bluuebunny/crossref_metadata_2025 huggingface dataset:
Recent Patterns of European Merger Activity
Authors: Geroski* Paul , Vlassopoulos† Anastassios
Published: November 2023

There is widespread agreement with the view that the full potential of the internal European market has yet to be realized. Many politicians and business people think that industrial restructuring through merger may be an important part of the process of change brought about by completing the internal market in and after 1992. European enterprises are thought to have been held back from fully exploiting scale economies by the limited size of their own national markets and, as a consequence, are too small to be competitive in world markets. The solution, it is thought, is the development of competitive advantage achieved through the enhanced cost efficiency that rationalization may bring, and merger is one way to realize these scale-related benefits. Our goal in this chapter is to describe merger activity both within Europe and between Europe and the USA, tracing patterns of activity from the early 1980s when the promise of a single European market began to be taken seriously. The data suggest that cross-border merger activity is a very modest proportion of total merger activity and that most cross-border mergers take place across the Atlantic. On the whole, it is difficult to see such a pattern of merger activity as being consistent with a rational response to the opportunities opened up by 1992.
Introduction And Overview
Authors: Buckley Peter , Michie Jonathan
Published: November 2023

The literature contained and reviewed in this volume represents a strand of intellectual endeavour that has a broad relevance. The concepts it raises have widespread applications, particularly to business behaviour and the planning of corporate strategy. The practical scope of its application covers:

This extensive list suggests that this volume should be of interest not only to those academics, practitioners, and students who define themselves as economists, but also to those involved with corporate planning, business strategy, international business, organizational behaviour, human resource management, finance, and accountancy. Many of these readings are suitable for MBA courses and modules for which students need to display a fundamental grasp of key concepts.
The Equilibrium Of the Firm
Authors: Kaldor Nicholas
Published: November 2023

The exploration of the conditions of equilibrium of the individual firm has in recent times occupied to an increasing degree the attention of economists. This, as should be evident, was a necessary development of the so-called ‘particular equilibrium’ method of analysis developed by Marshall and especially of the conception of the ‘supply-curve’: the postulation of a definite functional relationship between price and rate of supply in the various industries. The latter, though an integral part of the Marshallian system, was by no means such a straightforward self-evident conception as its counterpart, the demand curve. The reasons for this asymmetry are not far to seek. The assumption that buyers respond to price stimuli in a definite and unequivocal manner (which is all that the demand curve implies) can be deduced from the general proposition that they have a definite system of wants and act in accordance with it; that is to say, it can be directly derived from the general postulates of the subjective theory of value. But the assumption that sellers do the same is a much more complex affair-at any rate in a world where production is carried on on a co-operative basis.
Organization : New Concepts For New Forms
Authors: Miles Raymond E , Snow Charles C
Published: November 2023

These are turbulent times in the world of organizations. Following a decade of declining productivity and failed organizations, many US companies in the eighties have been forced to rethink their competitive approaches. Rapid technological change, as well as shifting patterns of international trade and competition, have put intense strain on these organizations’ ability to keep pace with a set of new and often unpredictable competitors. One prominent executive, describing the current business landscape, says, ‘Not only is it a competitive jungle out there, new beasts are roaming around that we can’t even identify’.
The Adverse Selection Problem
Authors: Macho-Stadler Ines , Perez-Castrillo J David , Watt Richard
Published: November 2023

In this chapter we study the adverse selection problem, which is present when, before the signing of a contract, the party that establishes the conditions of the contract (the principal) has less information than the other party (the agent) on some important characteristics affecting the value of the contract. In a simple adverse selection framework, with one principal and one agent, the fundamental conclusions obtained from the analysis are the following. First, it is optimal for the principal to offer a self-selecting ‘menu’ of contracts, i.e. the principal will prepare a contract format for each possible agent type, establishing terms such that each agent type will choose to sign that contract that was designed for his type. Secondly, within the optimal contract menu, the worst agent (that agent who, given his private characteristics is not interested in passing himself off as some other type), will obtain exactly his reservation utility, while all other agent types will achieve an informational rent. Finally, the only efficient contract will be that designed for, and signed by, the best agent (that agent type for which no other agent types wish to pass themselves off), since the other contracts will be distorted in order to limit the informational rent.
Motives
Authors: Child John , Faulkner David
Published: November 2023

People have cooperated since the time that evolution enabled them to make decisions and take actions (Ridley 1996). They have also competed and sometimes fought each other to the death. It is important in any examination of cooperative strategy to isolate the conditions that make cooperation more likely; in other words, the motives for cooperation. This chapter examines some of the more salient of these motives.
Culture
Authors: Child John , Faulkner David
Published: November 2023

This chapter examines the ways in which culture can impact upon the implementation of cooperative strategies. H shows how culture can create barriers to collaboration between organizations, and yet how, at the same time, the knowledge embodied in cultures can provide a valuable resource for an alliance. We ask what culture is, why it is relevant for cooperative strategy, what specific consequences culture can have, what policy options there are for managing cultural diversity within alliances, and how cultural fit can be achieved.
The Management of New Product Development
Authors: Dodgson Mark
Published: November 2023

One of the primary aims of companies’ investment in research and development (R & D) is to produce new and improved products. As we saw in the previous chapter, the results from R & D investment can be intangible. They may, for example, increase the understanding of scientific principles underpinning a company’s products, and can provide options for the future through the creation of intellectual property rights (IPR). They may improve the company’s ability to manufacture new products. The major aim of corporate R & D, however, is to combine technological and market opportunities to produce differentiated goods and information (new and improved products and services) that convey competitive advantages. These products can be sold or licensed for royalty income.
The Cornerstones of Competitive Advantage: A Resource-Based View
Authors: Peteraf Margaret A
Published: November 2023

In recent years, a model of how firms compete, which is unique to the field of strategic management, has begun to emerge. Known as the ‘Resource-Based View’, it is regarded by some as having momentous potential as a paradigm for our field. Others wonder whether this emergent model provides much additional insight over traditional understandings. Admittedly, resource-based work is consistent with and rooted squarely in the policy research tradition. The notion that firms are fundamentally heterogeneous, in terms of their resources and internal capabilities, has long been at the heart of the field of strategic management. The classic approach to strategy formulation, for example, begins with an appraisal of organizational competencies and resources (Andrews, 1971). Those which are distinctive or superior relative to those of rivals, may become the basis for competitive advantage if they are matched appropriately to environmental opportunities (Andrews, 1971; Thompson and Strickland, 1990).
What is borderline personality disorder?
Authors: Krawitz Roy , Jackson Wendy
Published: November 2023

BPD is a recognizable real condition that deserves attention and treatment. BPD is a term given to a condition with a collection of features. To meet diagnostic criteria for BPD you will need to have five or more of the listed features in the DSM-IV criteria. Whether you choose to call your condition BPD or not, is not important. Diagnosis can serve as a guide to effective and compassionate treatment. Alternative names for the collection of features that we call BPD exist. We have adapted the formal technical diagnostic criteria used by professionals into a series of questions using common use language. If you are wondering whether you might have BPD, ask yourself the questions in Table 3.1.
Strategy, knowledge, appropriation, and ethics in HRM
Authors: Kamoche Ken
Published: November 2023

Are people valuable to the organization? Do they add value? Do they constitute a strategic asset? These are some of the questions that have shaped the HRM debate particularly in the last decade or so. They are important questions, and the associated debate has spawned an extensive literature which continues to bring us closer to understanding what it really means to manage people (Kamoche 2001; Legge 1995; Mabey, Salaman, and Storey 1998; Storey 1992). The interpretations of what is really happening in HRM range from the sceptical and cynical to the optimistic and laudatory.
Direct Compositionality and Variable-Free Semantics: The Case of “Principle B” Effects
Authors: Jacobson Pauline
Published: November 2023

This study starts from the premise that the hypothesis of direct compositionality (DC) is the simplest among current competing hypotheses as to the organization of the grammar, and so should be rejected only in the face of strong evidence to the contrary. The plot of this paper, therefore, is as follows. First I discuss the fact that under at least a reasonably strong version of direct compositionality, we would not expect to find constraints on non (strictly) local chunks of representations (especially constraints which ultimately affect the possible range of interpretations of some sentences). For under a strong version of direct compositionality, the grammar has no way to state such constraints.
Jurisdiction Based on Subject-Matter Connection with England
Authors: James Michael
Published: November 2023

The jurisdiction of the English courts can often be based on a connection between the subject-matter of a case and England. Thus, the English courts (probably)have jurisdiction over a claim by an English consumer against a supplier domiciled in a Member State of the EU in respect of an internet purchase made on a website accessed in England. Numerous other types of connection will suffice, as set out below by reference to different categories of case. If the defendant is domiciled in an EU Member Stateor Lugano State, the Judgments Regulation or other similar European instrument will generally determine what connection is required to give the English courts jurisdiction.
Issuing and Serving Proceedings
Authors: James Michael
Published: November 2023

There is a fundamental distinction between proceedings where jurisdiction is derived from one of the European jurisdiction regimes (that is the Judgments Regulation, the Modified Regulation, the Lugano or Brussels Conventions) and proceedings where jurisdiction is based on the traditional rules. CPR, rr 6.32–6.34 apply where jurisdiction is based on the European regimes. They provide that the proceedings can be served out of the jurisdiction without permission, but a notice setting out the basis for the court’s jurisdiction must be filed and served with the claim form.
Challenging Service and Jurisdiction
Authors: James Michael
Published: November 2023

The complex rules for service of the claim form, and other documents, are set out in chapter 9. As explained above, they are particularly difficult with respect to service abroad, in part because the law of the place of service has to be taken into account. The pitfalls for the claimant and the opportunities for the defendant are numerous. If service is not effected in accordance with the rules, it may be set aside. At best, the claimant will merely have to go through the hoops again, this time getting the procedure right. However, the problem may be irremediable, and it may not be possible to pursue the claim in England. It may now be time barred, or the courts in a foreign jurisdiction may have acquired priority.
Interim Remedies
Authors: James Michael
Published: November 2023

When a case has a foreign aspect, the usual interim remedies such as summary judgment, interim payment, interim injunctions, and freezing orders will potentially be available. Sometimes the foreign element will not affect the remedy. In other cases, it will have an impact on whether the remedy is granted or in what form. It may be possible to obtain a remedy of this type from a foreign court in order to assist the English proceeding see by freezing assets in a foreign country. Finally, if there are proceedings in a foreign country, interim remedies may be available in the English courts to assist, or impede, those proceedings.
The Foundation of the Tudor Dynasty
Authors: Anglo Sydney
Published: November 2023

ON 22 August 1485 the ‘tragicall doynges of king Richard the iij’ came to an abrupt end amidst the melee of Bosworth Field. Henry of Richmond mounted the hillside and thanked his soldiers, while the battered golden circlet, which Richard had worn into battle, was recovered from the ‘spoyle of the feilde’ and set upon the victor’s head as though he had been ‘already by commandment of the people proclamyd king after the maner of his auncestors, and that was the first signe of prosperytie’. Fortescue had written that the right of kingship could not be transferred by anything less than an election or disposition of God ‘known openly by manifest, certain and authentic revelation’. Such an act had now taken place. The God of Battles had declared himself in favour of Henry, slain his rival, and yielded him the Crown.
Universal Peace and the Field of Cloth of Gold
Authors: Anglo Sydney
Published: November 2023

AT the end of 1514 English foreign policy enjoyed a triumph when a treaty with Louis XII-arranging a formal peace and marriage alliance-nullified the wiles of Ferdinand and Maximilian, who had themselves been negotiating with France. But, ere long, the deaths of Louis and Ferdinand brought about the accession of the bellicose Francis I in France, and Charles of Burgundy to the Spanish inheritance. Francis quickly came to terms with his rivals, and proceeded to dazzle Europe with his victory at Marignano; while Charles, wishing to secure his own territorial claims, had to renew peace with Francis at Noyon in August 1516. Maximilian adhered to this treaty at Brussels in January 1517, and two months later Francis, Charles, and Maximilian made a fresh league for the partition of Italy-an arrangement from which England was carefully excluded.
Some Economic Concepts
Authors: Guy Frederick
Published: November 2023

This chapter consists of brief summaries of some economic tools and theories that are used throughout the book. Specifically, it deals with the standard theory of international trade, increasing returns, and implications of increasing returns for the theory of trade. Those familiar with one or more of these areas should probably just skim the relevant sections. Some readers will prefer just to skip this chapter, and refer back to it if and when that is necessary for understanding the chapters that follow.
Fordism, or the Golden Age of Mass Production
Authors: Guy Frederick
Published: November 2023

Hitler once said that he never would have attacked the Soviet Union had he known it had so many tanks. That it did have so many may surprise us today as much as it surprised Hitler. Pre-Soviet Russia had been an industrializing country, but it was not a great industrial power. Its experience in World War I was costly, and that was followed by years of civil war. After the civil war, the road to establishing a centrally planned system of industry was excruciating: forced collectivization of agriculture leading to reduced food output, further civil strife, and many deaths in the famine of the early 1930s; an industrial system which is now generally regarded as having been terribly inefficient; to say nothing of a leader who killed of most of his top officers just before the war.
The Business Context for the Management of Technological Innovation
Authors: Dodgson Mark , Gann David , Salter Ammon
Published: November 2023

Managing technological innovation requires an understanding of both the broad industrial and business context in which it occurs and the nature of the innovation process itself. Managers need to know what drives innovation and the different forms it takes. This chapter examines the changing nature of industry and business, with sections on technological change, the knowledge economy, business and innovation systems and networks, the changing nature of management, and globalization. Chapter 3 examines the innovation process.
The Management of Product and Service Innovation
Authors: Dodgson Mark , Gann David , Salter Ammon
Published: November 2023

One of the primary aims of companies’ investment in R&D is to produce new and improved products and services. The results from R&D investment may be intangible. They may, for example, increase the learning and understanding of scientific and technological principles underpinning a company’s products, provide options for the future, and create IPR—a subject examined in Chapter 9. The major aim of corporate R&D, however, is to combine technological and market opportunities to produce differentiated goods and information (innovative products and services) that convey competitive advantages. This chapter is concerned with the development of such new and improved products and services.
Delivering Value from Innovation
Authors: Dodgson Mark , Gann David , Salter Ammon
Published: November 2023

The ultimate aim of MTI is to improve the competitiveness of firms by adding value to what they do. In previous chapters, we focused on how firms configure and organize internal resources and collaborate with external actors to develop innovations. We have seen how firms that are able to innovate can gain great commercial advantage. Commercializing technology is a fundamental element in building value and sustaining competitive advantage. In this chapter, we explore the commercialization process.
Five Future Challenges
Authors: Dodgson Mark , Gann David , Salter Ammon
Published: November 2023

Firms create customer value and competitive advantage when they bring to market new and improved products and services, or devise better processes. Businesses thrive and decline as a result of the way they manage technological change. The ability to manage technological innovation has become a core business process. The pace of technological change will continue to be rapid and its direction uncertain. It follows that there will continue to be an extended range of new business opportunities and risks associated with new technology.
Treatment of asthma
Authors: Hasan Arshad S , Suresh Babu K
Published: November 2023

With modern asthma treatments, the vast majority of asthma patients can enjoy an excellent quality of life with minimal side effects Inhaled steroids, as preventer inhalers, are the first line of treatment for asthma and they need to be taken regularly Reliever inhalers are used for breakthrough symptoms and are used as and when required It is important to take asthma medicines properly, so that every dose provides the most benefit
Taking control of asthma
Authors: Hasan Arshad S , Suresh Babu K
Published: November 2023

Taking control is about empowering patients and parents to take important decisions regarding their or their children’s asthma, with the aim of promoting good health, and preventing and treating exacerbation The key aspects are patient education, which is provided in a structured way, and a written self-management action plan People with asthma should be aware of the early signs of a flare-up and be prepared to act quickly Asthma action plans use changes in symptoms and/or peak flow to determine what action needs to be taken to prevent an exacerbation
Asthma and other allergic diseases
Authors: Hasan Arshad S , Suresh Babu K
Published: November 2023

Hay fever, eczema, and food allergy often coexist with asthma in the same individual In those with asthma and hay fever, optimal treatment of hay fever will help to improve asthma control A food allergy may trigger asthma, but this happens in a relatively small subgroup of asthmatics Children with eczema in early childhood have a higher risk of developing asthma and hay fever in later childhood and adolescence
Eighteenth-century Shakespeare: England and overseas
Authors: Holland Peter
Published: November 2023

Nicholas Rowe’s play was written after his most significant engagement with Shakespeare. In 1709 Jacob Tonson published a six-volume edition of Shakespeare edited by Rowe, the first major attempt to re-edit Shakespeare since the first folio. Tonson had acquired shares in the copyright of many Shakespeare plays in 1707 as part of his self-definition as the preeminent publisher of the major works of English literature. The copyright remained with the firm until 1767 and the line of Shakespeare editions it published were reworkings and remarketings of the firm’s property.
B
Authors: Gabriel Yiannis
Published: November 2023

Long the self-declared remit of the natural sciences, the human body has only recently become an explicit topic in organizational studies. Turner was the first to call for a sociology of the body and triggered off a recent ‘embodied turn’ in social studies that places the body at the core of most social phenomena. Turner attributed the body’s earlier neglect to sociology’s early rejection of biologically based explanations for social action; we can see the consequences of this in the discipline’s continued emphasis on human consciousness and social structure. Durkheim’s Suicide was pivotal in distancing the sociological opus from bio- logical and psychological explanations for social action.The Weberian emphasis upon rationality and the symbolic interactionists’ emphasis on meaning creation deepened this gulf. This led to the recent charge that sociology naively replicates the Cartesian mind/body dualism. Turner uncovered a tacit concern with the body in classical sociological theory, from Weber’s sexually constrained Protestant to the Marxian concern with the reproduction of social life. Among symbolic interactionists, Goffman assumed a communicative body that becomes a source of claims about the self. Despite such acknowledgements, classical sociological theory remains overly cognitive; the mind drives social action, the body is its unwitting and often unremarked recipient.
U
Authors: Gabriel Yiannis
Published: November 2023

The unconscious is the core concept of psychoanalysis, the theory established by Sigmund Freud, and an important term in other disciplines of depth psychology. Although sometimes the unconscious is seen as a mysterious entity, reminiscent of the Platonic depths where the world of pure forms seeks expression through language, the Freudian unconscious is normal, structured, and to a degree knowable. It is useful to distinguish between unconscious the adjective and unconscious the noun. As an adjective, unconscious describes the quality of an idea, a desire, or a mental process which is not accessible to consciousness. In the first instance, unconscious desires are desires which have undergone repression. Unconscious elements cannot be brought into consciousness at will, and may only be studied through their conscious manifestations, which include symptoms, symbols, dreams, fantasies, slips, jokes, emotional out- bursts, cultural artefacts, and so on.
Offences Against Public Decency
Authors: Laws Eleanor , Lees Patricia
Published: November 2023

These offences deal with indecent acts which offend public decency. The old common law offence of outraging public decency is the most wide-ranging of offences in this section. This offence was not repealed by the SOA 2003; in addition, its use was effectively extended by the CJA 2003, s 320. The offence is no longer indictable only, but triable either way. Offences of indecent exposure and voyeurism created by the SOA 2003 replace and extend certain old offences, in particular under the Vagrancy Act (VA) 1824.

New offences such as intercourse with an animal and sexual penetration of a corpse were created.
Preparatory Offences
Authors: Laws Eleanor , Lees Patricia
Published: November 2023

This chapter includes

(a) offences of procurement (those not dealt with in Chapter 8) and

(b) other preparatory offences.

The SOA 1956 in the main followed earlier legislation, the CLAA 1885, which was largely concerned with the ‘white slave market’. By the time the SOA 2003 was passed these offences were rarely charged. For this reason the pre-1956 Act offences have not been included.

• For SOA 1956, s 22: procuration of a woman to become a prostitute, see para 8.58.

• For SOA 1956, s 23: procurement of girl under 21, see para 8.24.

• For SOA 1967, s 4: procurement to commit homosexual acts, see para 5.106.
Stadholder, 1672–1688
Authors: Claydon Tony , Speck W A
Published: November 2023

William’s objective from 1672 to his death can be stated very simply. Fired by his personal resentment at France’s steady occupation of family lands, and by a deep commitment to a Europe composed of independent nations, the prince’s prime aim was to contain Louis XIV. In part this policy involved bringing as many other powers as possible into conflict with France. Ultimately this would lead William to intervene in England in 1688, but before then his chief task was to preserve Dutch commitment to war. His success in this aim was finely balanced. The events of 1672 had given the prince considerable power in the United Provinces, but opposition soon revived, and for long periods proved strong enough to frustrate him.
Upbringing and marriage
Authors: Claydon Tony , Speck W A
Published: November 2023

queen of England, Scotland, and Ireland, was born on 30 April 1662 in St James’s Palace, Westminster. She was the eldest child of James, duke of York, the future James II (1633–1701), and his first wife, Anne Hyde (1637–1671). Her maternal grandfather was Edward Hyde, first earl of Clarendon, architect of the restoration of Charles II. She was named after her aunt, Mary, princess of Orange, who had recently died. At her baptism her godparents were Prince Rupert and the duchesses of Buckingham and Ormond. These relationships identified the princess with the Stuart dynasty and its survival from her birth.
Balancing the On-Line Teaching of Critical Experiential Design A Cautionary Tale of Parallel Process
Authors: Creese Elizabeth
Published: November 2023

This Chapter tells a cautionary tale—the danger of ‘not really knowing’ what online experiential design we are teaching—until we have been able to be critically reflexive. Reynolds (2000) has similarly warned of problems such as adopting a critical curriculum approach when a more traditional pedagogical basis might belie this. The tale of my gap between theory and practice is based on my critical action research (Kemmis and McTaggart 1988). It is a story about a Tavistock School of Group Relations ‘struggle’ to learn from experience (French and Vince 1999) about my on-line teaching practice. To tell it I take a deliberate focus not upon the wider systemic issues, but my internal responses to them: hence the microscopic prism of self-scrutiny.
Experiencing Scholarly Writing through a Collaborative Course Project
Authors: Ellinger Andrea D , Trent Raynika , Wang Yu-Lin , Wofford Grant , Howard Yvonne , Cho Insik , Freeman Mara , Kim Eunjee , Kim Sooyoung , McGlaughlin Pat , Oh Seok Young , Sutton Wayne , Wooten Brad
Published: November 2023

This Chapter will describe a collaborative writing project that was designed to encourage doctoral students enrolled in a doctoral seminar at a midwestern university in the United States to become more immersed in the scholarly literatures on organizational learning and the learning organization concept. The Chapter begins by situating experience and learning and briefly introducing experiential learning theory. Then, an overview of the purpose of the collaborative writing project in the broader context of experiential learning will be provided along with the processes followed by seminar participants to review and synthesize empirical work on the learning organization concept. Finally, doctoral seminar participants' reflections about key learnings as a result of participating in this experiential writing project will be discussed.
Introduction
Authors: Savage Stephen P
Published: November 2023

The television drama Life on Mars appeared on our screens in 2006 to expose in stark terms the extent of change in British policing in the recent past. It involved a police detective, CI Sam Tyler who, after going into a coma following a collision with a car, wakes up in 1973. He soon discovers an alien world of policing far removed from his own. The station he worked in is in seeming chaos; files are piled high on every available surface and officers lounge around (all of them smoking) with apparently little to do.
Forces from Within: Internal Drivers for Police Reform
Authors: Savage Stephen P
Published: November 2023

An impression which might have been given so far in this book is that the police have been dragged, kicking and screaming, into regimes of change and reform. Certainly, to a great extent the history of police reform has been of reforms being ‘imposed’ on the police, of change being ‘forced’ as a result of external or environmental pressures on the police. Of course, this is not uncommon in public sector organizations, as change, if left to the internal dynamics of such organizations, is something which, if it happens at all, tends to happen incrementally and piecemeal rather than radically, in the sense that much of the business of public organizations is concerned with ‘muddling through’ (Lindblom, 1979).
Mastopexy
Authors: Waterhouse Norman
Published: November 2023

Scars are an inevitable consequence of surgery to lift the breasts.

Restoring fullness and projection of the breast may require the use of a breast implant as part of the procedure.

Time, gravity, and subsequent pregnancy may cause recurrent drooping of the breast.

Mastopexy can restore empty, droopy breasts to a more youthful, perkier, and fuller shape.

With age, gravity, weight loss, and breastfeeding, the breasts often lose their elasticity and volume. The skin and breast tissue may droop and sag and the areola enlarges. The perkiness and fullness of the youthful breast is lost. The degree of droopiness is variable. It may just involve a slight lowering of the nipple or the whole breast. A simple test is to stand with a pencil held under the breast crease (the so-called ‘pencil test’)—Does the pencil fall to the floor or is it held in place by the weight and position of a sagging or droopy breast? Droopiness (ptosis) can be graded by the degree of lowering of the nipple areola complex below the breast crease (Figure 5.1).
Practicing Engaged Scholarship
Authors: Van de Ven Andrew H
Published: November 2023

I begin this concluding chapter by telling a story1 about engaged scholarship as viewed from a fictitious Lake Wobegon University. The story adopts the style of National Public Radio personality, Garrison Keillor from ‘A Prairie Home Companion.’ I hope to poke a little fun into our very serious subject and provide some insights into the ethos of practicing engaged scholarship. Following the story I discuss a number of alternative forms of engaged scholarship and the situations in which they tend to be practiced. I also discuss a number of practical considerations in engaging stakeholders in a given study.
Introduction
Authors: Pogge Thomas
Published: November 2023

In his State of the Union Address of January 6, 1941, Franklin D. Roosevelt proclaimed that ‘freedom means the supremacy of human rights everywhere’. He set forth four human rights in particular as guiding principles for a post-fascist world, ‘attainable in our own time and generation’. These are still widely remembered as Roosevelt’s ‘four freedoms’, but their content needs to be recalled: The first is freedom of speech and expression—everywhere in the world. The second is freedom of every person to worship God in his own way—everywhere in the world. The third is freedom from want, which, translated into world terms, means economic understandings which will secure to every nation a healthy peacetime life for its inhabitants—everywhere in the world.
Severe Poverty as a Human Rights Violation
Authors: Pogge Thomas
Published: November 2023

Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care. (UDHR, Article 25) Everyone is entitled to a social and international order in which the rights and freedoms set forth in this Declaration can be fully realized. (UDHR, Article 28; see Article 22) Freedom from severe poverty is among the most important human interests. We are physical beings who need access to safe food and water, clothing, shelter, and basic medical care in order to live well—indeed, in order to live at all. Very poor people lack secure access to sufficient quantities of these basic necessities. This sentence presupposes a narrow, absolute, and somewhat vague definition of severe poverty which suffices for this essay.
Introduction and summary
Authors: Maddison Angus
Published: November 2023

The purpose of this book is to identify the forces which explain how and why some parts of the world have grown rich and others have lagged behind.
The Roman empire and its economy
Authors: Maddison Angus
Published: November 2023

The Roman empire was the last of several civilizations to emerge in the Mediterranean in the first millennium bc.
Powers of Persuasion
Authors: Fletcher Winston
Published: November 2023

During much of the second half of the 20th century advertising in Britain led the world. Yet no history of British advertising covering this heady period has previously been published. During those years advertising increasingly came to touch upon almost every aspect of every individual ’s life, and reached its peak as a proportion of the Gross National Product. It boosted economic growth and peoples ’ affluence. But at the same time the advertising industry was frequently under siege, as politicians, pressure groups, and others constantly sought to restrain its influence - and often succeeded. For several decades the creativity of British campaigns was preeminent around the globe. But Powers of Persuasion is not just about advertisements - it is about advertising. During those years Britain was also a world leader in setting industry benchmarks - innovating the account planning discipline, setting the standard for public service advertising, launching global advertising awards festivals, introducing the best system of advertising regulation, setting up both the world ’s largest advertising archive and the world ’s most comprehensive on-line advertising research databank. These were the keystones on which British creativity was built. Simultaneously, major British advertising companies - particularly Saatchi & Saatchi and WPP - raced to the top of the global league. Powers of Persuasion tells the authoritative story of this dynamic, exhilarating era, with pen portraits of the personalities involved, anecdotes, case histories, and essential data. Written (from the inside) by one of the industry ’s leaders, this is a book for all interested in advertising and its role in society, business, and the media.
The Nineteen-Seventies: Britain Takes the Lead
Authors: Fletcher Winston
Published: November 2023

For British advertising, the 1970s—and a few years either side—were golden years, when we forged ahead of the world. The other decades were not barren. But more creativity, more innovations, and more attainments were crowded into and around those ten or so years than any others—partly in response to economic, political, and commercial pressures; partly because the structure of agencies changed; and partly fortuitously, in that there happened to be a bunch of extraordinarily bright, talented, and ambitious people working in the industry at that time.
Obligations of the Buyer
Authors: Hondius Professor Dr. Ewoud , Heutger Dr. Viola , Jeloschek Dr. Christoph , Sivesand Dr. Hanna , Wiewiorowska Aneta
Published: November 2023

This Article lists three obligations of the buyer that are typically found in sales transactions. They correspond to the main obligations of the seller set out in Chapter 2 and, by the same token, serve as an overview of the buyer’s obligations. Thus, the parties are free to regulate the content of their obligations, in accordance with Article 1:203 (Derogation). Therefore the buyer may not be subject to all the obligations set out in this Article. Most obviously, many sales do not involve documents and so the contract will not require the buyer to take delivery of such documents. But even in a non-documentary sale, the buyer may not be under an obligation to take delivery of the goods, as they may already be in his possession or it may have been agreed that they should remain in the seller’s possession (cf. the corresponding issue for the seller’s obligation to deliver in Article 2:001 Comment C). Besides, even where the contract requires the seller to deliver the goods, the buyer may not have to take charge of the goods from the seller upon delivery.
Passing of Risk
Authors: Hondius Professor Dr. Ewoud , Heutger Dr. Viola , Jeloschek Dr. Christoph , Sivesand Dr. Hanna , Wiewiorowska Aneta
Published: November 2023

Loss of, or damage to, the goods after the risk has passed to the buyer does not discharge the buyer from the obligation to pay the price, unless the loss or damage is due to an act or omission of the seller. The present Chapter addresses the question of who has to bear the risk of the goods being lost or damaged in a fortuitous event, i. e. due to no fault of either party. This article governs the question of whether the buyer needs to pay the full price for the goods despite their accidental loss or damage (for further aspects of risk, see Comment C). The Sales Principles address only the aspect of risk obliging the buyer to pay the price if the goods are lost or damaged after the risk has passed. This aspect of risk relating to the buyer is called the risk of counter-performance or, more specifically, the risk of payment. In other words, is the buyer obliged to perform while he does not receive the goods at all, or only damaged goods? A buys china from B, a shopkeeper. B hands the china over to A and the parties agree for A to settle the account the next day. The same night the china is smashed due to an earthquake. The next day A returns the shattered pieces of china to B and refuses to pay the price. B rightly claims that A should pay because the risk had passed to A under Article 5:102 when the china was handed over.
Obligations of the lessor
Authors: Lilleholt Kåre , Victorin† Anders , Fötschl Andreas , Konow Berte-Elen R , Meidell Andreas , Tørum Amund Bjøranger
Published: November 2023

Article 3:101: Availability of the goods The lessor must make the goods available for the lessee’s use at the start of the lease period and at the place determined by III. – 2:101. Notwithstanding the rule in the previous paragraph, the lessor must make the goods available for the lessee’s use at the lessee’s place of business or, as the case may be, at the lessee’s habitual residence if the lessor, on the specifications of the lessee, acquires the goods from a supplier selected by the lessee. The goods must remain available for the lessee’s use throughout the lease period, free from any right or claim of a third party that prevents or is otherwise likely to interfere with the lessee’s use of the goods in accordance with the contract. The lessor’s obligations when the goods are lost or damaged during the lease period are regulated by IV.B – 3:104. Comments General Characteristic obligations In a lease contract, the lessor makes goods available temporarily for the lessee’s use against remuneration. The lessee’s use typically implies physical control of the goods. Further, the goods shall normally be returned to the lessor at the end of the lease period. As the contract is made for a period of time, questions arise concerning maintenance of the goods and repairs during this period. To the extent that the goods are not to deteriorate, the obligation to maintain and repair the goods must be borne by one of the parties or distributed between them. All this means that the lessor typically has obligations concerning 1) the availability of the goods at the start of the lease period, 2) the availability of the goods during the lease period, 3) the conformity of the goods at the start of the lease period, 4) the conformity of the goods during the lease period to the extent that this is not a part of the lessee’s obligations, and 5) the return of the goods at the end of the lease period. In the present Article, availability of the goods at the start of the lease period and during the lease period are dealt with.
The Scope of the Consumer Credit Act 1974
Authors: Hibbert W J , Smith J M W
Published: November 2023

The Act was of course directed towards the protection of consumers. But it was also aimed at introducing a ‘new system’ to control the providers of credit and hire and their transactions. The new system was intended to be a uniform but flexible code applicable to all forms of consumer credit and hire products, both existing and future. One of the intended consequences of this reform was to liberate the credit industry from overregulation, an intention that can be overlooked. As the 1973 White Paper, Reform of the Law on Consumer Credit stated: It is important to a proper understanding of the Act to appreciate its historical context. Although the Act was a radical departure from the previous legislation regulating credit, its roots were firmly embedded in the matrix from which it sprang. The previous legislation was central to the reasoning of the Committee under the chairmanship of Lord Crowther, whose 1971 report, Consumer Credit, was to be the basis of the CCA 1974. The CCA 1974, although a major reform,is, together with the subordinate legislation made under it, part of an evolving regime of regulation of the consumer credit and hire industries, and the most recent reforms, including those of the CCA 2006, which amends the CCA 1974, continue that on going process. The background to the legislation is set out in the Introduction.
Total Charge for Credit and Annual Percentage Rate of ChargE
Authors: Sayer P
Published: November 2023

In this chapter the whole concept of the total charge for credit will be considered together with the calculation of the annual percentage rate of charge (APR). In most credit arrangements, a charge of some sort is made to the borrower for the provision of credit. This may be interest and/or certain other charges. It is important to ascertain what items enter into the total charge for credit for a number of reasons. First of all, under the terms of the Consumer Credit Act (CCA) 1974, section 9(4), any item entering into the total charge for credit cannot be treated as credit. Therefore, in any agreement, where it is necessary to state the correct amount of the credit, the credit amount must not include any item which falls under the total charge for credit. If the amount of the credit is misstated in an agreement, there will be problems with enforceability.1 Further, it is important, when calculating the APR of any agreement, that the figure is accurate and correct. This is important in respect of certain consumer credit advertisements where the APR has to be stated.2 Also, the APR has to be shown correctly in regulated agreements.3 It is also necessary, when deciding whether certain agreements enjoy exemption, to see the amount of the APR.4 In certain cases it is necessary to see what the amount of credit is that is being advanced in order to ascertain whether the agreement falls outside the scope of the Act or not.
Security
Authors: Say B J
Published: November 2023

At first glance section 105 appears to be of general application, however its scope is curtailed by subsection (6) which limits its application to security instruments provided by a person other than the debtor or hirer; therefore mortgages and pledges and other securities provided by the debtor or hirer are excluded. Any security in relation to a regulated agreement must be expressed in writing. Subsections (2) and (3) empower the Secretary of State to make regulations prescribing the form and content of security instruments. The only regulations that have been made are in respect of the form and content of guarantees and indemnities, therefore the chief focus of this section is on guarantees and indemnities. ‘Guarantee’ and ‘indemnity’ are not defined by the Act.13 The essential element of both a contract of indemnity and of guarantee is a unilateral contract which effectively underwrites another’s performance of a contract; however, there is a distinction in the nature of the two obligations. A guarantor is one whose liability is dependent on that of the principal debtor—his liability does not materialize until the debtor is in default—the liability of an indemnifier is not contingent on the default of the principal debtor. The classic and oft cited example of the distinction between the two is that provided in Birkmyr v Darnell.14 The case gives the following examples: (1) A says to B: ‘Supply goods to C and if he does not pay you I will.’ (2) A says to B: ‘Supply goods to C and I will see that you are paid.’ Example (1) is a contract of guarantee and (2) is one of indemnity. The substance of each contract in reality is much the same, namely that the third party’s liability arises when the principal debtor defaults. In the case of the indemnifier, his liability will arise at the same time as the principal debtor’s and therefore it only becomes significant if the principal debtor defaults.
Do We Need a ‘Morality of War’?
Authors: Shue Henry
Published: November 2023

Everyone understands that if wars are fought at all, acts are committed in them that are utterly impermissible in ordinary life. War is constituted by assaults and attacks that are intolerable in, at the very least, any other circumstances. Pacifists have formulated powerful arguments that run, quite plausibly, from the impermissibility, in the context of ordinary life, of many acts characteristic of war to the impermissibility of war itself. How can it be permissible to engage in a practice that unavoidably and perfectly predictably, because characteristically, involves the commission of acts that are impermissible in any other situation?