bluuebunny/crossref_metadata_2025 huggingface dataset:
Canada (Common Law Jurisdictions)
Authors: Blom Joost
Published: November 2023

This chapter concerns the rules for declining jurisdiction as applied in the common law jurisdictions of Canada, that is, the twelve Canadian court systems whose law is derived from English law. These include the courts of the nine provinces other than Quebec, the courts of the Yukon and Northwest Territories, and the Federal Court of Canada.

The rules for declining jurisdiction must be seen in the context of the rules determining when a court may take jurisdiction. As under English law (leaving aside the changes made by European Community law), the grounds for jurisdiction are implicit in the rules for service of process. In Canada these are contained in the rules of court of each province and territory, and the Federal Court Rules. The relevant provisions differ considerably from each other as well as from their English model. To begin with that model, the traditional English rules for actions in personam distinguish between service on a defendant who is present in the territory of the forum country, and service on a defendant who is outside the country (service ex juris).
Canada (Quebec)
Authors: Goldstein Gerald
Published: November 2023

Quebecois law on international proceedings has been deeply modified by the recent adoption of the new Civil Code of Quebec, in force since 1 January 1994. Its Book X contains comprehensive legislation on private international law. It originates in part in case law, but mostly in the academic literature which brought to Quebec recent developments stemming from other legislation, such as the Swiss or the German private international laws, and from international conventions. Therefore, in this chapter we shall deal primarily with the new law, although reference will also be made to the pre-existing law.
Finland
Authors: Klami Hannu Tapani
Published: November 2023

Private international law has traditionally been a matter rather neglected by the Finnish legislator, and this is even more so for international procedural law. Neither has judicial practice developed clear rules. For this reason it is relatively easy to write the Finnish chapter, and I will in the discussion follow the agenda set forth by Professor Fawcett.

In spite of the lack of a doctrine of forum non conveniens similar reasoning is to a certain extent employed by using different concepts.

A Finnish court may take up a case, if:

(1) Finland has jurisdiction over the case, i.e. the Finnish legal order has so-called general competence, as it is called in Finland;

(2) The court can base its jurisdiction upon a forum norm. This is also called special competence.
Greece
Authors: Kargados Panagiotis , moustaira Elina
Published: November 2023

As it is an old, well known, and well respected principle of international law that every State has the power autonomously to determine its own international jurisdiction, Greece was early on confronted with the problem of whether and on what conditions Greek courts should have the power to decide international, i.e. Graeco-foreign private law disputes.

However, it was some time (1835-1968) before Greek citizenship ceased to be the determinative factor of our international jurisdiction. First in 1940, and then more clearly in 1968, Greek citizenship gave way, as such a factor, to the principle of overlapping international and territorial jurisdiction. According to Article 3 of the Code of Civil Procedure of 1968, Greek courts have international jurisdiction when they have territorial jurisdiction.
United States of America
Authors: Duca Louis F Del , Zaphiriou George A
Published: November 2023

This chapter deals with the difficulties that arise when courts in different territorial units assume or are about to assume jurisdiction to deal with the same matter between the same parties. Conflicts, or in any case costly duplication, between the two proceedings are avoided when one of t e multiple courts assumes jurisdiction while the other court stays or dis misses the same case. Ideally, the non-convenient jurisdictions will dis miss the case in favour of the most convenient forum. The factors which determine when a forum is not convenient are analysed in Part II of this chapter. When no court is prepared to decline jurisdiction by invoking the doctrine of forum non conveniens, and two or more courts proceed to judgment independently, we are faced with a lis alibi pendens situation (hereinafter referred to as lis pendens). Lis pendens will be dealt with in Part III of this chapter.
The Regulation Debate—The Parties Involved
Authors: Stone Julie , Matthews Joan
Published: November 2023

While increased consumer demand may well be the reason for the heightened topicality of the issue of regulation for complementary medicine, it may not contribute proportionately to the regulatory end result. This is because it is highly likely that the direction of future regulation will be most influenced by those bodies with the greatest political stake in the outcome. In this chapter, we shall look at the four major parties involved in the regulation debate, and discuss their aims, in as much as they can be determined.
Ethical Practice
Authors: Stone Julie , Matthews Joan
Published: November 2023

What do we mean by ethics-led regulation? Essentially we envisage a system of regulation whereby the emphasis is placed firmly on instilling a practical basis for ensuring ethical standards of practice and on avoiding mistakes in the first place. As with the promotion and maintenance of good health, the emphasis should be on prevention rather than cure. As we have seen, the modes of regulation we have looked at operate retrospectively, centring on disciplinary mechanisms which only come into operation when professional standards have already been breached. Our first aim, therefore, is to suggest ways in which practitioners can attain high, ethical standards on an individual level.
Collective Ethical Practice
Authors: Stone Julie , Matthews Joan
Published: November 2023

Ethical conduct, first and foremost requires a practical understanding of what it means to practise ethically. Although one would trust that practitioners come to healing professions with certain internal standards, a theoretical understanding of what is meant by behaving ethically is something which will be instilled during training. This presupposes the existence of an infrastructure by means of which this can be achieved. As well as practical training in the technical skills required of therapy, it will require a commitment to the incorporation of training in the ethical dimensions of practice.
Holistic Regulation
Authors: Stone Julie , Matthews Joan
Published: November 2023

Looking ahead, we see the emergence of holistic based health care, combining the best of orthodox and non-orthodox approaches. We must recognize that the time schedule for change will be extremely gradual. This is inevitable, given what Capra calls ‘the tremendous symbolic power of biomedical therapy’ in our culture.

We need to accompany and facilitate this development with a holistic approach to regulation, recognizing the interplay of all existing regulatory mechanisms. Whilst we have focused on the centrality of ethics, we do not ignore the positive scope for using common law and statute law in ways which promote and facilitate a holistic therapeutic approach.
Why Regulate the Modern Corporation? The Failure of ‘Market Failure’
Authors: Campbell David
Published: November 2023

The argument that corporations should be subject to legal regulation of at least some of their actions tends to be couched in terms of ‘market failure’. Corporations are recognized to have characteristics, particularly the scale and scope of their operations, which make the market governance of their actions imperfect. The purpose of regulation is to iron out those imperfections and to restore market governance. Now in some cases this may mean very extensive legal regulation indeed, and in exceptional cases, particularly in respect of the so-called natural monopolies, an acceptance that market governance must be abandoned in favour of state governance. What typically is aimed at, however, even in these cases, is a sort of market governance through legally enforcing the effects of such governance when the market itself has lost the power to be self-enforcing.
Transfer Pricing and the Antinomies of Corporate Regulation
Authors: Picciotto Sol
Published: November 2023

The issue of transfer pricing, the pricing of internal transactions between affiliates within corporate groups, especially transnational corporations (TNCs), is firmly at the centre of the triangular relationship state-firm-market. It is therefore not surprising that it should be simultaneously a continual focus of political controversy, an arcane technical specialism, and a conundrum for economic and legal analysis. This chapter aims, by tracing the historical development of the taxation of transnational corporate groups, to indicate some of the dynamics involved in legal regulation by the state of capitalist property institutionalized in the corporate form.
The Second Directive
Authors: Edwards Vanessa
Published: November 2023

The second company law directive deals with the formation of public limited companies and the maintenance and alteration of their capital. In tenor and approach it differs from the First Directive: many of the provisions lay down detailed procedural requirements rather than simply directing the Member States to legislate to a certain end, and it has been criticized by some commentators for that reason. In terms of its substance however the Second Directive is undeniably of major importance, constituting a significant step towards company law harmonization in the European Community, and it has been welcomed by others as a heartening illustration of harmonization at its best.
The Third and Sixth Directives
Authors: Edwards Vanessa
Published: November 2023

The Third Directive on merges of public companies and the Sixth Directive on division of public companies derive from a single Proposal, originally intended to regulate both types of operation. The Commission’s Proposal for a third Council directive to co-ordinate the safeguards which Member States require of companies as defined in Article 58, paragraph 2, of the Treaty in order to protect the interests of membes and other parties in merges of joint-stock companies4 was submitted to the Council in June 1970. Despite its name, it was also expressed to extend to ‘other transaction akin to a merger’, including divisions.
The Fourth Directive
Authors: Edwards Vanessa
Published: November 2023

The Fourth Directive on annual accounts, like the companion Seventh Directive on consolidated accounts, is an uneasy compromise between two fundamentally different traditions: the prescriptive continental approach, with detailed legislation governing the format of accounts and the methods of valuation and rates of depreciation to be used, and the more pragmatic and flexible Anglo-Dutch practice based on accounting principles subject to a general requirement of a true and fair view. The concessions which were inevitably made in the course of negotiating such difficult middle ground manifest themselves in the numerous options available in the Directive: one commentator quotes ‘no less than 41 options open to the Member States in addition to 35 options left to the business enterprises themselves’. However, although full harmonization may have proved an elusive goal the achievement of the Fourth Directive in imposing certain common minimum reporting and disclosure requirements should not be underestimated.
The Third Stage—Introducing Mutual Recognition
Authors: Edwards Vanessa
Published: November 2023

Both applications for the listing of securities on an official Stock Exchange and public offers of securities may straddle national borders. The burden of complying with more than one regulatory system can be eased by harmonization of disclosure requirements; the residual duplication of effort can be eradicated by providing for mutual recognition throughout the Member States of the relevant disclosure documents. That state of affairs has now largely been accomplished: there is a framework for the mutual recognition of listing particulars as listing particulars (the 1987 amendment to the Listing Particulars Directive, or the First Mutual Recognition Directive), of public offer prospectuses as listing particulars (the 1990 amendment to the Listing Particulars Directive, or the Second Mutual Recognition Directive) and of public offer prospectuses as public offer prospectuses (the Public Offers Prospectus Directive).
The Major Shareholdings Directive
Authors: Edwards Vanessa
Published: November 2023

In 1985, the Commission submitted its Proposal for a Council Directive on information to be published when major shareholdings in the capital of a listed company are acquired or disposed of. At that time, only three Member States had a statutory regime for the disclosure of major shareholdings. Of those three, both France and Italy required disclosure of 10 per cent holdings in listed companies; only the United Kingdom had a more rigorous scheme, requiring disclosure when holdings in public companies, whether or not listed, reach 5 per cent and at each 1 per cent thereafter. There were thus significant differences in the information made available to investors in the various Member States. The Council had already adopted the first three securities Directives (the Admissions Directive, the Listing Particulars Directive and the Interim Reports Directive), the cornerstone of each being the requirement to inform. The Commission’s Proposal, providing for the disclosure of acquisitions or disposals of major shareholdings in the capital of listed companies, was ‘aimed at reinforcing at Community level the information policy already adopted by the Council’.
Secondary Establishment—the Case-Law
Authors: Edwards Vanessa
Published: November 2023

A company may seek to establish itself in a Member State other than that where it is incorporated either by transferring its real seat (primary establishment) or by setting up agencies, branches or subsidiaries (secondary establishment). It may be thought that the first limb of Article 52, which requires the abolition of restrictions on the freedom of establishment of nationals of a Member State in the territory of another Member State, would encompass restrictions on the primary establishment of companies. The Court ruled however in The Queen v HM Treasury and Commissioners of Inland Revenue, exp Daily Mail and General Trust PLC2 that Article 52 confers no such right on a company. There are in any event sound practical reasons why companies rarely seek to transfer their real seat. Far more common is the creation by a company of a secondary establishment in another Member State, and it is that aspect of corporate freedom of establishment which will be considered first.
Workers’ Participation in the European Union
Authors: Weiss Manfred
Published: November 2023

Workers’ participation in a broad sense-be it vi institutionalized models or collective bargaining, via trade unions or elected bodies-is a common feature throughout the Community. The question arises, however, to what extent it affords workers or workers’ representatives influence in management’s decision-making. When the problem is put this way, the differences become evident.1 Some countries provide statutory arrangements to make sure that workers’ representatives are informed, consulted, or even asked for their agreement before management takes specific measures. In other countries, everything depends on the strength of trade unions to put pressure on management.
Contracts, Prisons, and Public Law
Authors: Richardson Genevra
Published: November 2023

In the second half of the 1980s correctional authorities in the United States began to contract out the management and daily running of prisons. Tennessee with its Private Prison Act 1986 was the first state to authorize the contracting out of an adult general purpose prison. In the early 1990s England and Wales followed suit. Contracting out was authorized by the Criminal Justice Act 1991 and the first private prison, a remand centre, opened at the Wolds in April 1992. From these beginnings the practice of contracting out has expanded on both sides of the Atlantic. To date the total number of adult prisoners held in private prisons remains small in both jurisdictions, but in both the proportion of private prisoners is due to rise significantly. In the US the prison population had grown to just over one million by 1991, whereas by the end of 1990 there were only 44 secure adult facilities operated by private firms in the US holding approximately 15,000 inmates. At the time of writing there are three new privately run prisons operating in England and Wales, the Wolds, Blakenhurst, and Doncaster with a capacity of up to 1,639 between them, and the refurbished Strangeways with an ultimate capacity of 971, out of a total prison population of nearly 50,000. This relative insignificance in quantitative terms should not, however, belie the importance of private prisons not only to prison policy but also more generally to public law.
The Importation of United States Free Speech Jurisprudence?*
Authors: Barendt Eric
Published: November 2023

In the recent Derbyshire libel case, perhaps the most important free speech decision in English legal history, the Court of Appeal and House of Lords relied significantly on United States' decisions. There were extensive references in the Court of Appeal judgements to the landmark ruling of the Supreme Court in New York Times v. Sullivan, while Lord Keith in the Lords (like Balcombe LI in the court below) quoted at length from a much earlier Illinois case outlawing libel actions by public authorities. The courts here have now accepted that libel actions, and their threat, exercise a 'chilling effect' on freedom of speech and of the press, a principle long recognized on the other side of the Atlantic. It is, however, premature to predict whether the law in England will follow the path trod by the US Supreme Court and outlaw, or at least discourage, libel actions by all public officials and figures.
Principles, Practice, and Criminal Justice
Authors: Ashworth Andrew
Published: November 2023

IN 1991 the Royal Commission on Criminal Justice was appointed to consider and to make recommendations on a number of issues in criminal justice. Its report, published in the summer of 1993, provided the impetus for this seminar. Already the Government has filleted the report for its purposes, adopting some recommendations straight away, putting others out for further consultation, and rejecting those that it finds politically unpalatable—notably, the recommendation that the right to silence during police questioning be preserved. Academics and practitioners are rightly involved in the here-and-now of the reform process, most obviously in raising both practical and principled objections to some of the provisions in the Criminal Justice and Public Order Bill as it passed through Parliament during 1993-94. The benefit of the seminar is to allow us to stand back from practical politics and to reflect on current approaches to criminal justice reform. The primary question is not whether the criminal justice system should be reshaped, or even how it should be re-shaped, but on what basis it should be re-shaped.
Article 10 of the European Convention on Human Rights
Authors: Pannick David
Published: November 2023

Freedom of expression can injure reputations, outrage moral sensibilities, and, in extreme circumstances, endanger lives. These may be prices worth paying for the preservation and enjoyment of this fundamental right. Nevertheless, difficult judgments have to be made as to when the right to inform, and to be informed, should give way to competing duties and responsibilities.
Emergence of a European Conception of Freedom of Speech
Authors: mahoney* Paul
Published: November 2023

The reporter’s task is presumably not simply to summarise the written papers and accompanying discussion but, if possible, to inject some added value. All three papers were essentially forward-looking, in that they were seeking to identify how the ‘law’—be it national law in the United Kingdom or European human rights law under the European Convention on Human Rights (‘ECHR’)—should be developed so as best to secure freedom of speech. The present report will try to review the problem areas that have been spotlighted and to identify any significant strands running through the papers and today’s discussion.
Contracting Under Duress
Authors: Bigwood Rick
Published: November 2023

Contracts that result from the application of unfair or improper pressure by one contracting party (D)to the other contracting party (P) are, subject to a possible defence on D’ s part,2 vulnerable to rescission at the instance of P. However, we must be specific about the kind(s) of pressure with which this chapter is concerned.
Beyond Legal Contractual Exploitation: Toward a Common Law Precept of Transactional Care
Authors: Bigwood Rick
Published: November 2023

This book has sought to understand interpersonal exploitation in connection with the formation of mural contracts. Its primary aim has been to advance a ‘ legalist’ conception of exploitation that is consistent with the liberal conception of contract as applied in the common laws of ‘ Anglian’ legal systems.
The Origins of Christianity
Authors: Brown Schuyler
Published: November 2023

Including revisions and corrections to the text, this latest revised edition investigates the foundation of Christianity, and explores the development of the essential structure through which it has influenced subsequent religious and secular history.
History and the New Testament
Authors: Brown Schuyler
Published: November 2023

Luke’s gospel comes with two introductions: Luke 1: 1-4 and 3: 1 - 2a. This has led some scholars to believe that the work first circulated without the cycle of stories about the birth of Jesus and the Baptist (Luke 1: 5-2: 52). In the second introduction, the third evangelist lists the leaders, both secular and sacred, during whose period in office ‘the word of God came to John’ (Luke 3: 2). At the head of the list is the name of the Roman emperor, Tiberius Caesar, followed by the ‘governor’, i.e. the prefect, of Judaea, Pontius Pilate (v. 1). The mention of the emperor, to whose authority Paul will appeal in the second volume of Luke’s work (Acts 25: 11), reflects the author’s conviction that the narrative which he is about to relate of ‘the things which have been accomplished among us’ (Luke 1: 1) has worldwide significance. The story of Jesus and of the early church has not taken place ‘in a comer’ (Acts 26: 26). Christianity is being presented as an historical phenomenon.
Jesus of Nazareth
Authors: Brown Schuyler
Published: November 2023

The most obvious unifying element in the New Testament writings is their common concern for Jesus Christ. It is therefore impossible to write about the origins of Christianity without including a chapter on the person to whom the earliest Christian community believed it owed its existence. Jesus of Nazareth is also the historical link between Judaism and Christianity. To be sure, it was only in the latter decades of the first century that Christians began to perceive themselves as a religious movement distinct from Judaism. Moreover, their sense of separation from the parent faith may have had as much to do with the changing ethnic composition of the community as with theological matters. Luke connects the use of the term ‘Christian’ with Antioch (Acts 1 1: 26), where missionaries from Cyprus and Cyrene ‘spoke to the Greeks also [i.e. non-Jews], preaching the Lord Jesus’ (v. 20).
To Guard and Protect
Authors: Radford Mike , Broom Donald M
Published: November 2023

Cruelty to animals pervaded eighteenth-century England; the majority of the population simply disregarded their suffering, but a significant proportion positively revelled in it. In 1798, for example, Thomas Young, a Fellow of Trinity College, Cambridge, observed that ‘the English have more cruelty to animals in their sports in general, than any of their neighbours’. The mistreatment of other species was deeply entrenched in the social fabric, and widely evidenced in daily life.
A Great Revolution
Authors: Radford Mike , Broom Donald M
Published: November 2023

‘I can entertain no doubt, after the most deliberate study and dispassionate judgment of which I am capable, that the view which most naturalists entertain, and which I formerly entertained-namely, that each species has been independently created-is erroneous’, declared Charles Darwin in his Introduction to The Origin of Species, published in 1859. ‘I am fully convinced’, he continued, ‘that species are not immutable; but that those belonging to what are called the same genera are lineal descendants of some other and generally extinct species.’ As a result, he suggested in parenthesis at the end of the book, ‘Light will be thrown on the origin of man and his history.
The Nature of Animal Welfare
Authors: Radford Mike , Broom Donald M
Published: November 2023

To cause an animal to suffer unnecessarily, or to subject it to any other treatment which amounts to an offence of cruelty, is self-evidently detrimental to its welfare. To that extent, there is a degree of affinity between cruelty and welfare, but the two are far from being synonymous: prejudicing an animal’s welfare does not of itself amount in law to cruelty. There are other important differences. An animal may or may not become the victim of cruelty during the course of its life, but every animal can be said to have a welfare, which persists for the duration of its existence.
Quality of Care
Authors: Radford Mike , Broom Donald M
Published: November 2023

Those who are knowledgeable, expert, and solicitous about the animals for which they are responsible may be expected to provide a high standard of care on their own initiative. Unfortunately, many who have charge of animals do not demonstrate these characteristics and, increasingly, legislation is being used to impose standards and specify how animals should be treated. Here again, the more recent the measure, the more detailed and demanding it tends to be, and the greater the influence of the Five Freedoms.
The Validity of the Choice of Law Clause
Authors: Nygh Peter
Published: November 2023

The previous chapter examined the conditions under which the parties to an international transaction may express a choice of law or forum. As has been shown, the conditions are set by the law of each national forum, but there is a high degree of consensus as to what those conditions should be. The next question is the efficacy and validity of the choice. Assuming that the law of the forum permits the choice and that the condition of internationality of the transaction and the requirement of a choice of a living national legal system are satisfied, and there are no reasons of public policy or mandatory law in the international sense for the forum to avoid the choice, it may still occur that the choice made by the parties fails.
Contract Splitting
Authors: Nygh Peter
Published: November 2023

The phenomenon of splitting the law applicable to contracts is often referred to as d épei çage. For the purposes of the present discussion, the use of that term is to be avoided; for d épei;age, particularly in the USA, has been used to describe a much broader category, namely: ‘the application of substantive rules from more than one legal system to control different aspects of the same transaction’.
Leonti Mroveli, The Martyrdom of Arč ‘IL, King of K‘Art‘Li
Authors: Thomson Robert W
Published: November 2023

When fifty years had passed, there came again Cicnaum, the son of Mohamedi. He ravaged and destroyed all the inhabited area of K ‘art ‘li, and advanced to attack Kaxet ‘i in order to ravage and totally depopulate it. Great fear fell on the kings, the mt ‘avaris, and all the people, and they were impotent to resist. For since the time the land had been ruined by Qru, although much time had passed in peace, yet it had not been restored to its previous condition. St Arc ‘il made the decision in the braveness of his heart that he would go and visit (Cicnaum), and would request from him peace for the land, and that he would not permit the churches to be overthrown or encourage apostasy from their religion. With trust in God he chose to sacrifice his life for the deliverance of the Christians. So he arose and went to Cicnaum, who was called Asim.56 When he learnt of his arrival, he met him in a friendly way and greeted him with much honour. They passed that day together.
Introduction
Authors: Elliott J K
Published: November 2023

Christians from the second-third centuries onwards seem to have been avid readers. Not only did they study the twenty-seven writings that later were to be collected together to form the New Testament, but they also heard and read other stories and sayings about Jesus and the founders of the church which were not in the New Testament. Many of the early stories about Jesus, his parents, and his disciples were supplemented and expanded as the church developed. Secular romances, the novels of their day, provided precedents on which the burgeoning Christian literary tradition drew. The curiosity of pious Christians about the origins of their faith was increasingly satisfied by a growing number of Gospels, Acts, and other types of literature. Much of this writing provided the popular reading matter of a significant number of believers. These second-third-century inventions may be judged as crudely sensational, magical, or superstitious. Little of this literature maintains the restrained spirituality of the earlier writings that eventually formed the New Testament. Nor do these ‘popular ‘ books match the highly intellectual theology of the church father ‘s, treatises that are contemporaneous with them. Yet these lively supplementary Gospels, Acts, Epistles, and Apocalypses testify to a vigorous folk religion which was sometimes deviant, even unorthodox, when compared to the mainstream Christianity that established itself, but which, in general, was perfectly normal and orthodox, albeit reflecting an uncritical, simple, even ascetic, faith. These writings characterized and stimulated a significant number of early Christians.
The Birth of Jesus
Authors: Elliott J K
Published: November 2023

The Christmas story in the New Testament is found only in the opening chapters of Matthew ‘s and Luke ‘s Gospels. The earliest Gospel (Mark) and the earliest writings in the New Testament (Paul ‘s letters) do not show any knowledge of the circumstances of Jesus ‘ birth. So, already within the period when the New Testament was being written (say, AD 50 to AD 100), there was a developing interest in describing the beginning of Jesus ‘ life. It was a process that continued into the second-third century, when many apocryphal legends about his nativity originated. As far as the account in Matthew is concerned, we read there that Joseph learns in a dream that his fiancee, Mary, is pregnant by the Holy Spirit. At his birth Jesus is honoured by the astrologers (magi), who disobey King Herod the Great ‘s command that they should report to him the whereabouts of the new-born Messiah. Joseph is warned in a second dream to escape with Mary and Jesus to Egypt in order to avoid the wholesale slaughter of infants (the Massacre of the Innocents) initiated by Herod. Only after Herod ‘s death does the Holy Family leave Egypt and settle in Nazareth.
The Childhood of Jesus
Authors: Elliott J K
Published: November 2023

Except for one story in Luke ‘s Gospel (the episode of Jesus in the Temple at the age of 12 in Luke 2: 41-50) the New Testament writings leave a tantalizing gap in the life of Jesus between his birth and his baptism at the beginning of the public ministry. Inevitably, the developing literary tradition, taking its cue from the childhood story in Luke, created a series of incidents that tell of events in Jesus ‘ boyhood. Their main theme is to show Jesus ‘ precocious awareness of his supernatural origin and his power over life, death, and nature. Such belief in Jesus ‘ divinity is clearly orthodox in Christian doctrine, but the often sensational manifestations of his supernatural abilities displayed in the numerous childhood stories in apocryphal Gospels tend to distort that belief. Extracts below from the second-third-century Infancy Gospel of Thomas, given under (1), have the effect of portraying the child Jesus as an enfant terrible. Modem readers are struck less by the piety underlying the stories than by the destructiveness of many of Jesus ‘ actions. Such a negative theme may be paralleled in the New Testament story of Jesus ‘ blasting the fig-tree (Mark 11: 12-14, 20-4), but the recurrence of the theme makes it the dominant feature of the Infancy Gospel of Thomas, as well as other apocryphal texts, such as the Gospel of Pseudo-Matthew. Several of the stories in the Infancy Gospel of Thomas are reproduced below. Among them we read the episode of the schoolteacher, which was a particularly popular theme that recurs in different places.
Pilate
Authors: Elliott J K
Published: November 2023

Visitors to Lucerne in Switzerland may wonder why one of the nearby mountains is Mount Pilatus. The reason is that Pontius Pilate is said to be buried under it, according to an apocryphal text. Pilate is a New Testament character whose role in the trial of Jesus and whose subsequent career figure extensively in the apocryphal literature. Reasons for this interest in the Roman governor ‘s place in the Jesus story are not hard to find. The same motives lie behind the earlier, New Testament, interest in him. Crucifixion was known as a distinctively Roman form of capital punishment. In any telling of Jesus ‘ story his manner of death could not be avoided, and, as it was a death by crucifixion, Roman involvement at some stage in the judicial process had to be explained. Hence all the New Testament accounts tell how Pontius Pilate, the Procurator of Judaea, was the Roman official who passed the death sentence on Jesus. If one reads those accounts in the likeliest chronological sequence, first Mark, then Matthew, Luke, and finally John, one can discern a developing tradition regarding Pilate. The evangelists ‘ differing emphases reflect the early church ‘s sensitivity in handling Pilate ‘s involvement in the trial of Jesus at a time when a growing number of converts to Christianity were coming from a non-Jewish background, when the church was spreading throughout the Empire, and when Christianity was becoming increasingly dependent on the goodwill of the Roman authorities. Basically, the evangelists were embarrassed or reluctant to blame Pilate for the death of Jesus.
John
Authors: Elliott J K
Published: November 2023

The John of the stories in this chapter is the son of Zebedee, one of the inner core of Jesus ‘ twelve disciples, the other two being John ‘s brother, James, and Simon Peter. The New Testament has John present at some of the most poignant moments in Jesus ‘ ministry, the raising of Jairus ‘ daughter (Mark 5: 37), the Transfiguration (Mark 9: 2-8), and the agony in the Garden of Gethsemane (Mark 14: 33). From the second century onwards he has been commonly accepted as the author of the Fourth Gospel (the Gospel of John) and identified as the anonymous ‘beloved disciple ‘ who appears several times in that Gospel. If this is a correct identification, then it is John to whom Jesus entrusts his mother at his death. For that reason, the figures at the foot of Jesus ‘ cross on rood screens in churches, and in other representations of the death of Jesus, are named as John, and the Virgin Mary. Some modem scholars accept that this John is the author of the first, if not all three, of the letters of John in the New Testament. Tradition also has this same John the author of the Book of Revelation-the John of Patmos-but many critical problems make such an identification unlikely. In the rest of the New Testament John appears in the Acts of the Apostles as a companion of Peter in Jerusalem; and Paul in his Epistle to the Galatians 2 knows John as one of the pillars of the church. Beyond the New Testament it is to the Acts of John that we tum for many of the later traditions about this apostle. The remains of the ancient Acts of John, which dates from the second century, have had to be reconstructed from several later sources, as is the case with most of the other apocryphal Acts.
Andrew
Authors: Elliott J K
Published: November 2023

Andrew, the brother of Simon Peter and one of Jesus ‘ twelve disciples, is named as a participant in a couple of New Testament narratives. He is a spokesman in the Feeding of the Five Thousand (John 6: 8) and in the episode in John 12: 20-2 when some Greeks wish to meet Jesus. But he is not one of the prominent disciples, nor does he figure in the stories in the Acts of the Apostles. But in the Christian literature of the following centuries legends about his exploits became popular. Of the five major apocryphal Acts the Acts of Andrew is the one whose original contents are most widely dispersed in later documents. Much of the original story has, however, been lost. The famous sixth-century bishop and historian, Gregory of Tours, produced an abstract of the Acts of Andrew from which he claims to have eliminated tedious speeches. Gregory ‘s Epitome, concentrating on the miracles of Andrew, has survived and it gives a useful guide to the scale and contents of the original Acts of Andrew. We are, however, not dependent entirely on Gregory ‘s later, censored, version of the second-century original. Some manuscripts, of varying dates, have enabled scholars to reconstruct at least parts of the earlier, original, Acts.
Khamr, Nasīb, and Ghazal
Authors: Kennedy Philip F
Published: November 2023

It is against this background that this chapter will demonstrate an important characteristic of AbūNuwās in the celebration of wine: the fusion of elements of nasīb and ghazal into single poems of a composite but cohesive texture. This itself breaks down into two features: (i) the contrast of emotions, and (ii) the narrative focal point of seduction. Both features impart to his poems a tighter structure than is discernible in either his predecessors or contemporaries. In the extent of his achievement he is unique, and can be seen to synthesize possibilities in pre-existing poetry.
Hij ā’, the Bacchic Naq ā’icj,, and the Rhetorical Wine Poem
Authors: Kennedy Philip F
Published: November 2023

Within the broad possibilities of generic transformation already demonstrated in various ways in Chapter r, it remains for us to examine a development of hij ā’, from the J āhiliyya to the early ‘Abbasid period. Elements of lampoon, argument, and discourse in Ab ū Nuw ās’ wine poetry constitute, in part, a development from what may be termed the naq ā’ir.j, al-khamr of the Umayyad period.
The Compatibility of Industrial and Competition Policy: The Case of Telecommunications
Authors: Sauter Wolf
Published: November 2023

After almost three decades of stagnation, the telecommunications policy of the European Community has seen a dramatic expansion over the past years. EC telecommunications policy has aimed at joint liberalisation of the industry and harmonisation of the regulatory framework. First, the use of the Commission’s competition policy powers has been instrumental in forcing liberalisation and deregulation at the national level. As a result, public ownership and monopoly are making way for privatisation and competition. Second, the Community has pursued a programme of harmonisation of national legislation, which aims to enable competition to unfold, and has introduced regulations to replace state ownership as a means of protecting the public interest.
Provisional and Protective Measures in International Litigation
Authors: Collins Lawrence
Published: November 2023

This is the text of a series of lectures delivered at the Hague Academy of International Law in 1991. The lectures were delivered in that part of the programme of the Academy which is primarily devoted to private international law. But the lectures are not limited to that field, particularly because research into related problems in public international law and European law revealed some interesting parallels.
The Difference That Rules Make
Authors: Shapiro1 Scott j.
Published: November 2023

Not every time we act on a general view about what ought to be done are we being guided by a rule. Consider Jim, who hates alcohol so much that he knows never to order it when in a bar. By acting on this general judgment, Jim is not thereby following an abstention rule; he has no need for such a rule, given his natural aversion. We might say that as a rule, Jim does not drink. But this simply means that Jim does not usually drink alcohol, which is not the same as saying that he is being guided by a rule to that effect. John, on the other hand, is a recovering alcoholic and has committed himself not to drink alcohol ever again. In such a case, it makes sense to talk of rule-guidance.
Positivism Through Thick and Thin
Authors: 1 Frederick Schauer
Published: November 2023

Jurisprudential and philosophical theories are often characterized as strong or weak, simple or complex, robust or sparse, broad or narrow, thick or thin. And as might be expected, it is usually the larger member of the pair that is taken by the theorist as preferable. Strong is better than weak, complex is better than simple, thick is better than thin.
Is Coleman Hobbes or Hume (or Perhaps Locke)?
Authors: Waldron Jeremy
Published: November 2023

The early chapters of Jules Coleman’s book, Risks and Wrongs1 are devoted to a general discussion of the market paradigm lying at the heart of the Law and Economics movement. The market paradigm presents economic competition as the basic or primal form of human interaction, and holds that cooperative interaction—that is, social decision-making through political processes yielding legal rules—is necessary only in circumstances where market competition fails.
The Distributive Turn: Mischief, Misfortune and Tort Law
Authors: Perry Stephen r.
Published: November 2023

Jules Coleman has, over the last twenty-five years or so, produced one of the most interesting and important bodies of work in the field of tort theory. Indeed the emergence of this field as a recognized and respectable subject of study in its own right is due in no small part to Coleman’s efforts. He is best known, of course, as a key figure in the development of modern theories of corrective justice. But he has also been one of the most lucid and sympathetic expositors of the economic analysis of tort law, not to mention one of that approach’s most incisive critics. Coleman’s work, in short, has had a powerful and pervasive influence on all aspects of con¬ temporary theorizing about tort law. It has also been one of the strongest influences on my own thinking on the subject.
Of Aristotle and Ice Cream Cones: Reflections on Jules Coleman’s Theory of Corrective Justice
Authors: Kramer Matthew H
Published: November 2023

In a number of well-known writings over the course of two decades, Jules Coleman has developed an important theory of corrective justice. Although there has been a good deal of overlapping and repetition among those writings, there have also occurred some major shifts in Coleman’s positions. One of the aims of the present essay is to determine whether the transformations in Coleman’s thinking have been entirely salutary.
Contract, Marriage and Background Rules
Authors: Fineman Martha Albertson
Published: November 2023

One complaint about mainstream treatments of law often made by feminist legal theorists is that much theoretical work fails to take into account institutions of intimacy such as the family. Discussions focusing on the market, for example, typically treat the family as separate, governed by an independent set of expectations and rules. The family may be viewed as a unit of consumption, even as a unit of production, but it is analytically detachable from the essential structure of the market. Jurisprudential work, reflecting on theories of justice, autonomy and constructing the individual, assume the availability and competency of the family as the societal institution that takes care of dependency. Even many feminist works often proceed with the assumption that the family can be easily manipulated and transformed so as to serve the interests of gender equality.
Choice, White Supremacy, and Coleman: Philosophy of Economics, Race, and the Law
Authors: Culp Jerome Mccristal
Published: November 2023

I started my legal education, after completing the course work for a Ph.D. in economics, before the surge in the 1980s and 1990s toward that Janus¬ faced concoction that Law and Economics has become. As a law student, and then subsequently as a law professor, I was aided by the clear and concise prose of Professor Jules Coleman on the assumptions that underlie the theoretical prescriptions of Law and Economics.
The Meaning of the Verbal Aspects in New Testament Greek
Authors: Fanning Buist M
Published: November 2023

In the previous chapter verbal aspect in Greek as a general category was discussed and defined. In this chapter the particular aspects of NT Greek will be examined to define the meaning which they communicate. There is no presumption that all of the forms to be covered here are in fact ‘aspects’ in the sense described in the first chapter; instead what will be done is to study the meaning of all of the forms sometimes labelled 'aspects' in NT grammar, to see whether they are 'viewpoint' aspects or some combination of aspect, Aktionsart, tense, and so forth. The purpose of this chapter is to examine the verbal forms in NT Greek which are labelled 'aspects', in order to define their individual meanings and relationships to each other.
The Aspects In The Other Non-Indicative Forms of The Verb
Authors: Fanning Buist M
Published: November 2023

The purpose of this chapter is to describe the meanings which the aspects display in the large number of non-indicative forms not covered in the preceding chapter on commands and prohibitions. This will include aspect-usage in the participle, infinitive, optative, and subjunctive (excluding uses in direct and indirect commands, treated in Chapter 5).
The Aristotelian Background
Authors: Westberg Daniel
Published: November 2023

Practical reasoning is practical because it leads to action. This rests on the belief that there is a causal connection between mind and action; that intentions and teasons are directly linked to behaviour: ‘Reasons are the corner-stone of all explanation of human actions, indeed of the very notion of human action itself.’
Thomistic Practical Reason
Authors: Westberg Daniel
Published: November 2023

Thomas Aquinas consciously appropriated much of Aristotle’s philosophy not only for his own system of metaphysics, logic, and epistemology, but also for his ethics. The teaching of Aristotle in the Nicomachean Ethics, very influential in the early thirteenth century generally, formed the basic ideas and structure of Thomas’s thinking right from his period of study with Albert the Great.
Liberum Arbitrium, Principle of Action
Authors: Westberg Daniel
Published: November 2023

When the focus of the Summa Theologiae shifts from God and creation to human morality, the link Aquinas offers is that God is the exemplar of the human, that human beings are constituted in the image of God. The essence of this image is stated clearly in the prologue: ‘a human being is the principle of his own actions, having as it were liberum arbitrium and power over his own acts.’ Mastery over actions comes through both reason and will, and thus liberum arbitrium (which distinguishes human action from that of irrational animals) is said to be a power both of the will and of reason.