bluuebunny/crossref_metadata_2025 huggingface dataset:
Beach-la-Mar to Bislama: Emergence of the Grammar
Authors: Crowley Terry
Published: November 2023

The Bislama spoken by the end of the First World War was probably not very different to varieties of Bislama spoken widely today. These varieties include those represented in most recent descriptions of the language, e.g. Guy (1975), Camden (1977), and Tryon (1987). The discussion that follows focuses on the evolution of those aspects of the grammar of twentieth-century Bislama which have come to distinguish it structurally from the sister dialects of Melanesian Pidgin spoken in Solomon Islands and in Papua New Guinea.
Self-Government and the Obligation to Obey Socialist Law
Authors: Sypnowich Christine
Published: November 2023

Would citizens have a moral obligation to obey the law in a socialist society? This chapter raises the age-old problem of obligation to the state, but in a radical framework, on the assumption that all citizens fully participate in the making of law, and all citizens enjoy maximum economic and social equality. If the citizen has a moral obligation to obey the law under a model of democratic socialism, radical theory will succeed where liberal theory fails.
Introduction
Authors: Heidensohn Frances
Published: November 2023

Social scientists can learn much from the study of images. In the early 1990s, for instance, it was possible to collect a striking series of pictures of women from western mass media. Margaret Thatcher, Britain’s Prime Minister for more than eleven years, resigned. World-wide she was shown not only departing in dramatic style, but her premiership was portrayed and analysed at length. A few months later, Edith Cresson became the first female Prime Minister of France. Between these two political events, women serving in the Coalition Forces in the Gulf War were depicted in combat gear and with weapons and also embracing their children as they left for the war. The most senior woman police officer in Britain claimed that she had been sexually discriminated against and was suspended while a disciplinary charge was brought against her. Fictional portrayals of women as detectives, especially in television series, are not new, but the 1990s saw new departures with films such as Nikita, Blue Steel, and The Silence of the Lambs in all of which the pursuing officer is a tough, armed female.
Introduction
Authors: Goldrick Dominic Mc
Published: November 2023

According to Louis Henkin, ‘Human rights is the idea of our time’. In concrete terms the ‘idea’ of human rights is given expression through a myriad of regional and global international instruments. The most general of those instruments, the Universal Declaration of Human Rights (1948), the International Covenant on Civil and Political Rights (1966), the Optional Protocol thereto (1966), and the International Covenant on Economic, Social, and Cultural Rights (1966), collectively form the ‘International Bill of Rights’. The two Covenants and the Optional Protocol entered into force in 1976.
Article 7
Authors: Goldrick Dominic Mc
Published: November 2023

No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. In particular, no one shall be subjected without his free consent to medical or scientific treatment.
Changing within the Consensus, 1964–79
Authors: Windlesham Lord
Published: November 2023

The abolition of the death penalty was a political, not an administrative, reform. Demand for the restoration of capital punishment is regarded to this day by many politicians as a powerful torrent capable of bursting its banks and flooding the adjoining landscape. For most of the time since 1965 it has been contained in a separate channel isolated from the rest of criminal justice policy-making. While the politicians were preoccupied with the death penalty and corporal punishment in the late 1950s and early 1960s, the civil servants were paddling in the mainstream, adjusting to the implications of the higher volume of crime and trying to get a grip on what was to become a perennial problem for the next quarter century, the growth in the number of persons appearing before the courts charged with criminal offences. To describe the process as reform would be to claim too much. Evolutionary modification, generally contained within a broad consensus, is nearer to the mark.
The Legal and Ethical Implications of Postcoital Birth Control*
Authors: Kennedy Ian
Published: November 2023

The purpose of this important symposium, as I understand it, is to make more widely known the form of birth control called ‘postcoital birth control’. Perhaps we should recall that it is exactly a year since the Pregnancy Advisory Service opened its first clinic offering this service, in April 1981. Some of you in the audience will have heard the BBC radio interview that Helene Grahame, PAS press and information officer, gave this morning. In it she set the scene for the symposium by pointing out that, despite the fact that services have been offered for a year now, there is still a considerable lack of awareness among doctors, especially GPs, and the public of these services, so much so that women quite often have to travel long distances to get help. Ms Grahame made the important point, to which I shall return later, that what we are talking about is a form of emergency birth control. We are not, at present at least, discussing something which can be looked upon as a regular method of birth control.
Patients, Doctors, and Human Rights
Authors: Kennedy Ian
Published: November 2023

My concern is with what I will call medical law. The question for consideration is whether there is anything to be gained analytically or practically in approaching medical law in terms of human rights. I will suggest that there is and that a number of recent developments in medical law should properly be seen as involving issues of human rights. I will argue further that if they had been seen in this way, they might well have been analysed and even decided differently.
The Monetary System, its Organization and Incidents
Authors: Mann F A
Published: November 2023

CHIEFLY in the course of the nineteenth century almost all States enacted legislation with a view to organizing their respective currencies. This led to the creation of monetary systems as they are familiar to the modern world. It does not fall within the scope of a discussion of the legal problems of money to describe in detail the numerous matters which are included in the organization of a monetary system; methods of issuing money, forms or symbols of money, the composition of coins, · standards of fineness, limits of error, remedy allowances-these are some of the elements of a monetary system which the legislator has to take care of and which economists have often described.
Monetary Obligation: Unliquidated Amounts
Authors: Mann F A
Published: November 2023

NOMINALISM, as has been shown, on account of its origin and nature, has developed and operates in relation to liquidated sums, whether they stem from the parties’ agreement, from a unilateral statement of intention such as a will or from statute. Consequently the question whether and to what extent nominalism operates outside the realm of fixed sums does not arise. The extent of unliquidated amounts depends upon the principles applicable to the relationship in issue rather than the law of money: it is the law of damages, breach of trust, unjustified enrichment, agency, and so forth that must decide upon the relevance and impact of variations of monetary value. In all these cases the claims are unliquidated and require assessment by means of a valuation in terms of money. Their extent or, to put it differently, the result of the valuation depends upon the time with reference to which the process of valuation is carried out. Value, as opposed to a sum which is fixed and constant in character, implies variability and, therefore, a reference to a time element.
Introduction Foreign Currency and its General Relations with Municipal and Private International Law
Authors: Mann F A
Published: November 2023

THE first part of this book is devoted to the legal position of a domestic currency within the sphere of its own domestidaw (e.g. Eng1ish money in England under English law). The second part, on which we are now entering, deals with the position of a currency other than that of the given country, within the sphere of such country’s private international and municipal law (e.g. French currency in England). But the case of a sum of English money payable under an obligation governed by a foreign law (e.g. pounds sterling under a French contract) is nowhere treated in the present work.
The General Position of Foreign Money and Foreign Money Obligations in English Law
Authors: Mann F A
Published: November 2023

THE question what money is to be regarded as foreign money cannot be so easily answered as might be supposed. It appears to be thought by some that foreign money is such money as belongs to a currency system of a country other than that whose law governs the obligation. Another author1 considers that money is foreign money if it is owed as a result of private agreement as opposed to public law. A view more widely held is that such money is foreign as is different from the currency of the place of payment, and this solution has been accepted by Article 41 of the Uniform Law on Bills and Notes, 1930, and by Article 36 of the Uniform Law on Cheques, 1931, which laws, in pursuance of the Convention made under the auspices of the League of Nations, have been put into force in a number of countries.
The Private International Law of Exchange· Control
Authors: Mann F A
Published: November 2023

The private international law of exchange control, i.e. that part of the conflict of laws which deals with the reaction of English law to foreign exchange control regulations,1 is undoubtedly one of the most important aspects of modern monetary law. Unfortunately, it is in a state of evolution which renders its treatment a matter of difficulty.

The Bretton Woods Agreements, at present binding upon more than 150 nations, not only express a definite legal policy, but also contain formal rules of law. Both that policy and those rules differ from traditional practice and theory. Moreover, Bretton Woods does not lay down a complete code: it leaves many gaps which will have to be filled by resorting to general principles.
The Valuation of Foreign Currencies
Authors: Mann F A
Published: November 2023

WHERE there exists an independent monetary system, its relationship with other monetary systems invalves not only the problem of making payments to another country, but also that of valuing the one currency in terms of another. The former was dealt with in the preceding three chapters; the latter, or rather some of its aspects, will be discussed in the present chapter.

Monetary systems may be related to each other by two means of measurement, the (nominal) par of exchange and the (real) rate of exchange. The par of exchange is of minor importance in the legal practice of a world in which currencies are ‘floating’ aud will therefore require only a few comments (below section II). On the other hand, the rate of exchange gives rise to many and varied problems which necessitate discussion at some length.
The Monetary Law of Inter-State Obligations
Authors: Mann F A
Published: November 2023

WHEN one comes to monetary obligations arising under public international lav·, that is to say, normally, obligations arising between international persons, one is concerned with problems which are almost identical with those arising under the municipal legal systems of all countries. The primary task, therefore, is to ascertain the extent to which the solutions evolved by municipal law are acceptable to international law. But two complications must be borne in mind. In the first place, international practice, which must form the background of legal research, has developed over a long period of time, discloses many varieties, and is dispersed over numerous treaties; it is so elusive that caution is required before a rule of customary international law can be deduced from it.
International Commercial Arbitration
Authors: Collier John , Lowe Vaughan
Published: November 2023

Commercial arbitration has a long history: it predates the existence of organised systems of States’ courts. Arbitration is a natural extension of the informal practice of traders calling upon a respected colleague to express a view on disputes between them. Where the courts might appear remote, rigid, and slow and expensive in their procedures and the judges might seem unversed in the ways of commerce and the law, insensitive and ill adapted to the exigencies of commercial life, arbitrators offered an attractive alternative. They were originally drawn from the same commercial community as the traders, often experienced in the trade, capable of offering practical suggestions for the settlement of the dispute and of doing so informally, quickly, and cheaply. These advantages of arbitration were magni­fied in disputes between traders in different countries.
Polish Society: The Rise of the New Middle Class
Authors: Kurczewski Jacek
Published: November 2023

What happened between 1970 and 1980 cannot be left to the arcana of the political game within the top levels of the party bureaucracy nor to the permanent undermining of the system by the professional scepticism and defiance on the part of intellectuals. External forces, from both East and West, were creating the frame that shaped the history of the whole region, and not only in Poland. The Polish evolution was important not because it was metaphysically unique but because here the social process, potentially universal, came to the fore with full force much earlier, and influenced thus both Polish history and the further developments in the region.
Daily Conflicts
Authors: Kurczewski Jacek
Published: November 2023

A well-established tradition of social science tells us to look for a key to understand the character of social life, if not to grasp the essence of it, in conflicts between people. Modem social sciences, on the other hand, point to the theoretical tension between the sphere of direct human experience that is conventionally described as the microsociological and the sphere of social events at the upper level of modem society in the form of political, economic, or cultural institutions within which the life of millions takes place. One often hears that focusing reflective and investigative attention on the first set of events prevents realization of the way they are determined by the events that take place on the larger scale, while on the other hand complaints are made that a perspective on society from above makes it impossible to observe successes and failures actually experienced by human beings in their common everyday existence.
Union Democracy in Action: A Meeting
Authors: Kurczewski Jacek
Published: November 2023

The purpose of this chapter is to look more closely into the procedural democracy practised by Solidarity as it emerged in 1980. Though such organizational rules are defined at the macro-level, the debate about democracy within the organization resulted from the experience of individuals in the concrete situations of elections, ballots, meetings, debates, and the like. It seems obvious, therefore, that however carefully we study the various rules, and practices, at the institutionalized level, this cannot be divorced from observation of the organization as it evolves day by day.
Self-Limited Freedom of Market: Food Rationing
Authors: Kurczewski Jacek
Published: November 2023

Calls for political freedoms and democracy were stressed in foreign media coverage of Polish events because the conflict within Polish society was translated into the terms of international politics as a conflict between democracy and Communism. For Poles themselves it was seen rather as a conflict between society and the Communist, whether Polish or Soviet. Poles thus also internationalized (or rather externalized) the conflict. In both cases the Soviet Union was commonly held to be the main protagonist in the political drama of Polish society.
Daily Bread and Liberation
Authors: Kurczewski Jacek
Published: November 2023

In 1984–6 at the Warsaw branch of the Polish Sociological Association, I held an open seminar on ‘Memoirs of Everyday Life’. It was based on two working assumptions. First, every problem to be discussed had to be a natural phenomenon, something which can be sensed intuitively but requires further explication. Secondly, that the problem should in turn become the subject of independent investigation carried out in various ways in order to overcome the dominance of the standardized questionnaire so typical of Polish sociology since the late 1950s.
The Constitution of the Heart
Authors: Kurczewski Jacek
Published: November 2023

Why should matters like the queue be studied, apan from the natural duty of the sociologist to document all social reality? I think it is because in the processes of this ‘economy of everyday life’ one can find explanations of other processes. When long go with Kazimierz Frieske, we studied the web of relationships between the socialist enterprises in Poland, we realized that, contrary to what all textbooks on the socialist economy and economic law say about the so-called ‘second economy’, it is in reality the most normal pan of life without which economic life would be impossible. Independent of the legal duty of co-operation between state enterprises according to laboriously prepared plans, the economic relations between enterprises in the socialist economy were closest to the functioning of the Melanesian economy based upon the reciprocity principle, as described by Bronislaw Malinowski, and Richard Thurnwald. Managers of socialist industry themselves explained to us how reciprocity of goods, services, and sanctions may result in efficient functioning, though this differs from that assumed by the official plans for the economy of the country.
Introduction
Authors: Roper Michael
Published: November 2023

The term ‘organization man’ was coined by business commentators in the 1950s to describe the growing armies of career managers in public corporations. Its ambiguity captures the central problem of this book. While the word ‘man’ implies a common humanity including women and men, the image evoked by writers like C. W. Mills of ‘the salaried bureaucrat, with brief case and slide rule’ is at the same time undeniably masculine.
The Psychic Realm of Business
Authors: Roper Michael
Published: November 2023

‘Business’ and’masculinity’ may seem at first sight to be only distantly related terms. Whilst business is an activity carried out in logically structured organizations for financial gain, ‘masculinity’ describes the gender attributes associated with men. Yet masculinity is visible in a variety of business domains: in the images of potency and emasculation used by journalists, economists, or even historians to depict economic activity; in the ‘macho’ ethos found in male dominated industries such as manufacturing; and in the thrusting language used by individual managers when describing their work, Managers live out particular gender identities in the work they do, influencing the conduct of business in the process and how it is rep resented as a social category. In an influential essay, ‘Gender: A Useful Category of Historical Analysis’, the historian Joan Scott pro poses a definition of gender that encompasses these different aspects. She emphasizes its role in signifying power relations, and suggests that it has a number of linked elements. One concerns the manipulation of cultural symbols, and the norms which confer meaning on these symbols. Another concerns social institutions such as the economy, work organizations, marriage, and family.
The Eclipse of Family Capitalism
Authors: Roper Michael
Published: November 2023

The generation of managers in this study began their careers just as the slow decline of family capitalism in Britain began to accelerate. During the post-war years industrial capital became more concentrated, as smaller, often owner-managed firms merged or were taken over, to become publicly owned enterprises run by salaried managers. While the 100 largest companies in 1970 accounted for 45 per cent of manufacturing output, in 1948, just twenty years earlier, they had accounted for 21 per cent of output.2 A succession of merger waves beginning in the 1920s meant that, by the end of the 1960s, the ownership of capital had become well and truly separated from managerial control. Where managers had once funded their businesses largely with personal or family capital, by 1969 the chairmen of the top 100 British firms owned a mere 2 per cent of equity in the firms they managed. Career managers had succeeded entrepreneurs and inheritors.
A
Authors: Toth A G
Published: November 2023

Art. 82 EC prohibits as incompatible with the common market any ‘abuse’ by one or more undertakings of a dominant position within the common market or in a substantial part of it insofar as it may affect trade between Member States. For this prohibition to apply, three elements must be present simultaneously: the existence of a dominant position, the abuse of this position, and the possibility that trade between Member States may thereby be affected (see e.g. Case 24/67 Parke, Davis [1968] ECR 55 at p. 72; Case 40/70 Sirena [1971] ECR 69 at p. 83. For a discussion of the first and third elements, see further under Dominant position, Effect on trade between Member States).
E
Authors: Toth A G
Published: November 2023

One of the conditions for the application of Arts. 81 and 82 EC is that the anti-competitive conduct prohibited by them (i.e. restriction of competition and abuse of a dominant position within the common market) must ‘affect trade between Member States’. According to the Court of Justice, this condition must be interpreted and applied in the light of its purpose, which is to determine the respective scope of application of Community and national competition law. Thus, Community law covers any agreement or any practice which is capable of constituting a threat to freedom of trade between Member States in a manner which might harm the attainment of the objectives of a single market between the Member States, in particular by partitioning the national markets or by affecting the structure of competition within the common market. On the other hand conduct the effects of which are confined to the territory of a single Member State is governed by the national legal order (Case 22/78 Hugin v. Commission [1979] ECR 1869 at p. 1899. Similar statements can be found in most of the cases cited below). Consequently, it is only to the extent to which an agreement, decision or concerted practice or an abuse of a dominant position may affect trade between Member States that it falls within the prohibition of Community law; otherwise it escapes that prohibition (Case 56/65 Société Technique Minière [1966] ECR 235 at p. 249; Cases 56/64 etc. Consten and Grundig v. Commission [1966] ECR 299 at p. 341). Thus, the effect on trade criterion is basically a jurisdictional criterion, which defines the scope of application of Community competition law.
Equity Between Early and Subsequent Arrivals
Authors: Ian Brownlie Q C , Brookfield F M
Published: November 2023

The subject of these lectures is essentially the question of equity, justice, or fair dealing, between two groups which can be differentiated on the basis that one group consists of early arrivals and the other of subsequent arrivals. The question may be asked, how can this be a subject worth special examination? If a State is democratic in practice and subject to the rule of law, then each individual within it will enjoy his or her modicum of freedom, and the recognition of the rights of the individual guarantees an absence of problems. But, in the case of New Zealand, there are three dimensions to be added. The first is the existence of a group claiming a separate identity and the recognition of this claim within the prevailing political.
Prologue
Authors: Robins David
Published: November 2023

In the shadow of the gaunt tower blocks of the Satellite Estate, Wayne Robinson, 23, stamps up and down the Parade, the estate’s dilapidated shopping precinct. Sometimes he stops abruptly midstride and shakes a fist at the steel-mesh shutters of a disused shop front which once housed the Lee Ho Fung Chinese Takeaway. Then he carries on marching rigidly up and down the precinct, as passersby swerve to avoid him. One evening a few years previously an elderly Chinese man who once worked at the takeaway was beaten to death while waiting for a lift to take him to his flat in one of the tower blocks on the Estate. Wayne Robinson, unemployed, with a history of acute disordered behaviour, had been sighted in the vicinity. He was visited by the police at home, and then taken to the Police Station, where he was closely interrogated about this ‘mugging that went wrong’.
Conclusion
Authors: Robins David
Published: November 2023

This story of the rise and fall of a community organization against a background of crime and delinquency took place in the 1980s, a decade when the effect of austere Government economic policies was to exacerbate poverty and unemployment and help create the conditions for a generation hooked on criminality. There was a 25 per cent increase in the prison population and a massive expansion in youth training and temporary employment programmes. A host of gimmicky wealth creation schemes were launched at a succession of glitzy press conferences, and appeals were made to the hidden business potential of people struggling to survive in run-down urban areas. Enterprise initiatives were hyped up and oversold to funding agencies. Rhetoric evaded reality.
Pornography and Child Sexual Abuse
Authors: Kelly Liz
Published: November 2023

The sex industry relies upon, and trades in, all forms of inequality; children’s powerlessness makes them a particular target. Yet in feminist analyses of, and campaigning against, pornography relatively little attention has been paid to child pornography. For example, in a recent British publication, Feminism and Censorship, 1 not one of the pieces (including my own) mentions children or child pornography. The only explicit attempt to explain this absence which I have encountered was made by Susan Cole.2 She argued that focusing on child pornography was too easy, since there was a general consensus about the harm involved, and our task was to demonstrate that there was a problem in relation to adult women.
Sourcing Information Technology Capability: A Framework for Decision-Making
Authors: Lacity Mary C , Willcocks, Leslie P , Feeny David F
Published: November 2023

In the years since Eastman Kodak in 1989 announced that it was outsourcing its entire IT function, an important change has taken place in the sourcing of IT activity. Most visibly, senior executives of other Fortune 500 companies have followed Kodak’s example and signed long-term contracts worth hundreds of millions of dollars with IT outsourcing ‘partners’. Examples include Continental Airlines, Continental Bank, Enron, First City, General Dynamics, McDonell Douglas, and Xerox (for details see Ambrosio 1991; Hamilton 1989; Hopper 1990; Huber 1993; Mehler 1992). In the UK, large organizations such as British Aerospace, BP Exploration, the Inland Revenue, and Philips Electronics have followed suit (see Willcocks and Fitzgerald 1994). CIOs and other prominent members of the IT community have responded with warnings of the dangers of surrendering management control of a ‘strategic asset’ (Bergstrom 1991; Buck-Lew 1992; Ganz 1990; Krass 1990). In many cases, these predictions have proved valid, with ‘strategic partnerships’ experiencing severe problems. Some companies have paid out huge sums to extricate themselves from contracts and rebuild their in-house capability (for a discussion see Lacity and Hirschheim 1993a and Willcocks 1995). On the other hand, CIOs who have adamantly refused to deal with outsourcing vendors have met personal misfortune when their own organizations have failed to demonstrate value for money. These high-profile events have tended to obscure the real phenomenon, a significant and irreversible move to what we call the selective sourcing of IT activity.
Nature and Use of Specific Sanctions
Authors: Smith Russell G
Published: November 2023

The Medical Acts from 1858 to 1983 have all conferred a discretion upon the disciplinary body as to whether a direction should be given that a practitioner’s name be erased from the Medical Register once a conviction has been proved or guilt of serious professional misconduct established (see Medical Act 1983, s. 36).
England Rejects ‘Delocalized’ Contracts and Arbitration
Authors: Mann F A
Published: November 2023

At first sight the decision of the House of Lords (Lord Diplock with whom Lord Roskill, Lord Brandon of Oakbrook, and Lord Brightman agreed, and Lord Wilberforce) in Amin Rasheed Shipping Corporation v. Kuwait Insurance Company illustrates no more than the application of the well-known doctrine of the proper law of contract in the conflict of laws to particular facts. Yet closer analysis leads to the uncovering of some valuable jewels which deserve to be drawn to the attention of a wider circle of readers.
Free of Exchange
Authors: Mann F A
Published: November 2023

The question before the Privy Council in National Mutual Life Association of Australasia v. Attorney-General for New Zealand, was, as Lord Reid put it when delivering the Board’s opinion, ‘difficult, but ... narrow in scope’. The appellants were the owners of New Zealand Inscribed Stock entered in the New Zealand Treasury’s register at Wellington and expressed in pounds, but marked ‘Principal and interest payable at Melbourne free of exchange’. Were the appellants entitled to New Zealand pounds or to Australian pounds? Their Lordships’ decision in favour of the latter view rested exclusively on the construction of the words ‘free of exchange’; this clause probably does not occur frequently and has no technical meaning, so that the implications of the decision are unlikely to be of wider impact. However, it is not without general interest.
The Gold Clause Again
Authors: Mann F A
Published: November 2023

Almost twenty-five years ago Professor Arthur Nussbaum spoke of the ‘Tantalus interpretation’ to which gold clauses had been subjected in earlier days: whenever a bondholder believed he enjoyed the protection of a gold clause, the courts, at the critical moment, were astute in depriving him of it. Yet, beginning with the great decision of the Permanent Court of International Justice in the Case of the Serbian Loans ,2 the judicial tendencies changed in most countries and by 1953 it could be suggested that the fight against the ‘Tantalus interpretation’ had succeeded. The fate which the ‘First Mortgage 4½ per cent Coupon Gold Bonds’ issued by the Kentucky and Indiana Terminal Railroad Company in 1911 in England under English law recently suffered at the hands of American and English courts seems, however, to indicate a revival of that interpretation.
Statutory Interpretation and Human Rights and Fundamental Freedoms
Authors: Mann F A
Published: November 2023

There is an air of tragedy about the decision of the House of Lords in Inland Revenue Commissioners v. Rossminster Ltd. [1980] r All ER 80. It was the case in which a majority of the House (Lord Wilberforce, Viscount Dilhorne, Lord Diplock, and Lord Scarman, Lord Salmon dissenting) reversed the Court of Appeal (Lord Denning MR, Browne and Goff L JJ) and held that if in accordance with section 20C of the Taxes Management Act 1970 as amended in 1976 ‘the appropriate judicial authority is satisfied

... that ... there is reasonable ground for suspecting’ a tax fraud it may issue a warrant authorizing a search of premises and the removal of documents. A large number of Inland Revenue officials, accompanied by police officers were held to be entitled to enter private premises at 7 o’clock in the morning and, without disclosing any particulars, to collect and remove documents of the most varied character, including children’s school reports. The tragedy arises, first, from the fact that all their lordships were clearly oppressed by what Lord Scarman (at 101) called the ‘breathtaking inroad on the individual’s right of privacy and right of property’ which the section was held to permit.
Documents ‘of the’ Diplomatic Mission
Authors: Mann F A
Published: November 2023

The decision of the House of Lords in Shearson Lehman Brothers Inc. v. Maclaine, Watson & Co. Ltd. (No. 2) [1988] 1 WLR 16 arose from an intervention by the International Tin Council, an international organization, which objected to the use in those proceedings of documents emanating from it. Neither the precise nature of the documents nor the circumstances of their receipt by the litigants were ever clarified, so that the House of Lords took the most exceptional step of deciding abstract points of law. It was assisted by thirteen ‘assumptions’ upon which the parties had agreed and according to which the documents or copy documents were assumed to have been supplied to third parties with or without the consent of the ITC by a member of its staff or by one of the Member States, its delegates or advisers, or made available to and published by the House of Commons Select Committee or released by the United States authorities under the Freedom of Information Act, or prepared by a third party on the basis of information derived from an ITC document, and so forth. All such and similar documents were said to come within the words of Article 24 of the Vienna Convention scheduled to the Diplomatic Privileges Act 1964 as applied by Article 7(1) of the Inter¬ national Tin Council (Immunities and Privileges) Order 1972: ‘The archives and documents of the mission shall be inviolable at any time and wherever they may be.’
Rights of Peoples: Point of View of a Logician
Authors: Makinson David
Published: November 2023

The purpose of this paper is to review the logical issues involved in the notion of a right held by all peoples. There are two substantive parts. One deals with problems of indeterminacy of various kinds. The other deals with problems of inconsistency and conflict. Throughout, the point of view is that of a logician.
The New Zealand Bill of Rights Experience
Authors: Joseph* Philip A
Published: November 2023

New Zealand enacted its Bill of Rights Act 1990 in lieu of a more ambitious reform under the Government White Paper, A Bill of Rights for New Zealand (1985). The White Paper proposed a constitutionalised (entrenched) Bill of Rights modelled on the Canadian Charter of Rights and Freedoms. The Bill was tabled in Parliament and referred to its Justice and Law Reform Committee for examination, but the proposal lapsed when the Committee reported in 1988.
First Choices: Patterns of Bequeathing
Authors: Finch Janet , Hayes Lynn , Mason Jennifer , Masson Judith , Wallis Lorraine
Published: November 2023

We move now to explore the content of bequeathing choices in our random sample of 800 wills. Since our particular focus is on family relationships, and what wills can tell us about these in the context of inheritance, we have used our wills to explore in some detail the relationships between testators and beneficiaries. As we indicated in chapter 1, we are trying to understand how people’s concept of ‘family’ gets defined in this context. Our sample also enables us to explore whether these patterns have changed over our four sample years.
Introduction
Authors: Kontou Nancy
Published: November 2023

The consent of States to be legally bound internationally may be expressed in different forms. States may create legal rights and obligations inter se by concluding a treaty, or their consistent practice in a certain area may be the basis for the creation of customary law, if it is also accompanied by an opinio juris. Treaties are concluded in the context of general international law in force at the time of the parties’ agreement. They can repeat the general norm, refine and complete it, or apply special rules in the relations between the contracting parties. A treaty codifying State practice in a certain area repeats the general customary norm in the interest of clarity, legal certainty, and ease of proof. A treaty can refine or complete a general principle by specifying the details of its application. Consider, for instance, the Capitulatory treaties based on the general principle of the personality of laws providing that the laws of the home State applied to merchants wherever in the world they may be. The treaties implemented this principle by creating the institution of consuls who were empowered to apply to foreign residents the laws of their country of origin.
Decisions of International Tribunals
Authors: Kontou Nancy
Published: November 2023

In the context of international adjudication, the claim may be made that a treaty rule is no longer applicable by reason of the evolution of customary law. Faced with this argument, tribunals will have to determine whether a treaty is still valid despite its incompatibility with more recent customary rules. Moreover, if the treaty is held to be valid, a tribunal may have to decide which of two rules on the same subject-matter, one conventional and the other customary, both of which are considered to be in force, will apply to the particular case. This chapter examines decisions of international tribunals dealing with these issues.
Space
Authors: Rock Paul
Published: November 2023

The Court formed a world spread out in space, and its contours and divisions were refracted in the built design of the courthouse that contained it. Indeed, it is a little difficult to write of container and contained as things apart. The Court and courthouse were importantly one. Read aright, the courthouse was an iron or map of social organization. The very arrangement of physical space in the Crown Court centre confirmed identities, segregated groups, and managed relations.
Time in the Court
Authors: Rock Paul
Published: November 2023

Two forms of temporal experience met in the Court. One was cyclical, and that was the temporal structure familiar to the professionals and users. It was complex and convoluted, composed of many interlocking and repeated cycles. If it were ever to be represented pictorially, it might resemble a piece of rococo tracery with its many curls and flourishes. The other form was linear, and that was the time known to the civilian. linear time did not appear to be especially complex, although it could be confusing enough because of its open horizons. Neither did it seem repetitive. Let me deal with cyclical time first.
The ‘Proximity Talks’
Authors: Necatigil Zaim M
Published: November 2023

The first round of the ‘proximity talks’ began at the United Nations headquarters in New York on IO September 1984 under the auspices of the UN Secretary-General. This was a device to overcome the difficulty arising from Mr Kyprianou’s refusal to negotiate with the Turkish Republic of Northern Cyprus unless the declaration of statehood was withdrawn. The Secretary-General invited the parties to New York for indirect consultations to prepare the ground for direct talks later on. During the ‘proximity talks’, the two sides sat in separate rooms while the Secretary-General acted as a go-between, thus performing a shuttle diplomacy, talking to both sides separately.
“Kol Ha’am” Company Limited v.Minister of the Interior
Authors: Zamir Itzhak , Allen Zysbla T
Published: November 2023

Section 19(2)(a) of the Press Ordinance, as amended, provides as follows:

The High Commissioner, either with or without having caused the proprietor or editor of a newspaper to be warned under subsection (1) hereof, may: if any matter appearing in a newspaper is, in the opinion of the High Commissioner in Council, likely to endanger the public peace.
Member of I(nesset Rabbi Meir Kahane and the ‘Kach’ Movement v.The Executive Board of the Broadcasting Authority and others
Authors: Zamir Itzhak , Allen Zysbla T
Published: November 2023

What is the authority and extent of the discretion of the Broadcasting Authority in refusing to broadcast views and opinions that conflict with the democratic nature of the state because they spread hatred and anger based on racial or national origin? This is the question for us to decide.
Meir Schnitzer and Others v.The Chief Military Censor and Others
Authors: Zamir Itzhak , Allen Zysbla T
Published: November 2023

What is the power of the ‘Military Censor’, operating in accordance with the Defence (Emergency) Regulations 1945, to prohibit publication of a newspaper article which is critical of the role of the Chief of the Institute for Intelligence and Special Operations (‘Mossad’), and which contains information related to forthcoming changes in the leadership of the Mossad? This is the question that stands at the centre of the petition before us.
Shlomo Miterani and others v.Minister of Transport and another
Authors: Zamir Itzhak , Allen Zysbla T
Published: November 2023

The immediate cause for their approaching this Court was the publicaion in the Ministry of Transport of internal regulations prohibiting registration offices and licensed garages from accepting documents for vehicle checks and registration from anyone not listed among the following: the vehicle owner himself, a member of his family, someone in his permanent employ, an employee of a licensed garage, and a vehicle dealer. This internal regulation will, according to the petitioners, deprive them of their livelihood, since for years they have made their living dealing with requests for vehicle checks and vehicle registration on the basis of a service for all.
The Administrative Offences Law: An Introductory Note*
Authors: Zamir Itzhak
Published: November 2023

The Administrative Offences Law, 1985, has proven to be a major step towards strengthening the rule of law on the one hand, and towards decriminalization of many offences on the other.
The Supreme Court and Parliamentary Supremacy
Authors: Kretzmer David
Published: November 2023

One of the fundamentals of the Israeli constitutional system was long thought to be the principle of parliamentary supremacy. In the early years of the State, attempts were made to persuade the Supreme Court to review primary legislation passed during the British Mandatory period that had been received into the Israeli legal system under a provision in the first legislative act passed after independence. These attempts rested on the theory that legislation that was inconsistent with the spirit or letter of Israel’s Declaration of Independence, or that was undemocratic in nature, was not valid in the new state. The Supreme Court was not receptive to these arguments. Following the English model, it held that deciding on the validity of primary legislation was a matter for Parliament, and the Court was not competent to deal with the issue.
A. Bergman v.Minister of Finance and State Comptroller
Authors: Agranat P , Sussman J , Landau J , Berinson J , Manny J
Published: November 2023

On 30 April 1969 this Court issued an order nisi against the Minister of Finance, to show cause why he should not refrain from any expenditure under section 6 of the Knesset and Local Authorities Elections (Financing, Limitation of Expenses and Audit) Law 1969 (hereafter ‘the Financing Law’); and against the State Comptroller to show cause why he should not refrain from any act which he is directed or authorized to implement pursuant to sections 11 and 12 of the Financing Law. The order nisi was issued on the petition of Advocate Dr A. Bergman on two principal grounds: one related to the manner in which the Financing Law was initiated and the other related to the manner in which the Law was passed in the Knesset.
The New Penology And Politics In Crisis
Authors: Pavarini* Massimo
Published: November 2023

Italy of the four mafia organizations (‘Cosa Nostra’ in Sicily, ‘Ndrangheta’ in Calabria, ‘Camorra’ in Campania, and ‘Nuova Corona Unita’ in Puglie roughly a quarter of the nation in the hands of organized crime); Italy of administrative corruption and political scandals on an endemic scale; Italy with the largest number of heroin addicts after the USA; Italy of bloodshed by Fascists and left-wing terrorists; Italy in which the Codes dating back to Mussolini’s era are still in force, providing the possibility of draconian prison sentences for the most minor offence. This is the criminal and penal Italy which has had one of the lowest prison populations in Europe over the last 20 years. This state of affairs changed radically in the early nineties.
Cross-National Imprisonment Rates
Authors: Pease* Ken
Published: November 2023

Prison use is universally held to vary massively across countries (see e.g., Wilkins 1991). Such differences have attracted a range of explanations, from the notion that prison capacity drives prison use (see Blumstein et al. 1983 for a review and critique), to the notion that tolerance of inequality manifests itself in both income distribution and prison use (sec Young 1986 for a review). Cross-national comparisons of prison use are common in political debate on penal issues, usually to shame an administration into changed practice. However, the limits and meaning of such variations in use arc not well understood. In particular, the rate of imprisonment per head of population has gained the status of the conventionally accepted form of presentation without having received the appropriate analytic attention.
Why Study Women’s Imprisonment? Or Anyone Els’S
Authors: Carlen* Pat
Published: November 2023

This was going to be the article on women’s imprisonment. I did not want to write on women’s imprisonment -for two main reasons. First, because I’ve been wondering with increasing frequency exactly why women’s imprisonment should be studied separately from men’s. Secondly, because nowadays there seems to be an urgent need to study prisons primarily as forms of punishment, rather than as instances or representations of just about every other aspect of society (e.g. gender, racism, class, human survival, teaching pottery, drama, or poetry, etc.). Why not just write on ‘imprisonment’, or, more fundamentally, why continue to study prisons-women’s or anyone else’s--at all? So I asked permission to transform the invitation to write a piece on women’s imprisonment into an opportunity to try to unravel the questions about gender, punishment, abolitionism, and the iconography of ‘the Prison’ which had been teasing me for several months. This indefinite article is the result. It is divided into four parts.
Inspecting Prisons
Authors: Morgan Roo , Evans* Malcolm
Published: November 2023

In many European jurisdictions, Britain included, the absence or ineffectiveness of domestic remedies against what critics judge to be unacceptable prison conditions or decision-making procedures has meant that attention has turned increasingly to international agencies, both inter-governmental and non-governmental. Penal pressure groups seek more and more to bring international comparisons and scrutiny to bear on domestic policy.
The Contract of Employment, Other Agreements, the Circumstances Surrounding Employment, and the Instrument of Appointment
Authors: Amerasinghe C F
Published: November 2023

International administrative tribunals have not been slow to recognize that it is the internal law of the organization that they have to apply to employment relations. As early as 1929 the LNT stated: ‘The Tribunal is bound to apply the internal law of the League of Nations.’ In de Merodethe WBAT explicitly stated that ‘it must apply the internal law of the Bank as the law governing the conditions of employment. ‘ Authors also agree that it is the internal law of the organization that is applicable. But statements such as these do not specify a source of law as such. The internal law is the legal system governing employment relations. It is within this system that the sources of the law must be sought.