bluuebunny/crossref_metadata_2025 huggingface dataset:
Political Purposes And Political Activity
Authors: Luxton Peter , Hill Judith
Published: November 2023

This chapter considers the extent to which the possession of political objects, or 7.01 the pursuing of political activity, is incompatible with charitable status. The potential impact of the Human Rights Act 1998 on these issues was considered in chapter 1, where it was concluded that such impact is likely to be minimal. This chapter is therefore posited on that footing. A political object is incompatible with charitable status, and the court cannot 7.02 inquire into whether the object is of public benefit. The case law reveals that a ‘political object’ is one which expressly aims to change the law, or one which seeks to promote either a particular theory or attitude which involves seeking a change in the law or a change in government policy.
Legal Structures And The Distribution Of Power
Authors: Luxton Peter , Hill Judith
Published: November 2023

In English law, charity’ refers neither to the act of giving, nor to a state of mind, but to the effectual dedication of property to charitable purposes. Effectual dedication occurs when property is subject to an obligation that it be applied for the public benefit in such a way that the right to compel such application passes to the Attorney-General on behalf of the Crown as parens patriae.
The Court’s Jurisdiction Over Charities
Authors: Luxton Peter , Hill Judith
Published: November 2023

At first instance, in Construction Industry Training Board v Attorney-General,2 Pennycuick V-C accepted that the second half of this definition was to some extent, perhaps primarily, directed to the issue of territorial jurisdiction, and considered that its purpose was to emphasize that the High Court does not have jurisdiction over a charitable corporation established in a foreign jurisdiction.
Charity Investment
Authors: Luxton Peter , Hill Judith
Published: November 2023

Neither the Trustee Act 2000 nor any other statute provides a definition of the 16.01 term ‘investment’ for the purpose of investment by trustees generally or by charity trustees in particular. Assistance must therefore be sought from case law.
Advertising And Broadcast Appeals
Authors: Luxton Peter , Hill Judith
Published: November 2023

This chapter examines the statutory and voluntary controls affecting charity appeals and charity advertising. It is necessary to consider separately advertisements and appeals which are broadcast on television or radio, and advertisements which appear in other forms, such as in newspapers, magazines and at the cinema. The former are subject to a number of statutory controls, whereas the latter (apart from the general law relating to fair trading) are regulated only by voluntary codes.
Introduction
Authors: Gunningham Neil , Johnstone Richard
Published: November 2023

Occupational health and safety (OHS) has re-emerged as a major issue on the social policy reform agenda internationally. In 1994, the British Government completed a major Review of Health and Safety Regulation, twenty years after the introduction of the Health and Safety at Work Act 1974. In the United States of America (USA), the Clinton Administration released 17ze New OHSA: Reinventing Worker Health and Safety, in 1995, as part of its broader ‘Reinventing Government’ initiative. In Australia, the Industry Commission published its compendious reports: Workers Compensation in Australia, and Work, Health and Safety, in 1994 and 1995 respectively. In Norway and Sweden, a new systems-based approach to regulation, known as ‘internal control (IC)’ was introduced in the early and mid-1990s.Within the European Union (EU), a series of OHS Dircctives has also triggered increasing regulatory action at national level.
From Compliance to Best Practice in OHS: The Roles of Specification, Performance, and Systems-Based Standards
Authors: Gunningham Neil , Johnstone Richard
Published: November 2023

In designing OHS standards, it is vitally important to determine what types of standards to adopt. For example, what kinds of measures are most likely to achieve best policy outcomes? What techniques are most likely to influence organizational behaviour, to be flexible, produce safety and health benefits at an acceptable cost, provide practical guidance to employers, and be easy to enforce? Decisions about these issues will have major implications not only for regulators, duty holders, and potential victims of work-related injury and disease, but also for the overall effectiveness of the regulatory regime. As Andrew Hopkins has put it: ‘in many circumstances the real problem facing policymakers is not to select the best strategy for achieving compliance but to decide what it is the regulated are to be asked to comply with’.
The E.U. Structural funds
Authors: Evans Andrew
Published: November 2023

The EU Structural Funds is a pioneering book that provides the first systematic and critical examination of the role of the EU Structural Funds and other financial instruments in European integration. The examination is important because of the substantial sums of money involved and shows that these sums are not necessarily being used effectively or efficiently. Total Structural Fund spending from 1994 to 1999 is to be almost Euro 170 billion and this sum represents around 33 per cent of the Union budget and around 0.4 per cent of the Union gross domestic product. For the years 2000 to 2006 spending of up to Euro 218.4 billion is proposed. The issues raised by Andrew Evans are highly topical because of the challenges to established practice entailed by the introduction of a single currency, the ‘Euro’, and by plans for the future accession of several countries of Central and Eastern Europe to the Union.
European Regional Development Fund
Authors: Evans Andrew
Published: November 2023

The European Regional Development Fund was the last of the three Structural Funds to be established, and only acquired an express legal basis in the Treaties as a result of the Single European Act. However, in terms of the amount of resources used, it has now become the most important of these three Funds.
Organic Procedures
Authors: Evans Andrew
Published: November 2023

‘Organic’ decision-making procedures have their origins in the practice of the Union institutions. Close contacts between Union and national officials, tending towards ‘bureaucratic interpenetration’, may be involved. This tendency may be most developed in committee work, particularly that associated with ‘partnership’. The outcomes take as their main legal forms legislation, budgetary provision, ‘soft law’, individual administrative decisions, contracts, and judicial decisions.
Introduction
Authors: Gunningham Neil
Published: November 2023

One of the crucial issues of our time is how to avoid serious, and perhaps cataclysmic, damage to the natural environment. The causes of such damage are both complex and controversial, and arise from a wide variety of social and economic pressures. The results, however, are more readily apparent. The evidence that pollution, land degradation, deforestation, ozone depletion, climate change, and the loss of biological diversity are inflicting serious and in some cases irreversible damage to the planet which sustains us, is increasingly compelling. Indeed, it is arguable that the window of opportunity for averting major ecological disaster is a rapidly shrinking one, and that, in some cases, it may already be too late to prevent ongoing environmental degradation.
Introduction To Comparative Antitrust Systems
Authors: Jones Clifford A
Published: November 2023

There are a number of reasons for conducting a comparative analysis of EC and US private antitrust litigation. First, despite the pronounced differences between legal systems in the USA and the EC, the US system for the enforcement of Federal antitrust law is the paradigm of private antitrust enforcement. The utility of private enforcement in the USA has been cited by one Advocate General as grounds for belief that such actions would assist in making EC competition rules more ‘operational’. Secondly, as Whish and Sufrin have noted, ‘[m]uch can be learnt from a system of law that in 1990 celebrated its centenary’. This means, among other things, that there are few ‘commercial phenomena’ which have not been treated in the cases and literature concerning American antitrust. In the early years of EC competition law there were few precedents, and it was natural to look to US case law as the Advocates General did in a number of cases.
The Ec System: The Treaty Of Rome And Regulation 17
Authors: Jones Clifford A
Published: November 2023

When Jean Monnet and Robert Schuman presented the Schuman Plan1 to US Secretary of State Dean Acheson on 7 May 1950, Acheson’s first reaction was the fear that the plan was a clever cover for a ‘gigantic European cartel’.2 Two days later, Acheson’s fears assuaged, the Schuman Declaration heralded what is now considered the birthday of the European Community. Since the beginning, competition issues have pervaded the Communities, and US antitrust law has been a source of influence.
Remedy Principles And The Competition Rules
Authors: Jones Clifford A
Published: November 2023

Although Article 95 of the Treaty [a tax provision] has the effect of excluding the application of any national measure incompatible with it, the article does not restrict the powers of the competent national courts to apply, from among the various procedures available under national law, those which are appropriate for the purpose of protecting the individual rights conferred by Community law.
The Legal Basis Of Private Actions In The Uk Under Community Law
Authors: Jones Clifford A
Published: November 2023

Parliament sought to recognize the direct effect of the EC Treaty in British law by providing in the European Communities Act 1972, section 2(1), that ‘all such rights, powers, liabilities, obligations and restrictions from time to time created or arising by or under the Treaties, and all such remedies and procedures from time to time provided for by or under the Treaties, as in accordance with the Treaties are without further enactment to be given legal effect or used in the United Kingdom shall be recognised and available in law, and be enforced, allowed and followed accordingly’ . Not surprisingly from the British constitutional law perspective, there has been ‘consistent emphasis on the statutory nature of the gateway for Community law which was opened by the European Communities Act 1972’. As Shaw has noted, ‘for the purist, there are difficulties in reconciling the doctrine of parliamentary sovereignty with the transfer of apparently sovereign powers to the European Community’.
Community Antitrust Claims As A Breach Of Statutory Duty
Authors: Jones Clifford A
Published: November 2023

It has been said that the ‘theory with the most judicial weight behind it (though not necessarily most theoretical weight) is that breaches of Articles 85 and 86 EEC Treaty [now 81 and 82 EC] may be pleaded in the national courts as “breaches of statutory duty’’ ‘. The principal case is Garden Cottage Foods Ltd v. Milk Marketing Board, in which a four to one majority of the House of Lords reversed the Court of Appeal and reinstated the judgment of the High Court to the effect that no interlocutory injunction should be granted where the plaintiff had an adequate remedy in damages. In Garden Cottage, the plaintiff was a small company (‘Mr and Mrs Bunch with limited liability’) in the business of reselling bulk butter purchased from the Milk Marketing Board (MMB), a statutory body. When the MMB cut off supplies of its nectar to Garden Cottage, the result was the commencement of an action in the High Court alleging that the refusal to supply was the abuse of a dominant position in the supply of bulk butter in England and Wales, in violation of Article 82, formerly 86, EC.
Limits On Permissible Private Plaintiffs In Us Law
Authors: Jones Clifford A
Published: November 2023

The term ‘standing’ is used in a number of different contexts in US law, so that a brief explanatory note is perhaps worthwhile. Generally speaking, the concept is equivalent to locus standi in the UK or the EC, although the Latin term itself rarely, if ever, appears in US court decisions. The most common usage of the term is in the fields of constitutional and administrative law, and most US lawyers or judges will recognize it in those contexts. Standing has an entirely different meaning in antitrust law, as will hopefully become apparent.
Antitrust Damages Principles In Us Law
Authors: Jones Clifford A
Published: November 2023

It is difficult to overstate the importance of rules concerning recoverable damages to the likelihood, development, and frequency of any type of private litigation, although other forms of relief may well be of critical importance in particular cases. Private antitrust actions are no exception, and it has been argued that such rules are even more important in this area. It is thought by some in Europe that private antitrust actions under Community law will never be of importance due to the absence of the legislative provision for treble damages which so ubiquitously characterizes the remedy provisions of the Sherman Act. It is submitted that the perceived superiority of the treble damages provisions of US law over damages rules available in Europe is exaggerated. In fact, the following chapters are intended to demonstrate that other components of the damage system in the USA are such that ‘treble’ damages under US law are essentially mythical and that comparable results are in fact obtainable in Europe, especially in the UK, without a treble damage multiplier.
How Damages Are Calculated In Particular Cases
Authors: Jones Clifford A
Published: November 2023

Many, perhaps most, of the cases which involve price enhancement damages are claims for horizontal price fixing in which the plaintiff purchased goods at unlawfully inflated prices from the cartel. Other types of violations which typically generate these sorts of damages include vertical price fixing, tying arrangements, price discrimination, concerted refusals to deal, monopsony purchasing (at unfairly low pricing), and forced disposition of assets. Other monopolistic (abuse of dominant position) practices may also cause such damage.
Conclusions: The Labours Of Sisyphus
Authors: Jones Clifford A
Published: November 2023

The objective of this work was to study the nature and development of private Community and UK antitrust litigation in the national courts of the UK by reference to the more developed private enforcement system which has existed in the USA for over 100 years. Antitrust law in general, whether UK, Community, or US, and private litigation in particular constitute a vast subject area of study within which this work has touched only some of the fundamental points. However, as the dearth of private damages awards in the first 40 years of the EC attests, until the fundamental theory and structure of private antitrust litigation are understood, supported by precedent and authority, and put into practice, more detailed issues will not arise.
The Law Of Contribution And Reimbursement
Authors: Mitchell Charles
Published: November 2023

The English law of contribution and reimbursement is essentially concerned with any situation where two parties must both pay a debt to a third party, compensate him for harm that he has suffered at their hands, or restore an enrichment which they have unjustly gained at his expense. These situations give rise to questions of how the parties’ common liability should be shared and how their relationships with the third party, and with one another, should be adjusted so as to ensure that they each pay their proper share. This book is based on the rules of English law which determine the answers to these questions. Contribution and reimbursement claims often arise in the course of complex multi-party litigation and the rules which govern their determination are scattered through the law reports and statute books. This book provides a clear guide through this maze of legislation and case law, and gives a detailed account of all the substantive and procedural rules in the area. It is an essential source of information for legal practitioners and academics seeking practical advice on this notoriously complex subject.
Analogous Claims
Authors: Mitchell Charles
Published: November 2023

Each of these claims will be briefly discussed in this chapter. The primary purpose of this discussion is to clarify the nature of claims for contribution and reimbursement, by distinguishing them from analogous claims.
Creditor May Not Accumulate Recoveries
Authors: Mitchell Charles
Published: November 2023

Once a claimant has shown that he and a defendant both owed legal obligations to the creditor, he must next show that the creditor was not entitled to accumulate recoveries by enforcing his rights against both the claimant and the defendant in full. If the creditor was entitled to recover in full from each of the claimant and the defendant, then the defendant would remain liable to the creditor regardless of the claimant’s payment, and so it could not be said that the defendant had been enriched at the claimant’s expense.
Defendant’s Liability To Creditor Is Discharged By Claimant
Authors: Mitchell Charles
Published: November 2023

The ‘essence of the rule’ entitling a claimant to reimbursement is that ‘there is a liability for the same debt resting on the [claimant] and the defendant and the [claimant] has been legally compelled to pay, but the defendant gets the benefit of the payment because his debt is discharged’. The same is true of contribution awards. A claimant who cannot show that his payment to the creditor has dis-charged the defendant’s liability cannot be entitled to contribution or reimbursement.
Apportionment Between Claimant And Defendant
Authors: Mitchell Charles
Published: November 2023

The purpose of this chapter is to discuss the principles developed by the courts to determine the proportions in which the burden of paying a creditor should be borne by a claimant and a defendant. It is suggested here that five principles can be made out in the relevant legislation and case-law. First, where the relationship between a claimant and a defendant is affected by a contract that allocates responsibility for paying the creditor to one of them alone, or to both of them in agreed proportions, effect is generally given to this contractual allocation. Secondly, in the absence of any contractual allocation, a default rule of equal apportionment has been adopted. However, this default rule can be displaced by one or more of the following further principles, in appropriate circumstances.
Defendant’S Liability tO Creditor
Authors: Mitchell Charles
Published: November 2023

As discussed previously, contribution and reimbursement claims will not lie unless the claimant has discharged a legal liability owed by the defendant to a creditor. Hence, a defendant can avoid liability for contribution or reimbursement if he can show that he was never liable to the creditor; and by the same token, the quantum of his liability to a claimant will be proportionately reduced, to the extent that he can show that he had a partial defence to the creditor’s claim. In this chapter, various arguments which a defendant might raise with a view to showing one or other of these things will be examined.
Social Policy and Economic Regulators: Some Issues from the Reform of Utility Regulation
Authors: McCrudden Christopher
Published: November 2023

What should regulators do? The question is, of course, a crucial one in the context of current UK discussions about the reform of regulation. In March 1998, we saw the publication of a long awaited discussion paper by the Department of Trade and Industry on the reform of regulation in utilities,1 and central to one ‘s reactions to it is the crucial question of what we think regulation, and regulators, are for. This chapter considers in particular the relationship between social policy and economic regulators, using the reform of utility regulation in the UK to illustrate several of the more important legal issues in that relationship.
Globalisation and Implications for Cross-border Regulation
Authors: Polglase Tim
Published: November 2023

It is dear that the pace of consolidation in international banking and financial services is quickening. 1997 saw the mergers of Morgan Stanley with Dean Witter, Salomon with Smith Barney and Bankers Trust with Alex Brown in the US and Union Bank of Switzerland with Swiss Bank Corporation in Europe. In the current year we have already seen the announcement of three “mega “ US mergers: BankAmerica with NationsBank (US$133 billion), First Chicago with Banc One (US$72 billion) and Citicorp with Travelers, the parent of the merged Salomon Smith Barney (US$140 billion). This last merger will create America ‘s largest and most diversified financial services company, although the (in)famous US Glass-Steagall Act will require to be amended to permit the merger of a bank with an insurance company, failing which the group ‘s insurance operations will have to be spun off within 5 years. So what are the reasons for this consolidation? The mergers of BankAmerica with NationsBank and First Chicago with Banc One, while different in scale terms from what has gone before, can be seen as merely a continuation of the merger process which has been underway in the US since interstate banking restrictions were lifted in 1994 (thereby allowing banks to establish branches across state borders). Partly as a result of the removal of these restrictions, the number of banks in the US has shrunk from approximately 14,500 ten years ago to 9,000 at the present.
The Statutory Scheme
Authors: Haley Michael
Published: November 2023

As demonstrated in the preceding chapter, the fundamental aim of Part II of the Landlord and Tenant Act 1954 is to confer on business tenants security of tenure 2.01 without otherwise interfering with market forces. Provided that the tenant complies, within prescribed time limits, with a series of complex and technical statu-tory formalities, and on the understanding that the landlord cannot establish a ground of opposition as listed in section 30(1), the entitlement is to a new lease at a market rent. If the tenant is unable to obtain a renewal, flat-rate compensation for &,mrbance may be available under section 37. Until the contractual tenancy is terminated, however, the relationship between landlord and tenant is regulated by the general law. Although the Act does nothing to prevent the original lease being brought to an end by any method provided by the contract (for example, the exercise of a break clause), termination of the contractual term serves to activate its protective provisions.
Why be Active in the Labour Party?
Authors: Seyd Patrick , Whiteley Paul
Published: November 2023

We have developed the theoretical framework for the analysis of political participation in the Labour party in Chapter 4, and we will apply the same framework to the analysis of activism in this chapter. It will be recalled that even within the terms of a narrowly focused model of rationality of the type discussed by Olson, membership of the party could be explained by the fact that individuals did not perceive the costs of membership as being at all salient. However, the costs of membership for the party activists can be considerable, as the evidence below suggests. Accordingly, the same explanation· cannot be used to understand party activism. Some of the other factors discussed in general incentives theory come to the fore in this situation, and so much of the time in this chapter is spent discussing how these factors might be measured and analysed.
Political Ideology and Party Membership
Authors: Seyd Patrick , Whiteley Paul
Published: November 2023

In Chapter 3 we examined in outline some of the political attitudes of party members in the survey. In general, our conclusions were that they regard political principles as being important; that they are critical of the market economy, and prefer more public intervention and the public. provision of services; that they believe that the bargaining rights of trade unions should be maintained; and finally, that they dislike Britain’s possession of nuclear weapons, and want to cut overall spending on defence. In this chapter we will examine the attitudes and beliefs of the members in more detail, addressing the question of whether or not those attitudes are structured around a core set of beliefs which can be described as an ideology. The aim is to examine the extent to which political attitudes and beliefs are correlated with each other, or in the words of one influential writer, ideologically
Conclusions
Authors: Seyd Patrick , Whiteley Paul
Published: November 2023

The above quote from Larry Whitty reflects one important aspect of the modernization strategy, and an increasing awareness on the part of the party leadership that promoting the growth of party membership is an important priority. However, as the figures in Table 2.1 indicate, there is no evidence that the objective of doubling member-ship and increasing the level of activism over the four years period from 1987 to 1991 has succeeded. The number of individual party members rose by only 25,000 (10 per cent) between 1987 and 1991. Furthermore as we saw in Table 5.1, our survey reveals that four in every ten members felt themselves to be less active today than they were five years ago. Thus judged in terms of Larry Whitty’s commitment it appears that the drive to promote membership and political activism in the party has failed.
Introduction
Authors: Taylor Luke
Published: November 2023

The Kunwinjku artists of western Arnhem Land in north Australia engage with a world that takes an increasing interest in their paintings. Tourists now flock to nearby Kakadu National Park to see rock paintings, which may well be contemporaneous with those of Lascaux (Jones 1985). Some visitors may venture further and purchase bark paintings at community arts centres. In every major Australian city there are commercial art galleries that market the major works (Plate 1.1), while many more paintings are sold through tourist outlets. Exhibitions of the works have been held throughout Australia and overseas, and Kunwinjku artists have been flown from Arnhem Land to attend the openings. Artists who began their painting career as a teenager learning to paint on a rock wall or bark shelter have seen the market grow in their lifetime and, at the age of 70, may find themselves attempting to explain their motivations to a Los Angeles gallery audience.
The Meaning of X-Ray Paintings
Authors: Taylor Luke
Published: November 2023

The generic term ‘X-ray’ art is commonly used by researchers to describe the style of figure painting where the internal organs and skeletal features of the subjects are represented rather than the surface features such as fur, feathers, or scales. Kunwinjku now also use this term to describe some paintings. Techniques of X-ray representation are particularly elaborate in Kunwinjku art. Different types of X-ray infill encode sets of meaning which relate to many different realms of Kunwinjku experience of the world. I focus particularly on bark paintings produced in the public context of the camp, but draw on information regarding X-ray designs used in ceremonial contexts to develop an understanding of the systematic associations between X-ray paintings. Kunwinjku X-ray paintings are another elaboration of the ‘divided-body’ template discussed in the previous chapter.
Law and Liberal Citizenship
Authors: Macedo Stephen
Published: November 2023

Themoral lodestar of liberalism is, I have argued, the project of public justification, which melds the aims of philosophical criticism with those of liberal respect and democratic equality. It seeks a reflective moral standard that is accessible to people as we know them. Chapters 3–5 explain how liberal political institutions Uudicial, legislative, and executive) all participate in the task of public justification, but in ways that distinctively combine that task with other political aims. Public justification politicizes philosophy; liberal political institutions carry further and specify that politicization, bringing justification to bear in the operation of politics.

No sovereign will commands ultimate authority in a liberal community of interpreters: no judicial, legislative, executive, or even popular body has the final say about what is constitutionally permissible. Decisions must be made but the political conversation is never closed. Every authoritative ruling or decision is open to challenge and overruling on the basis of better interpretations of the principles of political morality commonly acknowledged to be supreme: the guiding, limiting principles of liberal justice. Liberal law, properly understood, promotes a community of interpreters: a citizenry of self-critical reason-givers.
The Liberal Virtues
Authors: Macedo Stephen
Published: November 2023

Communitarians charge that liberal regimes pay a high price for their central concern with diversity, individuality, impersonal law, and rights. What is lost, allegedly, is the possibility of a moral community, a common devotion to shared values, and citizen virtue, with the attendant risks of stability problems and legitimation crises. This chapter aims to show that liberal theory can provide an attractive vision of a distinctively liberal community and liberal virtues while remaining true to its core political convictions: the centrality of freedom and the supremacy of liberal justice. Liberals can reclaim a language which supposedly lies beyond the bounds of liberal politics, the language of virtue, citizenship, community, and human flourishing.

My aim is less empirical than normative, not a survey of attitudes but the evocation of possibilities and ideals. Liberal principles inform many of our political practices, and basic liberal values are affirmed by a large segment of the populace. Articulating the ideal state of affairs implicit in liberal theory and institutions is partly, then, an exercise in the critical interpretation of current politics. Liberal ideals provide a vision of what we ought to stand for as a people, and that vision is recognizably an extension of existing practices and attitudes.
What is the American Way? Four Themes in Search of Their Next Incarnation
Authors: Shafer Byron E
Published: November 2023

What is the American model? What has happened to this model during, specifically, the last thirty years? What is, finally and in that light, the apparent fate of ‘American exceptionalism’? The essays in this volume have pursued these questions through a focus on major sectors of American life. In this pursuit, four grand aspects of the larger society—govemment, the economy, religion, and culture—have been singled out for special treatment. So has the applied realm which is perhaps most commonly offered in our time as practical evidence for a continuing exceptionalism—namely, education—and so has the wider realm of public policy, which emerges out of all the preceding. Such an approach to the three questions opening this chapter is, most fundamentally, an attempt to give these questions a concrete and pointed reality, by embedding them in a precise and specifiable (an empirical) social context.
Solutions?
Authors: Whyte John , FitzGerald Garret
Published: November 2023

My purpose in this chapter is to survey possible solutions to the Northern Ireland problem, and to assess their merits. Such an exercise is not new. It has been done many times in the literature—for instance, by Palley (1972), Rose (1976), Oliver (1978a), Palley again in Watt (1981), Barritt (1982), Rea (1982), Boyle and Hadden (1985), and the SOL/Liberal Alliance commission on Northern Ireland (Alliance 1985). It has been done with particular comprehensiveness by Padraig O’Malley, who, in his book The Uncivil Wars (1983), interviewed representatives of every strand of opinion, and then clinically dissected the weaknesses in their arguments. However, there is a case for repeating the exercise. As time moves on, so new ideas may emerge or the balance of forces may shift, and an analysis written at the end of the 1980s may not reach quite the same conclusions as one written a few years earlier.
Implications
Authors: Whyte John , FitzGerald Garret
Published: November 2023

In the final chapter of this book I wish to offer some reflections on the preceding material. I shall discuss in turn: (1) how far has common ground been established among researchers into the problem?; (2) why has research on the problem not been more effective in helping towards a solution of the problem?; (3) how far, notwithstanding the limited effectiveness of research to date, has research into the Northern Ireland problem been worth while?; and (4) is there any way in which future research can be made more fruitful?
Raiding and Counter-Raiding 1951-1953
Authors: Morris Benny
Published: November 2023

The Saffa, Falama, and Sharafat raids did not bring tranquillity to the borders. Indeed, Arab economic infiltration and occasional painful terrorist raids continued apace. On 5 and 6 March 1951 IDF trucks struck mines in the Beit Jibrin area, and on the night of 7/8 March a gang of ‘5 or 6 armed Arabs’ from the Gaza Strip fired on guards of a road building company at Magen. From March to June there were thefts of animals, equipment, and crops from dozens of settlements. Infiltrators assaulted a number of Israelis, including an Israeli bedouin of the ‘A.rabal tribe, who was killed south of Beersheba by two ‘hostile bedouin’ who stole four of his asses.
Sharett’s Year, 1954
Authors: Morris Benny
Published: November 2023

Ben-Gurion resigned from office on 6-7 December 1953. Sharett was caretaker prime minister until he was sworn in, as the Old Man’s successor, on 26 January 1954, also retaining his portfolio as foreign minister. It was to be just over twelve months before Ben-Gurion returned to the Cabinet (as defence minister), twelve months in which Sharett was able to operate relatively free of that domineering presence, though Ben-Gurion’s proxies, Lavon and Dayan, were always close at hand, causing trouble for Sharett and keeping Ben-Gurion abreast of developments. The twelve months were to be a protracted test both of Sharett’s mettle as national and party leader and of the viability of a policy of moderation.
Pluralism, Freedom, And Human Nature
Authors: Galipeau Claude J
Published: November 2023

In this chapter, I sketch Berlin’s model of human nature and society, with particular emphasis on his theory of moral pluralism and freedom of will. The point is to show that regardless of his critique of fixed theories of human nature, Berlin’s political liberalism is supported by a model of human nature. His aim has been to criticize the tenets within the Western tradition and models of human nature and society which he believes have lent support to authoritarian rule not only in this century, but since ancient times. The central antagonists in Berlin’s work are the ‘single-minded momsts’ mentioned in the quotation above, as well as their political minions. He has consistently sought to undermine the ideologies of those ‘ruthless fanatics’, all too common in this century, who seek perfection in politics because they believe in a vision of a perfect, wholly harmonious, moral order. Like the robin in the fable, Berlin is a maverick. His critique of monism in moral and political thought in effect gives the rationalise thought-kettle one swift kick. In this thought-kettle are brewed at least two principles.
Two Concepts Of Liberty
Authors: Galipeau Claude J
Published: November 2023

Bertrand Russell’s dictum applies fittingly to Berlin’s work. The thoughts and beliefs protected by his own ‘inner fortress’ are ‘simple and unsophisticated’. His is a clear and consistent ‘vision of life’. Simply put, it is that of a classical liberal, with romantic tinges. This is apparent in his essay, ‘Two Concepts of Liberty’. Critics, however, have dwelt less on the aspects of the vision than on the analytical coherence of the distinction he makes between negative and positive freedom.
The Society Islands
Authors: Gell Alfred
Published: November 2023

Tahiti lies 1,200 nautical miles ESE of Samoa, virtually in the direction from which the trade winds blow. The voyage between the Society Islands and western Polynesia was beyond the scope of local canoes and there was no cultural interchange between central and western Polynesia in the eighteenth century, when written testimony begins. In this chapter, therefore, we are concerned with an essentially independent social and cultural system. But there are none the less many continuities between the two areas. According to Kirch, central Polynesia was settled, probably from Samoa, about 200 BC, that is to say about 1,000 years later than the settlement of western Polynesia by the first Lapita colonists.

The Society Islands consist of a chain of islands divisible into two groups, the leeward group (Raiatea, Tahaa, Porapora, Huahine, Maupiti, and Tupai) and the windward group (Tahiti, Moorea, Meetia, Maiao, and Tetiaroa). Of all these, Tahiti is much the largest. Following Oliver (1974) I will refer to the population of the Society Islands collectively as ‘Moahi’, the word which they used to refer to themselves.
The Marquesas
Authors: Gell Alfred
Published: November 2023

The tattooing style of the Marquesas Isles was the most elaborate and exten sive of any to be found in Polynesia. As in the Society Islands, both sexes were tattooed, though only men were tattooed from head to foot, and women’s tattoos, though extensive, were mainly confined to the upper and lower limbs, genitalia, and buttocks. All-over tattooing (Pahu tiki, ‘wrapping in images’) is a development unique to this area. But it was not just the uncommonly complete coverage of the body surface by tattoos which distinguishes the Marquesan style; no less remarkable was the large number and individual complexity of the motifs employed in the composition of the design as a whole. Von den Steinen (1925) enumerates no less than 174 individually named motifs still recognized by his Marquesan informants in 1891—half a century after tattooing had been officially forbidden by the French colonial authorities. This compares with a figure of no more than 50 named design units in Samoan tattoo, the next most complex system of which we have adequate documentation. In the Marquesas, tattooing was a major art form-perhaps the major art form, though the high quality of Marquesan art production in other media, especially carving in wood, bone, and shell, ought not to be overlooked. In the Marquesas, Polynesian tattoo art had effloresced and attained a peak of development and sophistication not to be matched anywhere else.
Mangareva
Authors: Gell Alfred
Published: November 2023

Geographically speaking, Mangareva lies at the eastern extremity of the Tuamotu archipelago, but its strongest cultural affinities were with the Marquesas, from where it was probably settled, sometime towards the end of the first millennium. Though it consists of a group of high islands, they are so small that the cultivable area available is no greater than on some of the larger atolls (Goldman 1970: 15). This cramped habitat was none the less densely occupied. The population of ‘some thousands’ subsisted primarily on fermented breadfruit, which was stored in pits in the same way as in the Marquesas. Taro, yams, pandanus, coconuts were cultivated. Pigs had become extinct within the span of traditional memory, but there was a lagoon which provided accessible seafood. The historical traditions of Mangareva do not indicate recurrent famines so much as chronic pressure on food resources. The small area of cultivable land was continually fought over (Buck 1938b: 21—95, 187—93).
The Epidemiology of Polynesian Tattooing Concluding Comments
Authors: Gell Alfred
Published: November 2023

Now that the detailed presentation of the ethnography of Polynesian tattooing has been completed, it is time to survey the results in broader comparative perspective. The germinating idea of this book was, it will be recalled, the search for intelligible co-variation between, on the one hand, particular complexes of tattooing practices and institutions, and, on the other, contextual social and political factors. Has the supposition that such intelligible covariation exists proved sound? —or does the evidence, considered overall, indicate that the relationship between society and the culture of the body is under the sway of so many diverse factors that no very definite or far-reaching generalizations are warranted? In other words, does tattooing have a consistent epidemiology such that it predictably affects certain social isolates in a very virulent manner, while leaving others relatively untouched? And if so, what are the mechanisms which heighten or dampen susceptibility to this cultural ‘disease’?
The political theory of impartial justice
Authors: Barry Brian
Published: November 2023

In this chapter, I shall pursue two related aims. In the present section, I shall continue the theme of the last section of the previous chapter by contrasting the utilitarian approach to constitution-making with that implicit in justice as impartiality. The rest of the chapter will focus on justice as impartiality, showing how it bears on a variety of issues in the appraisal and design of political institutions. I hope that this discussion will give some substance to the idea of justice as impartiality, making clearer its practical potential.
Impartial justice and individual discretion
Authors: Barry Brian
Published: November 2023

It is a commonplace that anglophone moral and political philosophy has for the past decade been the scene of a running battle between defenders and critics of impartiality. In one camp are Kantians, utilitarians, and sup porters of what I have called justice as impartiality. Ranged against them are a variety of anti-impartialist philosophers of whom Bernard Williams is probably the best known and certainly the funniest. These are joined by a school of feminist critics of impartiality from several disciplines, including notably social psychology as well as philosophy. The most distinctive theme of these feminist critics is that the typical impartialist concern with rights and duties is a distinctively male concern and that an ‘ethic of caring’ more characteristic of females is equally valid or, according to some, should drive impartialist ethics from the field altogether.
Kohlberg and the feminist critique of impartiality
Authors: Barry Brian
Published: November 2023

Universal first-order impartiality has been advocated by very few moral philosophers. Despite this, it seems to be widely believed that morality really demands it, and that we must therefore despair of ever being able to meet its demands. This is the conclusion that emerges from James Fishkin’s study of what he calls ‘ordinary moral reasoners’, entitled Beyond Subjective Morality. Its subjects were in fact fellow students or ex-students at Yale University and the University of Cambridge. Fishkin found among them a widespread belief that ‘in any adequate moral system moral obligations must be determined with what might be called strict impartiality, that is, with no special regard for one’s own interests, situation, or relations with others’.1 Finding this demand insupportable, many of Fishkin’s respondents concluded that the notion of an adequate moral system was a chimera and lapsed into various forms, of subjectivism. Fishkin’s study was originally carried out as part of the work for a Ph.D. dissertation supervised by Bernard Williams. And although Williams scarcely qualifies as an ‘ordinary moral reasoner’, it seems clear that his conception of what he calls ‘morality’ is the same as that found to predominate among Fishkin’s subjects, and that his reaction in writing off ‘morality’ so conceived is also the same as theirs.
Italy: The Crisis of an Introvert State
Authors: Bianchi Patrizio
Published: November 2023

The term ‘National Enterprise’ refers to companies which operate at the global level but have strong roots in the national society; it might also be argued that they are companies which are fully integrated in the global economy but have a special duty to defend specific national interests. This definition assumes that the economy is globalized but the polity is still fragmented among nation states.
The Channel Tunnel: The Problems of Binational Collaboration
Authors: Holliday Ian
Published: November 2023

By any standard, the Channel Tunnel is a major infrastructure project. Costing around £10 billion to build, and employing at the height of construction activity in mid-1990 a total of 13,500 people in Kent (8,300) and Nord-Pas de Calais (5,200), it was Europe’s largest construction project at the end of the 1980s and start of the 1990s. On officially opening for business on 6 May 1994 it was transformed into one of Europe’s most strategic pieces of transport infrastructure. The Tunnel substantially reshapes surface transport in north-west Europe by providing for the first time direct rail links between Britain and the Continent, as well as shuttle services for road traffic. In both the short and long terms, the Tunnel is a project with substantial regional economic—and possibly political—impacts.2
An Economic Perspective
Authors: Biehl Dieter
Published: November 2023

The purpose of this chapter is to stress that economic method, adequately designed in order to deal with political phenomena, is capable of presenting a full approach to an understanding of the costs and benefits of federal systems. It is organized as follows. First, an extended-cost approach is presented that may be used as a sort of frame of reference for evaluating existing constitutions and designing new elements of a (written or unwritten) constitution. With the help of this approach, the actual financial constitution of the European Community is then analysed in order to identify possible deficiencies. A final section draws conclusions from this analysis as to a blueprint for reform.
Switzerland: The Model in Need of Adaptation?
Authors: Thürer Daniel
Published: November 2023

In a recent handbook about the federal systems of the world, Switzerland is described as being ‘one of the three classic federations in the world along with the United States and Canada’ and furthermore ‘the oldest and probably the most fully federal in its political culture and structure’. Is Swiss federalism—as one could legitimately ask—an outdated, anachronistic form of government without any relevance, is it even an obstacle for effectively dealing with present-day problems of public life, or is it a help in solving the challenges of modern society? Whichever is the case, it is worth considering the three questions set out in the following pages, namely: What are the particular features of the Swiss federal system? How does it adapt to the dynamics of European integration? Could the Swiss federal system be applied, in whole or in part, as a model for organizing and shaping Europe?
The Reform of the Belgian State
Authors: Senelle Robert
Published: November 2023

It would not be worthwhile setting out the evolution of the Belgian State without bearing in mind that Belgium, just like Switzerland, constitutes the border between the Germanic and Roman cultures. Of course, there are remarkable differences between Belgium—the former southern or Catholic Low Countries—and Switzerland, although both countries are multi-lingual. Linguistic diversity was a characteristic of the Belgian principalities from their earliest history. The most important aspect of this diversity is a clearly demarcated linguistic boundary dividing the present state of Belgium into two parts from east to west, from the north of Lille to Aachen in Germany. To the north of this line Dutch is spoken, to the south French.
Introduction
Authors: Malcolm Neil , Pravda Alex
Published: November 2023

This book is an attempt to analyse the way internal forces are influencing Russian foreign policy in the new, still rapidly evolving post-Soviet environment. It is one contribution to the large enter prise of building up a comprehensive analysis of foreign policy in Russia and the other new states, conceived of as something emerging from a complex process of interaction of domestic and external factors.