terminal illness which often affect normal bowel function, adding another layer to consider when dealing with the patient’s constipation. Careful assessment, including history and physical examination, will be reviewed as they are needed to identify the best course of management. In certain situations, investigations and imaging may be required in order to better identify the cause. Many terminally ill patients are on opioids near end of life which are a class of medications notorious for causing constipation. This chapter will review the current evidence and management options for opioid-induced constipation, including a newer class of medications—the peripherally acting mu opioid receptor antagonists (PAMORAs).
Anorexia–cachexia
Authors: Baracos Vickie , MacDonald Neil 
Published: January 2022

Abstract
Anorexia–cachexia afflicts a high proportion of patients with cancer and other chronic diseases in their advanced stages. Anorexia–cachexia is a problem which may be most clearly appreciated by caregivers, whose effort to adopt a nourishing role is frustrated. An onerous burden of care inexorably falls upon them, affecting their own health, mobility, and savings. For many patients, anorexia–cachexia commonly results in hospitalization for prolonged periods, thus further creating costs for their families and the State where public health programmes exist. The primary events driving cachexia include anorexia and altered metabolism. Tumour—derived factors instigate, and immune- and central nervous systems amplify and propagate anorexia-cachexia. Systematic screening for anorexia-achexia is needed to support early initiation of treatment. Active management of symptoms, amelioration of food intake (nutritional support), suppression of inflammation-related metabolic change (anti-inflammatory drugs or nutrients) and physical activity are needed. Novel therapeutic targets for anorexia-cachexia are currently under investigation.
Grief and bereavement
Authors: Farag Alexandra 
Published: January 2022

Abstract
This chapter reviews the current available literature on grief and bereavement. It looks at the important role a healthcare provider plays in the experience of grief. It also explores the ways in which the role of the healthcare provider impacts how someone copes during bereavement. It explores normal grief, anticipatory grief, complicated grief, and related conditions such as major depressive disorder, post-traumatic stress disorder, and adjustment disorders. It helps the clinician diagnose the aforementioned conditions and manage them appropriately. Finally, the chapter explores the impact the loss of patients has on clinicians and provides clinicians with strategies to manage their personal grief and grief in their professional lives.
Response to suffering
Authors: Dudgeon Deborah , Herx Leonie M. , MacDonald Susan 
Published: January 2022

Abstract
Suffering among those facing a life-limiting illness is a common phenomenon as terminal illness is an assault on the whole person. Suffering is experienced by the whole person and can be caused by, or manifest itself in, the physical, psychological, social, and/or spiritual/existential domains of an individual’s life. Suffering is unique to each individual and it is important to observe for emotional cues and assess the individual’s cultural background as it will also influence how suffering is expressed. Interventions to help reduce suffering can be categorized as: psycho-educational; meaning-centred; stress reduction; hope-centred; supportive–expressive; and spiritual and other. Non-physical forms of suffering may be intrinsic to the dying process and requires health professionals to be fully present in their encounters with patients; develop a trusting relationship and willingness to listen; and demonstrate that the patient’s concerns have been heard.
Public health palliative care
Authors: Marshall Denise , Barwich Doris 
Published: January 2022

Abstract
The increasing professionalization and specialization of palliative care over the last 40 years has had enormous impact and benefit for millions, especially with respect to symptom management. However, it may have also inadvertently created an expectation that all palliative care needs can and should be met through improving access to health services. Given the inherently social nature of dying, there is an urgent need to embrace palliative care as a public health issue and adopt models and approaches that allow communities, service delivery organizations, and policymakers to work together to improve well-being and quality of care, not just at end of life, but throughout the serious illness journey.