bluuebunny/crossref_metadata_2025 huggingface dataset:
The Forces of Law
Authors: Waluchow W J
Published: October 2023

In the preceding chapter we introduced Ronald Dworkin’s distinction between the grounds and the force of law. We noted his suggestion that whatever a legal-grounds theory identifies as law will almost always be conceived by its author as justifying the use of state coercion. This led us to examine Dworkin’s theory of interpretive conceptions of law and to draw several distinctions ignored in Dworkin’s account. We saw how value can enter legal theories in a wide variety of ways without their being turned thereby into attempts to justify coercion. In this chapter I wish to give further consideration to Dworkin’s distinction between the grounds and the force of law and argue that, while on the right track, it needs to be developed and fleshed out more precisely in ways apparently not contemplated by Dworkin. I shall expand upon the intuition that the question ‘What is the present law on this matter?’ is logically distinct from questions concerning how citizens and judges should, both morally and, in the case of judges, legally, respond with respect to that law. As will be seen, this is a distinction which applies not only in cases where the law is wicked and disobedience is called for; it also seems to apply in very ordinary cases in which judges depart from authoritative precedent.
Morals and the Meaning of Laws
Authors: Waluchow W J
Published: October 2023

Inclusive positivism has now been shown to be a coherent, plausible descriptive-explanatory theory of law which accords political morality a role in determining the existence and content of valid laws. As inclusive positivism suggests, principles of political morality are among the possible, though by no means necessary, bases for determinations of law. There is nothing in the concept of law itself which requires that political morality serve a determinative role. If it does serve some such role, this is only because the community has, through its variable legal practices, made this choice, and that choice could have been and might yet be different. If all this is so, then a question naturally arises: Should our legal practices assign political morality the roles which inclusive positivism warrants as conceivable? Or should our practices be such as to make the existence and content of laws one thing, their merit or demerit another thing altogether? As noted earlier, Neil MacCormick advocates the latter option. He wishes not only to show that there is considerable merit in (exclusive) legal positivism.
Release Agreements
Authors: Amerasinghe C F
Published: October 2023

Although the Respondent did not find that the Applicant’s ... claims were well-founded, it offered the Applicant an ex gratia payment in the sum of Rs. 13, 200, ... equal to four months’ salary in ‘full and final settlement of his claim against the World Bank... .’ ... 24. On May 7, 1986 seven months after the offer of the ex gratia payment was made, the Applicant wrote a letter to the Respondent, saying inter alia:
Sources Of Law
Authors: Amerasinghe C F
Published: October 2023

The Tribunal, as an international tribunal has the inherent power to interpret its own decisions in case of dispute between the parties as to their meaning or scope, even if its Statute contains no provision to that effect. The Hague Convention on Pacific Settlement of Disputes of 1907 gives expression to this general principle, when it provides in Article 82 that: Any dispute arising between the parties as to the interpretation and execution of the award shall, in the absence of an agreement to the contrary, be submitted to the decision of the tribunal which pronounced it.
Détournement De Pouvoir
Authors: Amerasinghe C F
Published: October 2023

In earlier cases arising from the Reorganization, the Tribunal has been confronted with claims that an applicant was improperly denied selection to a position that the Bank in fact gave to another staff member. This is the first case before the Tribunal in which an applicant claims to be qualified to serve in a post-Reorganization position that was left vacant. In such a case, a finding of redundancy must turn upon a conclusion that the content of the position was so defined as to render its previous occupant no longer qualified to discharge its responsibilities. Unsatisfactory performance by a staff member in his or her position prior to the Reorganization cannot alone furnish a basis for terminating service with the Bank on the ground of redundancy. To do so would be an improper use of the Reorganization procedures in order to avoid the protections otherwise afforded by the Bank’s governing documents-Staff Rule 7.01 in particular-for termination of employment, and would therefore constitute d  étournement de pouvoir, subject to reversal by the Tribunal. (Jassal, Decision No. 100 [1991], para. 31)
Staff Association
Authors: Amerasinghe C F
Published: October 2023

The Kafka System as adopted by the Executive Directors of the Respondents on May 24, 1979 stipulated that staff compensation should be reviewed in accordance with the following principles.there should be a comprehensive review of staff compensation every third year and in the intervening years pay should, in normal circumstances, be adjusted in the light of movements in the pay levels of comparator organizations in the chosen markets;
Promotion And Demotion
Authors: Amerasinghe C F
Published: October 2023

The relief requested by the Applicant appears to imply that the job offers made would, if accepted by him, have meant his demotion to a level 24 position, while he occupied a level 25 position.
Remedies
Authors: Amerasinghe C F
Published: October 2023

For the above reasons the Tribunal unanimously decides that: the Respondent shall pay the Applicant a sum equivalent to two months net base salary; ... (Alan Berg, Decision No. 73 [1988], Decision (1)
Miscellaneous
Authors: Amerasinghe C F
Published: October 2023

A staff member of the Bank sought to intervene in this proceeding in order to protect his asserted right to confidentiality of the contents of a report prepared in late 1987 by a committee especially appointed to look into charges of mismanagement in IAD. He claims that on a number of occasions the Bank gave him explicit assurances that the contents of the report would not be disclosed, and the Respondent has in fact acknowledged its confidential nature. Because the Tribunal has taken steps to preserve such confidentiality in connection with its earlier Order to make an abridged copy of the report available to the Applicant, and has otherwise satisfied the interest of the petitioning staff member to the degree it deems proper and possible, the Tribunal, without ruling on the issue of admissibility, decides that the application for intervention is in any event without object.
The Diplock Context
Authors: Jackson John , Doran Sean
Published: October 2023

There is a simple paradox which has attached to the operation of the Diplock court system since its inception in 1973. The idea of trying serious criminal cases without a jury is anathema to many educated within the common law tradition. To others, the system is undesirable but essential in the difficult circumstances which prevail in Northern Ireland. Others still have had no reservations about the removal of the jury from cases with ‘terrorist’ connections. Common to these reactions, however, is the realization that the introduction of trial by judge alone marked a departure from the realms of normal criminal procedure. Yet as we have noted, the transition to non-jury trials was unaccompanied by substantial formal modification to the traditional adversarial system of trial. This tension, between the general understanding of the Diplock court as something out of the ordinary and its cloak of legal normality, is central to this book.
Implied Assertions
Authors: Choo Andrew L -T
Published: October 2023

It will have been clear from the preceding chapters that the hearsay rule applies to express factual assertions made orally or in writing. Equally, the rule applies to express factual assertions made by conduct. Such conduct would include sign language, pointing to something or someone, nodding the head in response to a question or suggestion, shaking the head in response to the same, and so on. In Chandrasekera v. R., evidence was adduced that a murder victim, whose throat had been cut and who was therefore unable to speak, had made certain gestures indicating that it was the accused who was responsible for her injuries. Asked whether it was the accused who had cut her throat, she nodded. The Privy Council, drawing an analogy between this and the use of the finger alphabet by a person unable to speak, held that the evidence was hearsay, albeit hearsay which was admissible under an exception substantially similar to the common law dying declarations exception2 and contained in section 32 of the Evidence Ordinance 1895 of Ceylon.
Introducing the Examiners
Authors: O’Dell T H
Published: October 2023

Secret patents got off to a good start in the twentieth century when a question on them was asked in the House of Commons on 22 April 1901. William Redmond, MP for East County Clare, asked the Secretary of State for War to comment on the fact that two academics, who were also consultants to the War Office, had just applied for patents, in their own names, on improvements to detonators and explosives. William Redmond (1861-1917) was the younger brother of John Redmond (1851-1918), the leader of the Irish Nationalists at Westminster. His question on patents was the kind of question his party used, with good effect, continually to harass the government, at the time a radical Tory administration under the leadership of the Marquess of Salisbury and already embarrassed by its inability to bring the war in South Africa to an end. The question implied that some kind of corruption might be taking place, for the lay person, knowing that patents, like books, attract royalties for their authors, and that royalties by their very name must be of some consequence, would assume that great sums of money were involved. The Secretary of State had to give a full answer to the insinuation, and for the first time in Parliament some reasons were given for the policy on secret patents.
Between the Wars
Authors: O’Dell T H
Published: October 2023

The recognition that something might be wrong in the way that British industry had been organizing itself had come quite early in the 1914-18 war. In July 1915 a government paper outlining what the new policy should be for supporting industrial research stated: It is well known that many of our industries have since the outbreak of war suffered through our inability to produce at home certain articles and materials required in trade processes, the manufacture of which has become localized abroad, and particularly in Germany, because science has there been more thoroughly and effectively applied to the solution of scientific problems bearing on trade and industry and to the elaboration of economical and improved processes of manufacture (BPP 1914-16 (8005), 1. 351).
Introduction: Regulatory Competition and Institutional Evolution
Authors: Bratton William , McCahery Joseph , Picciotto Sol , Scott Colin
Published: October 2023

Reductions in border controls and other forms of state intervention have created a much greater potential for, if not always actual increases of, flows of goods, services, capital, and labour between jurisdictions. Talk of ‘globalization’ is widespread among observers, both popular and academic, who speculate about the implications of this increase in the fluidity and open ness of the world economic system. The reduction in border controls has brought more sharply into focus the ways in which differences in national arrangements, including regulatory systems, may act as ‘non-tariff-barriers’ hindering cross-border flows. At the same time, the concept of competition has emerged in a more pervasive form, and is invoked as a counterweight to these institutional constraints. Competitive markets are no longer under stood only as structuring private economic relations, but also as an actual or potential determinant of levels and modes of public provision and state activity. National governments are seen not only to respond to the politically-expressed wishes of their citizens, but to the exigencies of inter national market forces.
The Limits of Jurisdiction to Prescribe
Authors: Lowenfeld Andreas F
Published: October 2023

Having opened up so many subjects in the first chapter, I hope to explore them one by one in the succeeding chapters. I want to start with a search for the limits, if any, of national jurisdiction over transnational activity. Everyone understands that a state has jurisdiction over activities carried out wholly within that state, i.e., where both conduct and effect are con fined to the state that exercises jurisdiction to apply its law. All other exercise of jurisdiction seems to be referred to as extraterritorial jurisdiction, with more than a hint that ‘extraterritorial’ means ‘exorbitant’, if not ‘illegal’. I think it is unfortunate that the term ‘extraterritorial jurisdiction’ has acquired this pejorative cast.
The Growth of Institutional Share Ownership
Authors: Stapledon G P
Published: October 2023

This chapter is divided into two sections, which deal with the UK and Australia respectively. Each section first presents a statistical picture of the growth of institutional share ownership in the post-World War II period. There is then a brief description of the main types of institution in each country, and finally an outline of the reasons behind the absolute and relative growth of institutional share ownership. The chapter is brief because an understanding of the background, size, and growth of the institutions ‘ beneficial shareholdings is less important, for present purposes, than an appreciation of the position of the fund managers which manage the equity investments of the institutions. The latter topic is covered in Chapters 3 and 6. Table 2.1 shows the distribution of beneficial ownership of the listed ordinary shares of quoted UK companies over 1963-94. Institutional ownership of the listed UK equity market was 29% in 1963, 34.2% in 1969, 47.3% in 1975, 57.6% in 1981, 60.6% in 1992, and 59.8% in 1994.
Areas of Involvement in the UK
Authors: Stapledon G P
Published: October 2023

One aim of this chapter is to bring to light the wide range of shareholder and corporate-governance issues with which UK-based institutions have been concerned (i.e. what matters they have been concerned about). Another aim is to analyse these issues and thereby to draw out the features which exist commonly amongst a number of issues, and then to explain the significance of these commonly occurring features. The discussion is divided into two broad sections. First, attention is focused upon procedural and general issues. Secondly, company-specific issues are addressed. A procedural or general issue is one which ‘arise[s] in similar form at many companies ‘, whilst a company-specific issue is one peculiar to the company in question. The issues are only touched upon because the more important thing is how the institutions have involved themselves in these matters—which is described in detail in the next chapter. It is not possible to divide completely the discussion of what and how a—degree of overlap is inevitable—but the separation into two chapters allows a detailed coverage in Chapter of the manner of involvement without sidetracking too much into the specific issues concerned.
The Involuntary Launderer: the Banker’s Liability for Deposits of the Proceeds of Crime
Authors: Gleeson Simon
Published: October 2023

The money laundering legislation creates a series of criminal offences which apply to every person. It also imposes a series of particular duties on financial institutions. It is important to understand the effects of this legislation, and these are summarized as the first part of this chapter. The second part examines the position of a financial asset in the hands of a bank and reviews the methods by which the asset may be taken out of the bank’s hands. The third part investigates the extent to which the new legislation interacts with the doctrine of notice and inquires whether the doctrine is extended by the regulations. I. The Nature Of Money Laundering Money laundering as a general concept may be relatively easily defined as rendering the proceeds of crime unrecognizable as such. However actions intended to prevent or hinder the detection of an offence have been for a very long time crimes of misprision of felony. Money laundering as a separate offence therefore begins where the intention to conceal ends.
Magazines
Authors: Barendt Eric , Lustgarten Laurence , Norrie Kenneth , Stephenson Hugh
Published: October 2023

It is difficult to generalize about the impact of the libel regime on the magazine industry as a whole, because the industry is so heterogeneous in character. Magazines vary by size of circulation, from radio and television listings magazines, each selling over three million copies weekly, and consumer magazines like Woman’s Weekly, selling over one million, to special interest or fringe political magazines selling a few thousand copies. They vary also by frequency of publication: weekly, fortnightly, monthly, quarterly, biannually, annually. Some are owned and published by subsidiaries of multinational corporations and are sold in significant quantities in other countries. Some are extremely parochial, or struggle to survive financially from issue to issue. With recent technical developments in desktop publish ing and printing, the relatively much greater ease and lower cost of producing a magazine in the first place have encouraged the launching of new publications, including those for very small potential markets. Accordingly, the birth and death rate of magazines is much higher than is the case in other media.
Courts, Constitutions and Fundamental Rights*
Authors: Mason Sir Anthony
Published: October 2023

The role of the courts in the framework of government-the way in which they administer the rule of law-is in the process of evolutionary change, both in the United Kingdom and Australia. The forces driving that process of evolutionary change in both countries are broadly similar, though in the United Kingdom they are directly related to its membership of the European Community and its subjection to the legal regime which that membership entails.
The Hardness of Hard Treatment
Authors: Kleinig John
Published: October 2023

In February, 1996, Rosemary West was convicted of ten murders of young women, including a daughter and stepdaughter. The British public were shocked by the gruesome details as they gradually unfolded. West (whose co-defendant husband committed suicide in custody) was sentenced to life imprisonment on each count. In a subsequent newspaper article, Stephen, Rosemary’s eldest son, reportedly complained about the apparently comfortable life his mother had in prison. His mother was reading the classics, attending seminars, and working 40 hours a week making toys: ‘She is happy and quite content and has found a lot of friends. This is disappointing, really.
Politics Matter: a Comparative Theory of Lawyers in the Making of Political Liberalism
Authors: Halliday Terence C , Karpik Lucien
Published: October 2023

Three theoretical systems have dominated scholarship on professions: functionalism, market control, and jurisdictional control. The first studies how a community could maintain cultural conformity in order to achieve a service relationship; the second concentrates on the monopolistic strategy of extracting market rent and thus social privilege; and the third treats the deployment of knowledge for the creation and defence of work jurisdictions as a way to define boundaries between work domains. Although significantly different from each other, these approaches have one feature in common—the neglect of politics.
The Politics of Professionalism: the Creation of Legal Aid and the Strains of Political Liberalism in America, 1900-1930
Authors: Grossberg Michael
Published: October 2023

In 1869, Philadelphia lawyer and pioneering bar ethicist George Sharswood expressed his hope that ‘the time will never come at this or any other bar in this country, when a poor man with an honest cause, though without a fee, cannot obtain the services of honorable counsel in the prosecution of his rights’. Less than a decade later, however, the leaders of a New York City immigrant aid society decided that just such a time had come; they felt compelled to add legal assistance to their array of services. And by the first years of the next century securing legal counsel for poor clients had been transformed into a full-blown national movement, legal aid.
Speaking Justice to Power: A Fifth Wave of Access to Justice Reform?
Authors: Parker Christine
Published: October 2023

The access to justice strategy set out in Chapter 4 asks us to reimagine access to justice as something other than a professional system controlled and rationed by lawyers and judges (with a few alternatives tacked on). If access to justice is to be significantly improved, a priority is to ensure that justice is being done in everyday transactions and interactions and that legal and alternative individual dispute resolution options are placed within a context of community and political action. Chapter 7 concluded that access to justice strategizing should start by addressing concrete problems of justice and only then move to considering what role legal professionals should play.
British Public Opinion and the European Community
Authors: Nugent Neill
Published: October 2023

A Major initial difficulty in attempting to deal with British opinion-be it opinion on the European Community or on any other matter-is that the very term ‘British opinion’ is often used and applied in different ways. At its broadest and, it may be thought, its most correct, the term is taken to refer to the opinion of the British people as a whole This is commonly referred to as public opinion. A second, and frequent, use of the term is as a sort of shorthand for ‘the opinion of the British Government’. In this context the assumption is frequently made-not always with much evidence-that governmental opinion is the same as public opinion.
Latin America
Authors: Angell Alan , Kinzo Maria D’alva , Urbaneja Diego
Published: October 2023

Elections in Latin America are held under sharply differing circumstances, ranging from civil war in El Salvador to the peaceful routines that characterize Venezuela. They may be conducted with scrupulous attention to legal regulations, as in Costa Rica, or with flagrant violations of all such codes as in the recent elections in Haiti. Within the same country, elections in the modern urban areas may resemble a modern North American campaign while in the backward rural areas the politics of clientelism and patronage largely determine and deliver votes. In some countries, parties may have adopted the techniques of modern electioneering, but without much change in policies or organization or behaviour. In other countries, the modernization of electioneering techniques has been accompanied by the modernization of the overall political system, with the development of new parties, new policies, and new modes of political behaviour.
India
Authors: Manor James
Published: October 2023

Electioneering has changed considerably in India since the first exercise of universal suffrage in 1952, but this owes far less to legal or technological changes than to changes in the political system. It is mainly attributable to political awakening within the electorate and to decay within political institutions.1 India’s parliamentary and electoral systems bear a strong resemblance to those of Britain. Elections to the Lok Sabha, the dominant lower house of India’s parliament, must in normal circumstances be held within five years of the previous election (although by act of parliament during the State of Emergency declared in mid-1975, six years were allowed to elapse between the 1971 and 1977 polls). The same is true of elections to the state legislatures in this federal system.
Expressive versus Instrumental Voting
Authors: Rose Richard , Mcallister Ian
Published: October 2023

Every vote has a double significance: it expresses the state of mind of an individual elector and it is an act in an instrumental process for determining control of government. The two functions are related but very different (Rose and Mossawir 1967; Pammett 1988). For students of voting, the state of mind of an individual is of first importance; the ruling dictum is expressed in the epigram above from the path-breaking University of Michigan study The American Voter; the emphasis should be upon individual motives and behaviour. For students of government, however, the critical question is which party gains control of office. The primary consideration is the transformation of votes into seats in Parliament and thus into seats in Cabinet. Schumpeter’s perspective is appropriate to the parliamentary tradition, focusing on elections as instruments in elite struggles for power.
Introductory
Authors: Dresch Paul
Published: October 2023

Yemen is the mountainous region at the southern tip of Arabia. The present book is intended primarily as a contribution to the area’s ethnography, and particularly to that of a large bloc of tribes there named l;Iashid and Bakil These tribes are important nowadays, when Yemen itself receives quite frequent mention in the Western press, both as the site of a large oil find (1984) and as supposedly a strategic point on the straits which link the Red Sea with the Indian Ocean. In such connections the tribes are usually mentioned also. But their ethnographic interest runs far deeper than current affairs. They have been much where they now are since at least the beginning of the Islamic era (indeed, they were prominent in the rise of Islam itself, which scattered Yemeni names from Spain to Central Asia), and tribesmen have always 1since then been prominent in Yemen’s history.
Land, People, and Paper in Western Amazonia
Authors: Gow Peter
Published: October 2023

It is hard to see Amazonia as landscape, in the sense this term has for people from temperate climes. The land does not recede away from a point of observation to the distant horizon, for everywhere vegetation occludes the view. In the forest, sight penetrates only a short distance into the mass of trees. Along the big rivers, you can see further, but even here there is no distant blue horizon. The sky starts abruptly from behind the screen of forest. Sight is hemmed in, and you would succumb to claustrophobia had not a plane journey or many days of travel let you know the scale of this land of big rivers and unending forests. To travel in most of Amazonia is to pass through an endless succession of small enclosed places, and to imagination itself is left the task of contructing out of these an immense extension of space. Only when an Amazonian landscape has been radically transformed by roads and deforestation is it revealed as visually extended space. A bright red road extends to the horizon, while buildings, fences, and isolated trees recede away into the distance. It looks more like a northern temperate landscape, with the wilderness forest no longer dominating the visual field, but simply a hazy transition between land and sky in the far distance.
Constitutional Policy and Change in Europe: The Nature and Extent of the Challenges
Authors: Hesse Joachim Jens
Published: October 2023

During recent years constitutional issues have claimed increasing attention in many European countries. In Central and Eastern Europe there can be no doubt about what has thrust constitutional debates into the foreground of public life: the social and political transformations which have occurred there present a constitutional challenge of the most urgent kind. These societies, caught up in the simultaneous process of democratization and economic reform, need to establish as soon as possible institutions which will be accepted as legitimate and offer promise of stability.
Government versus Trade Unions
Authors: Bos Dieter
Published: October 2023

In this chapter the government is perceived as an institution which wants to draw some money from selling its property and so willingly cooperates with private shareholders who also are interested in the value of the firm. For an explanation we can assume that the government is interested in reducing the tax pressure, increasing particular public expenditures, reducing the public debt, or ‘taking the nationalised industries out of the public sector borrowing requirement’ (Brittan, 1986). In short: the government is interested in money.
Privatization and Market Entry
Authors: Bos Dieter
Published: October 2023

Consider a public utility, like gas, electricity, or telecommunications, which is going to be privatized. The government does not want the utility to exploit its monopolistic market position and therefore makes two provisions: it regulates the firm with respect to its prices, and it encourages market entry to promote competition and lower prices. Such a combination of fiscal policy provisions has been applied to privatized firms. A recent UK example is British Telecom.
What is Normative Theory?
Authors: Bos Dieter
Published: October 2023

A ‘normative’ theory of privatization shows the composition of private and public ownership which maximizes welfare in an economy. Consequently, the respective rules on privatization can be justified by some higher-order value judgments as formally expressed by social welfare functions. It should be noted that the results of normative theory have empirical content: in principle they are empirically applicable.
The Economy
Authors: Bos Dieter
Published: October 2023

There is one public good whose quantity G 2’.: 0 is determined by the government. The public good serves as the numeraire. Hence G denotes both the quantity of the public good and the corresponding amount of public expenditures. We define an extended price vector Consequently, the public good is perfectly divisible in production, although there is no rivalry in consumption. of whether its shares are owned publicly and privately or wholly privately. The privatized firm of our model can be interpreted as a single firm, as a group of related enterprises, or as the total enterprise sector which was publicly owned before the privatization process started.
Dividend Incomes and Optimal Privatization
Authors: Bos Dieter
Published: October 2023

In this chapter we concentrate on the income effects from privatization. Hence we now assume that consumers own shares of the private firms and will buy shares of the privatized firm at a price The government’s instruments are the issue price P and the shares 0h. Therefore, for the first time in our normative analysis, capital income effects matter, because the issue price P may be low and thus lead to considerably large incomes for the owners of the privatized firm. Moreover, the distribution of shares is, of course, of central distributional concern.
Economic Policy in Countries Prone to Temporary Trade Shocks
Authors: Bevan David , Collier Paul , Gunning Jan
Published: October 2023

The economies of many developing countries are ‘small’, ‘open’, and experience spasmodic external shocks. By ‘small’ we mean that the country is not able to influence its external terms of trade but must accept the prevailing world market prices for its imports and exports. By ‘open’ we mean that international trade forms a substantial component of GDP. In the past decade, economists have developed a model of how small open economies are affected by external shocks, the theory being termed ‘Dutch Disease’ (after the supposed effects of the discovery of natural gas in The Netherlands in the 1960s). We provide a brief summary of this in Section 2.1. However, this theory focuses upon the effects of a permanent change in the terms of trade, whereas the more relevant phenomenon for many developing countries is that of temporary trade booms and slumps which may last for only a few years. The extension of ‘Dutch Disease’ theory to temporary shocks is more recent; it forms the focus of the present review. The key elements of the theory are outlined in Section 2.2. Asymmetries between booms and slumps are discussed in 2.3. Section 3 considers government policies, and Section 4 describes three examples of temporary trade shocks, a coffee boom in Kenya and the oil shocks in Indonesia and Nigeria.
The Pursuit of Industrial Growth: Policy Initiatives and Economic Consequences
Authors: Page John M
Published: October 2023

During the period following the Second World War rapid industrialization was viewed as a prerequisite for modernization and structural change in most, if not all, developing countries. The huge differences in the role and importance of industry in developing countries, as opposed to its place in advanced economies, was seen as. perhaps, the principal manifestation of economic backwardness and colonial dependence. Kwame Nkrumah, for example, wrote:
Principles of Taxation for Developing Countries
Authors: Ahmad Ehtisham , Stern Nicholas
Published: October 2023

Tax systems should be judged and proposals for reform analysed in relation to systematic criteria and principles. Central amongst these will be the effects on the behaviour and welfare of participants in the economic system. The purpose of this chapter is to set out the simple theory of taxation in a form which leads to principles which can guide proposals for reform and practical, but sound, methods for their analysis. In this we trust that we follow the spirit of Ian Little’s work–whilst he has always been interested in practical proposals he has been constant in his insistence on a firm basis in serious economic analysis.
Government Intervention and Urban Labour Markets in LDCs
Authors: Mazumdar Dipak
Published: October 2023

Government intervention in urban labour markets takes place either through labour legislation impinging directly on private firms or through wages and employment policies followed in the public sector, which accounts for a large part of the urban labour market in many LDCs. This chapter will deal with only the first of these two issues to keep it within manageable length.
The Colonial Burden: A Comparative Perspective
Authors: Maddison Angus
Published: October 2023

Nowadays, the colonial experience gets little attention in development literature and there is a tendency in some quarters to treat its economic impact as unimportant or even benign. This chapter is an attempt to survey its economic impact in the interwar period in Indonesia, which was an extreme case of colonial exploitation. It tries to put Dutch colonialism in comparative perspective. It considers (a) the scale of foreign presence and foreign income which accompanied colonial rule; (b) the payments ‘drain’ to the metropole; and (c) the policy response of the colonial authorities to world recession in the 1930s.
An Optintal Integrated Tax System
Authors: Tuomala Matti
Published: October 2023

So far we have focused our attention on the design of a labour income tax. Other tax and expenditure policies are also often used for the purposes of redistribution. The balance between income taxation and other taxation is undoubtedly one of the oldest issues in taxation policy. In this chapter the interrelation of income tax with other instruments of tax and expenditure policy will be considered in the light of modern optimal tax theory. It is almost conventional wisdom that income taxation is superior as an instrument of redistribution. Commodity taxes, public-sector pricing, and the supply of public goods have been regarded only as a means of allocating resources, not for redistribution. One of the purposes of this chapter is to see how these beliefs hold when income taxation and other instruments are considered in an integrated model.
Critiques Of Rationality As Maximizing Utility
Authors: Walsh Vivian
Published: October 2023

Any discussion of the criticism which has been levelled at expected utility theory, even a brief sketch like the present, must start with the work of Maurice Allais. Only a few of his leading ideas, how ever, can be noted here. Allais is famous for his examples, which offer us pairs of situations in which a reasonable person, choosing subject to risk, may make what for expected utility theory are conflicting decisions. Thus Allais habitually argued that a rational person might well prefer certainty where this is attainable and important sums of money are at issue, and yet at the very same time when dealing with outcomes which are far from certain, weigh utilities by their probabilities as the theory requires (Allais 1979c: 92). On the other hand, when in the neighbourhood of certain ruin, a rational but prudent person might well follow the dictates of expected utility theory as long as the chances of ruin are small, yet simply stay away from any option where the chances of ruin arc greater than some maximum acceptable level.
Philosophical Implications Of Pareto Optimality
Authors: Walsh Vivian
Published: October 2023

The rationality claims of neo-classical theory concerning perfectly competitive equilibrium allocations among freely choosing individual agents are centred upon the concept of Pareto optimality (or Pareto efficiency). We have briefly surveyed the elements of the argument necessary to present this concept in a very austere and simple class of neo-classical models, namely Edgeworth economies. In particular, we glanced at the strikingly demanding requirements for perfect competition among the traders, even in this simple model with no productive activity on stage, and no black-box agents-in other words, with methodological individualism strictly fulfilled. The proposition that any perfectly competitive equilib rium would be in the core (or Pareto optimal) was seen to arise naturally in such models.
The Causes and Character of the Arab Exodus from Palestine: the Israel Defence Forces Intelligence Service Analysis of June 1948
Authors: Morris Benny
Published: October 2023

Since 1948, two contradictory explanations have dominated the historical debate about the causes of the Palestinian Arab exodus. The ‘traditional’ Arab explanation was that the Yishuv had mounted a pre-planned, systematic campaign of expulsion already unleashed in the first months of the first Israel–Arab war. The official Jewish explanation was that the exodus had been part of a ‘plot’ in which the Arab leaders, inside and outside Palestine, had asked or ordered the Palestinian masses to flee their homes in Jewish-controlled territory in order to embarrass the emergent Jewish state, to justify the subsequent Arab invasion of 15 May, and to clear the ground physically, as it were, for the advance of the invading Arab armies.
Introduction
Authors: Colombo Bernardo
Published: October 2023

In 1951-52 at Princeton as a visiting fellow at the Office of Population Research, I enjoyed the opportunity of contact with a brilliant young demographer, John Hajnal. While attending lectures at the Department of Mathematics, he was mainly engaged in preparing documentation for a “Conference on Population Problems” to be held in June 1952 at Williamsburg, Virginia, under the sponsorship of the US National Academy of Sciences. The importance of this initiative is well known among demographers. Hajnal produced two papers that were submitted to the conference participants (Documentation, 1952). The first presented the latest available information and guesses on population growth, natural resources, and economic development. The second addressed the controversies in the field. This second paper was divided into two parts: “Is there a problem?” and “Policies to influence population growth.” Both were structured as dialogues, along the lines followed by Plato and Galileo.
Population Change, Social Security, and the Family in sub-Saharan Africa
Authors: Trappe Paul
Published: October 2023

In this chapter I focus on traditional social structures and their change. This is social change, the change of social institutions, in particular the family, the social security network, and its economic basis. Since I emphasize the notion of change, my approach to the problem is necessarily historical. I concentrate on sub-Saharan Africa to the exclusion of other third world regions. The complexity of my task makes a narrowing of the focus necessary. My focus on sub-Saharan Africa means that I consider this area a clearly defined unit. Hence, I accept such phrases as “African Unity,” “African Identity,” and “African Person ality” without reservation.
Introduction
Authors: Marini-Bettolo Giovanni Battista
Published: October 2023

An important relationship exists in every part of the world between health and the environment, whether the environment is predominantly natural, as in tropical countries, or humanly modified, as in the industrialized countries. Health is the most important of the many factors that determine everywhere the quality of life and the welfare of peoples. For each individual, health represents his or her working capacity and, thus, the means to a better life for himself or herself or for the family. If a substantial number of people in a given country are affected by a disease, for example blindness, that society is disadvantaged because blind people are incapable of working at what is normally understood to be full capacity. The focus of this section is on the relationship between health and the environ ment in developing, mainly tropical countries. It is in the tropics that natural factors cause serious human health problems and indirectly affect people’s social, cultural, and economic development. Before elaborating on this statement, I would like to call attention to the influence of the environment on health in industrialized countries. In recent years, considerable research into the correlation between pollution and health has been carried out in these countries, particularly in urban settings. Studies of sample populations to correlate the presence and the concentration of pollutants in the air, water, and soil with the state of human health have proven difficult because of the number of factors that influence the results. For example, lung cancer cannot be directly correlated with the quality of air because of the presence of smokers and nonsmokers in targeted study groups. The exposure to lead from automobile exhaust is certainly harmful, but lead can also be found in many house paints and even in drinking water.
An Ecologist View of the Malthusian Conflict
Authors: Holling C S
Published: October 2023

I feel uncomfortable, as an ecologist, speaking to an interdisciplinary audience on the Malthusian conflict. That is because we so often use caricatures of other disciplines in order to give sharpness and definition to our own view, to our own understanding, and to our own desires for action. And, in recent years, the caricatures of ecology, as perceived by the public, have little relation to the scientific, biological, and systems traditions that have formed my own ecological research and related policy activities. Disciplinary knowledge is not static. It progresses in lurches of expanded understanding as theory and practice confront reality and as expanded debate with other disciplines widens comprehension. A useful stereotype at one moment can quickly lose its force as issues arise and understanding widens that can better define the human condition and responses to it. That is now the case for a wide range of present issues generated by the expanding and intensifying interaction between people, nature, and economic development.
Gender Gaps in Relationships with Children: Closing or Widening?
Authors: Jensen An-Magritt
Published: October 2023

Has a narrowing of the gap between women and men in employment widened the gap between men and children? In other words do we have indications of a ‘feminization of childhood’ appearing side by side with the ‘new role of women’? This chapter argues that a widening of the gender gap in relation to children is taking place. In arguing for such a hypothesis, female employment is regarded as preceding other changes that have taken place during the last decades, particularly in family patterns.
Are the Interests of Women Inherently at Odds with the Interests of Children or the Family? A Viewpoint
Authors: Presser Harriet B
Published: October 2023

To ask a data-bound demographer to address this question is a formidable challenge. Yet this issue underlies much of the research demographers do and many of the family policies others propose or enact. If we care about the future, we need to take this question seriously and consider both the assump¬ tions we make about gender differences in parenting and the evidence that supports these assumptions. It is in this context that I proceed—with caution. I begin by defining terms and rephrasing the question according to these definitions; I then attempt to answer the question by posing a general thesis; and I conclude with a policy discussion. My discussion focuses primarily on the United States, since I know the data and policy debates best for this country, but many of the points relate to other highly industrialized countries as well. First, then, some definitions.
Democracy, Freedom and Growth
Authors: Bergström Villy
Published: October 2023

The concept of ‘political freedom’ can be viewed in two ways, which are related but not identical. The first defines ‘democracy’ and ‘political freedom’ based upon the existence of free competitive (that is, more than one party) elections. This definition was used in Table 2.2 above. The second focuses on the amount of civil and economic rights that are available to the population: the existence of competitive elections is obviously one major civil right, but others include freedom of the press, freedom of movement, etc.
Income Distribution, Fiscal Policy and Growth
Authors: Bergström Villy
Published: October 2023

In the models of income distribution and growth surveyed in Chapter 4, fiscal policy plays a crucial role in both the political mechanism and the economic mechanism. In the former, government expenditure and the tax rate depend on the distribution of income through the voting process. In the latter, government expenditure and the associated tax rate affect the incentives to invest and therefore the rate of growth. We estimate these two mechanisms in this section: thus, we go beyond the results presented before by decomposing the reduced form regression into its two main components.
The Neoclassical and Endogenous Growth View of Income and Productivity Convergence
Authors: Bergström Villy
Published: October 2023

In the 1950s, Robert M. Solow developed a model that has come to be a standard instrument in the study of economic growth. In this model, the rate of economic growth depends on the speed with which the input of the factors of production-capital and labour-increases. Ongoing growth may be a result of an increase in input of either or both the factors of production.

In Solow’s model, increased saving and capital accumulation leads to a rise in the steady state of production and thereby to only a temporary increase in the rate of growth. Initially, the capital stock per capita rises, and thereby also production per capita. But since capital is assumed to show decreasing returns, the increase in production will decline until the higher saving is matched exactly by the input of capital required to keep the capital stock per capita constant. Production per capita does not increase in the steady state. To the extent that growth occurs, it is determined by technical progress that is not explicable within the framework of the theory.
Comment
Authors: Lommerud Kjell Erik
Published: October 2023

In this interesting paper, Hansson and Henrekson pursue a twofold aim. First, it summarizes empirical research on the ‘catching up’ effect in economic growth, second, it presents the authors’ own work in the field. Their own research on the topic, in turn, draws on three separate studies. I will use most of the allotted space to comment upon these studies one by one.