bluuebunny/crossref_metadata_2025_split huggingface dataset:
Introduction
Authors: Chen-Wishart Mindy , Sono Hiroo , Vogenauer Stefan 
Published: October 2022

Abstract
This chapter sets the scene for volume IV of the Studies in the Contract Laws of Asia. It describes the genesis and the main objectives of the series, i.e. to facilitate conversations between Asian jurisdictions and between them and ‘Western’ jurisdictions. It provides some basic information on the population numbers and the economic importance of the thirteen Asian jurisdictions covered (China, Hong Kong, India, Indonesia, Japan, Korea, Malaysia, Myanmar, the Philippines, Singapore, Taiwan, Thailand, and Vietnam). Moreover, it comments on the methodology employed throughout the volume and reproduces the guidance that the editors provided to the various contributors in order to ensure that their chapters cover roughly the same ground. This chapter concludes with an overview of the content of the further twenty-three chapters included in volume IV of the series.
Duress, Undue Influence, and Unconscionability under Korean Law
Authors: Tae-Yong AHN 
Published: October 2022

Abstract
This chapter explains and discusses legal devices dealing with oppression in contract law with respect to the jurisdiction of Korea, that is, duress, undue influence, unconscionability, fair trade regulation, together with references to good faith, public policy, social order, and related notions. Sections II and III of this chapter examine duress and economic duress and their problems and solutions. Section IV discusses the treatment of undue influence under Korean law. Section V reviews unconscionability and unfair exploitation under Korean law (called ‘unfair juristic act’) based on analysis of a number of cases, and mentions the ultimate limitation of contract law in handling cases of oppression and the role of fair trade regulations. This chapter especially focuses on the problems of socioeconomic oppression, and reviews the concept of economic duress in the common law and examines its theoretical viability and practical effectiveness as a premise for comparative legal analysis of and more informed discussion on the roles of unconscionability, public policy, social order, fair trade regulation, and other devices in the law in order to cope with various socioeconomic phenomena of oppression. This chapter takes the perspective that the areas of duress, unconscionability, and related notions define the boundary of immunity for the parties so that they are in fact the shadow of party autonomy; also, as indispensable aspects of our discourse on fairness, they are important gateways to access the more general and elusive problem of fairness.
Invalidity of Contract in Thai Law: Defects in Consent
Authors: PONGSAPAN Munin 
Published: October 2022

Abstract
A product of legal borrowing, the Thai CCC has mostly basic rules to deal with defects of consent that can be found in major civil codes, especially the German and French Civil Codes. The rules seem systematic and simple to a certain degree. Mistakes can be self-motivated or induced by fraud. Whether they render the contract void or voidable depends on the type of mistake. Fraud can be made by a positive act of a contract party, by non-disclosure of a party, or by a third party. They all can lead to a voidable contract. Duress is the least popular ground to set aside contracts in court. Thai contract law still has a picture of a party violently forcing the other party to enter a contract, while most jurisdictions have developed their law to tackle the situations where a party misuses her influence over the other contracting party or a party exploits the other parties’ vulnerabilities without engaging in or threatening a wrongful act. The absence of the concept of unfair exploitation is one of the two major drawbacks of Thai contract law in relation to defects of consent. The second major disadvantage is a complete lack of remedy for the mistaken party, the party deceived, and the party threatened. They can only claim the nullity of a void contract or avoid the voidable contract. The invalidity of the contract does not entitle them to the right to claim damages. The two major drawbacks are consequences of imperfect legal borrowing.
Invalidity Due to Defects of Consent in Vietnam
Authors: Nam DO Giang , Kien TRAN 
Published: October 2022

Abstract
This chapter discusses invalidity of contract in cases of defective consent under Vietnamese law. To deal with such issues, rules on mistake, fraud, and threat are laid down in all three generations of the Vietnamese Civil Code (VCC) to grant protected parties the right to avoid a contract that does not truly reflect their intention. Nevertheless, as the new 2015 VCC is designed as an instrument to facilitate the market economy, it must also take into account the importance of ensuring legal certainty, as enshrined by the principle of pacta sunt servanda. Arguably, the 2015 VCC has failed to provide a sensible balance between the two conflicting aims: that of realizing the true intentions of the parties and that of protecting the reliance of the non-mistaken party on the contract. On the one hand, unidirectional concerns about protecting one party from defects of consent have steered the drafters of the 2015 VCC to make rules that, especially in the case of mistakes, go beyond the acceptable balance, thereby creating the risk of a flood of litigants seeking to avoid agreed contracts. On the other hand, a strict adherence to the traditional doctrines of defects of consent including mistake, fraud, and threat has made the Vietnamese legislator miss a golden opportunity to integrate the modern doctrine of unfair exploitation into the 2015 VCC.
Invalidity of Contracts in Asia: Comparative Conclusions
Authors: BEALE Hugh 
Published: October 2022

Abstract
This chapter surveys the national reports on invalidity in the different jurisdictions and attempts to draw some conclusions. On some topics, it finds close similarities in both reasoning and results; on others there are marked contrasts in both analysis and outcome. For example, in laws heavily influenced by the Napoleonic or the Germanic systems, the focus is on the victim, the party seeking relief; and relief may be given on the basis that the victim only agreed to the contract because her consent was impaired; while the ‘common law’ systems focus on the other party’s behaviour. Thus, in the civilian-based laws A may be able avoid the contract on the ground that she was mistaken as to the facts, and would not have entered it had she known the truth; in the common law systems, A will be given relief only if her mistake was caused by a misrepresentation by B. Nor do the common law systems accept ‘fraud by silence’. So in cases of ‘self-induced’ mistakes of fact, outcomes under the civilian systems are very different to those under the common law systems. The chapter ends by asking why these differences persist: path dependency? Differing views on the proper role of contract law in society? Differences in the type of case that come before the courts, or envisaged by the legislator, in each country? Or is it simply that lawyers from one kind of system have seldom considered systems with a different pedigree?
Religion and the Rise of Sport in England
Authors: McLeod Hugh 
Published: October 2022

Abstract
Sport is everywhere—whether on television, social media, or press, and even in politics. This modern sporting world has been a long time in the making, and at each stage religion has played a part. In the early nineteenth century this was largely negative. Evangelicals led campaigns to suppress sports based on gambling and those deemed cruel, brutal, or disorderly. But in the second half of the century there was a reconciliation between religion and sport. Religious campaigners turned from attacking ‘bad’ sports to promoting ‘good’ sports. ‘Muscular Christians’ and later ‘muscular Jews’ strove for a balance between ‘Body, Mind, and Spirit’. They founded clubs, first for boys and young men, but from the 1890s increasingly for girls and young women also. In the first half of the twentieth century churchgoing was gradually declining. But churches continued to act as centres of the community. Church-based sport reached a peak in the interwar years. Saturday was still the main day for sport, and professional sport on Sunday was taboo. The years since the 1960s have seen dramatic changes in both religion and sport. The commercialization of sport has reached previously unimagined levels. Religion has seen contradictory trends, including accelerating secularization, the multi-faith society, and a resurgent Evangelicalism. There has been the death of the ‘English Sunday’, the formation of Muslim Cricket Leagues and Christian Football Leagues, and Muslim and Christian stars who are outspoken about their faith. Meanwhile, others claim that sport is the new religion.
‘Every Man Is Born with a Body As Well As an Intellect and a Soul’
Authors: McLeod Hugh 
Published: October 2022

Abstract
The tensions described in Chapter 2 gradually slackened from about 1850, as powerful voices within the Church of England, including those of parish clergymen, popular novelists, and headmasters of public schools, began to call for a more positive view of sport. Two factors were of paramount importance in this change. One was the social crisis of the 1830s and 1840s. Churchmen recognized that lack of time and facilities for recreation was one of the grievances of the working class and they hoped that sport might be a means of reconciliation between the classes. A second was a reaction against what were seen as the puritanical excesses of many Evangelicals, and the rise of the Broad Church movement. This provided the most influential exponents of what came to be called ‘muscular Christianity’. Muscular Christians espoused a new kind of masculinity, which accepted some aspects of the older ideal of ‘the sportsman’, while rejecting others, and pointing ‘manliness’ in different directions. Gradually the new ideas came to be accepted by those in other church parties and then in other denominations. This chapter examines these debates, and also the increasingly proactive role of the churches and other religious organizations in pushing sport in new directions.
‘Our Congregations Have Migrated to the Playing-Fields, the Golf Course, and the River’
Authors: McLeod Hugh 
Published: October 2022

Abstract
From about 1890 churchgoing was in decline and the decline continued, with few interruptions, through the twentieth century. Although the churches had actively promoted sport in the later Victorian years, some historians have suggested that that this was an ‘own goal’ and that sport was replacing religion in many people’s lives. This chapter examines the connections between sport and secularization, arguing that there is a connection, but that it is indirect. It examines two aspects of the subject: first the difficulties caused for Jews by sport on Saturday and for Christians by the gradual growth of Sunday sport; and second, the wider question of the great reaction against puritanism and all things ‘Victorian’ from the 1890s. For some people rejection of ‘puritanism’ meant rejection of religion and sometimes embracing sport as a new ‘religion’; but the anti-puritan reaction could also take religious forms, leading to reform rather than rejection. Indeed the sporting enthusiasm of the churches reached new heights in the interwar years.
‘Jesus Christ was a Sportsman’
Authors: McLeod Hugh 
Published: October 2022

Abstract
‘Diffusive Christianity’ is the term used by some historians to define the religious situation in the first half the twentieth century. It well defines the combination of a weakening of the religious zeal of the Victorian period with a continuing acceptance of the fact that England was ‘a Christian country’ and that both religion and sport were essential parts of the national culture. The sports columnist of a Coventry paper went so far in 1934 as to claim that ‘the principles and aims of the Churches are akin to those of sport.’ And a Lichfield vicar declared in 1950 that ‘Jesus Christ was a sportsman.’ This symbiosis was reflected in the ‘Sportsmen’s Services’ and ‘Football Sundays’ which continued from the 1890s to the 1970s, reaching a high point in the 1930s. Throughout this period, though with the peak probably being again in the interwar years, church and chapel, as well as the YMCA and YWCA, played a large role both in men’s and in women’s sports, though they never formed a separate sporting world as happened for a time in other parts of Europe: the deepest divisions in English sport were those of class, not of religion or politics. Church-based sport declined gradually after World War II and then much more rapidly from the 1970s.
Conclusion
Authors: McLeod Hugh 
Published: October 2022

Abstract
This chapter begins by placing England in an international context. By comparison with, for example, France or Ireland, the role of politics in English sport has been smaller, and though the role of religion has been important, it did not lead to the emergence of separate sporting worlds in the way that happened in some other countries. The deepest divisions have been those of class and gender. The continuing relevance of these is discussed before summarizing the role, both positive and negative which religion has played in the development of English sport, and the oscillation over time between antagonistic competitive and mutually supportive relationships between them. While overt antagonism is now rare, the relationship is still in some respects competitive. In particular, many aspects of elite sport raise ethical issues. The chapter considers some of the challenges which religiously committed athletes may face, before considering the burden of exaggerated expectations carried by sport in the contemporary world.
The Gujarat Model and the Turn to the Right
Authors: Hasan Zoya 
Published: October 2022

Abstract
The 2014 election was a landmark event in Indian politics. For the first time, India elected a right-wing party with an absolute majority in parliament. The dramatic victory of the BJP signalled a change in the discursive and ideological space of Indian politics. The Gujarat model was the political vehicle for this change. It was presented as an alternative to the United Progressive Alliance (UPA) government which was attacked for ruining the economy. The chapter delineates the significant role of the Gujarat model in BJP’s victory in 2014, even though this model was deeply problematic in economic, social, and political terms. Within a few years, the model had been exposed for what it really was: uneven development and a textbook case of what development and politics should not be. The chapter examines the role of the Gujarat model in the 2014 elections and the diffuse and undirected structure of the Congress response, among various reasons that contributed to its massive defeat in 2014 and to the ideological shift to the Right in this election.
Our Second Principle
Authors: Magri Tito 
Published: October 2022

Abstract
Because of the First Principle, the nature of our representation of objects is such that it cannot account for ideas we have and ordinarily apply. By nature it is sensible, particular, object dependent, and locked on actuality; non-inferential and non-conceptual. Naturalistically overcoming the natural limits of representation seems paradoxical. To overcome the paradox, the Second Principle introduces the work of the imagination: producing non-representational contents that complement object representation and make possible ordinary and philosophical cognition, which is general, aspectual, modal, inferential, and includes ideas like causality, body, and self. Imagination conceives context-detached ideas, which it transposes, composes, and associates. The inferential transitions that produce these cognitive changes are the primary activity of the imagination. Hume secures such an explanation against circularity by distinguishing in the structure of the imagination, our inferential faculty, a reasoning part, which compares ideas and their relations, and one engaged in immediate transitions, determined by non-representational principles.
A Just Inference
Authors: Magri Tito 
Published: October 2022

Abstract
Hume’s account of the idea of cause addresses the main cognitive gap of object representation: not providing a unitary, wide-ranging view of reality. Its role of making it possible to infer the existence of unobserved objects has no explanation in sense and memory or the a priori. Hume’s analysis of the idea of cause shifts its content from representation to inference. He thus looks for an account of it in the nature of causal inference. The crucial step is the identification of experience as the source of causal inferences. Here Hume finally individuates the cognitive gap of causation: the missing idea of a uniform course of nature. Only the imagination can put in place the missing idea. Custom, the most important functional principle of Hume’s imagination, produces this idea in the guise of the inferential potentials of the ideas of constantly conjoined objects, which, correspondingly, become the ideas of causes and effects.
The Ideas which are Most Essential to Geometry
Authors: Magri Tito 
Published: October 2022

Abstract
Spatial and temporal ideas are closer than causal ideas to sensible representation. The representational dimension of these ideas is their dependence on and resemblance to visual and tactile impressions and internal experiences. Such impressions and experiences are necessarily complex, consisting in simple impressions with manners of disposition. Neither of such constituents can be alone the source of the corresponding ideas. The finite divisibility of the ideas of space and time complements and supports their representational character. This layer of representational, spatial, and temporal content still has gaps that only the imagination can close. The fundamental ideas of geometry, in particular the idea of an exact equality of size, can only be explained with the practice of measuring sizes and correcting our measures and with its effects on the transitions of the imagination. The ideas of an empty space and time, required by metaphysics and by natural philosophy, also issue from the imagination.
The World as Something Real and Durable
Authors: Magri Tito 
Published: October 2022

Abstract
Hume’s theory of the external world deploys a complex background of cognitive gaps and operations of the imagination. Hume denies that sensible representation or causal reasoning give us the idea of external world. He proposes two accounts of how the imagination produces the idea of body, one based on the coherence of perceptions and on causal reasoning, the other based on the represented resemblance or constancy of perceptions. The two accounts are nested. The second is fundamental but beset with more difficulties, because it includes the problematic idea of identity and the corresponding, constitutive principles of the imagination. Our idea and belief of body do not achieve true cognitive stability. They take two forms, vulgar and philosophical, neither of which we can fully vindicate, even though the first is at least consistent. This makes the idea and belief of an external world, while non-negotiable, a source of scepticism.
War in Kashmir 1947–1948
Authors: Iqbal Aashique Ahmed 
Published: October 2022

Abstract
Civil and military aviation helped initiate, sustain, and then escalate India’s war in Kashmir. This chapter studies three incidents in the war in Kashmir; the Srinagar airlift, the siege of Punch, and the bombing of Palak. Indian airline companies were crucial to airlifting troops to Srinagar in October 1947 when Kashmir was in danger of being overrun by invading tribesmen initiating a conflict that pitted India against Pakistan. Aircraft also kept the besieged town of Punch supplied permitting India to sustain military operations in Kashmir in the face of daunting terrain and weather. While air power initially permitted India to manage escalation as the conflict wore on it contributed to the escalation of the conflict through the bombing of Palak which resulted in massive Pakistani relation. Higher Indian defence policy would be profoundly influenced by the conflict, entrenching the Royal Indian Air Force.
Happiness, Rationally Conceived
Authors: Grenberg Jeanine M. 
Published: October 2022

Abstract
In this chapter, we defend Kant’s Deontological Eudaemonism: Kant defends a contentment of self in the exercise of the free aptitude for virtue, a notion which constitutes a practical version of the formal aesthetic pleasure one takes in the harmony of one’s intellectual faculties (now a harmony in which one experiences the alignment of one’s rational will with one’s choice), and which is essentially identical with the Aristotelian claim that one takes intrinsic pleasure in the unimpeded activity of one’s proper function. And because this is pleasure in that activity which defines the essence of a sensibly affected rational being, we call it not just contentment but intellectual or rational happiness. We conclude with two caveats: even the fully virtuous agent must experience her pleasure alongside an attitude of humble vigilance; and extreme experiences of suffering outside of one’s control can undermine the otherwise necessary coincidence of virtue and rational happiness.
Objectivity
Authors: McGrath Alister E. 
Published: October 2022

Abstract
This chapter explores Karl Popper’s ‘World One’, dealing with the objects of the external world. It notes the difference between unbiased and disengaged human engagements with nature. Whereas most natural sciences stress the importance of objectivity, natural philosophy sees this as only one aspect of the human engagement with the natural world, which must be extended to include experiences of awe and wonder, and the perception of beauty. This is followed by a critical account of forms of ‘scientism’, including Edward O. Wilson’s influential work Consilience, which marginalize the humanities or any consideration of the affective or aesthetic dimensions of nature. The problems of this approach are brought out by considering the debates between scientism and neo-Confucianism in twentieth-century China, which highlighted the need for a richer account of the natural world than that offered by the natural sciences on their own.
Impact of COVID-19 on the Indian Economy
Authors: Shettigar Jagadish , Misra Pooja 
Published: October 2022

Abstract
The Covid-19 pandemic has resulted in a global health outbreak leading to a humanitarian and economic crisis for countries across the world. Concrete steps to limit the spread of the virus and its ensuing impact on the economy were undertaken by the Government, ranging from a nationwide lockdown to localised lockdowns once the fatality of the virus started abating. Businesses were brought to a halt, resulting in demand and supply chain disruptions, leading to unemployment and adversely affected economies worldwide. In a nutshell, the chapter analyses the impact of the pandemic on the Indian economy. With the onslaught of the virus wreaking havoc on economies, it discusses the global outlook and impact of the lockdown on economic activities in India and sectors such as agriculture, industry, services, external trade etc.
Socio-Economic Cost of MSP
Authors: Shettigar Jagadish , Misra Pooja 
Published: October 2022

Abstract
It is time to debate the socio-economic cost of making the Minimum Support Price (MSP) mandatory. The farmers’ demand was to repeal the three farm laws. The MSP is in order to protect farmer interests when the market crashes to the disadvantage of farmers. With eyes closed, one would agree that the Government cannot afford to do away with this scheme. Rather, even after bringing in the ordinance on the farm reforms in May 2020, the government continued the practice of revising the MSP upwards and procurement at a higher MSP had taken place. The chapter discusses the pros and cons of the requirement of making MSP into a law.