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This book challenges the orthodox approach to the analysis of unjust enrichment, developed by Peter Birks and adopted by the House of Lords and Supreme Court in a series of later decisions.It does so in 3 ways. First, the book argues that the Birksian model fails to fit some typical situations unless the language of the formula is stretched to the point of being artificial. For example, "enrichment" is now just a term of art.Secondly, the Birksian model fails to provide a normative justification for the courts awarding recovery in unjust enrichment claims. For example, it offers no explanation on the basis on which an "unjust factor" should be categorised as "unjust". Thirdly, and most fundamentally, the book rejects the Birksian approach of adopting a top-down academic theory of unjust enrichment and ignoring the authorities which pre-date its adoption by the House of Lords. Instead, the book seeks to arrive at a theoretical understanding of unjust enrichment by tracing the historical development of this area of the law through the authorities and commentaries from the 18th century onwards, and analysing the reasoning of the judges and scholars.
Object Lessons is a series of short, beautifully designed books about the hidden lives of ordinary things. Fog, a cloud that touches the ground, marks the fuzzy and shifting boundary of just how much (or little) we are willing to tolerate the natural world. Viewed from beyond the fog line, it is picturesque, the stuff of postcards and viral videos; yet from within it is a menace, responsible for travel delays and accidents-including the deadliest airline disaster in history-and is a vessel of terror and contagion. Stephen Spark's Fog traces the brief history of fog from the mid-19th century, when Oscar Wilde claimed that fog was invented, to the 21st-century Pacific coast, where scientists believe fog may be going extinct, to reveal a history of our conflicting desires to eliminate and appreciate fog. Object Lessons is published in partnership with an essay series in The Atlantic.
Rebellious Jurisprudence is the first attempt to construct a theory of judicial dissent as a matter of general international law. Although dissenting and separate opinions are typically associated with the common law tradition, the right of judges to issue such opinions has been recognised and reproduced across most international tribunals. Despite this, until now no attempt has been made to theorise the institutionalisation of judicial dissent in international law and its implications for how international tribunals discharge their functions. This study offers a theory of judicial dissent that addresses its ubiquity in international law, notwithstanding the often-fundamental disagreement between the principal legal cultures as to its effects. Rebellious Jurisprudence explores how insights from social anthropology - specifically ritual theory - supplement conventional accounts of judicial dissent. Whereas existing literature focuses upon 'revolutionary' or 'radical' dissent, this study expands our field of focus to sharpen our understanding of the 'everyday' dissent: the (rebellious) 'institutional dissent'.By revealing how judicial dissent operates, and to what ends, Rebellious Jurisprudence is essential reading for those who regularly engage with judicial dissent by international judges - whether judges, practitioners, scholars or students - who seek to deepen their understanding of, and in turn enhance the accuracy and effectiveness by which they engage with, this burgeoning body of jurisprudential activity.
In the 19th century, chemists introduced hundreds of new textile dyes that dramatically changed the palette of women's fashion. Color, Science, and Fashion explores how middle-class female consumers in Great Britain and the United States welcomed these 'splendid hues' for their variety and brilliance, generating a common culture of chemistry and fashion. Concentrating on the mid-19th century as a key period of textile development, Charlotte Nicklas examines how contemporaries celebrated this rainbow of fashionable textiles as a vivid illustration of scientific progress and modernity. At the same time, fashion's use of novel dyes encouraged women to engage with science in their everyday lives, and to test the boundaries of sartorial etiquette with the bright colors which were now available. Lavishly illustrated and drawing on a range of archival materials, surviving objects, and textual sources, the book reveals a transatlantic network of dye chemists, fashion journalists, and female consumers. Situating color and science within broader discussions of propriety and modernity in female clothing, the book proposes a new, multidisciplinary interpretation of 19th-century women's dress. Both accessible and packed with original research, the book is ideal for students of cultural studies, material and visual culture, and anyone interested in fashion and dress history.
Soil Health Assessment: Technology, Theory and Practice provides up-to-date coverage on the state- of-the-art in soil health assessment, outlining both the technology used in the field and the most effective methods for sample analysis and soil health quantification. Beginning with a review of the links between soil characteristics and soil health, the book outlines laboratory techniques for assessing soil chemistry, organic matter content assessment, soil structural assessment and soil biology indicators. Smartphone technology for soil health indicators, decision support methodologies for land management, and spatial datasets relevant for soil health are also discussed. Drawing on the experience of its expert editors and authors, this book presents a practical guide for soil scientists, environmental scientists, ecologists and all those who would benefit from rapid, innovative soil-assessment technologies and methods in their own work.
Immigration crises faced by the United States today show the interplay between areas of global law and policy that might at first glance seem quite disparate-economic law, human rights and refugee law, and criminal law relating to the trafficking and smuggling of migrants. This book is largely dedicated to unpacking those dynamics and ultimately argues that reform efforts must be expanded.
Are personal relationships deeper and more intimate than ever before or are they increasingly empty and structured by selfish individualism? This exciting new book examines the question in a wide--ranging discussion of the nature of intimacy, focusing on key relationships between parents and children, families, sexual partners, couples and friends.
The Aspen Art Museum's biannual magazine continually brings together pieces by artists, curators and writers alongside reprints of previously published texts that explore specific aspects of contemporary art and foster conversations. Issue VI delves into the subject of family and community.
Using previously unpublished photographs, Dave Angell tells the interesting story of Telford Steam Railway.
Explore the rich history of the town of Southport in this guided tour through its most fascinating historic and modern buildings.
Gibbs (or DLR) measures are the main objects in classical equilibrium statistical mechanics. Statistical mechanics deals with models from mathematical physics and chemistry where one is interested in, for example, some average behaviour of an interacting system subjected to some noise. They were originally introduced as probability measures on systems of infinitely many particles in infinite volume, satisfying a set of consistent conditional probabilities. Probability measures captured the uncertainty or noise of the state of the system. Gibbs measures also play a role in various other domains, such as Dynamical Systems, ergodic theory, spatial statistics and pattern recognition.
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