bluuebunny/crossref_metadata_2025 huggingface dataset:
Beginnings in science
Authors: Westfall Richard S
Published: November 2023

natural philosopher and mathematician, was born on 25 December 1642 in the manor house of Woolsthorpe, near Colsterworth, about 7 miles south of Grantham, Lincolnshire, the only and posthumous son of Isaac Newton (1606–1642), yeoman farmer, and his wife, Hannah (c .1610– 1679), daughter of James Ayscough, gentleman, of Market Overton, Rutland. His family could trace its roots to John Newton of Westby, a village near Grantham; John Newton’s grandfather Simon Newton was a husbandman whose name appeared among taxpayers listed in Westby in 1524. The family clearly had industry and ability, each generation inching up the local hierarchy.
Portrait and Ulysses
Authors: Stewart Bruce
Published: November 2023

On 1 March 1914 Joyce began the long-prepared writing of Ulysses, without abandoning the composition of Exiles, which had developed its own momentum by this time. (He also worked part-time as English correspondent to the Gioacchino Veneziani paint factory.) Joyce’s annus mirabilis, however, coincided with the outbreak of European war. In January 1915 Stanislaus was arrested as an outspoken irredentist, and in August he was interned for the duration of the war. Notwith- standing their British citizenship, Joyce and Nora remained unaffected until Italy declared war on Germany in May 1915.
The Regulation Of Trustees
Authors: Hudson1 Alastair
Published: November 2023

To understand the modern law of trusts properly it is important to be aware both that there are a number of very different types of trust and that there are qualitatively different types of obligation imposed on the different types of trustee. One particularly significant development in the differentiation between types of trust has been the introduction of formal regulation to deal with some trustees but not others: principally pension fund trusts regulated under the Pensions Acts,2 unit trusts regulated under the UCITS Directive3 and the Financial Services and Markets Act 2000,4 and trustees who are ‘authorized persons’ regulated by the Financial Services Authority (FSA) under the Financial Services and Markets Act 2000.5 There are also other forms of trust which are described in detail by primary legislation, such as trusts of land under the Trusts of Land and Appointment of Trustees Act6 and strict settlements under the Settled Land Act 1925,7 with the result that the obligations of the trustees are different from those Professor of Equity & Law, Queen Mary, University of London.
Putting
Authors: Wesson John
Published: November 2023

The putting green provides many challenges for the golfer, and it also raises a variety of questions about the underlying physics. Holes-in-one are quite rare but nevertheless cases of successive holes-in-one have been recorded. Perhaps, the most remarkable is the performance of N. Manley who achieved successive par-4 holes-in-one, holing the seventh (330 yards) and eighth (290 yards) at the Del Valle Country Club in 1964.
The European Union and beyond: external relations
Authors: Kruger Thalia
Published: November 2023

In some areas the European Community has external competence: that is, competence to act on the international stage. The EC then speaks in its own right (sometimes alongside the Member States) concerning the out- side world.
Appeals
Authors: Gormley Laurence W
Published: November 2023

Any person has the right to appeal against decisions taken by the customs authorities which relate to the application of customs legislation, and which concern him directly or individually. Any person who has applied to the customs authorities for a decision relating to the application of customs legislation and has not obtained a ruling on that request within the prescribed period is also entitled to exercise the right of appeal. The appeal must be lodged in the Member State where the decision has been taken or applied for. The right of appeal may be exercised: (a) initially, before the customs authorities designated for that purpose by the Member States; (b) subsequently, before an independent body, which may be a judicial authority or an equivalent specialized body, according to the provisions in force in the Member States.
Preventing the Emergence of New Barriers to Trade Between Member States
Authors: Gormley Laurence W
Published: November 2023

Although the EC Treaty places major importance on the concepts of the common market and the internal market, its substantive provisions on free movement are essentially negative, prohibiting, for example quantitative restrictions and measures having equivalent effect in trade between Member States. While the Court of Justice has now recognized the importance of mutual acceptance of goods, and thus put a positive gloss on the Treaty provisions, it remains true that prevention is better than cure.
Interpretation of Contracts: Concluding Comparative Observations
Authors: Vogenauer Stefan
Published: November 2023

A basic knowledge of how contracts are interpreted in other legal systems is not only of interest to the comparatist, but also of enormous relevance for practising lawyers. If a foreign law is applicable to a contractual obligation that law also governs the interpretation of the contract. Moreover, even if English law is applicable, many contracts, particularly international commercial contracts, and their drafts are dealt with by lawyers from other jurisdictions. These lawyers will frequently be tempted to read and understand such agreements using the domestic interpretative devices they are familiar with. It is easy to see how mutual misunderstandings can arise from this process.
Unfair Contract Terms Act—Thirty Years On
Authors: Macdonald Elizabeth
Published: November 2023

The thirty years in which contract lawyers have become accustomed to the existence of the Unfair Contract Terms Act 1977 (UCTA) provides an opportunity for reflection on the functioning of the Act. The large body of case law which has grown up around it obviously provides a great many possible areas to comment on. Here the focus will be on its operation in the business-to-business context and three issues will be addressed. First, consideration will be given to an area where the case law has taken a wrong turning—the interpretation of the definition of ‘deals as consumer’ in s 12(1). Second, an area where there is potential for greater utilization of the Act will be looked at—s 3(2)(b)(i), and third, the application of the requirement of reasonableness and the concerns voiced about it by Adams and Brownsword in their much-cited article on the operation of the Act after a decade will be re-examined. Further, examining these issues brings out some broader consideration of UCTA’s continuing role and, finally, even of the very need to maintain its role in the business-to-business context.
Electrohydrodynamics
Authors: Bruus Henrik
Published: November 2023

In many lab-on-a-chip applications the motions of the liquids or the solutes are controlled electrically. Therefore it is highly relevant to study electrohydrodynamics, i.e. the coupling of electromagnetism and hydrodynamics. Using this wide definition, electrohydrodynamics comprises a wide range of phenomena such as the electrical properties of liquids per se, electrochemistry, and electrokinetics.
Democratic Freedom and National Insecurity
Authors: Gearty Conor
Published: November 2023

In this chapter I take the theoretical insights into our subject that have just been laid out and deepen our understanding of them by weaving these ideas into the history of the practice of civil liberties in Britain. This examination of the rise of political freedom is necessarily set against a background of societal anxiety. There has never been a time in Britain when the utility of civil liberties has not been intensely disputed: there is no ‘golden age’ of freedom lurking somewhere in our distant past. Although the momentum is generally positive, the graph tracking the health of our subject has been up and down rather than always on the rise. The perennial concern, varying in intensity from time to time, has been about the kinds of radical change that a commitment to civil liberties might produce, either purposefully (more democracy; greater equality) or as a side-effect of the freedom upon which such a political perspective is naturally thought to insist (more anarchy). Asserting freedoms of thought, speech, assembly, and association so as ultimately to be able to achieve a state governed on a representative basis has inevitably involved clashes, both with those whose interests were certain to be adversely affected by the success of just such a project, and with those who have felt that too high a regard for civil liberties inevitably leaves the state vulnerable to attack. Conflict is therefore very much part of the civil liberties story, whether generated from within or threatening from without.
The Rights to Liberty and Due Process
Authors: Gearty Conor
Published: November 2023

The common law has long maintained that a principle of individual liberty is one of the presumptions that lies at its heart, informing the development of judge-made law and guiding the courts in their interpretation of statutes. Since 1950 (and in Britain since 2000), the European Convention on Human Rights has reflected this commitment through Article 5, a provision declaring a right to liberty that is available to all regardless of national or ethnic background. Of course, such a freedom cannot be absolute and various limitations have long been permitted, with it being a moot point how far the judges have actually cared about the freedom, something to which I shall need to return to frequently in the course of this chapter. As far as Article is concerned, all such permitted restrictions must be ‘in accordance with a procedure prescribed by law’. A number of the exceptions that are then set out do not relate directly to our subject: they raise issues concerning detention for immigration, educational, or health purposes, all of which fit better within the more general framework of human rights. Two connect specifically to the criminal process, however, and have a direct relevance to civil liberties, as does a third concerning legal obligations. Each needs briefly to be noted now.
The Right to Freedom of Expression
Authors: Gearty Conor
Published: November 2023

It is only in relatively stable societies that restrictions on freedom of expression are regarded as the most serious conceivable breach of civil liberties. It is true that in Britain the guarantee of free speech is ‘often regarded as iconic for civil liberties’ and that to many, including the influential former law lord, Lord Steyn, it is the ‘primary right’, the very ‘lifeblood of democracy’. But it is only when other entitlements have been secured, when it is possible to vote and engage in political activity without fear of death, disappearance, torture, or incarceration, that the civil liberarian has the time and freedom to be exercised by inhibitions on his or her power of communication. The freedom to express oneself, understood here to include not just the deployment of words but also of physical action in lieu of or complementary to words (protest as well as talk), is certainly central to civil liberties in the sense that it is impossible to imagine a free political culture without it. But such a society is equally unfeasible without the right to vote, or with state-controlled death squads and torture chambers. Freedom of expression has an important place in civil liberties law—but it is a place and not the whole story.
Civil Liberties Beyond the Nation State
Authors: Gearty Conor
Published: November 2023

Thus far in this book I have been content to describe the law and practice of civil liberties in the UK in a way which (Strasbourg apart) has not required discussion of an international or regional dimension. There has been a deliberate air of unfashionable provinciality which in this chapter will now be at least partly deflated. The UK has always been an island only in the geographical sense. Once it was the ownership of large parts of France, and then the empire. Now the country is part of various twentiethcentury orders outside itself: the EU, the Council of Europe, the United Nations (UN), the World Trade Organization, the World Bank, the International Monetary Fund, and many others besides. A large number of these bodies make rules which bind the behaviour of people within Britain, with some of them also possessing institutions whose job it is to oversee with intrusive vigilance how well or badly this country has implemented their decisions. Immensely important consequences flow from all this for the country’s international standing, its economic health, and its cultural well-being.
Protecting Political Freedom
Authors: Gearty Conor
Published: November 2023

This book has been rooted in a particular perspective on civil liberties, one that sees the subject as primarily concerned with the law and practice of political freedom. There are other ways of thinking about civil liberties, different kinds of emphases and analyses that produce a range of alternative means of identifying the topics that a proper treatment of our subject would rightly entail. I identified a number of these in Chapter 1 and explained why I was rejecting them. In summary, my main point was that the various meanings we ascribe to the term ‘civil liberties’ are too many and too diverse for a book of this sort to seek coherently to encompass them all. My choice to be selective in this way liberated me from the Sisyphean task of engaging in a false synthesis of conflicting propositions. Having staked out my chosen ground for the subject, I proceeded in Chapter 2 to elaborate the intellectual foundations that underpinned my approach, with Chapter 3 then supplying not only a recent history but also an assessment of the threat that political freedom faces from those concerns for national security which demand—or appear to demand—divergences from the civil libertarian ideal. With this preparatory intellectual work out of the way, the rest of the book has been about the substance of civil liberties protection in Britain, the legislation, the judicial decisions, and the executive practices that together add up to supply an answer to the question, ‘What is the state of political freedom in Britain?’.
Organizational Culture: The Invisible Web
Authors: Dowling Grahame
Published: November 2023

Most people have a sense of their own culture and of differences in national cultures. These cultural differences are rooted in very basic beliefs about the origins of life, the role of time and nature in shaping people’s lives, and how people should interact with each other. Such belief systems are a powerful force which shape our behaviour as a society, and our business dealings. With trade and commerce becoming more international, an appreciation of such differences is an important prerequisite to competing globally. This is despite the fact that the language used for much of the world’s international business is English.
The Settlement Process
Authors: Andrews Neil
Published: November 2023

In general, settlement is better than judgment. Furthermore, if the high level of settlement of civil disputes were to fall even by one or two per cent, the English civil courts would need to try many more cases. This would place the whole system under great pressure, would increase delay in the resolution of cases, and render the civil process more expensive for some litigants.
Disclosure
Authors: Andrews Neil
Published: November 2023

‘Disclosure’ is used in the CPR as the synonym for ‘discovery’, that is, documentary disclosure. But ‘disclosure’ has a more general procedural connotation. In that wider sense, ‘disclosure’ is the portmanteau term covering an array of procedures which enable a party or a prospective party to gain notice of, or access to, documents, or other information or to things. This material or information might be held by, or be accessible to, another party, or prospective party or even a non-party.
Expert Evidence
Authors: Andrews Neil
Published: November 2023

A court might include among its members one or more persons who are technically qualified in a recognized field of specialized knowledge; some tribunals and specialized courts are in fact constituted in this way, notably the Patents Court, and to an extent the Commercial Court, whose judges are selected for their expertise in mercantile law; but it is not possible for this degree of specialization to be reproduced across the whole range of civil courts, many of which have a wide and mixed jurisdiction.
Creative Resilience and the Mastery of Career Adversity
Authors: Sonnenfeld Jeffrey A
Published: November 2023

Few careers can be mapped as an unbroken chain of success. There is an endless array of career frustrations that can seem so insurmountable that they are demoralizing. Regardless of whether the setbacks are the consequence of terminations, lay-offs, false accusations, missed promotions, plateauing, burnout, reduced responsibility, disappointing colleagues, uninteresting work, unpleasant clients, unsuccessful assignments, failed projects, abusive bosses, cruel co-workers, or other such sources, the resolution requires new behaviors and fresh perspectives.
Symbiotic Careers in Movie Making: Pedro and Agustin Almodovar
Authors: Alvarez Jose Luis , Svejenova Silviya
Published: November 2023

Studies on painters (Greenfeld 1989; White and White 1993), writers (Anheier et al. 1995), and musicians (Hirsch 1972; Abbott and Hrycak 1990; Murnighan and Colon 1991) have cast light on creative careers. The film industry has also been a frequent field site, adding insights on creative career advancement and its sources, such as skills, knowledge, reputation, relationships, and roles (Faulkner and Anderson 1987; Baker and Faulkner 1991; Jones 1996; DeFillippi and Arthur 1998; Bielby and Bielby 1999).
Atiyah’s Introduction To The Law Of Contract
Authors: Atiyah P S , Smith Stephen A
Published: November 2023

Atiyah's Introduction to the Law of Contract is a well-known text through which thousands of university students have first encountered the law of contract, and the new edition has long been eagerly awaited by university teachers and students. This sixth edition, updated by Stephen Smith, continues to provide readers with an introduction to the theories, policies, and ideas that underlie the law, placing an equal emphasis on the law and critical analysis. In particular, the discussion of recent cases and legislation is centred on why contract law is the way it is, whether it can be justified, and, if not, what should be done to improve it. The sixth edition has been revised to place the law of contract in a modern context and to account for recent developments in the law, as well as those in academic thinking and writing. Addressing European influences and including perspectives from comparative law, this remains a stimulating and authoritative exposition of the modern law of contract.
Legal Capital Rules and the Structure of Corporate Law: Some Observations on the Differences Between European and U.S. Approaches
Authors: Kahan Marcel
Published: November 2023

Legal capital rules are just one element of the general legal regime of creditor protection. Even though the rules on legal capital in the United States are extremely lax, fraudulent transfer law addresses, in a more general way, the very issue addressed by legal capital rules: distributions by companies to shareholders which harm creditors.
Tunneling
Authors: Johnson Simon , Porta Rafael La , Lopez-De-Silanes, Florencio , Shletfer* Andrei
Published: November 2023

The emerging markets crisis of 1997-1998 offers many instances of looting of firms by their controlling shareholders. Assets were transferred out of companies, profits syphoned off to escape creditors, and troubled firms in a group propped up using loan guarantees by other listed group members.
Legitimacy, Accountability, and Delegation in the European Union
Authors: Menon Anand , Weatberill* Stephen
Published: November 2023

The EU has altered profoundly in recent years. Its geographical and functional expansion, coupled with the increasing scope of delegation to the European institutions, has raised a number of issues concerning its relation ship with its member states. Questions such as the proper reach of the Union’s activities, the appropriate relationship between Union and State competences and how the Union should be subjected to effective systems of supervision all, directly or indirectly, question the proper location of ac countability for the exercise of the increasing list of competences delegated by the Member States to the European level. ‘Legitimacy’ is a well-worn catchphrase within such debates.
Evidence, Proof, And Facts
Authors: Murphy Peter
Published: November 2023

Evidence, Proof, and Facts is a source book designed to bring together some of the most important primary and secondary materials which underlie the ‘New Evidence Scholarship’. While the law of evidence has traditionally dominated jurisprudential treatment of the subject, evidence is in truth a multi-disciplinary subject, comprising fundamental issues in the fields of logic, probability theory, epistemology, and psychology. Among the issues dealt with are: the rationalist epistemology of the use of evidence as a tool for the reconstruction of disputed past events; alternative epistemologies of evidence; the meaning of evidence, relevance, probative value, and weight. The editor also explores the issues of: logic and rhetoric in the context of judicial proof; the place of different kinds of probability theory in legal proof; whether legal proof is inherently mathematical or non-mathematical; the meaning of the legal standards of proof; and the role of causation in legal proof. The editor has assembled a collection of jurisprudential material including Thayer and Wigmore, and philosophical material ranging from Aristotle and Plato to Locke, Hume, Bentham, and Mill. The mathematics includes Bayes’ Rule, reproduced in its entirety. Among the contemporary writers represented from the New Evidence Scholarship school are Keynes, Schum, Twining, Eggleston, and Cohen. The materials are prefaced with an introductory essay by Professor Murphy which offers an overview of some of the key issues.
The Study of Canon Law and the Eclipse of the Lincoln Schools, 1175-1225*
Authors: van Liere Frans
Published: November 2023

The early history of English higher education is largely shrouded in mist. The pioneering scholar Hastings Rashdall, in his Medieval Universities, gave attention mainly to those foundations that later became universities, Oxford and Cambridge, although he acknowledged that ‘until late in the [twelfth] century Paris was by no means the outstanding centre of higher learning in France, nor was Oxford in England’. Only around the turn of the century did the groundbreaking work of Arthur Leach draw attention to the evolution of schools in other English towns and their ability in the late twelfth century to generate some form of higher learning. Thus, in addition to Oxford, Exeter, Northhampton, and Lincoln are often mentioned as flourishing centres of higher learning or, as Leach calls them, ‘embryo universities’. Of these early schools, Lincoln was a respectable centre for the study of grammar, canon law, and theology in the period 1175—1225, and, in the words of Alan Cobban, ‘came near to becoming a studium generale in the twelfth century’.
Introduction
Authors: Rausing Sigrid
Published: November 2023

This book is an anthropological interpretation of the changing aspects both of everyday life and of a deeper sense of identity on a former collective farm in Estonia in relation to the Soviet past and to the new independent republic. It is about the partial connections between contested territories, and the reconstruction of identity in the context of a succession of sharply delineated eras: the Russian Empire, the independent Estonian republic, the Soviet era, and the post-Soviet era. Each one involved the implementation of different systems for most social structures, and each one involved the rupture of traditions and connections. The text is loosely divided into two main parts, the first one addressing the ethnographic present, the second the local connections between history, memory, and ethnography. This was a society in the process of selfconsciously reconstituting itself with reference to history. My focus on history, therefore, is intended to reflect my informants’ own preoccupation with their past, and to provide an ethnographic analysis that is aligned with their own world view.
Culture and Ideology: The Conception of the Normal
Authors: Rausing Sigrid
Published: November 2023

Contemporary ethnography is generally critical of distinctions between culture and ideology, which tend to imply an imagined (and artificial) opposition between authenticity and imported modernity, or the primitive versus the civilized (Weiss 1996: 25). Nevertheless, work in the former Soviet Union needsto pay some attention to the question, since, whilst Soviet ideology has entered into the culture, in the sense that informants are only partially aware of it, the fact remains that, for the part they are aware of, some informants subscribe to it and others do not. The post-Soviet changes involve a process of becoming conscious of previously taken-for-granted aspects of culture, and of moving them from the realm of ‘culture’—that is, in this case, the intrinsically Estonian—to the realm of ‘ideology’—that is, the remnants of Soviet ideology and practice. The question of the relationship between ideology and culture, therefore, preoccupied my informants. For them, it was not an abstract question, but rather an intrinsic part of the appropriation of Westernness that largely constituted Estonia’s transition from a Soviet Republic to independence. My informants, in that sense, were their own ethnographers: culturally self-conscious and in transition.
Nation Building: The Formulation of the Estonian Swedish Identity, 1870–1940
Authors: Rausing Sigrid
Published: November 2023

In Part One of this book I considered the question of the redefinitions of identity in the post-Soviet transition. I looked at the relationship between culture and ideology, the charged symbolism of the transition, and the symbolic meaning of various forms of gift exchange, consumption, and aid. It became evident that there was a complex interplay between representations of the future, the present, and the past, which might be described as an alliance of consciousness between the past and the future against the experience of the present, or an alliance of the ‘normal’ against the ‘not normal’. The past, consequently, had to be reconfigured in various forms of myth and precedents. It follows that, to understand the tensions and desires of the present, we need to re-examine materials that relate to the past both as history and as a resource for constructing an image of a potential future.
SAAMCO Revisited
Authors: Peel Edwin
Published: November 2023

This paper should, perhaps, begin with an explanation of why it might be thought relevant to a book on ‘Commercial Remedies’. The remedy with which it is concerned is damages.
SAAMCO in Practice
Authors: Butler Richard
Published: November 2023

What might be described as the wide SAAMCO principle (that is, for the defendant to be liable, the losses claimed must fall within the scope of the duty undertaken by the defendant) is correct.
Conflict of Laws and Commercial Remedies: Comment
Authors: Reed Philip
Published: November 2023

Any useful criticism of the rules distinguishing between substantive and procedural remedies issues must take account of the fact that distinctions between legal systems as to remedies, and particularly as to the quantum of general damages, the law of remoteness of damage, and the availability of disclosure are representative of deep-seated cultural divides between the differing societies that those systems regulate. How much should a person be entitled to recover for the loss of an arm, the loss of the right to bear a child, the loss of a parent, or the loss of a reputation? The answers which society gives in Southern California are very different from the answers given in Bangladesh. One example may serve to illustrate.
Ec Law In Judicial Review— An Overview
Authors: Gordon Richard
Published: November 2023

The subject of this book is EC law as applied in the national courts by way of judicial review. It is not a work concerned with the overall substantive content of EC law or, indeed, with the working of the EC institutions. Nor is it directed to the enforcement of Save and insofar as substantive EC law has, in particular areas, a relationship with national public law. Part III addresses particular areas of EC law which have given rise to domestic public law issues. That is, the European Parliament, the European Council, and the European Commission. It is though concerned with the case law of the ECJ.
Non-Retroactivity
Authors: Gordon Richard
Published: November 2023

Non-retroactivity is a general principle of EC law. As with other general principles, it is used both as a principle of interpretation and as one conferring substantive protection. This means that the Administrative Court—or other national court where public law issues are raised—must apply non-retroactivity in its discrete EC form in those judicial review challenges falling within the scope of EC law. Although (see para 9.86 et seq.) both domestic and HRA law have a similar principle there are distinctions and constraints on non-retroactivity in EC law that do not find formal recognition elsewhere. In essence, non-retroactivity—where it operates as a legal constraint—prevents a Community or relevant national legislative measure from having effect in respect of a period prior to its publication.
Prophecy and Patronage: The Relationship between Charismatic Functionaries and Household OYcers in Early Christianity
Authors: Alistair Stewart-Sykes
Published: November 2023

During the nineteenth century, and throughout the twentieth, a consensus was built that oYce as such did not exist in early Christianity but developed at a later stage. This consensus has been described at length by Burtchaell and by Brockhaus, and for this reason there will be no attempt to repeat the description at any length. In essence the consensus holds not only that the earliest generation of Christians knew no oYce and that the emergence of oYces was a later development, but that in the absence of any oYce, congregations were ordered by the Spirit in an unmediated manner. Of course there is great variety of detail amongst exponents of the consensus, but this brief statement will suYce for the present.
Development Policy and Human Rights
Authors: Williams Andrew
Published: November 2023

There are two reasons for selecting development policy as central for examining the extent of incoherence in the EU’s human rights approaches. First, development co-operation has been an important component of the Community’s institutional structure ever since the Treaty of Rome. It has formed a focus for external relations and has been invariably affected by the Community’s initiatives in foreign policy. European Political Co-operation, its successor the Common Foreign and Security Policy, and the external commercial policy frameworks have all played significant roles in relations with developing states. Tracking the progression of development policy therefore provides the opportunity to consider perhaps the most complete expression of human rights in an external context. Secondly, the field of development represents the location where the Community confronts its ‘other’, those not of Europe, the ‘uncivilized’, ‘undeveloped’, ‘strangers’, in a structured and institutional manner. Through law, rhetoric, and practice the Community has defined its relationship with the ‘South’. The part played by human rights in this process has been a vital one. Consequently, an analysis of development policy will provide a detailed picture against which the internal condition of human rights practice can be compared.
Accession to the Community and Human Rights
Authors: Williams Andrew
Published: November 2023

Any exploration of the incoherence of the Community’s human rights policies would be incomplete without consideration of the approach adopted in the enlargement process. In no other policy dimension is the contrast between the external and internal made quite so stark. For here, third party states on the cusp of entry to the European club experience a strange and ambiguous position. On the one hand they are subjected to human rights requirements and demands to ensure that their membership application proceeds and on the other they can view the prospect of being encompassed by a rights regime of a different hue once they achieve full entry to the Community. The nature of that difference tells a great deal about the extent of incoherence in the Community’s policies.
The Scope of Internal-External Incoherence
Authors: Williams Andrew
Published: November 2023

The review of the Community’s development and accession policies revealed three main areas of discursive and practical human rights activity: first, in the formulation of the definitions of rights, secondly, in the methods of surveillance adopted, and thirdly, in the powers of enforcement assumed. These components provide useful parameters for undertaking the comparison with the Community’s internal policy. The extent of the alleged incoherence between internal and external affairs can then be mapped more accurately.

To talk of ‘human rights’ as a recognized and established body of principles and concepts would be fallacious. The subject has been and remains contentious. The contents and meanings of the term are fluid and open to debate. Such has been the character of the international discourse for the past fifty years or more.
Explaining Incoherence: the Orthodox Arguments
Authors: Williams Andrew
Published: November 2023

The previous chapter makes the case that incoherence between the Community’s internal and external human rights practices and policies is both significant and deeply imbedded. Although the full extent of the distinction might rarely, if ever, have been acknowledged institutionally or academically there has been a willingness to accept that some disparity exists. As a consequence, various arguments can be constructed from what is a highly limited literature on the subject to explain the condition. However, few if any of the commentaries have sought to acknowledge, let alone look deeply into, the incoherence phenomenon. Nonetheless, the purpose of this chapter is to explore these extracted interpretations and to consider their contribution to aiding our understanding of the issue.
Karma or Grace
Authors: Davis Stephen T
Published: November 2023

All religions contain both a description and a diagnosis of the human predicament. People are unhappy because they are avaricious and striving. The gods are angry with us. The world is a terrible place because people care about themselves more than they do about others. People suffer because they have sinned against God.
On Sectoral Specificities in the Geography; of Corporate Location
Authors: Bottazz1 G1uuo , Dosi Giovanni , Fagiolo Giorgio
Published: November 2023

The very fact that ‘space matters in economic activity ‘ does not intuitively come as any big news irrespective of the angle from which one tries to interpret the observed spatial distributions of firms, plants, workers, manufacturing output, etc. After all, plenty of evidence witnesses for distributions that are very far from uniform ones, defined on whatever scale, e.g. countries, departments, regions, states, etc.
Complex Knowledge
Authors: Tsoukas Haridimos
Published: November 2023

In this book, Haridimos Tsoukas, one of the most imaginative organization theorists of our time, examines the nature of knowledge in organizations, and how individuals and scholars approach the concept of knowledge. Tsoukas firstly looks at organizational knowledge and its embessedness in social contexts and forms of life. He shows that knowledge is not just a collection of free floating representations of the world to be used at will, but an activity constitute of the world. On the one hand, the organization as an institutionalized system does produce regularities that can be captured via propositional forms of knowledge. On the other, the organization as practice as a lifeworld, or as an open-ended system produce stories, values, and shared traditions which can only be captured by narrative forms of knowledge. Secondly, Tsoukas looks at the issue of how individuals deal with the notion of complexity in organizations: Our inability to reduce the behavior of complex organizations to their constituent parts. Drawing on concepts such as discourse, narrativity, and reflexivity, he adopts a hermeneutical approach to the issue. Finally, Tsoukas examines the concept of meta-knowledge, and how we know what we know. Arguing that the underlying representationalist epistemology of much of mainstream management causes many problems, he advocates adopting a more discursive approach. He describes what such an epistemology might be, and illustrates it with examples from organization studies and strategic management. An ideal introduction to the thinking of a leading organizational theorist, this book will be essential reading for academics, researchers, and students of Knowledge Management, Organization Studies, Management Studies, Business Strategy and Applied Epistemology.
Do We Really Understand Tacit Knowledge?
Authors: Tsoukas Haridimos
Published: November 2023

IT is often argued that knowledge is fundamental to the functioning of late modern economies (Drucker 1993; Stehr 1994; Thurow 2000). ‘Well, what’s new here?’, a sceptic might ask. ‘Knowledge has always been implicated in the process of economic development, since anything we do, how we transform resources into products and services, crucially depends on the knowledge we have at our disposal for effecting such a transformation. An ancient artisan, a medieval craftsman and his apprentices, and a modern manufacturing system all make use of knowledge: certain skills, techniques, and procedures are employed for getting things done’.
Introduction: Changing Capitalisms? Internationalization, Institutional Change, and Systems of Economic Organization
Authors: Morgan Glenn
Published: November 2023

The last decade has seen a remarkable resurgence of interest in the differences between market economies and their roots in contrasting institutional arrangements. Whether comparing business systems, social systems of production, forms of regulation or varieties of capitalism, many studies have emphasized the viability and persistence of distinctive systems of economic coordination and control in developed market economies (Berger and Dore 1996; Boyer and Drache 1996; Crouch and Streeck 1997; Hall and Soskice 2001; Hollingsworth and Boyer 1997; Quack et al. 2000; Whitley 1999; Whitley and Kristensen 1996, 1997). These systems vary between institutional contexts, especially those governing capital and labour markets, and have been shown to generate contrasting economic outcomes, particularly in terms of technological development.
Not Such A ‘Timid Thing’: The Uk’s Integrity Right And Freedom Of Expression
Authors: Griffiths Jonathan
Published: November 2023

The potential conflict between the proprietary rights of copyright owners and the public’s right of freedom of expression has now been recognized as a significant issue deserving detailed attention. This collection of essays provides ample evidence of that attention. By contrast, there has been little consideration of the relationship between freedom of expression and the non-proprietary, or moral, right of integrity. In the common law world, such lack of interest ought not to be surprising. Where integrity rights exist. When this conflict is examined today in Canada, and especially from a Quebec perspective, one is immediately confronted with the federal nature of the country.
Freedom of Expression and Copyright Under Civil Law: Of Balance, Adaptation, and Access
Authors: Strowel Alain , Tulkens François
Published: November 2023

European copyright lawyers have not pondered very seriously the impact of freedom of expression on their field. All too often, they have failed to con- sider the requirements that freedom of expression imposes on the contours of copyright, and some copyright scholars still profess, or at least tacitly believe, that copyright should remain immune from free speech concerns. Interestingly, the same opm10n is sometimes shared by copyright lawyers as to the relationship between copyright and competition law: some IP purists maintain that IP should remain immune from any claims arising out of competition law concerns. This extreme view is of course as unacceptable as the one chat competition law always trumps intellectual property law, a view apparently popular among competition lawyers.
Suffering, Humility, and Transgressive Piety
Authors: Wolfson Elliot R
Published: November 2023

In the fourth and final chapter I shall explore the inculcation of the pietistic ideal of spiritual poverty, which provides us with a paradigmatic marker to mark the path to and from an ethics beyond ethics, an ethics that rests on a foundation not subject to the binary of good and evil. My analysis revolves about a presumed transvaluation of values, a process that may be referred to, paradoxically, as holding the centre at the margins. For many kabbalists, modesty and humility are primary values that ought to guide one’s way of walking in the world. The paramount act of devotion is linked to the task of becoming poor in the eyes of the other. The paragon of poverty does not necessarily entail financial hardship, even though some kabbalists have indeed maintained that spiritual wealth is in inverse proportion to economic deprivation, and that those who are in fact impoverished are to be treated as saintly by others who are more privileged.
EC Public Procurement: Case Law and Regulation
Authors: Bovis Christopher
Published: November 2023

Public procurement represents a specialist yet important area of practice in the European and international business and commercial legal environment. This book offers an inclusive, coherent and practical analysis of the relevant law and jurisprudence, with the principal focus on the case law of the European Court of Justice in the public procurement field. The author provides the reader with a taxonomy of the themes and reasoning that has been used by the Court, and a convenient conceptual framework for practitioners and academics alike.
The Blissful Sight of the Trinity
Authors: Saward John
Published: November 2023

The first thing our painter was asked to do was to produce a picture of Heaven, with the Blessed Trinity at its centre: First there must be the form of Paradise, and in this Paradise must be the Holy Trinity. Quarton ’s altarpiece allows us to see on earth, by image and with our bodily eyes, what we hope to see in Heaven, by essence and with the eyes of our intellect made glorious: God, One and Triune.
The University of Louvain at the End of the Sixteenth Century: Coping with Crisis
Authors: Lanoye Diederik , Vandermeersch Peter
Published: November 2023

It is necessary that His Majesty should provide sufficiently, for otherwise, [the University of Louvain] is in immediate danger of dissolving, because of the want and danger in Louvain. Were this to happen, God only knows when it will be re-established. And everyone can determine the damage that would be caused by the loss of such a famous and important university, out of which have come so many men, excelling in all forms of science and especially in theology, who have been the champions of our holy religion against the heretics in those regions.
Terms Of Reference
Authors: Benjamin Joanna
Published: November 2023

‘One of the most popular comedies of the seventeenth century was Thomas Shadwell’s The Virtuoso in which the virtuoso of the title is a scientiﬁc theorist, Sir Nicholas Gimcrack, who is found imitating the movements of a frog in order to learn how to swim. “I content myself with the speculative part of swimming,” he declares, “I care not for the Practick ”‘ Financial law is rooted in practice, and the purely theoretical swimmer is likely to sink. This book offers a conceptual scheme that aims to help lawyers in their business, which is of course to get wet.
Transaction Types
Authors: Benjamin Joanna
Published: November 2023

This chapter considers the contracts that create simple financial positions. Law, practice and (for some purposes) regulation divide such contracts into different categories. These categories include guarantees, insurance, derivatives, standby credits, and performance bonds. These are discussed briefly in turn in sections 4.2 to 4.6 below. Alternative arrangements achieving outcomes similar to simple positions, namely comfort letters, and joint and several liability, are discussed briefly in section 4.7.
Overview
Authors: Benjamin Joanna
Published: November 2023

Whereas Part II related to simple positions, Part III turns to funded positions. The legal and operational means by which risk is taken differs in the cases of simple and funded positions as follows. With simple positions, the exposure of the risk taker has the form of a promise. The risk taker agrees to pay the protection buyer or beneficiary upon the occurrence of certain events. But promises may be broken, and reliance on a promise involves exposure to credit risk. In contrast, with funded positions, the exposure of the risk taker has the form of a payment, which is to be restored if and to the extent that the risks in question do not materialize.
Regulation Of Funded Positions: Five Points Of Comparison
Authors: Benjamin Joanna
Published: November 2023

Regulation has long been considered necessary to protect the public against funded positions. In this discussion, the term ‘regulation’ is used to include judicial as well as statutory rules designed to protect the risk taker. All categories of financial position are regulated in some measure.
Overview
Authors: Benjamin Joanna
Published: November 2023

A fundamental problem of the human condition is exposure to unforeseeable and uncontrollable hazards. Historic responses to this problem have included stoicism, faith, and magic. Contemporary Western society’s response to a wide range of risks includes financial law, so that banks and insurance companies now perform the roles previously performed by philosophers, priests, and magicians. Financial law synthetically approximates a known and controlled future, by prospectively diverting the costs of misfortune from protection buyers to risk takers.
Conclusions
Authors: Benjamin Joanna
Published: November 2023

Financial law is a vast, complex, and fast-moving subject, of which this book merely sketches the outlines. But the book does suggest a couple of simple conclusions. The fi rst is the need to respond to sectoral convergence. The second is the further need to assess critically the success of judicial and statutory regulation in protecting the risk taker. The book closes with a note on fi nancial law and imagination.
The Origins of ‘The Second World War’
Authors: Reynolds David
Published: November 2023

It is now impossible to imagine the twentieth century without the terms ‘First World War’ and ‘Second World War’. Together they define the first half of the century, with the ‘pre-war’ and ‘inter-war’ eras as punctuation marks. They also conjure up the ultimate horror, World War III, lurid imaginings of which helped prevent the Cold War from turning hot. Yet use of the phrase ‘world war’ for these conflicts was by no means axiomatic.