bluuebunny/crossref_metadata_2025 huggingface dataset:
Interacting Movements in the History of Icelandic
Authors: Hróarsdóttir Porbjörg
Published: November 2023

A central question in the comparison of OV- and VO-languages is whether the difference results from having more object movements in OV-languages, or more verb movements in VO-languages. In this chapter, I will argue that although the uniform VO-base hypothesis with overt versus covert leftward movement of objects yields positive results in the synchronic analysis of the Old(er) Icelandic VP, it cannot easily handle the diachronic aspect. Instead, I will agree with the original proposal of Haider (1992) that there are good reasons to assume that the verb moves more in VO-languages. Haider thinks of this verb movement as head movement. However, this could also be a VP-movement, provided that the complements have first moved out of this VP. This is the path that Johnson (1996), Hinterholzl (1997), and Kayne (1998) take. More exactly, they suggest that VO order might in some cases result from shifting a remnant VP containing the verb across complements extracted from the VP.
The Japanese Surrender, the US Occupation Measures, and their Impact on Japanese Private Property
Authors: Ando Nisuke
Published: November 2023

After the complete defeat and collapse of Germany in May 1945, the three Allied heads of governments agreed to hold a conference for the purpose of settling the question of Europe in general and that of Germany in particular. Accordingly, President Truman, Prime Minister Churchill, and Generalissimo Stalin met for a conference at Potsdam from 16 July to 2 August.1 Before his departure for the meeting, the US President decided to issue from the conference table an Allied proclamation to Japan, offering the latter an opportunity for surrender.
Emerging Problems of Medicine, Technology, and the Law*
Authors: Kennedy Ian
Published: November 2023

I have been invited to discuss emerging problems in technology, medicine, and the law. I take ‘technology’ in this context to mean the application of know-how and skill in the practice of medicine. Many problems exist for the practice of law in this area, and more are appearing. Just on Monday and Tuesday of this week I sat in on a case in the High Court in London. Mrs Victoria Gillick was asking for a declaration that National Health Service doctors in the area in which she lives would be acting unlawfully if they put into effect a Memorandum of Guidance issued by the Department of Health addressed to local health authorities stating that it was permissible to give contraceptive advice and treatment to girls under the age of 16 years without the consent of their parents.
Introduction
Authors: Gordley James
Published: November 2023

With the enactment of the Chinese Civil Code, systems of private law modelled on those of the West will govern nearly the entire world. Western legal systems, moreover, are much alike. Both ‘common law’ systems such as those of England and the United States and ‘civil law’ systems such as those of France, Italy and Germany have a similar doctrinal structure based on similar legal concepts. They divide private law into certain large fields such as property, tort, and· contract, and analyse these fields in a similar way. Problems of property law are approached by distinguishing ownership from possession. Tort liability is discussed by distinguishing fault from strict liability and by requiring that the defendant’s conduct be the proximate or adequate cause of the plaintiffs harm. The formation of a contract is analysed by applying doctrines of mistake, fraud, duress, and offer and acceptance. The obligations of the contracting parties are determined by using general canons of interpretation and by holding the parties to a set of ‘implied terms’ to be found in the law of sale, lease, or whatever other type of contract they have entered into. The enforceability of a contract is determined, inter alia, by a distinction between gift and exchange. The organization of the law and its larger concepts are alike even if particular rules are not. Accordingly, though answers may differ, the problem of whether a boy is liable for injuring a playfellow or a seller is liable for defects in his merchandise is analysed in much the same way in Hamburg, Montpellier, Manchester, and Tucson, or for that matter in New Delhi, Tel Aviv, Tokyo, and Jakarta.
The Anglo-American Reception
Authors: Gordley James
Published: November 2023

As One nineteenth-century common lawyer observed, at the time of Blackstone ‘the science of law in all that relates to contracts was left almost without cultivation’. The first treatise on contract law was published by Powell in 1790. Before that time, as Simpson has noted, there was scarcely any common law literature on contracts beyond a few pages in Blackstone and the reports of decided cases. The law of contract did not have a theory or a systematic doctrinal structure. It was organized not by definitions, doctrines, and principles, but in the common law courts by writs such as covenant and assumpsit and in the courts of equity by a series of vaguely conceived grounds for relief.
Liberalism and Nineteenth-Century Contract Law
Authors: Gordley James
Published: November 2023

According to Williston, the will theories arose because ‘[a] gospel of freedom was preached by both metaphysical and political philosophers in the latter half of the eighteenth century’. Its ‘classic expression ... in the United States is found in the sweeping generalities of the Declaration of Independence’. ‘In metaphysics, at the same time, philosophers were emphasizing the ego and the individual human will as the basic facts of life.’ Similarly, economists such as Smith, Ricardo, Bentham, and J. S. Mill ‘insisted on freedom of bargaining as the fundamental and indispensable requisite of progress’. ‘[I]t was a corollary of the philosophy of freedom and individualism that the law ought to extend the sphere and enforce the obligation of contract.’ The law did so by requiring a meeting of the minds for the formation of a contract and by allowing the parties to contract on whatever terms they might choose.
The Philippines
Authors: Muntarbhorn Vitit
Published: November 2023

The Philippines was colonized by Spain at the end of the sixteenth century. At the time, the islands now known as the Philippines were a conglomeration of small communities without a central authority. The northern islands became predominantly Catholic, while the southern islands retained much of the Muslin influence that had existed before colonization. After the defeat of Spain in the Spanish-American war in 1878 the United States took over as the colonial masters. In 1946 the Philippines became an independent state. The predominant event which shaped Philippine history in the 1980s was the fall of the Marcos regime in 1986 and its replacement by the democratically elected government of Mrs Corazon Aquino.
Brunei
Authors: Muntarbhorn Vitit
Published: November 2023

Brunei Darussalam became independent in 1984. Previously it was a British Protectorate under a Treaty of 1988 with Britain, which established British presence in the country.1 It is a Sultanate, the Sultan being the ruler with extensive powers of government.
P
Authors: Toth A G
Published: November 2023

One of two kinds of penalty (the other being a fine) which the Commission may impose on undertakings and associations of undertakings in the field of general EC competition law, i.e. under Arts. 81 and 82 EC (see Arts. 23 and 24 of Council Reg. 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty, OJ 2003 L1/1, which replaced Arts. 15 and 16 of Council Reg. 17, First Regulation implementing Articles 81 and 82 of the Treaty, OJ Sp. Edn. 1959–62, p. 87, as from 1 May 2004). Arts. 23 and 24 of Reg. 1/2003 also apply to competition in the transport sector (which was governed by special provisions prior to 1 May 2004), but separate rules apply in the field of merger control (concentrations) (see further under Competition in transport, Fine, Merger control procedure). Unlike fines, periodic penalty payments are in the nature of coercive measures; their function is to enforce compliance with the law in the future, and not to punish infringements committed in the past (see Cases 2/63 etc. San Michele v. High Authority [1963] ECR 327 at p. 352 per A.-G. Roemer, decided under the ECSC Treaty).
R
Authors: Toth A G
Published: November 2023

Contract whereby manufacturers undertake to supply each other with their products in the event of serious disruption resulting in significant loss of production at their factories. In Cases 29/83 etc. CRAM and Rheinzink v. Commission [1984] ECR 1679 at p. 1705, the Commission considered that such a contract constitutes a restriction on competition within the meaning of Art. 81(1) EC by virtue of both its object and its effect. It deprives the parties of their independence of action, of their ability to adapt individually to circumstances and of the possibility of benefiting, by increasing direct sales to customers, from production stoppages or reductions in output sustained by their competitors. Such a contract, if it is of a general scope and of long duration, or if it is automatically renewable, ‘institutionalizes mutual aid in lieu of competition’ and is likely to prevent any change in the parties’ respective market positions (ibid.). Without deciding whether a reciprocal assistance contract between manufacturers is generally caught by the prohibition in Art. 81(1) EC, the ECJ held that the contract in question in the above cases did constitute a restriction of competition. This was on account of its general and indefinite terms, its indeterminate duration, and the large quantities of products involved. The obligation to provide mutual assistance was not restricted to cases of force majeure or similar situations, but was extended to all cases of ‘serious disruption’ of whatever kind and from whatever source (ibid. at p. 1706).
Introduction
Authors: Taylor Avril
Published: November 2023

This book provides an account of the lives and experiences of a group of female intravenous drug users in Glasgow. It is based on fifteen months’ participant observation of the women in their own setting and on in-depth interviews carried out at the end of the observation period. It is the first full ethnographic account of the lifestyle of female drug users. Very little sociological research has been directed at female illicit drug users. Most research in the field of illicit drug use has overwhelmingly concentrated on young male users, and females are either ignored or seen as marginal (Blenheim Project, 1988; File, 1976; Gomberg, 1986; Jeffries, 1983; Marsh 1982; Prather and Fidell, 1978; Women 2000, 1987).
Conclusion
Authors: Taylor Avril
Published: November 2023

The previous chapters have presented an account of the lifestyles of a group of inner-city female intravenous drug users in Glasgow. In particular, they have presented a picture of drug use from the points of view of the women themselves. They have told us how they initially became involved in drug use and how they maintained their drug habit. They have told us about their social interactions, their relationship with their children, and their attitudes towards mother hood. Finally, they talked about their attempts to cease their use of drugs and the difficulties involved in this endeavour. This concluding chapter briefly draws together the main findings and themes which have emerged in the course of the text, drawing comparison, where relevant, with other research.
English Procedural Law and Foreign Arbitrations
Authors: Mann F A
Published: November 2023

The Note which a year ago appeared under the above title ventured to suggest that the Court of Appeal was in error when in James Miller & Partners Ltd. v. Whitworth Street Estates (Manchester) Ltd. it held the English Arbitration Act 1950 to be applicable to an arbitration conducted in Scotland on the ground that the contract containing the arbitration clause was governed by English law. This decision, the underlying facts of which need not be repeated, would have had unexpected repercussions in the field of international arbitrations. It would also have had the startling implication that arbitration proceedings in England would have been controlled by the arbitral procedure of the country, the law of which governs the contract.
The Problem of Stale Arbitrationsin England: A Possible Riddance of Bremer Vulkan?
Authors: Mann F A
Published: November 2023

It is probably no exaggeration to suggest that few decisions have met with such widespread disapproval by the profession as Bremer Vulkan Schiffbau und Maschinenfabrik v. South India Shipping Corporation Ltd [1981] AC 909. Few will disagree with Lord Denning MR’s criticism in The Splendid Sun [1981] QB 694. Since the House of Lords held in 1981 that want of prosecution by one party to an arbitration does not entitle the other party to an injunction, almost all attempts to solve a great practical problem have failed or at least led to such refinements, distinctions, and doctrinal sophistry that what should be a simple practical problem has been overlaid by an undesirable number of decisions. Notwithstanding much trouble and expense few of them produced an effective solution. Delay does not amount to frustration.
The Rights of Peoples: Some Conclusions
Authors: Crawford James
Published: November 2023

Assome of the essays in this volume demonstrate, there is much to criticize in the arguments for a ‘third generation’ of ‘solidarity rights’. One does not have to accept the view that international human rights are a closed category to regard some of the suggestions for the elaboration of ‘solidarity rights’ as mere novelties, apparently proposed for the sake of finding some thing new to say. The excessive generality and the disregard for content demonstrated in some of the elaborations of new rights not only raise questions about individual proposals, but reflect badly on the notion of a ‘third generation’ of rights as such. Their relation to existing human rights is also problematic. If proposals for a right to development can be elaborated and supported without any obvious content first being attributed to that right, how can one be confident of the content of existing rights? If the various peoples’ rights elaborated in the African Charter of Human and Peoples’ Rights are more likely to be relied on as modifying other rights or rules than as creating new autonomous rights, then peoples rights would seem to be rather a new range of excuses for reducing the scope of other rights-in effect, a new range of State rights in disguise.
Trials as Practical Work
Authors: Rock Paul
Published: November 2023

I have discussed trials and the conflicts which were at their core. Let me now take the next step and show how they were translated into the work of different professionals, insiders and outsiders, and how, in turn, they created the four concentric and overlapping social worlds that I started to describe in Chapter 2 and shall continue to describe in Chapters 5 and 6. An analysis of that work will continue throughout the rest of the book, and a number of arguments introduced here (and particularly those concerning space and time) will be elaborated at greater length in their own separate chapters.
The Politics of the Witness
Authors: Rock Paul
Published: November 2023

I have described something of the travails of victims and witnesses appearing in the Crown Court. They were quite visible to those who were able to look hard at a population that was kept in some deliberate obscurity. Many of those who worked in the Court, the probation officers, judges, ushers, court clerks, and CPS officers, privately expressed a measure of compassion for the private witness, but I have already explained why it was that those perfectly sympathetic men and women felt themselves restrained from doing much to supply comfort and aid. Multiple problems of time, access, resources, neutrality, collusion, commitment, and embarrassment prevented them from doing so. They had no mandate to adopt prosecution witnesses as clients or dependants, and such a mandate would have been compromising indeed.
Proportionality and Parsimony in American Sentencing Guidelines: The Minnesota and Oregon Standards
Authors: von Hirsch Andrew
Published: November 2023

The US Federal Guidelines will be examined in chapter eight of this volume by Professor Doob. The standards’ primary aim, he points out, was to get tough: and tough they certainly are. If the Guidelines produce unfair results, fairness was not one of the drafters’ major concerns. By and large, the Federal Guidelines have achieved their purpose: sentences imposed by Federal courts are now substantially more severe than they were before the Guidelines’ adoption.
The United States Sentencing Commission Guidelines: If you don’t know where you are going, you might not get there
Authors: Doob Anthony N
Published: November 2023

If one were to characterize the ‘problem’ that exists in sentencing in com mon law jurisdictions, one might suggest that there are two problems: (1) What institution is it that should control sentencing policy? (Many jurisdictions-Canada included-have not yet decided who should control sentencing-judges, legislatures, commissions, etc.) (2) How should sentencing be controlled (what goals or purposes, principles, or control mechanisms should be put in place)? Andrew von Hirsch has described how certain states in the USA approached the ‘who and how’ of sentencing reform.2 The US Federal jurisdiction is, I think, unique in its approach to these questions. Hence there are different lessons to learn from the US Federal experience than there are from the experiences in sentencing reform in the various states.
Public Prosecutors and Discretion
Authors: Fionda Julia
Published: November 2023

The role of the public prosecutor in sentencing has become the subject of intense debate in recent years. Experts recognize that their influence on sentencing practice is profound, and that the implications of their influence is far reaching. In this original study the author assesses the influence of the public prosecutor in Scotland, the Netherlands, England and Wales and Germany over the process of sentencing offenders in the criminal justice system. This study offers a detailed analysis of prosecutorial power to issue sanctions, such as fines, warnings and referrals to rehabilitation at the pre-trial stage, and develops three new models of justice seeking to analyse and explain the increasing use of prosecutorial power. The overlap between the role of prosecutor and judges is also discussed. This book is an original enquiry into an aspect of the role of the prosecutor which is increasingly important in major criminal justice systems, and will be of great interest to all those interested in the criminal justice system and the sentencing of offenders, and in comparative criminal justice policy and practice.
Transnational Fraud
Authors: Nygh Peter
Published: November 2023

The purpose of this paper is to explore internationally acceptable bases of jurisdiction. In pursuing that purpose I want to discover any consensus by way of treaty or national practice and test this against notions of fairness (due process) which as Professor Schlosser has argued, may reflect human rights notions. The enquiry is de lege ferenda, but obviously existing law and practice is relevant.
Intellectual Property
Authors: Trooboff Peter D
Published: November 2023

This chapter deals generally with issues of jurisdiction in actions relating to three types of intellectual property rights—copyright, patents and trademark, as well as related unfair competition claims. It begins by explaining the importance of the territorial principle in determining the applicability of domestic or foreign law by courts presented with claims for infringement of such rights. It explores the distinction between and the relationship of the scope of the applicable law and the personal jurisdiction of a court over a particular defendant. Finally, it surveys some of the cases in the United States concerning personal jurisdiction with a view to identifying some models of cases that will facilitate comparison with applicable law of other jurisdictions.
Restitution
Authors: McLachlan Campbell
Published: November 2023

The decision of the Swiss metal traders Metall und Rohstoff AG to pursue the US parent companies of its fraudulent English brokers led to litigation which not only redefined the jurisdiction of the English courts in tort cases, but also comprehensively exposed a lacuna in English longarm jurisdiction. Metall und Rohstoff sought, among other things, relief by way of an account and declaration for an alleged constructive trust over the proceeds of the sale of its aluminium.
EC and United Kingdom Competition Law Developments
Authors: Rose Vivien , Aitman David
Published: November 2023

The competition authorities in the United Kingdom and in Brussels have spent a considerable amount of time over the last year looking at various structural changes to media companies within the European Union—reaching a number of decisions on mergers, alliances, and joint ventures. They have focused also on the practices of a number of media companies, looking at the principles of exclusive licensing, whether media companies should be entitled to refuse to license to third parties the intellectual property rights in which they trade, and at the pricing strategies of a number of media companies.
Ministerial Offices
Authors: Brazier Rodney
Published: November 2023

Legislation impinges on the subject-matter of this Chapter to a greater extent than on most others, and therefore there will be a full discussion of several statutes. Difficulties of definition occur throughout the Chapter and, in particular, both the meaning of the phrase ‘Minister of the Crown’ and the question of what is a government department must be considered.
Ministers’ Pay And Benefits
Authors: Brazier Rodney
Published: November 2023

This Chapter examines the financial rewards to which Ministers are entitled. It analyses the provisions which govern the payment of ministerial salaries, and the sums which are payable to them as members of one or other House. The Chapter also looks at other tangible benefits which Ministers enjoy, including office accommodation and houses. The statutory limits on the number of ministerial salaries were dealt with in Chapter 2 in the context of the control on a Prime Minister•s patronage.1 The rules which seek to prevent conflict between Ministers’ personal financial interests and their official duties will be considered in the next chapter.
Leaving Government
Authors: Brazier Rodney
Published: November 2023

The composition of any Government changes regularly. Appointments are made to junior ministerial office and, after a few years, and whether or not promotion has intervened, the majority of those who make up the bulk of any Government will have left it. Cabinet Ministers, too, regularly leave office. When one party stays in government for a substantial period it will lose many individuals along the way for a variety of reasons, and appointment to ministerial office is, therefore, no guarantee of a prolonged period of service. General elections which produce a change in the party in power lead to a mass resignation of Ministers. The most important quantitative reason why a Minister may suddenly find himself on the back-benches is the regular reshuffle which is carried out by the Prime Minister; there are other reasons, but these are less significant in numerical terms. Such planned ministerial reshuffles necessarily result in resignations, and this Chapter will look at them first. Then the formalities of resignation will be examined, including the political importance of resignation letters. The final section will analyse the avenues open to a Minister to explain and defend his record when he suddenly finds himself involuntarily out of a job.
Aims of the Convention
Authors: Beaumont Paul R , Mceleavy Peter E
Published: November 2023

The title of the 1980 Hague Convention is of particular importance, for it makes clear that the instrument is only concerned with international situations and is in no way connected with the criminal aspects of the problem. The actual objectives of the Child Abduction Convention are set out in Article 1. In paragraph a), it is affirmed that the Convention shall secure the prompt return of children wrongfully removed to, or retained in, any Contracting State; while, in accordance with paragraph b), respect will be ensured for rights of custody and access existing under the law of one Contracting State in other Contracting States.3 However, can these be said to represent the only aims of the Convention? On their own the provisions present a very uncompromising image, namely that once it is proved that a child has been wrongfully removed or retained he or she must be sent back immediately.
Habitual Residence
Authors: Beaumont Paul R
Published: November 2023

The choice of a child’s habitual residence as the basis on which to found the summary return mechanism would appear, prima facie, entirely appropriate. Where else should a court send a wrongfully removed or retained child but to the environment and society of which the latter was a member. The success of the drafters lay not so much in focusing upon habitual residence, but in not including any alternative connecting factors. In so doing, the future Convention was assured a measure of certainty markedly absent from other contemporary instruments.
The Protection of Children Where a Return May Result in Harm: Article 13(1)(b), Undertakings, and Article 20
Authors: Beaumont Paul R , Mceleavy Peter E
Published: November 2023

The Convention may have been built on the premiss that abductions are harmful, but it was recognised at an early stage that in certain instances a reestablishment of the status quo ante could endanger a child. The challenge facing the drafters was how to incorporate an effective safety mechanism, acceptable to the maximum number of States, which would not jeopardise the summary-return procedure.
Article 12(2): The Child is Now Settled in its New Environment
Authors: Beaumont Paul R , Mceleavy Peter E
Published: November 2023

In holding that a child can only be returned forthwith when less than a year has passed from the time of the wrongful removal or retention, the drafters were recognising that the restoration of the status quo ante might no longer be possible once a child had spent a lengthy period of time in the State of refuge.
Rights of Access
Authors: Beaumont Paul R , Mceleavy Peter E
Published: November 2023

The prevailing view during the drafting of the Hague Convention was that access rights were the corollary of custody rights. It may be recalled that the perception at that time, and in most instances the accepted practice upon divorce or separation, was for one parent to have primary responsibility for a child and for the other to have defined visitation. Indeed it was this partial exclusion of one parent from the life of the child which was believed to help create the conditions for wrongful removals and retentions. However, it was thought that if access rights could be guaranteed this could remove a potential source of animosity, which could in turn serve to prevent abductions from actually occurring.
Interpretation
Authors: Beaumont Paul R , Mceleavy Peter E
Published: November 2023

Although radical in its choice of approach to deal with international child abductions, the 1980 Hague Convention shares with all other international instruments laying down a set of common rules the need for those rules to be uniformly applied if it is to operate effectively. This general principle was reaffirmed by Lord Browne-Wilkinson in Re H. (Minors)(Abduction: Acquiescence):An international Convention, expressed in different languages and intended to apply to a wide range of differing legal systems, cannot be construed differently in different jurisdictions.
Personal Claims
Authors: Smith Lionel D
Published: November 2023

This chapter addresses the personal claims which can be asserted fol lowing a successful exercise of tracing or following. The scope of this Part having been defined to exclude claims deriving from statutes and claims based on subrogation, the effect is that most of the claims discussed herein are Type B personal claims. That is, they are claims which depend on an interference with a proprietary right. This does not necessarily mean that they require the establishment of an existing proprietary right, but they do require at least proof that a proprietary right was held by the plaintiff at some point in the past, when the interference took place which is alleged to have generated a personal right.
The Woolf Report: Against the Public Interest?
Authors: Dehn Conrad
Published: November 2023

In the introduction to his Report Lord Woolf says the first aim of his review is to improve access to justice.

There are two aspects of access to justice, both important. One is the access of an individual claimant or respondent. The other is that of the public as such, including the press. Except incidentally, the Report deals only with the former, and the effect of what it proposes will be to reduce the latter.
The Economics of Cost-shifting Rules
Authors: Rickman* Neil
Published: November 2023

It has long been recognised that cost, complexity and delay are significant features of the civil justice system in England and Wales. To some extent, these features can be viewed favourably: financial cost and delay can both act as valuable disincentives to prospective litigants whose cases would not justify the use of scarce legal resources, while complexity is perhaps an inevitable result of a system which seeks accuracy and fairness. Having said this, it seems likely that there is some level of cost and delay at which the disincentive effect is too great, leaving parties with legitimate claims without the legal means to pursue them.
Access to Just Settlements: The Case of Medical Negligence
Authors: Genn Hazel
Published: November 2023

Debates about access to justice in the past have tended to focus on the extent to which citizens with ‘legal problems’ have been able to secure necessary legal advice and services in order to pursue or defend cases in the courts. The worry has been that many of those experiencing such ‘legal problems’ were failing to secure appropriate advice and representation and thus the opportunity of gaining the legal remedies to which they might be entitled. Empirical investigations into this phenomenon have identified the types of problems for which there was an unmet need, and attributed failure to secure legal advice—variously—to lack of legal sophistication, ignorance, lack of funds, social organization, and lack of legal advisers willing to deal with certain kinds of legal problems. Interest in access to justice issues in the UK flourished during the 1960s and 1970s and after a period of relative quiet we now find academic and other researchers rediscovering the conundrums of civil justice.
Access to Justice: Lessons from Tribunals
Authors: Sainsbury Roy , Genn hazel
Published: November 2023

In this chapter we wish to raise the profile of administrative tribunals in the debate about how to improve access to justice. It is often not appreciated that far more people have dealings with tribunals than ever come before the courts. Our aim therefore, is to examine whether there are lessons for the courts from our knowledge of how tribunals have developed over many years, and of their performance as bulk providers of justice. In setting ourselves this task we are able to draw on an eclectic array of tribunals, some of which have existed in one form or another since the early years of this century (such as social security tribunals) while others are very recent arrivals (such as the Special Educational Needs Tribunal, established in 1993).
Responses to Crime
Authors: Windlesham Lord
Published: November 2023

The impact of public opinion on criminal justice policy is the highly topical theme of Lord Windlesham's third volume of Responses to Crime. Like the first two volumes, Legislating with the Tide provides a readable and scholarly analysis of the development of contemporary penal policy. The political contents are examined; the role of the mass media weighed; and the translation of powerful tides of opinion into enforceable law compared in recent legislation aimed at combating crime in England and in the United States. The American example of the effects of populist-inspired sentencing reforms offers a timely warning to English policy-makers. The importance of the steps toward gun control promoted by President Clinton, one of the most high risk policies for any American elected politician, are shown in the recent tragedies of the mass shootings in Scotland and Tasmania. Also topical are the chapters on life sentences, appeals in cases of miscarriage of justice, and compensating victims of crime, each of which demonstrate the heightened significance of judicial review by the courts of ministerial decisions. For general readers with an interest in current policies towards crime and the punishment of offenders, as well as for all those directly involved in the processes of criminal justice, this book will be an indispensable guide. Lord Windlesham writes about criminal justice from his experience as a former minister at the Home Office and Northern Ireland Office, and as Chairman of the Parole Board for England and Wales for six years in the 1980s. He is Principal of Brasenose College, Oxford, and President of Victim Support. In 1995 he was awarded the degree of D.Litt by the University of Oxford for his studies in Criminal justice.
Trade and Environmental Law in the European Community
Authors: Ziegler Andreas R
Published: November 2023

This book offers the most up to date and comprehensive overview yet published of the European Community legal mechanisms and rules concerning the relationship between the establishment of the Single European Market and the development of international European and domestic environmental law. The author outlines the legal mechanisms of the EC Treaty and shows how they seek to create a balance between economic and environmental interests. Part one elaborates on the EC Treaty's principles governing the relationship bewteen the Single European Market and domestic environmental policy instruments. Besides the rules governing the free movement of goods (Articles 9, 12, 30-36), including the rules applicable to environmental taces (Article 95), it gives an overview of the EC's policies in the fields of green-state aids (Articles 92 etc) and competeition policies. Part two looks in detail at the harmonization of European environment related policy both for the creation of the Common/Single European Market and the development of a genuine European Environmental policy. It also looks closely at related areas such as agriculture, transport, the common commercial policy, external relations and the all important area of international environmental treaties.
Integration of Trade and Environment
Authors: Ziegler Andreas R
Published: November 2023

The co-ordination of trade liberalization and environmental protection is one of the biggest challenges facing all existing trade agreements1 today. Since World War II the liberalization of trade has been one of the main objectives of inter national relations and politics. The protection of the environment, on the other hand, has become a priority only in the last twenty years, since the 1972 UN Environmental Conference in Stockholm. In recent years there has been increasing discussion about the compatibility of liberalized trade and environmental protection and the limitation of either in the interests of the other.
The Conditions for Domestic Environmental Measures
Authors: Ziegler Andreas R
Published: November 2023

Despite the different legal concepts underlying Article 36 and the rule of reason, the Court of Justice uses a very similar test when applying them to domestic measures. In the view of the Court, the conditions, as laid down in Article 36’s second sentence, are also applicable to the rule of reason. In its abundant case law the Court has basically developed four conditions.

First, the national measure has to regulate an area where no exhaustive Community secondary law exists or where the latter leaves the Member States with the opportunity to adopt additional rules. Article 36 and the application of the rule of reason can only be invoked for objectives which are not already comprehensively covered and sufficiently guaranteed by Community law. Community law may, however, provide exceptions where diverging national measures are employed in spite of an existing harmonization at Community level.
Selected Community Policies and the Environment
Authors: Ziegler Andreas R
Published: November 2023

Since the entry into force of the Single European Act Articles l 30r to l 30t have finally introduced an explicit environmental policy into the Treaty. In spite of the harmonization of environmental measures under Article 130s the Member States may apply or introduce more stringent national measures under Article l 30t. These must be notified to the Commission. If deemed appropriate Community measures under Article 130s include specific safeguard clauses allowing diverging national measures, subject to a Community inspection procedure: Article 130r(2).
External Relations and Environmental Protection
Authors: Ziegler Andreas R
Published: November 2023

Environmental protection in many cases requires multilateral co-operation and negotiations within international bodies. This co-operation can lead to multilateral environmental agreements (MEAs). The Community has concluded many of these MEAs, usually together with the Member States as so-called ‘mixed agreements’. Before the coming into force of the Single European Act all Council decisions to conclude international environmental agreements were based on Article 235 EC. Now Article 130r(4) EC provides specific Community competence for international co-operation for the protection of the environment. International agreements are usually implemented internally by Community regulations to ensure a homogeneous application. Most of these agreements or the respective implementing regulations allow Member States to adopt more stringent measures.
The Evolution of the Multi-agency Approach to Violent Racism
Authors: Bowling Benjamin
Published: November 2023

Coordination (like other kinds of reorganisation) can become a tool in out right power struggles over control, priorities, or resources within the social service system. Each group with a stake in how social services are organised is interested in coordinated linkages that operate to its own relative advantage. Naturally, ideas about appropriate and effective coordination conflict. . . . Sometimes these conflicts are realty over questions of coordination. At other times the call for reform premised on the assumption of coordination is simply a way to fight other battles [Martin Rein, 1983].
Torture and the Liberal Democratic State: Three Modern Case Studies
Authors: Evans Malcolm D , Morgan Rod
Published: November 2023

In the period after 1945 the opening of the Cold War belied the hopes which attended the end of the Second World War. Grand political theory shored up by monolithic state apparatuses that showed little sign of withering persisted in the Soviet Union, in China, and in South East Asia. Not until Khrushchev’s landmark speeches of 1961 were there tangible signs of a critical breakthrough in the Soviet Union, and it was to be another twenty-five years before the Soviet Empire, and its justifying ideology, began to be dismantled. In China grand theory and the strong state continue to be proclaimed.
Dreamers and Diplomats: The Promise of International Law
Authors: Janis Mark Weston
Published: November 2023

It is easy to mock the optimism of nineteenth-century Americans about the promise of international law. With hindsight, we know that between 1914 and 1945, ‘civilized’ Europe and America were engulfed in two bloody World Wars and that since 1945, all the world’s peoples have been threatened by nuclear war and other terrors. Such horrors were undreamed by nineteenth-century Americans. Our past was their future. What those Americans knew at the end of their century was their own past, a much more encouraging history. Here we look at some of the dreaming, much of it religious, about international law, as well as some of the diplomacy that strove to put the dreams into practice before the world woke to the terrible events of the summer of 1914.
Presumptions and Illegality
Authors: Davies Derek
Published: November 2023

Presumptions are not as innocuous as they seem. They tend to become more presumptions of law than of fact and create awkwardness in the law, distorting issues and affecting adversely the manner in which cases are decided. A number of illustrations can be given.
Taxing the Constructive Trustee: Should a Revenue Statute Address itself to Fictions?
Authors: Glover John
Published: November 2023

In revenue, as in private law, there is a marked difference between common law jurisdictions concerning the constructive trust. The United States and Canada take a functional approach-which may be dictated by fiscal imperatives as well as by remedial theories of the device. Revenue law in the United Kingdom and Australia still acknowledges fictions of the equitable sort. Amenability of revenue systems to the constructive trust will be evaluated here, as well as the hold which the equitable property idea has in Anglo-Australian law.
The Fiduciary Relationship and its Application to Doctors and Patients
Authors: Kennedy Ian
Published: November 2023

My interest in this essay is in the relationship between doctors and patients and, to the extent that the law becomes involved in this relationship, the conceptual tools which the law employs. I am concerned with professional negligence only to the extent that the tort of negligence is one such tool. I shall assert that the action in negligence is neither an appropriate nor successful means of mediating between doctor and patient. I shall then discuss a new conceptual device which some are advocating; the fiduciary relationship. In this discussion, you will be conscious of three sub-themes which will wind their way through my thoughts: the need to develop a legal framework which can best serve both patients and doctors; the need to determine how best the law may be developed, whether by courts, the legislature or by some form of agreed code; and, thirdly, since how really means by whom, the need to analyse the proper role for the medical profession in this process.
Restitutionary Damages
Authors: mcgregor Harvey
Published: November 2023

It may seem strange, even perverse, for one who has been asked to write on restitutionary damages to start by saying that he does not believe in the concept; but I do not. In my lexicon there is ‘restitution’ and there is ‘damages’. I do not say that never the twain shall meet for they meet, and overlap, all the time. But they are entirely different concepts: one deals with assuring compensation for loss to a plaintiff, the other with extracting a benefit from a defendant.
Rethinking Penalty Clauses
Authors: Downes T A
Published: November 2023

The purpose of this paper is to reexamine the law relating to penalty clauses and related doctrines. The starting thesis is that a body of rules which was once radical in its approach is now out of step with the contemporary trends in the regulation of contractual clauses, that realignment of doctrine is not difficult to achieve, and that there are indications in recent decisions that the courts may be engaged in the task of modernising the law. It is now some twenty years since the Law Commission reexamined the law! and there are grounds to question its conclusion of the time that ‘the application of the tests to distinguish between valid and invalid penalties ... has, on the whole, worked satisfactorily.’ Such questioning arises not so much from dissatisfaction with judicial decisions ostensibly based upon the present law but from doubts about whether in reaching these decisions the courts have truly adhered to the law as conventionally set out in the books. It is reinforced by the observation that civil law systems, while not disclaiming any power of control over penalty clauses, have operated from the presumption that such clauses should be given effect, as reflecting the will of the parties, and that any control must be seen as an exceptional mea-sure.
Order in the Charge Room
Authors: Choongh Satnam
Published: November 2023

The previous chapter presented the argument that certain groups and individuals in society receive greater attention from the police than others. As the interview extracts cited in Chapter Three demonstrate, some people, and indeed entire groups and communities, find themselves in a long-term relationship with the police. For much of the time, the police equate policing with keeping control over these ‘regulars’ by subjecting them to a system of police discipline. When the police approach these well-known ‘toe-rags’, or come across someone who fits into a targeted category, they do not interact with them in a way designed to confirm or dispel reasonable suspicions about criminal infractions. The police either assume that such individuals have been engaging in criminal activity (because that is what the ‘dross’ are always up to) or they are indifferent to the issue of legal guilt.
Responses to Amnesties by the Inter-American System for the Protection of Human Rights
Authors: Lutz Ellen
Published: November 2023

Widespread violations of human rights have a profound effect not only on those directly involved-decision-makers, perpetrators, those targeted for abuse, and unintended casualties-but on everyone living in the impacted society. After the abuses cease, these societies must go through a healing process that includes coming to terms with what happened, grieving for what was lost, condemning those who caused the suffering, and rebuilding. Since Nuremberg, policy-makers, human rights organizations, and victims have heralded trials for those responsible for human rights abuses as the catalyst for this healing process.
Communication Technologies
Authors: Ericson Richard V , Haggerty Kevin D
Published: November 2023

Despite the pervasiveness of communication technologies in policing, there is little academic research on the subject. Manning (1992a: 373; see also Manning 1992b) concludes a recent review article on police and information technology by stating that ‘It is not possible to evaluate interactions between technology and social organization and practices because little has been written about the practices, constraints, and opportunities associated with the use of new information technologies. ‘ In this chapter we rectify the lacuna in the literature by analysing the ways in which communication technologies relate to police organization and action. We initially consider how communication technologies are conceived of as the solution to police problems, especially problems of knowledge management. We then examine how communication technologies alter regulatory regimes within police organizations by framing how police officers think and act and by creating the possibility of routine surveillance of police activities. The surveillance capacity of communication technologies intensifies the administrative urge to risk manage almost every conceivable aspect of police officers ‘ lives. It constitutes the population of police in bio power terms, governing their work activity, competence levels, health, and security. Communication technologies also radically alter the structure of police organization by levelling hierarchies, blurring traditional divisions of labour, dispersing supervisory capacities, and limiting individual discretion. In the process, traditional rank structures of command and control are displaced by system surveillance mechanisms for regulating police conduct.