bluuebunny/crossref_metadata_2025 huggingface dataset:
A Deviant Narrative: John Banville’s Book of Evidence
Authors: Worthington Kim L
Published: November 2023

If texts (and selves understood as texts) are to remain readable, and, for that matter, if their novelty, deviation, or revolutionary intentions are to be understood and function as significant, potentially revisionary acts, they must conform to certain intersubjective requirements of referentiality and expectation which make possible the communication of their meaning and the value of their challenging intentions. To make the radical assertion that, in order to evade appropriation, one must wholly abandon oneself or one’s text to the exile of what I have called excommunication is clearly untenable. As Jacques Derrida writes (in one of his softline statements) in Of Grammatology, rebellious acts or narratives cannot’destroy structures from the outside. They are not possible and effective, nor can they take accurate aim except by inhabiting those structures.’1 Yet the freedom promoted by some contemporary theorists (often citing Derrida’s more hardline pronouncements) rests on precisely this fallacious fiction of heroic exile or self-erasure.
Open Fields: Science in Cultural Encounter
Authors: Beer Gillian
Published: November 2023

Science always raises more questions than it can contain. These challenging essays explore how ideas are transformed as they come under the stress of unforeseen readers. Using a wealth of material from diverse nineteenth- and twentieth- century writing Gillian Beer tracks encounters between science, literature, and other forms of emotional experience. Her analysis discloses issues of chance, gender, nation, and desire. A substantial group of essays centres on Darwin and the incentives of his thinking, from language theory to his encounters with Fuegians. Other essays include Hardy, Helmholtz, Hopkins, Clerk Maxwell, and Woolf. The collection throws a different light on Victorian experience and the rise of modernism, and engages with current controversies about the place of science in culture.
Speaking for the Others: Relativism and Authority in Victorian Anthropological Literature
Authors: Beer Gillian
Published: November 2023

When the Frazer lectureship was founded in 1921 A. E. Housman composed an address to Sir James Frazer in which he compared The Golden Bough to a banyan—instead of a single magical branch of parasitic mistletoe it is an exotic tree whose branches drop down new roots.
Jansons Duplicity: The Catholic Years
Authors: Donaldson Ian
Published: November 2023

Jonson here imagines a juridical system that is as pliable as the criminal energies it seemingly attempts to contain, turning and re turning as occasion and advantage offer. The lawyer’s readiness to take bribes from any source is benignly regarded as another proof of the legendary even-handedness of the law, and his ability to argue for opposing causes is admired as a form of rhetorical virtuosity and personal abasement: ‘these men,/ He knew, would thrive, with their humilitie’. Two of Jonson’s epigrams darkly celebrate similar skills in a lawyer named Cheverel. The skin of the cheverel or kid makes the softest and most malleable of gloves, that can be turned inside out in a moment: as can the lawyer.
Jonson, Shakespeare, and the Destruction of the Book
Authors: Donaldson Ian
Published: November 2023

One of the astonishing aspects of Shakespeare’s genius, so eighteenth-century readers believed, was his seeming indifference to the world of books. Shakespeare was the supreme example of the untutored artist, whose work sprang directly from his observation of nature and humankind, and from the inner recesses of the heart. ‘Perhaps he was as learned as his dramatic province required’, wrote Edward Young in his Conjectures on Original Composition in 1759, for

Johnson, in the serious drama, is as much an imitator, as Shakespeare is an original. He was very learned, as Sampson was very strong, to his own hurt: Blind to the nature of tragedy, he pulled down all antiquity on his head, and buried himself under it; we see nothing of Johnson, nor indeed, of his admired (but also murdered) antients; for what shone in the historian is a cloud on the poet; and Cataline might have been a good play, if Salust had never writ
Living on Writing
Authors: Sage Lorna
Published: November 2023

Book-chat (Gore Vidal’s phrase) always gives writing a character. In Grub Street people’s distinguishing marks are important, and for reviewers authors are first and last people who write. Many novelists and poets are book-reviewers themselves, or have jobs with publishers, or on the literary pages. Regular reviewers of new novels (or plays or poems, but I speak from experience only of fiction) are part of the daily life of letters, they write on the run, in the present tense, they have to live writing—read (say) ten new novels every fortnight and write about two or three of them—in order even partly to live on it.
Furtivos (Boran, I975): My Mother, my Lover
Authors: Evans Peter William
Published: November 2023

Furtivos (1975), with its dark narrative about matricide following a son’s discovery of his wife’s murder by his own mother, is a major landmark of Spanish film history.1 Its nightmarish odyssey into the furtive desires of inwardly damaged slaves of a culture in crisis follows an almost Dantesque pattern of personal and public torment. In its desire to shock the audience into awareness of its own complicity in barbarism the film recalls the Buñuel of Un chien andalou (1928) and the Hitchcock of Psycho (1960). One of a cluster of hard-hitting films (including Cria cuervos, 1975, and Camada negra, 1977) that appeared around the time of Francoism’s timely farewell, it met with both critical and commercial success.
Morton Feldman’s Neither: A Musical Translation of Beckett’s Text
Authors: Laws Catherine
Published: November 2023

Many composers have been attracted to Beckett’s work. Traditionally, there have always been two alternatives for word-setting: either the composer aims to serve the words’ own meaning and construction, in the belief that the music may underline particular dimensions of the text, or else the composer asserts the right to create an entirely different work, recasting the textual rhythms in line with the new context and respecting the original solely from the point of view of its relevance to the composition.
Was there a Renaissance in Music?
Authors: Owens Jessie Ann
Published: November 2023

Few musicologists have challenged the notion that a ‘Renaissance’ occurred in music.1 Most use the term to denote a music historical period from about 1430 to 1600, although there is considerable dis agreement about the precise temporal boundaries. I suspect that its use persists in part because there are obvious benefits to such period designations. ‘Renaissance’ can serve, for example, as a kind of short-hand designation in college music history survey courses or in the academic marketplace, as part of a job description, or as a way of organizing paper sessions at scholarly meetings. But surely the main reason why it continues to be used is the sense that there was something new (at whatever point might be chosen as the beginning boundary), some break from the past.
Directors, Creditors, and Shareholders
Authors: Prentice D D
Published: November 2023

It is a generally accepted principle of company law that directors owe their duties to the company and not to the company’s creditors or to its shareholders: ‘no fiduciary duty is owed by a director to individual members of his company, but only to the company itself, and a fortiori ... none is owed to a person who is not a member’.1 It is important to appreciate what this means and what it does not mean. It does not mean that the interests of shareholders or creditors can be ignored-what it entails is that there is no ‘free-standing’ duty owed by directors because of their status to creditors or to shareholders entitling the latter to sue the directors directly without some involvement on the part of the company. Neither does it entail that the duties which directors owe to the company may not embrace the interests of either the shareholders or the creditors for, as will be seen, in certain circumstances the ‘interests of the company’ (that most protean of concepts) can embrace the interests of the creditors or the shareholders.
Asset Protection For Multinational Corporations
Authors: Wiggin Harry
Published: November 2023

Individual and corporate investors throughout the world have, in recent years, become increasingly aware of the potential adverse commercial consequences of political and economic instability. This is especially so at the present time. The risks have, of course, been apparent since the advent of international trade. Indeed, as early as the Magna Carta in 1215, a principle similar to that enshrined in more recent Trading with the Enemy legislation was recognized, namely that the property in Britain of subjects of an enemy government could be attached until and unless it was established that their country recognized the property rights of aliens. However, down the centuries, and especially in the eighteenth and nineteenth centuries, numerous international treaties were entered into with the object of protecting the sanctity of private property; it was not until the American Civil War that Trading with the Enemy legislation as we now know it came into its own.
The Adaptation of the Asset Protection Trust for Use by the Multinational Corporation: The American Perspective
Authors: Schoenblum Jeffrey
Published: November 2023

During major international conflagrations and internal political disruptions in the past, corporate and individual capital has sought refuge in the United States and, to a lesser extent, the offshore Caribbean Islands. The conditions that have fostered the flight of capital to these jurisdictions persist and, thus, there is a continuing demand for fail-safe mechanisms for the preservation of the assets of corporations operating around the world. The common law trust has been regarded by some as an instrumentality that is capable of assuring the protection of such capital, while preserving flexibility of management and perpetuating corporate control, even though the corporation itself may be under siege. A careful analysis suggests, however, that there needs to be far more evolution in the law and focus on the underlying problem before one can truly claim this new role for the trust. Presently, the asset protection trust may actually be less appealing in many situations than the alternative of inaction or reliance upon certain other protective devices discussed in Chapter 10.
Ethnicity, Law and Human Rights
Authors: Poulter Sebastian
Published: November 2023

Recent world events have demonstrated anew that a majority of modern states do not reflect single nations, rather they are ethnically heterogeneous in character and possess profound religious, linguistic, and cultural divisions. This book from the acknowledged expert in the field is the first in-depth analysis of the interaction between the cultural traditions of Britain's ethnic minorities and English law. It explores the policies and principles which should govern the response of English law to ethnic diversity and tests them by reference to six detailed and illuminating case studies exploring specific issues of major cultural concern to a particular minority community, from the wearing of turbans to cannabis consumption. The continuing global upsurge in novel assertions of ethnicity and the book's many references to human rights law, as well as to other legal systems, make for a timely analysis set in a broad international context. The book will be of particular interest to scholars of civil liberties and human rights law, those interested in ethnic studies, and to race relations professionals.
Introduction
Authors: Poulter Sebastian
Published: November 2023

People have been coming to settle in Britain for centuries. They have come from near and far, individually and in groups, fleeing from political or religious persecution and in search of economic advancement. Among the many groups of immigrants who entered this country between 1400 and 1900 mention may be made of the arrival of wandering bands of gypsies during the fifteenth century, the importation of African slaves and servants from the sixteenth century onwards, the influx of Huguenot refugees from France during the sixteenth and seventeenth centuries, and the re-admission of Jews in the middle of the seventeenth century for the first time since the banishment imposed upon them by Edward I in 1290.
Institutional Investors In The United Kingdom
Authors: Davies Paul L
Published: November 2023

The purpose of this paper is to assess the role currently and potentially performed by institutional investors in the United Kingdom. In some ways this is part of a very old debate concerning the separation of ownership and control in large companies in the UK. However, the growth of institutional shareholdings does give that old debate a new twist. In the past discussion has revolved around the question of what the significance of that separation was for the governance of companies, whereas the growth of institutional shareholding has raised the question of whether we need to contemplate a future in which separation will continue to be a significant feature of the corporate scene. Of course, the two aspects are intimately linked: whether one welcomes the prospect of ending the separation must be influenced by one’s view of the consequences of the divorce of ownership and control.
Takeovers Versus Institutions In Corporate Governance In Germany
Authors: Baums* Theodor
Published: November 2023

The corporate governance systems in the UK and in Germany differ markedly. German large firms have a two-board structure, they are subject to employee co-determination, their managements are not confronted with public hostile takeover bids, and banks play a major role in corporate governance, through equity stakes, proxies given to them by small investors, and bankers’ positions on the supervisory boards of these firms. One of the main issues of corporate governance in large firms, the problem of shareholders’ passivity in monitoring management in Berle-Means-type corporations, is thus addressed by an institutional provision, the role of the banks, rather than by a market-oriented solution as we find it in the UK, with its ‘market for corporate control’ through the threat of hostile takeovers. .
An Overview of Recent Developments and Future Prospects in the United Kingdom
Authors: Segal* Nick
Published: November 2023

The last decade has seen great strides in the development of insolvency law in England and the United Kingdom generally. This period has seen the adoption of a new legislative framework, much new case law, and the development of the conceptual aspects and jurisprudence of the subject, all fuelled, at least latterly, by a deep and prolonged recession. The United Kingdom has not been alone in coming to terms with insolvency law reform. Key common law jurisdictions such as Canada and Australia have recently passed major new statutes amending their insolvency law. Even the USA is considering further amendments to its Code.1 Furthermore, a number of Continental European jurisdictions have undertaken insolvency law reform in recent years. The Netherlands and Germany are examples.
Philosophies of Business Bankruptcy Law: An International Overview
Authors: Flessner* Axel
Published: November 2023

Bankruptcy procedure is a drastic remedy: at the outset the debtor will be dispossessed or be placed under supervision, and the creditors will be denied their right to enforce their claims. At the end of the procedure there may be expropriation: of the debtor through the liquidation of his assets, and of the creditors through the extinction or reduction of their claims or through conversion of their claims to shares in the debtor company or other lower ranking entitlements. It seems natural then that from time to time we should explore the reasons that justify such drastic treatment of private (and very often simply unfortunate) debtors and creditors.
A Systems Approach to Comparing US and Canadian Reorganization of Financially Distressed Companies
Authors: Lopucki* Lynn M , Triantis** George G
Published: November 2023

In this chapter we compare the systems for court supervised reorganization of financially distressed companies in Canada and in the United States.1 Though Canada shares a common language and heritage with the United States, it has rejected many legal doctrines thought to be fundamental to the operation of the US system of bankruptcy reorganization, such as cram down, the estate, the debtor in possession, and the debtor’s option to assume or reject executory contracts. We expected that such differences in doctrine would be reflected in differences in the manner in which the systems in the two countries functioned. Instead, we found striking similarities in function.
Conflict of Laws Issues in International Insolvencies
Authors: Westbrook Jay Lawrence , Trautmant Donald T
Published: November 2023

Our analysis in this paper rests on two fundamental premisses: (a) that a set of international choice of law rules in insolvency matters should not be constructed in isolation, but as part of a larger system in which nations cooperate in the interests of predictability and fairness; and (b) conversely, that choice of law is central to any such cooperative system. It follows that we must begin a discussion of the choice of law problem in international insolvency by placing it in context. To do so, it is necessary to describe the traditional structure of the problem and then to explain the rather different distinctions that modern analysis suggests. We will focus primarily on liquidation, for its own sake and as a backdrop to reorganization. Among the various types of choice of law issues, we will focus primarily on the adjudication of property rights.
Some Comments on Harmonization of Jurisdictional and Recognitional Rules
Authors: Broude Richard F
Published: November 2023

There is a clear need to improve the way problems arising out of cross border insolvencies and simultaneous insolvency proceedings in more than one country involving the same debtor are resolved. Experience in these types of cases over the past three or four years (the most highly publicized examples being Maxwell, Olympia & York, and BCCI) has demonstrated the need for more efficient and less expensive ways of solving the problems caused by a multiplicity of proceedings.
Economic Growth and Protection of the Environment: The Impact of International Law and Policy
Authors: Boyle Alan
Published: November 2023

The United Nations Conference on Environment and Development (UNCED) held at Rio in 1992 focused international attention on the adoption of global policies whose explicit purpose was to reconcile economic development with environmental protection. In the Rio Declaration on Environment and Development, and in a programme of action known as Agenda 21, the Conference endorsed principles and policies with important implications for the future development of international and national environmental law. These include the notions that development must be sustainable, that the polluter should bear the cost of pollution, that individuals should have access to effective redress, that environmental measures should not arbitrarily or unjustifiably restrict international trade, and that environmental measures addressing transboundary or global environmental problems should as far as possible be based on an international consensus.
Anti-Dumping and Anti-Trust Issues in Free-trade Areas
Authors: Marceau Gabrielle
Published: November 2023

In this book the legitimacy of anti-dumping measures in free trade areas is discussed. Economists argue that, generally, anti-dumping actions restrict and distort competition. In political terms, anti-dumping measures are biased in favour of a privileged interest group: the producers. Legally, they infringe the obligation of National Treatment contained in the GATT and NAFTA. Within regional groupings they contradict the guidelines of Article XXIV(8) (b) of the GATT. At the same time, anti-dumping measures are an exclusive exercise of sovereignty and would seem to protect statehood and arguably other national interests of any importing state. The traditional alternative for anti-dumping actions has always been argued to be the application of domestic legislation against predation and price discrimination. It is suggested that this solution is inappropriate or at least incomplete. Many abuses, other than predation, can be exercised in transnational market: transnational vertical restraints such as tying, refusal to deal, restrictions on patents, trade marks and copyrights may all facilitate dumping. Indeed, in an international forum, what constitute market power and abusive conduct differ from what would otherwise be acceptable in a domestic market. Security and other national policies ought to be weighted against efficiency considerations. In this context, the European framework of analysis, where variables additional to efficiency are balanced in competition assessments, provides a good model for such an international code of competition. Indeed, within a regional economic grouping, interests may be different. Anti-dumping laws may be phased out if states are willing to see national distinction phasing out as well. It is argued in this book that NAFTA can constitute a laboratory for needed discussion on an international code of conduct of firms and governments. It will then be suggested that anti-dumping actions could be phased out within NAFTA only if a comprehensive system of competition laws were to be enforceable against any transnational restrictive business practice. But for all states to agree on such legislation, they must have reached parallel.
Child Soldiers
Authors: Cohn Ilene , Goodwin-Gill Guy S
Published: November 2023

1994 is the International Year of the Family, and debates about the rights of the child are once again at the top of the national and international legal and political agenda. Yet in places of armed conflict all over the world tens of thousands of children are recruited to fight in bloody conflicts, and their rights are systematically ignored and abused. In this path-breaking study, Professor Goodwin-Gill and Dr Cohn assess the status of the Child Soldier in international law and highlight the ways in which international humanitarian law fails to provide effective protection, particularly in the internal conflicts which are the most common battlefields today. Based upon empirical data gathered from places of conflict all over the world, the authors examine the consequences for child soldiers, their families and community of their participation in armed conflict. They conclude their study with practical suggestions for preventing recruitment, and call for a more coherent policy of treatment for those children who have participated in acts of violence. This report, on behalf of the Henri Dunant Institute, in Geneva, is a timely and much-needed contribution to a growing debate about the role of children in armed conflict.
Great Britain
Authors: Beaumont Paul
Published: November 2023

This chapter examines the recent case law on forum non conveniens in England, but first of all examines its origins in Scotland. It is arguably one of the Scottish legal system’s most successful exports. It was originally referred to in Scotland as forum non competens, but in the latter half of the nineteenth century the modern wording was adopted, as it better reflected the true nature of the plea. It is today a plea of general application in Scotland and England except where its application is inconsistent with the Brussels and Lugano Conventions.

The meaning of the plea has not always been free from doubt. Some authority supports a very restricted scope for forum non conveniens whereby the Scottish courts would sist (stay) the proceedings only if an ‘unfair disadvantage’ or a ‘real unfairness’ would result for the defender if the action were held there.
Professional Competition and the Social Construction of Transnational Regulatory Expertise
Authors: Dezalay Yves
Published: November 2023

One of the paradoxes of the scholarly discourse on law and regulation is that it is essentially addressed to professionals, although it behaves as if these professionals did not exist; or, more precisely, as if they did not intervene actively in the legal game on the basis of strategic choices determined by their specific interests as much as by the interests of those whom they represent. The ‘depersonalization’ of this discourse may help law’s social credibility. In any case, it means that those who produce it need not ask themselves how far this knowledge is determined by its markets and its conditions of production. But this blindness also prevents them from analysing what is happening in the domain of regulation of economic activity to facilitate internationalization, since these transformations are taking place precisely at the intersection between the field of professional practices and that of the scholarly debates and conflicts which are the process of redefinition of the law and of the position of lawyers (or other experts) in the relations of power.
Primary Establishment and Mutual Recognition of Companies
Authors: Edwards Vanessa
Published: November 2023

A natural person exercises his right of primary establishment under Article 52 by removing himself from one Member State and establishing himself in another. The equivalent procedure for a company consists in the removal of its seat from one Member State to another while retaining the links giving it corporate nationality of the first Member State, normally by virtue of the fact of incorporation and retention of registered office there.1 For a number of reasons, it is rare in practice for a company to wish to do this. As indicated above, the State of incorporation may, because it applies the real seat theory of corporate nationality, require the dissolution and consequent loss of legal personality of a company wishing to relocate in such a way; the host State may similarly refuse to recognize the foreign company as a properly constituted corporate entity unless it is wound up and reconstituted as a local company. The effect of this refusal to recognize the corporate status of the company may be, as in Germany, that the shareholders incur personal liability for the company’s debts, that the company will be treated for tax purposes as a partnership and taxed accordingly, and that the company will be unable to enter into contracts, own property or bring legal proceedings in its own right.
Labour Law as Market Regulation: the Economic Foundations of European Social Policy
Authors: Deakin Simon
Published: November 2023

The principal influence over European Community social policy has been, and remains, the economic goal of market integration. Even the apparently fundamental social right to equal pay in Article 119 of the EC Treaty owes its existence to concerns over unfair competition. The Ohlin Report of ILO experts cited sex discrimination as one of the few instances in which transnational labour standards would be needed to deal with a distortion of competition arising from the liberalization of trade; without some degree of harmonization, it was feared that low-cost producers located in States lacking effective laws on equal pay would enjoy an ‘economically unsound’ advantage. But the ILO experts rejected arguments for a more general programme of harmonization of labour and social security law.
Prospectus
Authors: Bigwood Rick
Published: November 2023

More often than not, those who enlist the exploitation concept for legal operational purposes assume the answers to these questions, rather than supply them. Too often, uses of exploitation less explain than presuppose the conception applicable. This is especially unsatisfactory when the concept is, as it typically is, invoked in a legal justificatory way.
Unnecessary Suffering
Authors: Radford Mike , Broom Donald M
Published: November 2023

‘Now it is important to settle in one’s mind, so far as it can be settled, clearly what is cruelty’, asserted Lord Coleridge CJ in the leading case of Ford vWiley. ‘The mere infliction of pain, even if extreme pain, is manifestly not by itself sufficient’, he suggested, not least because pain may be caused ‘for reasons of beneficence, as in surgery or medicine’. It was, said the judge, lawful to inflict pain if it was ‘reason ably necessary’, a proposition which he recognized demands ‘consideration of what “necessary” and “necessity” mean in this regard’.
Leonti Mroveli,History of the Kings of K ‘Art ‘Li
Authors: Thomson Robert W
Published: November 2023

Let us recall that for the Armenians and Georgians, and Ranians and Movkanians, and Heranians and Leks, and Caucasians and Egerians1 there was a single father called T ‘orgom, son of T ‘iras, son of Gamer,2 son of Yabet ‘, [8] son of Noah; he was a man valiant and gigantic.3 Now at the destruction4 of the tower and division of tongues, when mankind was scattered over First let us recall that for the Armenians and Georgians, Ranians and Movkanians, Hers and Leks, Megrelians and Caucasians, there was a single father named T ‘argamos. This T ‘argamos was the son of T ‘arsi, grandson of Iap ‘et ‘, son of Noah. Now this T ‘argamos was a giant.
Leonti Mroveli, The Conversion of K ‘Art ‘Li By Nino
Authors: Thomson Robert W
Published: November 2023

At that time the blessed Nune, mother of the Georgians,86 came to Mc ‘xet ‘a. After she had been there for three months,87 the Georgian queen Solomi asked her whence she was. Nune said to her: ‘Hear my tale from the beginning. ‘
The Apocryphal Jesus
Authors: Elliott J K
Published: November 2023

Jesus' birth in a cave, his childhood, escapades, his secret sayings, and his descent to the underworld; the torments in Hell; Saint Paul baptizing a lion; the death of Pontius Pilate and Saint Peter being crucified upside down. These are among the fascinating stories found in this present selection. They all come from early Christian legends which did not get into the Bible, yet have had a profound influence on art, literature, and theology from the second century through the Middle Ages and even modern times. Some of the stories included here, especially those involoving the Virgin Mary, have affected matters of doctrine; others have influenced the church's teaching on the after life - whilst from the apocryphal Acts there are some of the best examples of accounts of the lives of Christianity's earliest saints. In this book Dr Elliott provides introductions to each of the most important and significant of these remarkable and often bizarre apocryphal texts.
Peter
Authors: Elliott J K
Published: November 2023

In the New Testament Peter, the Galilean fisherman, is the most prominent of Jesus ‘ followers. He is among the first of the disciples called by Jesus; he is frequently the spokesman and leader of the twelve disciples; he is prominent throughout Jesus ‘ ministry and an active participant in many of the most significant and well-known events. His confession at Caesarea Philippi in Matthew 16: 16 that Jesus is the Messiah earns him the promise that he is the rock on whom Jesus will found his church. (The claim of the Papacy rests on an interpretation of these words.) Peter ‘s threefold denial of Christ at the time of the trial is also famous. In the Resurrection stories Peter is said in the Gospels to have been granted a personal appearance of the risen Christ. In the Acts of the Apostles Peter is the leader of the Jerusalem church; the first half of that book is largely devoted to the travels, teachings, and miracles of Peter. His prominence as a pillar of the church is also clear in Paul ‘s writings. Two New Testament letters bear his name. Several second-century works also attribute their authorship to Peter, including the apocryphal Preaching of Peter. It is not surprising to find that many legends and traditions gathered around the name of Peter, the largest collection of them outside the Bible being in the second-century Acts of Peter. This apocryphal work is not available in its entirety but sufficient from it survives to enable scholars to reconstruct at least part of the original.
The Wine Song in Classical Arabic Poetry
Authors: Kennedy Philip F
Published: November 2023

The classical period of Arab civilization produced the most extensive and highly developed bacchic tradition in world literature, In this book, the author traces the history of classical Arabic wine poetry from its origins in sixth century Arabia to its heyday in Baghdad at the turn of the ninth century. The focus is on the greatest and perhaps most likeable of Arabic poets, Abú Nuwás. Although wine poetry is only one of the many genres for which he is known, it is the one that has ensured his fame, and the one on which this book concentrates. The wine songs of the poet are analysed and their connections with poetics, ethics, and religion are explored. The author also puts Abú Nuwás in perspective by comparing him with his most important predecessors and contemporaries and by discussing his interaction with other poetic genres such as amatory, invective, ascetic, or gnomic verse.
Essays in International Litigation and the Conflict of Laws
Authors: Collins Lawrence
Published: November 2023

This is the paperback edition of Lawrence Collins' very well received hardback Essays in International Litigation and the Conflict of Laws. The book offers academics and practitioners a selection of the best essays written over a twenty-year period, updated where necessary with introductory prefaces outlining the most important subsequent developments. Among the highlights is a report of the author's recent Hague lecture on Provisional and Protective Measures in International Litigation. Scholarly and incisive, these essays will be required reading for all academics and practitioners interested in international litigation.
Interaction between Contract and Tort in the Conflict of Laws
Authors: Collins Lawrence
Published: November 2023

This article originated as a thesis at Columbia University Law School under the supervision of Professor Maurice Rosenberg. The relationship between contract and tort in international transactions remains a matter of considerable difficulty, particularly in the field of employment law, which is dealt with in Chapter XI. The distinction between contractual and tortious claims may make a vital difference in cases covered by the Brussels and Lugano Conventions on jurisdiction and the enforcement of judgments, since the jurisdictional rules for contract in Article 5(1) and for tort in Article 5(3) may lead to different jurisdictions. The European Court has held that the expressions ‘matters relating to a contract’ and ‘matters relating to tort, delict or quasi-delict’ are to be given autonomous interpretations. The consequence is that a claim connected with a contract cannot be treated as a tortious claim for jurisdictional purposes, even if it is so classified by the law of a member state: Case 189/87 Kalfelis v. Schroder, Munchmeyer, Hengst & Co. [1988] ECR 5565. Most recently, in Case C-26/91 Jacob Handte & Co. v. TMCS, 17 June 1992, the European Court held that a claim by an ultimate purchaser against a manufacturer in the French courts was to be regarded as tortious in nature, even though under French Law it was classified as a claim on an implied contract. Consequently, the French court did not have jurisdiction in a product liability claim.
Exemption Clauses, Employment Contracts and the Conflict of Laws
Authors: Collins Lawrence
Published: November 2023

Although the questions of principle raised in Sayers v. International Drilling Co. [1971] 1 WLR 1176 (CA) remain live ones, the actual decision in the case would now be different because the exception clause in such circumstances would be invalidated by the Unfair Contract Terms Act 1977. That Act was part of a general development to restrict the application of foreign law in order to protect the weaker party. The EEC Conventions on jurisdiction and on contractual liability also contain special provisions in favour of employees. The Brussels Convention (as amended in 1989) and the Lugano Convention contain similar (but not identical) provisions, the substance of which is that in matters relating to individual contracts of employment, the place of performance of the obligation in question will be the place where the employee habitually carries out his work, or if the employee does not habitually carry out his work in one country, the employer may also be sued in the courts of the place where the business which engaged the employee was or is situated: Article 5(1). The effect of Article 17 (as amended) of the Brussels Convention and Article 17 of the Lugano Convention is that, as against the employee, a jurisdiction agreement is to be effective only if it is entered into after the dispute has arisen.
Defending the Indeterminacy Thesis
Authors: Tushnet Mark v.
Published: November 2023

In Determinacy, Objectivity, and Authority, Jules Coleman and Brian Leiter address what they describe as attacks on analytic jurisprudence from critical legal studies and other forms of modern American legal thought. Although Coleman and Leiter agree that there are ‘important ways in which the set of legal reasons will be indeterminate’, and that ‘certain forms of indeterminacy can pose a problem for the possibility of legitimate governance by law’, they conclude that these problems ‘are in no way fatal to the possibility of legitimate authority’.
Right Practical Reason
Authors: Westberg Daniel
Published: November 2023

The part of this work which may lay some claim to originality, or at least to offer a solution of a stubborn difficulty in Thomist studies, is Part III, on the process of action. An interpretation is presented which is both faithful to the Summa Theologiae treatment, and avoids the cumbersome scheme of alternating actions of intellect and will, helping to clarify the account of practical reason. The necessary foundations and the implications for a revised view of prudence complete the structure of the book.
Intention
Authors: Westberg Daniel
Published: November 2023

There are different meanings of ‘intention’: there is the ordinary usage indicating purpose (‘I intend to go to the opera tonight’); there is the legal meaning in connection with mens rea (on which some disagreement exists whether intention is only the knowledge of the action or indicates desire as well); and there is the philosophical notion of intentionality, which enriches but complicates the concept for us. The aspect of intention in relation to practical reason is not one of the clearer points in Aristotle’s ethics, and the tendency to understand his thought (as well as Aquinas’s) through more recent categories has sometimes been a hindrance.
Chalcedon and the New Testament
Authors: Hooker Morna D
Published: November 2023

When more than 500 bishops gathered together in the Church of St Euphemia at Chalcedon in October AD 451, a copy of the scriptures was placed in the Centre of the Council as a symbol of the fact that their deliberations began from scripture, and that they believed themselves to be expounding scripture. The definition they eventually produced was an interpretation of the Nicene Creed, and that in turn was understood to be an exposition of scripture.
The Lordship of Christ
Authors: Way David
Published: November 2023

In the English-speaking world Ernst Käsemann’s name is associated primarily with the renewed quest for the historical Jesus which he helped to initiate in the mid-1950s. In addition he is well known for his passionate theological commitment, and for the highly polemical character and sheer difficulty of his writing. There is less appreciation of the breadth of Käsemann's interests, the system of his thought, and the key role of his understanding of Pauline theology within the whole. This study, the first of any length to be written in English, seeks to redress this imbalance. Dr Way traces Käsemann's views from his doctoral dissertation to his magnum opus, the Commentary on Romans. From its context in German Protestant theology, Käsemann’s Pauline interpretation is systematically analysed and emphasis is given to the major theological themes which identify the continuing significance of his interpretation to biblical scholars and the Church. Certain unpublished lectures and letters are referred to in tracing Käsemann’s views, and the influence of this most provocative of Rudolf Bultmann's students on contemporary New Testament scholarship is assessed.
Extradition: Law And Practice
Authors: Stanbrook Ivor , Qc Clive Stanbrook
Published: November 2023

The second edition of this book is long overdue. The first edition was published before Mr Justice Goff’s landmark judgment in re Nielson, the passing of the 1989 Extradition Act, the implementation of the European Convention on Extradition, and the UK’s adoption of the European Convention on Human Rights. These developments reflect the strong political forces and emerging political structures of the last twenty years. This edition puts the development of the UK’s extradition law into its political and evolutionary context. Drawing from the practice and law of many countries, the authors illustrate the growing convergence of international principles of extradition. In some areas this convergence responds directly to new political structures such as the European Union. In others to the increasing influence of norms of international law in the area of human rights. This area in particular will increasingly influence the development of extradition both in the UK and elsewhere. The UK’s incorporation of the European Convention on Human Rights guarantees this trend and now requires practitioners in the UK to have regard to the growing international jurisprudence in this area. This book is the first in this field to grasp this development and it devotes a full chapter to the new human rights dimension in extradition. Despite the impressive development of extradition since the first edition, the Authors do not believe that UK extradition law is well equipped to deal with the ever increasing volume of international crime. Conservatism, suspicion of foreigners, and a misplaced inherent distrust of civil law systems prevent the UK from having much influence on the international development of extradition. An international based system is essential and in any case inevitable. It would be infinitely preferable for the UK to be in the vanguard of the development rather than - as so often these days - a late arrival. The Authors, both barristers, bring an unusually broad insight to their work. Ivor Stanbrook, then an MP, was on the Common Committee that scrutinized the Extradition bill that subsequently became the 1989 Extradition Act. Clive Stanbrook practices primarily in Brussels specialising in European Union Law as well as Human Rights Law.
Directives as sources of rights
Authors: Prechal Sacha
Published: November 2023

Behind the austere terms of Article 249(3) there hides a complex reality which the drafters of the Treaty probably never dreamed of. Instead of merely giving general instructions for action, as its name would at first sight suggest, the directive has developed into a fully-fledged legislative instrument of the Community. The most essential characteristic distinguishing it from a regulation is the fact that a directive is never self-sufficient. In order to be fully effective, implementing measures have to be enacted at national level. As a rule, the implementation of a directive requires its transposition into national law. In particular, due to the last factor, in the early years of the Community it seemed inconceivable that directives could be of any direct relevance to private individuals. However, reality has proven to be different. Today, directives are invoked by individuals for several purposes and they are frequently applied or, at least, taken into account as legal rules by national courts.
Hart’s Concluding Scientific Postscript
Authors: Moore Michal S
Published: November 2023

It has often and correctly been remarked that the Hart–Fuller debate of 1956–691 set the agenda for Anglo-American jurisprudence in the last half of this century. The nature of law, of legal obligation, of legal authority, and of law’s relation to morality, were the questions that debate made central to jurisprudence as we have since practised it.
Three Concepts of Rules
Authors: Moore Michal S
Published: November 2023

The article by Professor Frederick Schauer1 to which this chapter was a reply was an explication of parts of a much richer manuscript then about to be published by the Oxford University Press.2 In the latter work Schauer probes the nature of rules, ruleness, and rule-based decision-making generically, that is, without particular regard to the law. Professor Schauer presents his jurisprudential theory, which he calls ‘presumptive positivism’, as one spin-off of his more general theses about the role of rules in all decisional environments.
Ascetics as mediators and as teachers
Authors: Rousseau Philip
Published: November 2023

Peter Brown’s ‘Holy Man’ has proved a remarkably durable piece of work. It is still referred to constantly, most often as a whole, as the exposition of an argument or theory: his particular judgements receive less direct attention. The significance of the article is twofold. It set a debate in train: it stood at or near the beginning of a new approach to the history of religion (new also, at the time, to Brown himself). It has subsequently taken on a life of its own: for a long process of intervening criticism has brought it now into the hands of a third generation of readers.
The origins of the Carolingian attempt to regulate the cult of saints
Authors: Fouracre Paul
Published: November 2023

abstract

In an important article published in 1990, Julia Smith contrasted cultures of sanctity in Celtic regions in the early Middle Ages with those patterns of sanctity which had been influenced by Carolingian practices. Whereas in the Celtic areas the response to cults was determined by a strong oral tradition which fed off places and objects associated with holy men and women, in the Frankish areas, she argued, cults were more tightly controlled by written hagiography which stressed the importance of corporeal relics under the guardianship of proper authorities. The Franks, in other words, had their saints under control in ways which reflected the theocratic flavour of their government, for Frankish rulers attempted to intervene in spiritual life in order to achieve some level of social control through the harnessing of supernatural power. The power of the saints thus fed the power of rulers, not just in Francia, but quite clearly, and just as effectively, in Ottonian Germany, and Anglo-Saxon England, and, at a slightly later date, in what Gabor Klaniczay terms the ‘peripheral areas’ of Scandinavia and Central Europe. As Smith suggested, when these other areas moved to control cults for political ends, this was done in imitation of Carolingian practice.
Pilgrimage and the Cult of Saint Thecla in the Mareotis
Authors: Davis Stephen J
Published: November 2023

The Christian practice of pilgrimage flourished especially in the fourth, fifth, and sixth centuries. While the Holy Land remained the primary destination for pious travellers, Egypt, as the cradle of monasticism, also attracted visitors in droves. As I mentioned in the previous chapter, the monastic establish- ments west and south-west of Alexandria—Pempton, Enaton, Oktokaidekaton, Nitria, Scetis (Wadi Natrun)—became fixtures on the itineraries of pilgrims hoping to get a first-hand glimpse of holy men and women. Collections of monastic stories such as the Apophthegmata Patrum, the Conferences of John Cassian, and the legends about Daniel of Scetis record many such encounters. However, holy men and women were not the only targets of pilgrimage. With the rise of the Egyptian cult of the martyrs, martyr shrines (martyria) also became major centres for pilgrim activity. The bodies of Christian martyrs were thought to be repositories of healing power, a power made portable in the form of souvenir artefacts sold to pilgrims at or near the shrines.