bluuebunny/crossref_metadata_2025 huggingface dataset:
The International Corpus of English in Hong Kong
Authors: Bolt Philip , Bolton Kingsley
Published: November 2023

The sociolinguistic realities of English in Hong Kong are unlike those of any other society in Asia, not least of all because Hong Kong is Britain’s only surviving territorial colony of any economic or strategic significance. Although an estimated 97 per cent of the population is Chinese, and Cantonese is the principal local language, English has been an official language of government and law since 1841, and throughout the present century it has been accorded semi-official status as the major language in many secondary schools, colleges, and universities. In addition, English is also considered the dominant language of business in the larger companies. Hong Kong is currently experiencing a period of transition in which the decolonialization of institutions from Britain is being given increasing priority. Partly as a result of this and of other economic and social forces, English and Chinese now have an increasingly complex coexistence in government, public administration, law, education, the business sector and the mass media. On 1 July 1997 Hong Kong will become a Special Administrative Region of the People’s Republic of China. It is likely that after this date the de facto and de Jure status of English will be changed, and that either Cantonese or Putonghua (Mandarin) will assume a greater proportion of some of the roles previously held by English.
Centering in Naturally Occurring Discourse: An Overview
Authors: Walker Marilyn , Joshi Aravind , Prince Ellen
Published: November 2023

This introduction first provides a brief overview of the rules and constraints of centering that are used in the chapters in the book. Then we group the open issues in centering into a set of five general themes: (I) utterance-level issues in centering (2) centering as a cross-linguistic universal; (3) information structure and centering; (4) the role of centering in processing models of discourse; (5) discourse structure and centering, and outline how each chapter provides detailed studies and empirical evidence addressing these themes.
Centering, Anaphora Resolution, and Discourse Structure
Authors: Walker Marilyn
Published: November 2023

Centering was formulated as a model of the relationship between attentional state, the form of referring expressions, and the coherence of an utterance within a discourse segment (Grosz, Joshi, and Weinstein 1986, 1995), In this chapter, I argue that the restriction of centering to operating within a discourse segment should be abandoned in order to integrate centering with a model of global discourse structure.
r, Hypercorrection, and the Elsewhere Condition
Authors: Halle Morris , Idsardi William J
Published: November 2023

Our purpose in this article is to contribute to the current debate regarding the differing theoretical assumptions between Optimality Theory (OT) and the more traditional theory of derivations employing ordered rules. Such a discussion of fundamental issues is greatly facilitated if there is a body of data at hand that satisfies two desiderata: (1) the data are of a degree of complexity that makes it necessary to invoke more than just the most elementary resources of the competing theories, and (2) the phenomena are well-enough understood so that obviously inadequate solutions can be rejected without extensive investigation of the most basic facts. One body of data that satisfies these desiderata is the well-known shibboleth of the Eastern Massachusetts r. We are fortunate, moreover, in that these data have been reviewed in two recent papers by John McCarthy (1991; 1993), a native speaker of the dialect, who happens also to be one of the leading phonologists of our generation. In addition, much of the same data have been discussed in chapter V of Harris (1994), where parallel developments in other dialects of modern English are also considered.
Coordination
Authors: Johannessen Janne Bondi
Published: November 2023

This volume is a study of coordination, i.e. structures with conjunctions such as and, but, and or. These are important words in their constructions, rather than being unimportant and superfluous, because they have many properties in common with categories such as verbs and prepositions. Dr Johannessen has analysed data from thirty-three languages, many of them unrelated, and has found striking similarities. She focuses in particular on ‘unbalanced coordination’ (UC), that is, coordination in which the conjuncts differ with respect to crucial grammatical features such as case and word order. UC occurs in many of the languages in the study, and provides evidence for an analysis of overt, as well as covert, conjunctions as heads in an X-bar theoretical framework. Specifically, there is a strong correlation between the order of conjunctions and abnormal conjuncts and that of heads and complements generally in the languages that have UC. Dr Johannessen also considers extraordinary balanced coordination, in which both conjuncts are abnormal. This phenomenon provides additional evidence for conjunctions being heads. She gives a comprehensive account of coordination in general, including extraction, coordination categories, multiple coordination, and ‘discontinuous conjunctions’. SERIES DESCRIPTION Oxford Studies in Comparative Syntax Series Editor: Richard S. Kayne The growing sophistication of syntactic theory is making it possible to achieve an increasingly precise characterization of syntactic differences among languages. By shedding light on the nature of syntactic variation, the books in this series will also contribute to our understanding of that which is syntactically variant, i.e. those facets of syntax that can be construed as reflecting properties of universal grammar.
Absolute Ungrammaticality
Authors: Ackema Peter , Neeleman Ad
Published: November 2023

Given the principles of optimality theory, there should be a grammatical output for every input. After all, of the possible outputs corresponding to a particular input, the one that is the most harmonic with respect to a set of ranked universal constraints is grammatical by definition. Nonetheless, it appears to be a rather obvious fact that certain constructions have no realization at all in some, or even all, languages. How is this possible, then? Given the structure of the grammar in optimality theory, several types of solu tions have been proposed for this problem. An Optimality-theoretic grammar consists of two components: a device GEN that generates all possible structural realizations of a particular input and a function EVAL that selects out of this candidate set the structure that is optimal. One possibility therefore is to argue that there are restrictions on GEN such that certain constructions never enter into competition. It is also possible that two candidates score equally on all constraints but one. In that case, the candidate that wins out on this particular constraint will block the other candidate under any constraint ranking. In the terminology of Prince and Smolensky 1993, this is expressed by saying that the latter is harmonically bound by the former.
Adverbial Marking of Stance in Speech and Writing
Authors: Conrad Susan , Biber Douglas
Published: November 2023

Conrad and Biber’s chapter is a statistical study of three collections of texts: one of conversations, one of academic writing, and one of news reportage. In this corpus they identify adverbials with a variety of grammatical forms: mainly adverbs such as probably, prepositional phrase such as in most cases, and subordinate clauses such as I think. These adverbials express meanings associated with the speaker or writer’s attitude, or stance, towards what he or she is saying.
Evaluating Evaluation in Narrative
Authors: Cortazzi Martin , Jin Lixian
Published: November 2023

We mentioned in the introduction to this volume that there is a well-established tradition of using the term ‘evaluation’ in a relatively specialized sense to refer to a semantic and/or structural element of narrative; and Cortazzi and Jin’s chapter is set within that tradition. They start from Labov’s model of oral narrative, in which the presence of evaluation — signalling to the audience the ‘point’ of the story — is not only crucial in determining the perceived effectiveness of the story, but also criteria! in distinguishing narratives from other stretches of talk such as reports or summaries. They discuss ways in which evaluation can be recognized, noting that it is frequently context- and culture-specific, and may depend as much upon performance as upon any features of the language itself.
Machine-Readable Dictionaries and Education
Authors: Kegl Judy
Published: November 2023

Currently available machine-readable dictionaries (MRDs) promise to contribute greatly to research on machine translation, information retrieval, parsing, generation, computational lexicography and linguistics. My chapter discusses properties of MRDs and their potential use in education. Originally, this paper was intended as a survey of educational applications using MRDs. As far as I have been able to determine, no such applications currently exist. Since research by Miller and Gildea (1985) and Miller (1985b, 1986a, 1986b) suggests that the educational value of hand-held dictionaries in their current format may be of questionable value, my discussion will not only address possible applications, but will point out where computer implementation of certain pedagogical techniques currently used in our classrooms would be impractical and ineffective.
Lexical Substitutability
Authors: Church Kenneth Ward , Gale William , Hanks Patrick , Hindle Donald , Moon Rosamund
Published: November 2023

In their attempts to describe the contemporary language, lexicographers are both overwhelmed by evidence and at the same time starved of evidence. Everything they ever read or hear or say is evidence for the existence of (or even for an answer to) some lexicographic question, but most of it flashes by so fast that it is impossible to capture. Even in these days of large electronic corpora, it is often not possible for a lexicographer to find precisely the right little bit of evidence that he or she needs at precisely the moment it is needed, to provide the answer to some question of detail. Indeed, we cannot always be sure that we are asking the right questions. A lexicographer is like a person standing underneath Niagara Falls holding a rainwater gauge, while the evidence sweeps by in immeasurable torrents.
Descriptive and Theoretical Syntax in the Lexicon
Authors: Zaenen Annie , Engdahl Elisabet
Published: November 2023

Many of the computational natural language systems that are built are to some extent based on linguistic frameworks. This is reasonable because in that way they can profit from the research done in those frameworks but also and more importantly because it is necessary to have some framework to organize the data in a domain as large as that of describing a natural language. It is however seen as a drawback of theory-based approaches that they will necessarily be mutually incompatible since there is not one linguistic framework that different researchers agree upon. Of course approaches that lack a theoretical foundation would not necessarily overcome this problem. One might argue that they allow for even more dangerous forms of incompatibility. Where it is in principle possible to predict some of the differences between theoretically based frameworks on the basis of their principles, there would be no clue to guide a comparison between descriptions that are based on no principles at all (assuming that such could exist).
Duelling Languages
Authors: Myers-Scotton Carol
Published: November 2023

The goal of this book is to describe and explain intrasentential codeswitching - the production of two or more languages within the same sentence. Most linquists who do not study codeswitching think of it as belonging strictly in the domain of sociolinguistics. Most codeswitching studies do indeed have a social aspect, because they typically use naturally occurring performance data as their base. However, this book is just as much a study in grammatical theory as a study of language in use. The specific research question addressed is this: when speakers alternate between two or more linguistic varieties, how free is this alternation from the structural point of view? Carol Myers-Scotton develops a model of the morphosyntactic constraints on codeswitching; she concludes that the principles governing codeswitching are the same everywhere. Her model supports a lexically based model of language production.
Aspects of Semantic Opposition in English
Authors: Mettinger Arthur
Published: November 2023

Antonymy is recongized as an important type of meaning relation in natural languages, yet there are very few detailed empirical studies of the topic. Through an analysis of a corpus of 43 contemporary English-language novels Dr Mettinger isolates ten syntactic frames within which antonyms are regularly found: these serve as a useful heuristic tool for eliciting opposites from texts. He argues that there are two kinds of antonyms: systemic opposites which have meaning relations definable in strictly semantic terms, and non-systemic opposites which require contextual and encyclopaedic knowledge for an interpretation of their relationship. The author analyses systemic opposites within an autonomous semantics framework based on semantic field theory, using semantic features, semantic dimensions, and archisememes as descriptive tools. His analysis of 350 pairs of antonyms taken from Roget’s Thesaurus of English Words and Phrases yields a typology of meaning-opposition in English based on syntacticosemantic criteria such as gradability and scalarity which stands in contrast to standard logic-based typologies. Among the specific topics covered are ‘negative’ prefixes, the problem of markedness, and the treatment of meaning-opposition from a cognitive point of view.
Modern Syntactic Typology
Authors: Croft William
Published: November 2023

We take 'modern syntactic typology' to represent the tradition of cross-linguistic analysis of syntactic properties beginning with Greenberg's work on word order (1966a), and continued largely by linguists in the United States, particularly on the West Coast, since that time. Research in this area has expanded considerably, and there has also been a significant philosophical shift in that same period. Much of the contemporary typological research is being pursued in the 'functional-typological' approach, associated with Greenberg, Giv6n, Haiman, and Hopper and Thompson. Since the early 1980s there has also been a dramatic growth of typological analyses that are fundamentally diachronic in character. This chapter, however, will restrict its attention to synchronic typology; for a survey of research in diachronic typology, see Greenberg (this volume).
The Diachronic Typological Approach to Language
Authors: Greenberg Joseph h.
Published: November 2023

Modern typology, as distinct from the nineteenth-century morpho logical typology, arose in a structuralist milieu. It is not surprising, therefore, that in its earlier phases (e.g. Trubetzkoy 1939, Greenberg 196 3) it was essentially synchronic in outlook.1 It is also not surprising that the first application of modern typology in historical linguistics was not essentially concerned with change as such, the heart of diachrony, but rather based on the hypothesis that a reconstructed protolanguage should not violate the constraints of synchronic typology as deduced from contemporary languages or those of the past as attested from written records.
Syntactic Change: Theory and Method
Authors: Pintzuk Susan , Tsoulas George , Warner Anthony
Published: November 2023

individual’s acquisition of a grammar distinct from the one which underlies the output of the preceding generation. The investigation of changes which can be understood in terms of an abrupt shift at acquisition has proved the most straightforward and fruitful way of relating historical and theoretical syntax, partly because the Principles and Parameters paradigm provides a formal framework in which to interpret differences between successive grammars.
Verb-Object Order in Early Middle English
Authors: Kroch Anthony , Taylor Ann
Published: November 2023

In the standard account (Canale 1978, van Kemenade 1987, Lightfoot 1991), there is a sharp divide in word order between Old and Middle English. Old English is INFL-final and OV while Middle English is INFL-medial and VO. Indeed, Lightfoot gives an account of the transition from Old to Middle English based on a catastrophic reanalysis in the twelfth century (Lightfoot 1991, 1999) and, viewed from a certain distance, this story has considerable plausibility. Thus, up until the entry for II22 CE, the syntax of the Peterborough version of the Anglo-Saxon Chronicle, the manuscript which extends furthest into the twelfth century, is that of standard literary Old English. The brief continuations, which end in II54, are hard to interpret but are not revolutionary in their syntax. These are the last documents of Old English. Then in the first quarter of the next century, several prose texts of West Midlands provenance appear, the Ancrene Riwle and the Katherine Group of saints’ lives, whose word order is considerably more modem. INFL-final word order seems absent and surface OV word order be comes a minority pattern. Nevertheless, there is reason to doubt the standard account.
Article 20
Authors: Goldrick Dominic Mc
Published: November 2023

The inclusion of article in the Covenant was controversial. Its opponents argued that the prohibition might lead to abuse and would be detrimental to freedom of opinion and expression (article 19 ), might encourage the establishment of governmental censorship, that the expressions used were vague and subjective, that the article did not establish any particular right or freedom, and that such prohibitions would not be effective.
Responses to Crime
Authors: Windlesham Lord
Published: November 2023

Policies dealing with crime - or at least being seen to deal with it - are a central features of contemporary British political life. Crime and crime statistics receive wide exposure and evoke strong public outcry, and politicians are often judged as much by the speed and tone of their reactions as by their considered responses. In this timely volume Lord Windlesham examines how criminal justice policy is first formulated and then enacted at Parliamentary and Government level. Drawing upon scholarly material and his experience as a former Home Office Minister, Lord Windlesham identifies the pressures which traditionally and typically influence policy decisions. Emerging from his analysis is an appreciation of how the articulation of policy is often less coherent than it seems. Scholarly and accessible, this thought-provoking book will be of interest to the general reader as well as being required reading for academics and those involved in the administration of criminal justice today.
A Woman and Her Unborn Child: Rights and Responsibilities
Authors: Kennedy Ian
Published: November 2023

What I am concerned with here are the relative rights, if any, of a pregnant woman and her fetus. I am concerned with the question, what should, or must, a woman do, or refrain from doing, while pregnant? I shall seek to examine the issues involved from the point of view both of ethics and law. The latter enquiry will necessitate an examination of whether there is a need to make public policy, and if there is what form that public policy should take. Curiously, although the nature of the problem only has to be stated to see how significant it is, there has been relatively little scholarly comment in the United Kingdom in contrast to the United States.
The Philosophical Origins of Modern Contract Doctrine
Authors: Gordley James
Published: November 2023

This book traces the influence of philosophical ideas on the development of contract law from the post-Roman period through to the nineteenth century, focusing upon the synthesis of Roman law and the moral philosophy of Aristotle and Thomas Aquinas. Although primarily a study of the late scholastics this is a book about the history of ideas, and as such will be of great interest to legal historians and legal philosophers.
Discontinuity in the Natural Law Tradition
Authors: Gordley James
Published: November 2023

As We have seen, the contract law of the late scholastics depended on a series of Aristotelian ideas. The binding force of contract, and consequently the requirements for contract formation, were explained by Aristotelian virtues of promise-keeping, liberality, and justice. Contractual consent was explained by an Aristotelian theory of choice in which, in order to act qua human being, one had to understand the essence of one’s action. The consequences of a contract were thought to follow from its essence, either because they were included in its definition or because they were means to the end in terms of which the contract was defined.
The Settlement of International Economic Disputes
Authors: Collier John , Lowe Vaughan
Published: November 2023

The procedures for the settlement of disputes arising under the General Agreement on Tariffs and Trade (GATT), and now under the World Trade Organisation (WTO) that has replaced it, are remarkable for their departure from the principle that disputes resolved by formal mechanisms should be settled on the basis of what is an essentially retrospective analysis of the rights and duties of the parties at the time that the dispute arose. Rather, the GATT /WTO system proceeds by an analysis of whether benefits (rather than rights) that the parties expected to derive from the substantive rules of the GATT /WTO have been nul­lified or impaired, or the achievement of any objective of the agreement is being impaired, and then to an essentially prospective analysis of what measures might produce a workable solution to the dispute for the future.
The Cult of Toughness
Authors: Roper Michael
Published: November 2023

Established manufacturing industries such as motor vehicles, steel, and shipbuilding have generally been recognized as the ‘bastions of culturally “male employment’. The statistical record certainly demonstrates a high concentration of men in these industries. In 1983 women constituted under 15 per cent of the labour force in the motor vehicle, mechanical engineering, oil processing, and metal industries. It has been argued on the basis of this segregation that the sex-typing of jobs as ‘masculine’ reaches its fullest form in such industries. Yet what it is that makes employment in heavy manufacturing industries ‘culturally “male”‘ remains unclear. Moreover, while we might expect the managers working in this sector to be the best advertisement for its masculine ethos, they were decidedly ambivalent. The ‘hard’ men who work in manufacturing rarely feel that they measure up to its exacting standards.
Introduction: Fact, Fiction and Faction
Authors: Itzin Catherine
Published: November 2023

Why make a fuss about pornography? Men seem to like it. It’s a very profitable industry. It offers women employment and some women a ‘glamorous’ career. It’s said to be just a bit of harmless fun: entertainment for men. So what if it does degrade women; aren’t there more important issues to do with women’s equality? After all, it’s only images. Isn’t there a big difference between fantasy and reality? Also, the problems inherent in pornography are small compared with the problem of trying to tackle them.
Maintaining Male Power: Why Heterosexual Men Use Pornography
Authors: Baker Peter
Published: November 2023

I have probably seen about as much pornography as any other average heterosexual man in the UK. I first stumbled across it when I was nine—a copy of Playboy in a barber’s shop, available on a table with the daily newspapers. I can remember that the pictures I saw left me feeling confused and disturbed, but also curious and a little excited. When I was eleven, a friend gave me a copy of a magazine called Parade which I hid at home in the middle of a pile of children’s educational magazines called, ironically perhaps, Look and Learn. I saw most pornography when I was a student, although I never actually bought it. I did not need to. My Cambridge college junior common room subscribed to Penthouse, one of the most popular UK pornographic magazines. Later, while on a teacher-training course in Nottingham, I lived in a house with two other men who, between them, had literally hundreds of pornographic magazines. I was by now aware that pornography was sexist and wrong—I would even vote against it at student union meetings—but I still looked at it and masturbated with its images in my mind.
Pornography, Homophobia and Male Supremacy
Authors: Stoltenberg John
Published: November 2023

There is a widespread belief that sexual freedom is an idea whose time has come. Many people believe that in the last few decades we have had more and more of it – that sexual freedom is something you can carve out against the forces of sexual repression, and that significant gains have been won, gains we dare not give up lest we backslide into the sexual dark ages when there wasn’t sexual freedom, only repression. Indeed, many things seem to have changed. But if you look closely at what is supposed to be sexual freedom, you can become very confused. Let’s say, for instance, you understand that a basic principle of sexual freedom is that people should be free to be sexual and that one way to guarantee that freedom is to make sure that sex be free from imposed restraint.
The Child Pornography Industry: International Trade in Child Sexual Abuse
Authors: Tate Tim
Published: November 2023

‘Child pornography’ is a misleading term. This is not the tawdry glamour of Playboy centrefolds, nor yet the gory gynaecology of hard-core. In fact it is not pornography in any real sense: simply the evidence – recorded on film or video tape – of serious sexual assaults on young children. Still people choose to confuse it with adult pornography, lending it an air of spurious legitimacy and titillation, an aura of faintly harmless ‘naughtiness’. When in 1988 the British government announced plans to make possession of child pornography an offence, a (woman) columnist in The Times opposed the legislation on the grounds that the problem was not sufficiently serious to warrant such ‘censorship’: ‘One is revolted at the idea of children posing for pornographic pictures, but while the use to which the pictures may be put in someone’s mind is abhorrent, I can’t really see that simply photographing a child exploits him ’.
The Experimental Research Evidence: Effects of Pornography on the ‘Average Individual’
Authors: Einsiedel* Edna F
Published: November 2023

In order to draw conclusions about whether exposure to pornography leads to or causes certain effects, one would have to look at the experimental evidence for these causal linkages. The experimental results are presented in terms of effects in the areas of arousal, perceptions, affective states, attitudes, and behaviour. Two categories of pornographic stimuli have generally been used to sort out differential effects in these areas: non-aggressive pornography and aggressive pornography (see Mala-muth and Donnerstcin, 1984; Donnerstcin, 1983b). Some question may be raised about whether in fact these two categories arc sufficiently representative of distinctions the average consumer or the public at large might make or whether these two categories afford reasonable conceptual value. Nevertheless, these categories provide a convenient way to organize the results from the experimental studies.
Configuring the IS Function in Complex Organizations
Authors: Earl Michael J , Edwards, Brian , Feeny David F
Published: November 2023

How to configure the Information Systems (IS) function in large, complex organizations appears to be an eternal management issue (Dickson et al. 1984; Niederman et al. 1991). This is because it is inherently difficult and because circumstances change. Commonly phrased as a centralization versus decentralization question, it is also often perceived by managers as the issue which most impedes their organization’s ability to get value for money from IT. The two basic arguments are often expressed thus. Centralization of the IS function is necessary to reap economies of scale, ensure the ability to integrate applications or share data, and optimize the use of scarce resources. Conversely, decentralization of the IS function is necessary to ensure that IS responds to real business needs, to encourage managers to get involved with IS, and often to add control of IS resources to the autonomy that local units possess. These arguments may appear to be no different from the normal tensions of the centralization versus decentralization debate at large. However, often there are at least two special characteristics at work. First, information technology does raise important questions of scale, infrastructure planning, risk, and change. Secondly, information systems can often be an emotional issue. Since information is often at the heart of power, arguments about the control of information processing can seem critical in the politics of organizational design. Indeed, nowadays information systems are something everybody has a concern about and thus can be guaranteed to stimulate a debate—at least in complex organizations. By complex organizations we mean large, multi-business unit corporations. The authors studied fourteen such companies in Europe in 1987.
IT Outsourcing and the Changing Shape of the Information Systems Function
Authors: Willcocks Leslie P , Fitzgerald Guy
Published: November 2023

There has been considerable academic interest in recent years in three debates that come together in this paper.1 The first concerns the causes, attributes, and consequences of emergent forms of organization, for example, Clark and Staunton (1990), Clegg (1990), Drucker (1991), and Whitaker (1992). The second focuses on structuring the information systems function, for example, Feeny et al (1989), George and King (1991), and Hodgkinson (1991). The third relates to the reasons for, and the nature and impact of Information Technology (IT) outsourcing, for example, Buck-Lew (1992), Lacity and Hirschheim (1993), and Loh and Venkatraman (1992a, b, c). Our research programme from which this research paper is derived, in the form of thirty detailed case studies in the UK, has been conducted primarily through the lens of questions raised in the third of these areas. This has produced evidence that links the three debates in certain ways. In particular, we take two examples of the more radical (or ‘total’) forms of IT outsourcing occurring in the context of significant changes in broader organizational structure and strategy as a basis for examining the implications for Information Systems (IS) structures, management processes, and distribution of expertise in newer, emergent forms of organization.
The Jurisprudence of Discretion:Escaping the Legal Paradigm
Authors: Lacey Nicola
Published: November 2023

Jurisprudence misses many realities about justice because it is much too concerned with judges and legislators and not enough with administrators, executives, police and prosecutors. Further-more, jurisprudence acknowledges the law-discretion dichotomy and then spends itself almost entirely on the law half ...
Social Limits to Discretion: An Organizational Perspective
Authors: Feldman Martha s.
Published: November 2023

This chapter is about the social constraints on discretionary behavior. It contrasts with some of the other chapters in this book in that its basis is organizational rather than legal. The actors considered are bureaucrats rather than judges. The fundamental issues are, however, similar. How docs one allow discretion in decision-making without also allowing capricious decision-making? How can decisions be responsive to the relevant features of a context without being ad hoc, unsystematic, or incomprehensible? In any context there arc individual as well as social constraints to discretion. Individuals have ways of thinking and values that constrain their decisions. In the literature on discretion, however, one of the primary concerns has been the lack of control over behavior that is subject only to the internal constraints of the individual and that is not subject either to formal rules and sanctions or to direct supervision. This concern stems from the belief that without such constraints autonomy is absolute. The literature from organization theory, however, provides a way of thinking about the intersection between decision-making and social processes that allows us to understand that such decision-making is subject to social control.
Medical Discipline
Authors: Smith Russell G
Published: November 2023

This book considers whether or not the General Medical Council's professional conduct jurisdiction acts fairly and justly when dealing both with doctors whose conduct it controls, and members of the public whose interests it was established to protect. By looking at the legal history of the Council since its inception in 1858 until the present, it is possible to see how the system of medical discipline in Britain developed, to reveal its present anomalies and problems, and to see how best to improve the system, if, indeed, such a system is worthy of preservation. Questions such as the role of lay members on the Council, the use of lawyers and Legal Assessors in hearings, how medical issues are resolved and standards of conduct set for the profession, are all considered. Over 2000 disciplinary cases are then surveyed in terms of the type of allegations made, what sort of doctors are involved, and how they are dealt with. Detailed suggestions are finally made for improving the system.
The European Convention on Human Rights in the British Courts: Problems Associated with the Incorporation of International Human Rights
Authors: Clapham Andrew
Published: November 2023

The aim of this Chapter is to show three things. First, that the European Convention on Human Rights (‘ECHR’) has, to some extent, already been used by judges in the United Kingdom prior to the entry into force on 2 October 2000 of the main provisions of the Human Rights Act 1998. Second, that incorporating an international treaty need not involve a complete abdication of sovereignty to the judiciary. Third, that if one does consider incorporating an international human rights instrument there are a number of pitfalls which ought to be addressed in the incorporating legislation.
And Some Have Bills of Rights Thrust Upon Them: The Experience of Hong Kong’s Bill of Rights
Authors: Byrnes1 Andrew
Published: November 2023

The brutal scenes of the suppression of the pro-democracy movement in China in early June 1989 were seen around the world, where they elicited shock and disappointment at the loss of what might have been. However, there was perhaps nowhere outside the People’s Republic of China (PRC) itself where the impact was felt more intensely than in Hong Kong, the British Crown colony taken from Qing China in the Opium War of the 1840s and destined to revert to the PRC just 8 years after the events of the fateful summer of 1989.
The Impact of a Bill of Rights on the Role of the Judiciary: A Canadian Perspective
Authors: Sharpe Robert j.
Published: November 2023

The amendment of the Canadian Constitution in 1982 to include the Charter of Rights and Freedoms brought about a fundamental change to Canadian law and politics. Many important public issues formerly within the exclusive preserve of legislative authority are now subject to judicial review. Constitutional litigation has become an important tool used by interest groups to advance their political ends.
The Cyprus Question and the Turkish Position in International Law
Authors: Necatigil Zaim M
Published: November 2023

The Cyprus Question has been and remains one of the more intractable problems in world affairs. This important book-first published in 1989-differs from the many other writings on the subject by setting out the Turkish (rather than the Greek) case. It is written principally from a legal standpoint, but also uses significant historical, political, and diplomatic sources. The newly revised second edition includes an up to date chronology and a new postcript incorporating the many new developments which have taken place since the book was originally written in 1988, including a large number of diplomatic negotiations, and intergovernmental conferences and exchanges. The book also deals with the current efforts to find an agreed settlement through the good offices mission of the UN Secretary-General, and the present position of the parties.
Public Law In Israel
Authors: Zamir Itzhak , Allen Zysbla T
Published: November 2023

The origins of this work lie in an attempt by Israeli lawyers to describe and analyse the remarkable efforts of the Supreme Court of Israel to intervene in all kinds of government actions on behalf of basic civil rights and the preservation of the rule of law. Working essentially with the basic English common law tools of constitutional and administrative law, and without the aid of a written Bill of Rights, The Supreme Court recognized that Israel's special political and social realities warranted an extraordinary judicial vigilance. This work charts this remarkable development and offers an insight into a system which is arguably among the most developed in the common law world.
The Law of the International Civil Service
Authors: Amerasinghe C F
Published: November 2023

This is the second edition of a treatise which examines the law applied by international administrative tribunals in the fields of employment relations between international organizations and their staff. The second edition has been substantially revised to take account of a great deal of new law and practice. Both the first and second volumes have been revised and are now free standing.
The Law of the International Civil Service
Authors: Amerasinghe C F
Published: November 2023

This is the second edition of a treatise which examines the law as it is applied by international administrative tribunals in the fields of employment relations between international organizations and their staff. This edition has been substantially revised to take into account new law and practices in the field.
Probationary Appointments
Authors: Amerasinghe C F
Published: November 2023

A Probationary period is generally required by the Staff Regulations and Staff Rules of international organizations for almost all of the different kinds of appointments, whether they are, for example, permanent, regular, or fixed-term. Thus, the Staff Rules of WHO made any appointment of one year or more subject to a period of probation, irrespective of the type of appointment. The Staff Regulations of the EEC stated that officials other than those in Grades Al and A2 must serve a probationary period before they could be established.
Transfer and Reassignment
Authors: Amerasinghe C F
Published: November 2023

Provision is generally made for the transfer or reassignment of staff members in the Staff Regulations and Staff Rules of international organizations. However, these vary in detail and specificity. Thus, the UN Staff Regulations provide in very general terms that: ‘Staff members are subject to the authority of the Secretary-General and to assignment by him to any of the activities or offices of the United Nations. ‘ The Staff Rules do not elaborate significantly on the rules governing assignment which is referred to in this Regulation. In the case of the Council of Europe the Staff Regulations are also very general and merely state that the Secretary General ‘shall assign each staff member, in the interests of the service, to a post in his category corresponding to his grade.’ The Staff Regulations of the European Communities are somewhat more elaborate but only marginally so. These provide principally in Article 7(1) that: ‘The appointing authority shall, acting solely in the interest of the service and without regard to nationality, assign each official by appointment or transfer to a post in his category or service which corresponds to his grade.’
Promotion
Authors: Amerasinghe C F
Published: November 2023

The Staff Regulations and Staff Rules of most organizations contain provisions on promotion of staff members after they have joined the service of the organizations. Some organizations have fairly detailed provisions, while other have less detailed provisions. In the case of the UN Staff Regulation 4.2 states: ‘The paramount consideration in the appointment, transfer or promotion of the staff shall be the necessity for securing the highest standards of efficiency, competence and integrity.’
Structural Salary Adjustments and Salary Scales
Authors: Amerasinghe C F
Published: November 2023

Salaries may be adjusted structurally by international organizations. The reasons for such adjustments are generally changes in the cost of living, competitiveness, and such factors. Adjustments for such reasons are different from increases for merit or for satisfactory performance and are generally treated separately by institutions. The establishment or change of salary scales is a related subject. International administrative tribunals have had to deal with disputes relating to both these subjects. Much of the case law has concerned the interpretation of Staff Regulations but there has been a good deal which has discussed certain applicable general principles.
The Right of Association
Authors: Amerasinghe C F
Published: November 2023

The right of the staff of international organizations to associate featured in a way in the very first case that was presented to the UNAT in 1950 soon after its creation, 1 in so far as the locus standi of the UN Staff Association before the UNAT and the rights of that Association in respect of cases brought before the UNAT was raised as an issue. Subsequently there have been many cases brought before international administrative tribunals in which this right of association has been the subject of litigation in one form or another. The right of the staff of international organizations to associate has often been canvassed strongly by the staff itself and, moreover, it would seem that tribunals have tended to regard this right as of considerable importance, even though they have not always agreed with the views presented by the staff and their Associations.
Freedom of Thought, Conscience, and Religion
Authors: Cumper Peter
Published: November 2023

The struggle for religious liberty in the international arena can be traced back to the battles of the sixteenth century, and possibly even to the Roman Empire. However it was not until the twentieth century that religious liberty finally attained positive recognition in international human rights instruments. Today, in addition to Article 18 of the International Covenant of Civil and Political Rights (ICCPR), freedom of religion is guaranteed in Article 18 of the Universal Declaration of Human Rights 1948 (UDHR), Article 9 of the European Convention on Human Rights (ECHR), Article 12 of the American Convention on Human Rights 1969 (ACHR), Principle VII of the Final Act of the Helsinki Conference on Security and Co-operation in Europe 1975, Article 8 of the African Charter on Human and Peoples Rights 1981, and Article 14 of the 1989 Convention on the Rights of the Child.
Freedom of Association and Trade Union Rights
Authors: Ewing K D
Published: November 2023

The right to freedom of association is wide-ranging and hotly contested. It is an essential feature of (liberal or social) democratic society, ‘protecting individuals from the vulnerability of isolation and ensuring the potential of effective participation in society’. As such freedom of association has been recognized in United Kingdom law in the same way as many other so-called human rights or fundamental freedoms, in the sense that people have been free to associate with others and to promote the interests of the association, provided that their action in doing so was not otherwise restricted by law (statute or common law).
The Frontiers Of Liability
Authors: Birks P B H
Published: November 2023

The 'Frontiers of Liability' is the title of a series of high-level seminars held in All Souls College, Oxford during 1993 and 1994. Drawing together top academics, practitioners and judges, these seminars have sought to identify current trends in English law and have provided a forum for experts to give their assessment of how the law will develop in the future. The papers produced for the first four seminars were reproduced in volume 1 of 'Frontiers of Liability'. The next four seminars and the comments made by the distinguished rapporteurs are reproduced in this volume. These essays will be of interest to anyone concerned with international sales, the law of contract, tort and restitution, and equity and trusts.
A Note of Caution
Authors: Reynolds F M B
Published: November 2023

The above question from a letter to The Times actually concerns the Rome Convention on the Law Applicable to Contractual Obligations, which is now operative in this country by virtue of the Contracts (Applicable Law) Act 1990. It does not however seem inappropriate to cite it in the present context of the international sale of goods. For although the starting point for the solution of a problem in sale of goods in English law is not in fact judge-made law but the Sale of Goods Act 1979 (actually of course an Act of 1893), as regards international sales the provisions of the Act have almost all been overlaid by special law developed by means of judicial decision.
The Element of Discretion
Authors: Gardner * Simon
Published: November 2023

This paper begins by noting the essential characteristics of remedial constructive trusts, as they are used by the Canadian and also the Australian courts. It finds that one of these characteristics (the one which ostensibly differentiates them from institutional constructive trusts) is the fact that their incidence lies in the discretion of the court. To date, the discussion of remedial constructive trusts, whether judicial or academic, has not given much focused thought to this feature of them. This paper aims to make a start in this direction. It therefore continues by developing some perceptions about the phenomenon of discretion in general. Armed with these perceptions, it finally returns to consider whether the reliance upon discretion in remedial constructive trusts is whole some.
Self-Determination and National Minorities
Authors: Musgrave Thomas D
Published: November 2023

The concept of self-determination has played a very important role in the shaping of the international community in the nineteenth and twentieth centuries. It is closely linked in a number of different ways to the status of minorities and minorities frequently make claims to self-determination as a right for themselves. This meticulously researched book explores the relationship between self-determination and minority rights in international law. It is highly detailed in its treatment of the subject, discussing very recent events, such as the atrocities in the former Yugoslavia, in a valuable historical context. His analysis of the issues provide the reader with a significant clarification of the legal issues involved, especially since the establishment of the UN and the development of international norms of human rights. As such, the book will hold particular appeal for all those who are interested in international law and politics, as well as students of modern history wishing to be informed on this hotly debated issue.
The UNIDROIT Principles of International Commercial Contracts and the Principles of European Contract Law: a Comparison
Authors: Bonell Michael Joachim
Published: November 2023

The year 1994 marked a turning point for two remarkable projects in the field of contract law. It was in that year that the Governing Council of the International Institute for the Unification of Private Law (UNIDROIT) gave its imprimatur to the publication of the Principles of International Commercial Contracts (‘UNIDROIT Principles’),1and the Commission on European Contract Law concluded its work on the first part of the Principles of European Contract Law (‘European Principles’).