bluuebunny/crossref_metadata_2025 huggingface dataset:
Breach of Contract, Restitution for Wrongs, and Punishment: Comment
Authors: Eastwood Sam
Published: November 2023

In Chapter 10 Ewan McKendrick highlights the uncertainty about the significance and scope of the ruling of the House of Lords in A-G v Blake (Jonathan Cape Ltd, Third Party).2 Practitioners were never under any illusion that the remedial regime for breach of contract was straightforward but when distinguished academics pronounce that this area has become ‘more complex’ it is a cause for some concern.
Introduction
Authors: Corre Neil , Wolchover David
Published: November 2023

The gaoler’s office of a London magistrates’ court used to display a notice that read ‘PLEASE DO NOT ASK FOR BAIL AS A REFUSAL OFTEN OFFENDS’. At the same court, the brief facts of a case were concluded with the words: ‘He was arrested and cautioned, to which he replied, “Will I get bail?”.’ Practitioners will know of clients who accept with resignation a custodial sentence but campaign with all their energy for the grant of bail. It seems that the adage ‘If you can’t do the time, don’t do the crime’ does not apply to remands in custody.
Renewed Applications For Bail
Authors: Corre Neil , Wolchover David
Published: November 2023

The general entitlement to bail given bys. 4 of the BA 1976 applies whenever accused persons appear or are brought before a magistrates’ court or the Crown Court in the course of or in connection with proceedings for the offence or whenever they apply for bail. At the time of the enactment of the BA 1976 a rule originating in the 19th century precluded magistrates’ courts from remanding an unconvicted person in custody for a period exceeding eight clear days: Magistrates’ Courts Act 1952, s. 105 (now MCA 1980, s. 128(6)). There was no power to remand in custody for longer than eight days, even with the accused person’s consent.
Police Bail
Authors: Corre Neil , Wolchover David
Published: November 2023

Complementing the power of the courts to release accused persons on bail is the important statutory power long enjoyed by the police of releasing on bail persons who have been arrested on warrant for an offence, or arrested without warrant on suspicion of committing an offence and detained for inquiries. The police may also release on bail those arrested for non-attendance at court on a warrant endorsed, or ‘backed’, for bail, pending ‘execution ’ of the warrant before the court.
The Jurisdiction of the Crown Court
Authors: Corre Neil , Wolchover David
Published: November 2023

Section 81(1) of the SCA 1981 (as amended) empowers the Crown Court, subject to s. 25 of the CJPOA 1994, to grant bail to any person in the categories listed immediately below. As listed under the following paragraph letters and numbers, which exactly replicate those in s. 81(1), these are defendants:

(a) sent to the Crown Court in custody, i.e. persons who have been committed in custody to appear before the Crown Court or in relation to whose case a notice of transfer has been given under a relevant transfer provision, i.e. CJA 1987, s. 4 (serious or complex fraud) and CJA 1991, s. 53 (offences of a sexual, violent or cruel nature involving a child witness or child victim) or who have been sent in custody to the Crown Court for trial under s. 51 of the CDA 1998 (as inserted by sch. 8, para. 48, to the CDA 1998);

(b) appealing against a magistrates’ court custodial sentence, i.e. persons who have been given a custodial sentence by a magistrates’ court, and who have appealed to the Crown Court against conviction or sentence;

(c) in Crown Court custody waiting to be dealt with by that court;
The Jurisdiction of the High Court
Authors: Corre Neil , Wolchover David
Published: November 2023

It had long been almost the cornerstone of English law relating to bail in criminal cases that a defendant who had been refused bail by a magistrates’ court or upon whom onerous conditions of bail had been imposed by magistrates could apply for redress to a High Court ‘judge in chambers’. In fact, in the CPR 1998, which replaced the RSC 1965, that time-honoured phrase gave way to the not particularly comfortable words ‘judge sitting in private’, a change which seemed to be applying with a vengeance the policy of using supposedly modern nomenclature introduced by the Woolf reforms (see The Rt. Hon. The Lord Woolf MR, Access to Justice, HMSO, July 1996).
Vulnerable Suspects and Defendants
Authors: Corre Neil , Wolchover David
Published: November 2023

The definition of ‘child’ varies from statute to statute. Section 2(2) of the BA 1976 defines the term as denoting a person under the age of 14, but in the CA 1989, which, inter alia, regulates the accommodation of those suspects or accused persons who might loosely be called non-adults, the term is defined in s. 105(1) as a person under the age of 18.

In contrast with the definition of a ‘child’ the statutory ambit of ‘young person’ somewhat confusingly varies within the context of the law relating to bail. Section 2(2) of the BA 1976 defines a young person as someone who has attained the age of 14 and is under the age of 17.
Alternative Dispute Resolution
Authors: Tweeddale Andrew , Tweeddale Keren
Published: November 2023

The phrase alternative dispute resolution or ADR encompasses a range of pro-1.01 cedures other than litigation which are designed to resolve conflicts. ADR processes include negotiation, mediation, conciliation, expert determination, adjudication, and arbitration. In the last few decades the use of ADR has become more prevalent within both international and domestic commercial contracts. The reason for this is that the costs of litigation have become prohibitive and the parties to a dispute and their advisers are now considering alternative methods to resolve disputes which are cheaper, quicker and will not lead to a break down in the working relationships of the parties.
Arbitration Institutions and Ad Hoc Arbitration
Authors: Tweeddale Andrew , Tweeddale Keren
Published: November 2023

Arbitration rules provide the framework in which the arbitration proceedings are to take place. It is usual for such rules to be agreed at the time when the arbitration agreement is conducted. In this regard the parties may choose whether to conduct their arbitration under institutional rules or under ad hoc arbitration rules. An institutional arbitration is an arbitration which is administered by a specified body or organization. An ad hoc arbitration is an arbitration where the arbitral tribunal has control over all aspects of the proceedings subject to any rules which the parties may agree.
The Procedural Laws of the Arbitration
Authors: Tweeddale Andrew , Tweeddale Keren
Published: November 2023

The arbitration agreement is a contract and like any other contract is just a mere piece of paper ‘devoid of all legal effect unless [it is] made by reference to some system of private law which defines the obligations assumed by the parties to the contract’.1 Perhaps no other area of arbitration law has received as much academic interest as the issue of which law or laws govern the arbitration agreement and the procedure. The issue arises because of the autonomy of the arbitration agreement from the underlying contract. This has a number of ramifications. First, the law governing the underlying contract will not necessarily be the law governing the arbitration agreement nor the law governing the procedure. Second, if the underlying contract is void ab initio it will not necessarily mean that the arbitration agreement is also void.
Privacy and Confidentiality
Authors: Tweeddale Andrew , Tweeddale Keren
Published: November 2023

The privacy and confidentiality of the arbitration process has traditionally been perceived as being a cornerstone of arbitration law. It has been stated that the privacy and confidentiality of arbitration is considered as being one of the main H Bagner, ‘Confidentiality—A Fundamental Principle in International Commercial Arbitration?’ (2001) 18 Journal of International Arbitration (No 2), 2003, 243–9. Cf Lew, Mistelis and Kröll, Comparative International Commercial Arbitration (2003) 660 at para 24–100 in which it is argued that until the early 1990s ‘no-one in England ever thought that arbitration was really “confidential”, as distinct from “private” ‘. See also P Neil QC, ‘Confidentiality in Arbitration’ (1996) 12 Arbitration International (No 3) 287–318, referring to Professor HR Trevor-Roper’s book Archbishop Laud 1573–1645 (1988) at 221–3, which gives details of an early arbitration case that was published. The case concerned an attempt by the English Crown to extract extra revenues from the creation of monopolies. The arbitral tribunal were asked to determine whether soap manufactured by a chartered company of soap-boilers washed whiter than soap produced by independent manufacturers. The arbitral tribunal found in favour of the chartered company of soap-boilers.
Challenging the Award
Authors: Tweeddale Andrew , Tweeddale Keren
Published: November 2023

When an award has been made the unsuccessful party will have a number of options. First, it may honour the award. Second, it may do nothing and seek to challenge the award when it is enforced.1 Third, it may actively challenge the award at the place in which, or under the law of which, that award was made. Most arbitration awards are honoured. In comparison to the number of awards made each year there are only a small percentage of awards that are challenged. The Yearbooks indicate that the applicant is successful in only 10 per cent of cases where an award is challenged.
Treaties and Conventions
Authors: Tweeddale Andrew , Tweeddale Keren
Published: November 2023

Treaties and Conventions which affect arbitration proceedings fall into two different categories. The first category deals with the recognition and enforcement of awards. The New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958 (New York Convention) is the
Introduction to English Arbitration Law
Authors: Tweeddale Andrew , Tweeddale Keren
Published: November 2023

Arbitration, as a method of dispute resolution, has existed in England and throughout the United Kingdom for as long as the common law. References to arbitration or arbitrament, as it was termed until just after the turn of the twentieth century, can be found in the Year Books and cases from the reigns of Elizabeth I and James I.1 Arbitrament has been defined as: ‘an award, determination or judgment which one or more makes at the request of two parties at the least for and upon some . . . controversie had between them . . . and they that make the award or arbitrament are called . . . arbitrators.’ Arbitration was used in ancient Indian and Egyptian cultures and was also prevalent in classical Greek and Roman times.
Commencing An Arbitration
Authors: Tweeddale Andrew , Tweeddale Keren
Published: November 2023

The Limitation Acts apply to arbitration proceedings governed by Part I of the 17.01 Arbitration Act 1996 in the same way as they do to court proceedings. The Limitation Acts’ means the Limitation Act 1980, the Foreign Limitation Periods Act 1984, and any other ‘enactment (whenever passed) relating to the limitation of actions’.Examples of these Acts are the Carriage of Goods by Sea
The Role of the Arbitral Tribunal
Authors: Tweeddale Andrew , Tweeddale Keren
Published: November 2023

The role and function of the arbitral tribunal is to determine the dispute between the parties based on the evidence and facts that are submitted to it in a judicial, fair and impartial manner. In this respect the function of the arbitral tribunal is similar to that of a judge. However, unlike a judge, the jurisdiction of the arbitral tribunal arises solely from the parties’ arbitration agreement and not from the State. The arbitral tribunal cannot exceed the authority given to it by the parties and it is the right of the parties to decide how their dispute should be resolved.1 The Arbitration Act 1996 provides the arbitral tribunal with certain powers. Some of these powers are provided by mandatory sections within the Arbitration Act 1996 and the parties are unable to exclude these powers. In particular, section 33 of the Arbitration Act 1996 sets out the general duty of the arbitral tribunal. Other powers are non-mandatory and are possessed by the arbitral tribunal unless the parties have made a contrary agreement.
Powers of the Court
Authors: Tweeddale Andrew , Tweeddale Keren
Published: November 2023

arbitration except as provided by this Part.1 The powers of the court are contained in both the mandatory and non-mandatory sections of the Arbitration Act 1996. The parties are unable to exclude the mandatory provisions of the

Arbitration Act 1996 but may exclude the non-mandatory provisions. Where the parties have chosen a foreign law regarding a procedural matter which is covered by a non-mandatory section of the Arbitration Act 1996 then this is the equivalent of making an agreement about that matter. The default provisions in the Arbitration Act 1996 will not apply in such circumstances. The following powers are given to the courts within the mandatory sections of the Arbitration Act 1996. These powers include: the power to grant a stay of legal proceedings, including staying interpleader issues5 and making orders where Admiralty proceedings have been stayed; the power to extend the time for commencing an arbitration where an arbitration agreement contains a time bar clause;7 the power to remove an arbitrator on certain grounds;8 and the power to order the attendance of witnesses.9 The court may also determine an application relating to the substantive jurisdiction of the arbitral tribunal.10 The court may also grant a declaration, injunction, or other appropriate relief in relation to a challenge to the substantive jurisdiction of the arbitral tribunal. Such a declaration, injunction, or other relief must, however, be applied for by a party who has not participated in the proceedings. Any party may apply to the court for an order for the court to consider and adjust the arbitral tribunal’s fees and expenses fees within its discretion.
Procedural Matters Under the Arbitration Act 1996
Authors: Tweeddale Andrew , Tweeddale Keren
Published: November 2023

In all cases, other than an application to stay legal proceedings under section 9 of the Arbitration Act 1996, an application to the court to exercise any of its powers under Part I of the Arbitration Act 1996 is started by the issue of an arbitration claim form.1 Once the claim is filed it is considered as having been made even if it has not been served.2 An arbitration claim form must be substantially in the form set out in Appendix A to CPR PD 62.
Appeal On A Point of Law
Authors: Tweeddale Andrew , Tweeddale Keren
Published: November 2023

Section 69 of the Arbitration Act 1996 is derived from sections 1 and 3 of the Arbitration Act 1979 and the restrictions placed on section 1 of the Arbitration Act 1979 by the House of Lords in Pioneer Shippingrecognized and accepted as a guideline for when leave to appeal an arbitral tribunal’s award would be allowed. Despite calls for the abolition of the right to appeal from some quarters, prior to the enactment of the Arbitration Act 1996, the Departmental Advisory Committee on Arbitration Law (DAC) decided to keep the right to appeal in what is now section 69 of the Arbitration Act 1996. However, the right is restricted to an appeal only on a question of law. The DAC justified this decision as follows:
Applications to the Court
Authors: Tweeddale Andrew , Tweeddale Keren
Published: November 2023

Pursuant to CPR 62.4(1) an arbitration claim form must: include a concise statement of— the remedy claimed; and any questions on which the claimant seeks the decision of the court; give details of any arbitration award challenged by the claimant, identifying which part or parts of the award are challenged and specifying the grounds for the challenge; show that any statutory requirements have been met; specify under which section of the 1996 Act the claim is made; identify against which (if any) defendants a costs order is sought; and (f ) specify either— the persons on whom the arbitration claim form is to be served, stating their role in the arbitration and whether they are defendants; or that the claim is made without notice under section 44(3) of the 1996 Act and the grounds relied on.
Academics in Action: Scholarly Interests and Policies in the Early Counter Reformation: the Reform of the University of Louvain 1607-1617*
Authors: Boute Bruno
Published: November 2023

Driven by the need for solid religious unanimity and for the human resources supporting it, the European centres of power, ecclesiastical or secular, Catholic or Protestant, never lost their interest in the centres of learning. General surveys on the relationship between the university and the emerging dynastic state rightly demonstrate the repeated intervention of the ruler in ‘his’ universities, which, in turn, provided jurists, theologians, and church ministers. Reform was a very useful tool to adapt the old universities of Europe to the specific needs of their increasingly national or regional environments. The reform of the University of Louvain in the beginning of the seventeenth century by the Visitatio of the archdukes Albert and Isabella therefore is not unique. In the previous century the authorities had already become increasingly interested in their thriving university in Brabant. After the 1560s, the crisis in the university that championed Catholic orthodoxy was, therefore, intrinsically connected with the political and religious crisis in the Netherlands; Louvain only narrowly avoided annihilation in the last quarter of the sixteenth century.
Poverty and the Pursuit of Learning: Poor Scholars in Seventeenth-Century Aberdeen
Authors: Vance Shona
Published: November 2023

Poor Scholars in Reformation Scotland

It has been convincingly argued by James Cameron that the ideas of Continental educational reformers-of Gouvea at Bordeaux, Baduel in Nimes, Sturm in Strasbourg, Cordier in Lausanne, Calvin in Geneva and, most of all, of Martin Bucer-were highly influential in the formation of Scottish reformed educational initiatives in the later sixteenth century.’ A fundamental tenet of the educational plans set before the Scottish Reformation Parliament of 1560 was that all, regardless of means, should be enabled to serve the commonwealth according to their ability. It was laid as a duty upon those in power to ensure that poverty was not allowed to hinder the fulfilment of academic potential. These views were given expression in the first Book of Discipline, a document drawn up by reforming ministers at the behest of the Parliament with a view to laying the foundations of a new, Protestant society in Scotland. The three main areas of interest were the structuring and regulation of the religious life of the populace, the provision of the poor, and the establishment of clear educational structures to provide for the religious and secular needs of church and commonwealth. With regard to the education of the poor, the Book decreed.
Theology and Philosophy at the English College, Douai: A Handlist of Sources
Authors: Sharratt Michael
Published: November 2023

The English College was founded at Douai in the Spanish Netherlands in 1568, principally to prepare Roman Catholic men to work as priests in the hostile England and Wales of Elizabeth I. Douai was chosen because of its proximity to England and because it had a university which was founded in 1562. Apart from a temporary relocation to Rheims (1578-94), the College found the Spanish Netherlands a congenial haven. When Douai was brought under French rule in 1667, there was no interruption in the College’s work. French hospitality lasted until Britain and France went to war in the aftermath of the French Revolution. After its forced closure, the work of the College continued in England.
The Evolution And Economics Of Auction Sales
Authors: Frsa Brian W Harvey , Llb Franklin Meisel
Published: November 2023

It is perhaps surprising that there is no comprehensive definition of an auction in English statute law. The reason is, no doubt, that since no single statute deals with both the civil and criminal aspects of auction sales in their entirety, it has never been necessary to attempt a statutory definition. Such statutes as do relate to the topic may refer to the necessity of ‘competitive bidding’ (see Mock Auctions Act 1961) or may refer purely to a particular feature of auction sales, such as the general rule that the offer is made by the bidder and accepted by the auctioneer when he signifies his acceptance by fall of the hammer (see Sale of Goods Act 1979, s 57(2), Appendix 2). For present purposes, as satisfactory a definition as any is to be found in Halsbury: ‘An auction is a manner of selling or letting property by bids, usually to the highest bidder by public competition’.
The Rights Of An Auctioneer
Authors: Frsa Brian W Harvey , Llb Franklin Meisel
Published: November 2023

An auctioneer has a number of rights which may be exercised against the vendor, the most important being his right to be paid for his work. Also of significance is his right to be indemnified in respect of any losses or liabilities incurred in performing his mandate. An auctioneer has other subsidiary rights, such as his right to a lien over the property of his principal, which may be exercised to enforce his right to remuneration. We shall deal with these in turn. The right to remuneration includes both the right to agreed commission and, rarer in these days of more or less standardized forms of contract, the right to be paid a reasonable sum where the contract is silent as to the commission to be paid or where the work done is outside that provided for by the contract (a quantum meruit).Whether the auctioneer is entitled to his commission will depend upon the terms of his contract. It is necessary to determine, firstly, what are the conditions upon satisfaction of which the contract provides that commission is payable and, secondly, whether they have been satisfied. The first element involves a legal question, and the second a factual one.
Sales Of Land By Auction Or Tender
Authors: Frsa Brian W Harvey , Llb Franklin Meisel
Published: November 2023

The sale of land by auction poses quite different problems of law and practice to those arising in chattel sales. This is partly because a sale of land which is commenced by an auction has to be dovetailed into standard conveyancing practice. Conveyancing practice involves far more careful preliminary enquiries and, usually, much more attention to the details of the description, than in the case of an auction of chattels. The preliminary decision as to whether to sell land by auction or otherwise involves economic criteria which are outlined in chapter 1. Common cases are sales of investment ‘ground rents’ (ie the reversion on long leases), commercial property the value of which has to be realized because of liquidation or some other economic imperative and domestic property repossessed by mortgagees or needing realization because it is the house of an employee relocated by his employer. And where the market is booming (which tends to happen cyclically) an auction may be the only way of establishing and obtaining in hand the market value of a popular property. Further, as remarked at the beginning of this book, auctions tend to work best when the total payable on the day by the buyer is the hammer price and no more.
Equal Treatment
Authors: Gordon Richard
Published: November 2023

In EC law the general principle of equality, equal treatment, or non-discrimination, means that ‘similar situations should not be treated differently and that different situations should not be treated identically unless such differentiation is objectively justified’. Essentially, the principle gives protection against arbitrary treatment. The principle has application in many different contexts. As its starting point it operates—as the citation suggests—in a formal sense. But its more concrete expression is reflected in procedural protections, specific Treaty rights (most notably Article 12 (ex 6) EC) and in particular substantive status areas such as prohibitions on sex, race, and age discrimination, EU citizenship protections, and prevention of arbitrary treatment in relation to fundamental economic freedoms.
Due Process
Authors: Gordon Richard
Published: November 2023

There is no Treaty provision conferring the right to a hearing or, indeed, to most of the rights encompassed by what are now regarded as EC administrative law requirements of due process. However, such rights have become well established under the general rubric of ‘the rights of the defence’. In general terms, the EC expression ‘the rights of the defence’ equates to natural justice in domestic judicial review. As so often, however, there are differences—sometimes significant—between the protections accorded by the two doctrines. Importantly, too, there is (as with natural justice) equivalent protection, in most instances, to both sides as opposed merely to the defence.
Proportionality
Authors: Gordon Richard
Published: November 2023

Proportionality, as one of the general principles of EC law, may be relied on in domestic public law proceedings where issues arise as to (either or both) the legality of EC measures and of national measures (including administrative acts and omissions) intended to implement or derogate from EC law. The exercise required to be undertaken by the Administrative Court or other national court potentially involves (depending on the context) both interpretation of EC and domestic legislative measures (including Treaty provisions) and—where necessary—applying the legislation as interpreted to the legality of administrative decision-making.
Free Movement Of Persons And Citizenship
Authors: Gordon Richard
Published: November 2023

So far as the Treaty is concerned, there is no single right of economic free movement. There are, however, a cluster of specific EC rights and prohibitions against unjustified restrictions on freedom of movement/establishment in different contexts that, in broad economic terms, have the potential for affecting trade between Member States. In each case the pattern is similar. On the one hand the Treaty prohibits restrictions on relevant freedom of movement and, on the other hand, the Treaty permits restrictions that the State is able to justify by resort to specific and enunciated criteria. The structure is broadly similar to that for certain qualified ECHR rights as, for example, the right to respect for privacy enshrined in Article 8(1) ECHR with the power of interference on specific grounds contained in Article 8(2).
The Commercial Freedoms
Authors: Gordon Richard
Published: November 2023

The EC rights in respect of the free movement of persons, discussed in Chapter 16, are pre-dominantly non-commercial in nature. In contrast to this, the EC freedoms considered here have primarily commercial effect. Of particular importance in the commercial arena—and frequently raising public law issues before the Administrative Court and other Treaty permits restrictions that the State is able to justify by resort to specific and enunciated criteria. The structure is broadly similar to that for certain qualified ECHR rights as, for example, the right to respect for privacy enshrined in Article 8(1) ECHR with the power of interference on specific grounds contained in Article 8(2).
Introduction
Authors: Dudbridge Glen
Published: November 2023

In 1575 the Spanish Augustinian friar Martn de Rada (1533–78) spent two months in Fujian as head of a mission which we now regard as one of the significant early contacts between Europe and China. At one point in his report on the visit, commenting on those whom the Chinese ‘revere as saints’, he noted that ‘the one whom they honour most is a woman called Quanyin, daughter of a king called Tonçou, who led a solitary life and a holy one after her fashion’. He had heard a legend of Guanyin which we find set out at greater length by one of the military officers in his party, Miguel de Loarca: Quanim . . . was daughter of the king Tzitzonbon, who had three daughters, and married off two of them.
The Didache and the Writings that later formed the New Testament
Authors: Tuckett Christopher M
Published: November 2023

Ever since its discovery in 1873, the Didache has been a source of intense scholarly debate about a number of issues, including its date, the use of the ‘Two Ways’ tradition, early Christian liturgical—especially eucharistic—practice, and the nature of developing ecclesiastical hierarchy in the early church. Among these issues of debate has always been the question of the relationship of the Didache to the writings of (what became) the New Testament. The text of the Didache shows a number of striking parallels with some parts of other NT texts, and the vast majority of these parallels involve material appearing in the synoptic gospels. Parallels between the Didache and other parts of the NT are generally thought to be rather slight. Such parallels as exist are discussed below. But interest in this general topic (of the relationship between the Didache and the NT) has always focused primarily on the parallels that exist between the Didache and the synoptic gospels.2 However, before discussing the parallels in detail, some preliminary observations and comments are in order.
2 Clement and the Writings that later formed the New Testament
Authors: Tuckett Christopher M
Published: November 2023

The so-called Second Letter of Clement to the Corinthians is usually described as a homily (apparently based primarily on Isa. 54. 1; see 2 Clem. 2. 1–3), for the implied author states that someone is reading the text aloud (19. 1) and clearly suggests that those whom the reader addresses are gathered in the context of worship (17. 3).1 There is no epistolary framework, and the association of the title with 1 Clement comes about from its transmission with that letter, although the fact that they circulated together does suggest that there was some perception of a link between these texts at least by the Wfifth century, when both were included in the Codex Alexandrinus. There they follow Revelation, but are apparently considered part of the New Testament.2 It has been suggested that 2 Clement was known to Eusebius (EH 3. 38. 4), but the fact that it is not a letter makes this identiffcation uncertain. The only secure conclusions that may be reached are that its author, date, and place of composition are unknown, although there is critical consensus that it should be placed somewhere around the first half or the middle of the second century. One argument often used in support of putting it towards the middle rather than the beginning of the second century is its apparent use of a range of the writings later included in the New Testament, including the synoptic gospels to which the letter may refer as ‘scripture’ (2. 4; cf. 8. 5; 14. 2).
The Shepherd of Hermas and the Writings that later formed the New Testament
Authors: Verheyden Joseph
Published: November 2023

The problem

The Shepherd of Hermas is by far the longest among the writings of the Apostolic Fathers, but it is widely regarded as the least rewarding for the question that concerns us here. That question can be described most generally as looking for evidence that the author of the Shepherd knew and made use of one or another of the writings that will afterwards be included in the New Testament, or at least realised for some such material he uses that it has its origin in these writings. Hermas has not been very helpful in addressing this question. He hardly tells us anything about himself or his work that is directly relevant or useful for our purpose. He presents himself as a member of the Christian community in Rome, or of one such community.
Introduction And Overview
Authors: Gregory Andrew F , Tuckett Christopher M
Published: November 2023

The First modern editor to refer to a collection of early Christian writings as the Apostolic Fathers appears to have been J. Comelier, whose edition was published in 1672. The most recent is Bart D. Ehrman, a contributor to this collection, whose Greek–English edition in the Loeb Classical Library replaces the original and much-used Loeb volumes produced by Kitsap Lake. Lists of those who are included in the conventional but largely arbitrary collection known as the ‘Apostolic Fathers’ do vary slightly (Ehrman takes a more inclusive approach than both Lake and the Oxford Committee),1 but included in The Reception of the New Testament in the Apostolic Fathers and in Trajectories through the New Testament and the Apostolic Fathers are treatments of the central texts in this category, as found also in the 1905 volumes, The New Testament in the Apostolic Fathers: the Didache, 1 Clement, 2 Clement, the letters of Ignatius, Polycarp’s Letter to the Philippians, the Letter of Barnabas, and the Shepherd of Hermas. Also included in the second of these 2005 volumes is the Martyrdom of Polycarp, which the Oxford Committee did not consider.
Gospels And Gospel Traditions In The Second Century
Authors: Koester Helmut
Published: November 2023

At the time of the publication of The New Testament in the Apostolic Fathers,1 the four canonical gospels ruled supreme as the almost exclusive source for the knowledge of Jesus’ words and deeds. In some respect, interest in the study of the gospel quotations in the Apostolic Fathers was dictated by the quest for the dating of these gospels: if the dates of the writing of the Apostolic Fathers could be ascertained, their gospel quotations could be used as terminus ante quem for the writing of the New Testament gospels.
Following In Paul’s Footsteps: Mimesis And Power In Ignatius Of Antioch
Authors: Reis David M
Published: November 2023

Although it is now a commonplace to acknowledge Ignatius’ debt to Pauline thought, scholars continue to debate the precise nature of this relationship. The paucity of direct quotations from the apostle might suggest that Ignatius was not familiar with a collection of letters, and at most had access to one or two. Yet the existence of quotations is not the sine qua non for establishing a relationship between authors, and many studies have recognized that the allusions and ‘echoes’ to Paul demonstrate that Ignatius made use of Pauline ideas at the conceptual level.1 This realization has unfortunately led to a certain methodological untidiness, as scholars search for a vocabulary for assessing Ignatius’ ‘Paulinisms’.2 Recent studies on the art of mimesis, however, have provided a tool that is particularly well suited for evaluating the complex relationship between Ignatius and Paul. Rather than focusing on the existence of direct quotations to establish links between authors, they have instead emphasized the method advised by the ancient rhetoricians.
The Martyrdom of Polycarp and the New Testament Passion Narratives
Authors: Holmes Michael W
Published: November 2023

A surprising feature of the Martyrdom of Polycarp, a document that explicitly declares its intention to describe a ‘martyrdom in accord with the gospel’ (Mart. Pol. 1. 1; cf. 19. 1), is that nowhere in the course of its narrative does it ever quote a gospel or a saying of Jesus. At the same time, there are numerous apparent parallels and allusions to gospel tradition, which in the opinion of many provide the key to understanding Polycarp’s martyrdom as an imitation of the passion of Jesus. This unusual circumstance—the seemingly central role of gospel parallels in a document that never cites a gospel—calls for further investigation. I propose to look Wrst at the relationship (if any) between the Martyrdom of Polycarp and the gospels,1 and second at the relationship between the meaning of a martyrdom ‘according to the gospel’ and the parallels with the gospel tradition, and its signiWcance for understanding the Martyrdom.
The Invention of Human Rights in the Community
Authors: Williams Andrew
Published: November 2023

The failure of existing analyses to grasp the extent of the incoherence in human rights policies as well as its long-term significance is quite startling. Despite the rich vein of subject matter and the interdisciplinary attention paid separately to both human rights and the Community we are still faced by a relatively underplayed hand when it comes to considering the two topics together. Specifically, as suggested in the previous chapter, the attempts to explain the current condition are highly limited in their scope. A more intrusive examination is therefore sorely needed.

In order to provide such an investigation we need to return to some fundamental questions. Why did the notion of human rights come to be embraced as a part of the Community’s project in the first place?
Ces grands privilèges: The Symbolic Use of Written Documents in the Foundation and Institutionalization Processes of Medieval Universities*
Authors: Weber Christoph Friedrich
Published: November 2023

In 1909, the University of Leipzig celebrated the 500th anniversary of its foundation with a monumental ceremony. On 30 July, the medieval beginnings, originating from a 1409 discessio of parts of the University of Prague, were depicted in a ‘historical pageant’. (Figs. 1–2) On Augustus Square, students in gowns and costumes in a style imagined as medieval German—and supplied by the Berlin-based company ‘Germania’ that obviously specialised in patriotic celebrations—marched down a lane formed by guests of honour. The headgear of the spectators—spiked helmets, hats of student societies, and top hats—confirmed their identity as representatives of the respective elites of Wilhelminian society.
The Beginning of Higher Education in Political Economy in Milan and Modena: Cesare Beccaria, Alfonso Longo, Agostino Paradisi
Authors: Rother* Wolfgang
Published: November 2023

This study investigates the early years of academic instruction in political economy. This academic discipline emerged as the early-modern territorial state, facing expanding market conditions, moved beyond administration of the national budget into the sphere of an economic policy. The forerunner of political economy, the oeconomica of the early university canon, had been anchored in the pseudo Aristotelian work of the same name. Taught with the ethica or philosophia moralis and the politica as part of philosophia practica, it already had politics inherent to the economy. However, as the changing economic conditions of the modern age necessitated professional administration of state economies, economy became detached from practical philosophy. Chairs specifically dedicated to the discipline were founded. The titles of the first of these chairs demonstrate that their holders adopted a cameralist remit, addressing administration of state finances. The German professorships were now described as oeconomische, Policey-und Cameral-Wissenschaft.
Formation of Family Relationships
Authors: Douglas Gillian
Published: November 2023

The legal recognition of family relationships can be seen as serving one basic purpose. This is to enable the state to identify particular relationships to which it can attach certain legal consequences. The question then arises as to why the state might wish to do this. It might be argued that it facilitates state control over people’s individual choices and preferences. On a more pragmatic level, it makes it easier to organize the necessary functions of the state if it is relatively straightforward to determine who is legally linked to whom. For example, financial support obligations can be imposed on and enforced against those deemed by law to be ‘related’.
Rights and Responsibilities within the Family
Authors: Douglas Gillian
Published: November 2023

How far the law should be used to lay down norms of behaviour for family members to follow in their relationships with each other causes problems for liberal societies. First, there is the problem of the public/ private divide. In classic liberal thinking, as noted in Chapter 1, the family belongs to the private sphere and the mark of a free society is the reluctance of the state to interfere in that sphere. On that basis, it might be argued that the law should not be used as a tool to regulate family relationships because to do so is to undermine people’s freedom and to restrict how they choose to live their private lives. Secondly, are not family relationships marked out from others by their altruism? Family relationships depend upon the ‘higher’ motivations and feelings of love, care, and affection rather than upon self-advancement and obligation. Within our families at least, we can ‘be ourselves’ and can show unconditional love to those around us without having to be coerced by the state into fulfilling our obligations to each other.
Employment Aspects of Business Reorganisations
Authors: Hyams Oliver
Published: November 2023

This timely new text examines the various employment law issues arising in relation to business reorganisations. Providing guidance on the most difficult practical issues of this complex area, the book is aimed primarily at practitioners working in this area. However, its accessible style ensures wider appeal to non-specialists. The book focuses on the rights and obligations of an employer towards its employees and their representatives when it seeks to reorganise its business. This can include situations where an employer wishes to contract out certain operations (and relevant employees may be transferred to another employer) or where affected employees are retained but reallocated to different jobs and responsibilities. Fully up to date to incorporate the Transfer of Undertakings (Protection of Employment) Regulations 2006, the book details the circumstances where the regulations apply and where they do not, and the full implications to employers in each case. Clearly structured to ensure ease of reference, the book provides separate coverage of collective and individual employment rights and detailed analysis of key issues such as obligations in respect of pension schemes, the definition of redundancy and the right to a redundancy payment, as well as the circumstances where there is no redundancy but where an employee may be fairly dismissed in a reorganisation for “some other substantial reason”. The book also deals with the manner in which employees’ common law rights may be breached and the possible impact of the law of discrimination on a reorganisation. Full attention is given to the underlying UK and European statutory framework and the developing case law in this area.
Introduction and Overview
Authors: Hyams Oliver
Published: November 2023

This book is concerned with the kind of issues which are likely to arise where there is a reorganisation of an employer’s business. This may occur where the employees’ employer does not change, and that is the situation which is most likely to come to mind when the word ‘reorganisation’ is used. Yet, a business may be owned by a company which is in a group of companies, and the parent company may carry out a reorganisation by transferring some or all of the subsidiary’s employees to another company within the group. That could clearly be regarded as a business reorganisation. However, it will constitute the transfer of a business or part of a business from one employer to another.
Common Law Obligations
Authors: Hyams Oliver
Published: November 2023

A description of the law relating to business reorganisations would be incomplete without a statement of the common law principles which may apply. The situation in which the common law is perhaps most likely to be of practical importance is where the employer has a policy of giving employees who are dismissed by reason of redundancy more by way of compensation for the loss of that employment than is required by the ERA 1996. The question whether the employer is obliged by the law of contract to give employees such enhanced redundancy payments will then arise. A subsidiary question which may arise where there is such a contractual obligation is whether the employer can lawfully dismiss for a reason other than redundancy an employee whose dismissal for redundancy would otherwise have occurred.
Catholic–Protestant Views of Justification: How Should Christians View Theological Disagreements?
Authors: Evans C Stephen
Published: November 2023

One of the more promising developments within the contemporary Christian world has been the dialogue between Protestants and Catholics over key Christian doctrines, particularly the doctrine of justification. The exciting aspect of these discussions is that they have clearly reduced misunderstandings on both sides and led to a greater appreciation of the common ground that these two streams of Christian faith share.
Concurrent Proceedings In Competition Law
Authors: Nazzini Renato
Published: November 2023

The book contains a full and up-to-date account of the implications of concurrent enforcement of EC and UK competition law. It addresses the interaction of criminal, civil, and administrative proceedings in the UK and the EU as regards procedure, evidence, and remedies. The volume contains an in-depth examination of the principles regulating concurrent proceedings and explains in detail the practical solutions following from the construction of EU and UK legislation. Concurrent Proceedings in Competition Law offers a thorough review of the jurisprudence of the Court of Justice and the Court of First Instance and the European Court of Human Rights, as well as analyzing the English authorities in the area of procedure and evidence insofar as relevant to r s1interplay between criminal, civil and administrative proceedings in competition law. The main focus is on stays, binding effect of administrative decisions and judgments, and disclosure and admissibility of evidence in English law and its relationship with Community Law and Human Rights standards. The analysis expands to the practical consequences of case allocation within the European Competition Network, choice of forum within the EU, litigation in the US, and leniency applications in multiple jurisdictions. The impact of Council Regulation 1/2003 and the Commission Notices on cooperation within the Network of Competition Authorities and on cooperation with the courts of EU member states is fully explored. Criminalization of cartels in the UK adds a further dimension to the interplay of concurrent proceedings. Issues of stays, binding effect of administrative decisions and disclosure and admissibility of evidence are also studied when they arise in a dispute that is being decided by an arbitral tribunal.
Administrative Proceedings
Authors: Nazzini Renato
Published: November 2023

Judicial proceedings may be criminal or civil. They may be brought in the UK courts or in the courts of foreign States. Because of the important role they play in competition law, civil and criminal proceedings brought in the US are the only type of foreign judicial proceedings examined in this chapter. The scope for civil and criminal cases in competition law matters is, however, potentially infinite, depending on the countries involved, the applicable law, and the willingness of public authorities and private parties to press for criminal charges or bring civil proceedings.
Overview Of Relevant Legal Principles
Authors: Nazzini Renato
Published: November 2023

Concurrent proceedings are governed by legal principles that serve the purposes of avoiding a multiplicity of proceedings, achieving consistency of decisions, and safeguarding the fairness of the administrative or judicial process. These principles are embedded in the national legal systems but often receive in international instruments and in Community law. They are not solely applicable to competition law matters, but their application to the concurrent enforcement of competition law is, to a certain extent, still relatively new and uncertain. It is, therefore, useful to analyses these principles in their fundamental structure before turning to their application to concurrent proceedings in competition law.