bluuebunny/crossref_metadata_2025 huggingface dataset:
John Fell: Education, Erudition and the English Church in Late Seventeenth-Century Oxford*
Authors: Keene Nicholas
Published: November 2023

John Fell, dean of Christ Church, vice-chancellor of the University of Oxford, and bishop of Oxford, has long been a figure of interest to historians of printing and typography and to those concerned with late seventeenth century nonconformity and to the politics of Restoration Oxford. This study will focus on Fell from three overlapping perspectives, demonstrating his considerable contribution to the religious, intellectual, and political issues of the era. First, it will highlight Fell’s lifelong participation in Oxford University life, his eagerness to bolster its reputation for learning at home and abroad, and his commitment to education and discipline there. Dean of one of the largest colleges for a quarter a century and vice-chancellor for most of the late 1660s, he played a significant role in the instruction and fostering of Restoration youth, from poor scholars to the offspring of the highest echelons of nobility. Second, it will assess Fell as a facilitator of erudite works, the pivotal figure in a network of formal and informal intellectual and commercial contacts that combined in the production of texts from the Sheldonian Theatre. Fell was committed to the ideal of a learned press, the cherished notion of Archbishop Laud, whose efforts to establish a press to print early Christian texts in their original languages had foundered with his fall from power, but the dream remained alive. Third, it will evaluate Fell’s contribution to biblical and patristic scholarship, particularly the publication of a Greek Testament and the works of the Church Father Cyprian that received domestic and foreign acclaim.
National Socialism and the German Universities
Authors: Hammerstein Notker
Published: November 2023

The historian’s job, in large part, is to present past events in a sober, objective, and methodologically sound way. With regard to the history of the Third Reich, of course, much remains highly charged, and with good reason. Even today, the eruption of barbarism in twentieth century civilized Europe remains difficult to grasp. Nevertheless, scholars have made some progress in investigating our recent past. But even as we are increasingly well-informed about the period, new efforts are still necessary—even more so as regards the history of the German universities during the Third Reich, which for a long time eluded any rigorous investigation. No doubt there reigned the assumption that it was best to dispose of uncomfortable memories and let matters rest quietly. Indeed, an article on the role of geography as a discipline during the Third Reich dates critical reflection only to the 1980s and 1990s, when the collective silence was finally broken. Or, as the introduction to that same volume put it: ‘The traditional view of the relationship between science, technology and National Socialism was radically questioned … The former construction of contrast between “bad”, distorted science and “good”, true science, being highly ideological itself, gave way to a rational, neutral “Science is what scientists do”‘. Not only have universities, industrial laboratories, and students been pressed into research in order to achieve better and more differentiated analyses, but publications in the history of science and universities have proliferated-as the bibliographies of the ASTA of the Mannheim University make clear.
Agreed Remedies
Authors: Gullifer Louise
Published: November 2023

It is a widespread practice for contracting parties to include in their contract terms specifying remedies in the event of breach. These clauses can take a variety of forms: a clause may specify a sum payable on an event or on breach, or give the innocent party the right to terminate the contract or to retain a sum of money already paid.
Arbitration of Commercial Disputes
Authors: Tweeddale Andrew , Tweeddale Keren
Published: November 2023

Arbitration of Commercial Disputes is intended for anyone who is involved in the arbitral process. It provides a thorough and up-to-date analysis of both English and international arbitration law. The book initially deals with the principles of arbitration as examined from an international perspective. The authors identify fundamental principles of arbitration law that are common to all jurisdictions, and shows how some principles of arbitration law are treated differently in various jurisdictions. The book also examines some of the key jurisprudential questions, such as whether an international commercial arbitration is anchored to the place or seat of the arbitration, whether an arbitral award can be enforced even it has been annulled, and the continuing development and use of the lex mercatoria to resolve international commercial arbitrations. The sections on English arbitration law are structured around the provisions of the English Arbitration Act 1996. The work examines in turn the parties to the arbitration, the arbitration agreement, the powers and jurisdiction of the arbitral tribunal, the making of an award and its enforcement. In order to assist practitioners the authors have particularly focused on areas of the law which have changed over recent years and which are still developing. The book gives detailed analysis of court decisions and trends in areas where no clear authority exists, such as in the incorporation of arbitration clauses, and the drafting of arbitration notices. The book also deals thoroughly with costs and appeals. The final section of Arbitration of Commercial Disputes provides a comprehensive set of precedents. The precedents section includes both standard arbitration clauses and bespoke agreements, plus examples of clauses dealing with other forms of ADR prior to arbitration. There are also a number of procedural precedents including a set of Terms of Reference, Directions and a confidentiality agreement. There is finally a set of Awards and a section on applications to the English courts.
The Applicable Law
Authors: Tweeddale Andrew , Tweeddale Keren
Published: November 2023

No arbitration is conducted in a legal vacuum. The rights, duties, and obligations of the contracting parties are founded upon principles of law. This law is often referred to as ‘the proper law of the contract’, or the ‘substantive law’ or the ‘applicable law’. The term ‘applicable law’ is hereafter used to refer to the law relevant to the substantive issues of the dispute. The applicable law will be relevant to questions relating to the validity of the contract, its breach, and the level of damages.
Auctions Law And Practice
Authors: Frsa Brian W Harvey , Llb Franklin Meisel
Published: November 2023

This is the new edition of the leading work on the law and practice of auctions. The book looks at every aspect of auction practice from the economics of auction sales and restrictions on trading to criminal and other liabilities of the auctioneer. There is also a chapter on VAT. There have been important recent developments in the field of consumer protection and the book has been substantially revised to reflect these. In addition to general updating the new edition considers the practice of online auctions for the first time. There is also a section on looted art . The book continues to draw on case law from other common law jurisdictions.
Interpretations
Authors: Dudbridge Glen
Published: November 2023

The old liturgical text Jin’gang keyi puts it like this: ‘Miaoshan refused to take a husband, and most certainly achieved Buddha hood.’ Like the historical Buddha she rejected the privileged secular life into which she had been born and rose to spiritual triumph. To those who read it in this light the story serves as a charter for dedicated celibacy, and we find in its most widely ciculating versions—particularly the Xiangshan baojuan—a vigorous apologia for the life of religious renunciation. The successful impact of this appeal is reflected indirectly in the survival of the texts themselves, which depended on generations of pious donation and circulation.
The Emperor’s New ‘Knows’
Authors: Bach Kent
Published: November 2023

When I examine contextualism there is much that I can doubt. I can doubt whether it is a cogent theory that I examining, and not a cleverly seated piece of whacks. I can doubt whether there is any real theory there at all. Perhaps what I took to be a theory was really some reflections; perhaps I am even the victim of some cognitive hallucination. One thing however I cannot doubt: that there exists a widely read pitch of a round and somewhat bulgy shape. The title of this chapter calls for it to stick to the obvious. Even if it did, it would probably not convince the contextualise. Knowing that, I will be comforted by the thought that whether or not ‘knows’ is a context-sensitive term, at least ‘obvious’ and ‘convincing’ are. Perhaps ‘context-sensitive’ is context-sensitive too.
The Gospel of Luke in the Apostolic Fathers: An Overview
Authors: Bellinzoni Arthur J
Published: November 2023

In an article published in 1992, I traced the use of the Gospel of Matthew in second-century Christian literature from the Apostolic Fathers through Irenaeus.1 Such a study, I maintained, is central to an understanding of the origin and development of the church’s fourfold gospel canon.
The Apostolic Christology of Ignatius of Antioch: The Road to Chalcedon
Authors: Weinandy Thomas G , Cap. O F M
Published: November 2023

What New Testament teachings Ignatius of Antioch (d. c.107–10) was acquainted with, either in their written form or through the oral traditions that gave rise to them, has caused a great deal of debate. For example, did Ignatius have access to some or all of the written Gospels of Matthew, Luke, and John, or was he merely acquainted with their various oral traditions, or even traditions parallel to them? Which, and how many, of Paul’s letters did he possess or had he read? There is no scholarly consensus concerning these issues. Some authors over a positive assessment, and ayrm that Ignatius did possess some of the writings later canonized as the New Testament, the most likely being Matthew, John, and 1 Corinthians, and that he was acquainted with various oral traditions, the most likely being Lucan and Pauline traditions. Others scholars are more or less sceptical.1 At present, it is very DIY cult, and in the end most likely impossible, to ascertain exactly which Christian writings Ignatius either had read or knew simply from the various oral traditions that he had received.
The Apostolic Fathers and Infant Baptism: Any Advance on the Obscurity of the New Testament?
Authors: Wright David F
Published: November 2023

While the possibility that infant baptism was also practiced in the apostolic age cannot be excluded, baptism upon personal profession of faith is the most clearly attested pattern in the New Testament documents.1
The Opponents of Polycarp, Philippians, and 1 John
Authors: Hartog Paul A
Published: November 2023

The 1905 Oxford Society of Historical Theology classified the possible use of 1 John in Polycarp’s Philippians with a ‘C’ rating, meaning that they thought there was a ‘lower degree of probability’ that Polycarp’s letter to the Philippians used 1 John.1 Some scholars have expressed similar uncertainty.2 For example, S. E. Johnson labelled the possibility of dependence as ‘doubtful’,3 and H. F. von Campenhausen dismissed the parallels between 1 John and Polycarp’s letter as a typical ‘kirchliche Parole im Kampf gegen die kleinasiatische Gnosis’.4 However, many other scholars have disagreed with the Oxford Society’s assessment.5
The New Testament And The Martyrdom Of Polycarp
Authors: Dehandschutter Boudewijn
Published: November 2023

When in 1905 a ‘Committee of the Oxford Society of Historical Theology’ published The New Testament in the Apostolic Fathers, the Martyrdom of Polycarp, or Martyrium Polycarpi ( Mart. Pol.) was not included. The Committee may have had good reasons for restricting the corpus of ‘Apostolic Fathers’, but this should not mean that the question about the New Testament and the Martyrdom of Polycarp has to be neglected in a volume that marks the centenary of the publication of the committee’s conclusions. For whatever reasons, the Martyrdom has been printed in editions of the Apostolic Fathers from Cotelier to the present.1 It is my conviction, moreover, that further research on the theme of the present contribution can lead to a better understanding of the general theme ‘The New Testament and the Apostolic Fathers’. My contribution will therefore take into consideration some elements of the history of research on the Martyrdom in the hope that this will clarify some of the problems that arise when dealing with ‘The New Testament and the Apostolic Fathers’.
EU Human Rights Policies
Authors: Williams Andrew
Published: November 2023

Despite recent constitutional arrangements, human rights remain an ambiguous and complex subject in the European Union. Human rights issues may have become increasingly relevant to the life of the EU over the past thirty years but there has been an institutional reluctance to mould a unified human rights policy worthy of the name. Nevertheless, the EU’s practices have not been constructed randomly: they have evolved within discrete policy realms along coherent narrative lines. From the arguably mythical basis that the EU was founded upon a general principle of respect for human rights; policies and practices have developed along two distinct paths. Internally, within the EU, human rights are contingent. Scrutiny is erratic and even casual, and enforcement is left to the courts and independent agencies. Externally, in the EU’s interactions with non-members, however, the story is very different: human rights are broad in concept. Collective notions of rights are accepted and promoted. Scrutiny can be intrusive and effective, and systems of enforcement, increasingly severe in scope and strength, have been applied. This bifurcation has direct implications for the EU’s constitutional structure and its future human rights activities. It suggests that, through human rights language, conditions for conflict rather than integration have arisen, and that a system of double standards has been instituted. Williams therefore argues that the EU’s claims to a credible human rights policy are suspect. This book examines the nature and scope of the bifurcation and explains its origins and development. In doing so it questions orthodox interpretations and provides a radical new reading of the EU’s human rights law and practice. At its heart, the book claims that without a fundamental reappraisal of the basis upon which the EU responds to human rights, it will remain plagued by this ironical condition.
Descriptive Indexicals and Indexical Descriptions
Authors: Nunberg GeoVrey
Published: November 2023

On the attributive reading, the description the pers on who’s parked in front of the restaurant is interpreted as a quantifier: it says that the unique person who is parked in front of the restaurant is in a hurry, with no implication that the speaker has a particular person in mind—maybe she simply inferred his haste from his choice of a parking spot. On the referential reading, the description picks out a particular person—say Jones, who is waiting for his car at the valet parking station with visible impatience. The question is, is (1) semantically ambiguous? Not if you accept the Russellian view, which holds that the description in (1) is always interpreted as a quantifier, with the referential interpretation arising via a conversational implicature that arises from the hearer’s assumption that the speaker is trying to say something relevant and has a particular person in mind.
Descriptions, Linguistic Topic/Comment, and Negative Existentials: A Case Study in the Application of Linguistic Theory to Problems in the Philosophy of Language
Authors: Atlas Jay David
Published: November 2023

In this chapter I give an explanation for these data on cleft statements, introduce the notions of topic/comment from linguistics that are required to elaborate the explanation, defend my theoretical approach from an attack by Keith Donnellan, and apply the theory so developed to the vexing and infamous case of negative existence statements. Surprisingly my linguistic analysis of the topics of explicit, informative, negative existence statements, for example, The king of France does not exist , shows that the statement is not about the king of France, and so my analysis contradicts Bertrand Russell’s (1903) analysis in The Principles of Mathematics . It was the ultimately unsatisfactory metaphysical and semantical consequences of his about nessanalysis of negative existence statements in 1903 that motivated Russell (1905) to create his theory of de finite descriptions.
Indefinites and Scope Choice
Authors: Kempson Ruth , Meyer-Viol Wilfried
Published: November 2023

Ever since the early 1980s, there has been recognition that the intrinsic contribution of a natural language expression systematically under-determines the way it is interpreted in any given context. In the initial part of this period, there were fierce debates between Fodor and situation theorists, principally Barwise (see Fodor 1981, 1983, 1987; Barwise and Perry 1983; Barwise 1988) as to whether this phenomenon should be modeled relative to the assumption that languages are directly interpreted (much as the familiar formal languages, though with an enriched semantic vocabulary), or rather only indirectly with an intermediary process mapping such strings into some form of representation (for Fodor some ‘language of thought’) which is transparent with respect to such interpretation and nontrivially distinct from the natural-language string itself.
Arbitration Of Competition Law Disputes In The Eu And The Us
Authors: Nazzini Renato
Published: November 2023

Competition law issues may have to be decided by arbitrators. Private law remedies play an important role in the enforcement of competition law. There-fore, arbitral tribunals should be able to dispose fairly and expeditiously of for an overview of the problems in an international context and in a selected number of national legal systems, it is interesting to read the contributions contained in the ICC Dossier of the Institute of International Business Law and Practice, Competition and Arbitration Law (Paris: ICC Publishing SA, 1993). The ICC study predates the judgment of the Court of Justice in Case C-126/97 Eco Swiss China Time Ltd v Benetton International NV [1999] ECR I-3055 but deals extensively with the issue of arbitrability following the US Supreme Court
Choice Of Law For Equitable Doctrines
Authors: Yeo Tm
Published: November 2023

It is an unfortunate feature of the common law conflicts landscape that, for all its sophistication, the relationship between the equitable principles of the forum and the forum's choice of law process remains unclear. This book examines this relationship from the perspective of English law, taking account of the impact of European law. What law applies when litigants invoke the principles of equity of the forum or analogous doctrines in foreign law? This book suggests that there is nothing inherent in the invocation of the forum's equitable jurisdiction or in the nature of equitable discourse that renders the application of the forum's equitable principles inevitable. It then considers whether a different methodology should be adopted for equitable doctrines, and concludes that this should not be the case. Thus, unless the issue involves the application of fundamental public policy, mandatory forum laws or the procedure of the forum, equitable doctrines of any country should be subject to the same choice of law analysis like other principles of substantive law. The book then analyses equitable doctrines within the traditional choice of law categories of property, contracts, torts and restitution in three steps: first, many equitable doctrines may be regarded as substantive and not procedural; secondly, property and obligations issues raised by equitable doctrines may be segregated; and thirdly, by considering the functions of the respective doctrines, equitable obligations may be analysed as contractual (or based on agreement), tortious (or based on wrongs) or restitutionary (or based on unjust enrichment).
Refining Common Sense: Types of Knowledge in Management Studies
Authors: Tsoukas Haridimos
Published: November 2023

MANAGEMENT studies has historically been a very diverse field. Its diversity has been manifested not only through the many different (often dis connected) problems management scholars choose to study, or through the multiple and shifting membership of the management-studies community, which includes academics, consultants, and occasionally practitioners, but also through the conceptual fragmentation of the field (Whitley 1984b). It appears to be no accident that some of the most influential books in management studies (such as (e.g.) Mintzberg 1979; Morgan 1986) owe their success, partly at least, to suggesting a conceptual reorganization (i.e. a novel categorization) of the plethora of theories and models one encounters in the field. Such classifications organize their extremely diverse material, and help the reader to make some sense of it.
How National are Business Systems? The Role of States and Complementary Institutions in Standardizing Systems of Economic Coordination and Control at the National Level
Authors: Whitley Richard
Published: November 2023

A central tenet of economic sociology is that cultural values and regulatory institutions help to constitute the nature of economic actors and guide their actions, thus affecting economic outcomes (see, for example, DiMaggio 1994; Smelser and Swedberg 1994). As socially organized agents operating in different kinds of societal contexts, firms and other actors are inevitably influenced by the dominant norms and conventions governing the formation of collective actors and how competition and collaboration between them is to be structured. Different societal ‘rules of the game’ governing the organization of firms and interest groups and how they interact can be expected to result in contrasting patterns of economic organization and change (Whitley 1999).
Introduction Morality and Mysticism: Parallel or Intersecting Lines?
Authors: Wolfson Elliot R
Published: November 2023

Before the correlation of mysticism and morality can be assessed properly, the meaning of each term must be addressed independently. I begin with a methodological disclaimer: as thinkers from various disciplines in social, cultural, and natural sciences have concurred, it is not humanly possible to inspect a universe of discourse circumspectly, for there is no Archimedean fulcrum point outside that universe, no transcendental position whence one would be capable of surveying the Weld in its totality; indeed, the hermeneutic quest—conspicuously circular—presupposes that the investigator be embedded in the Weld yet to be investigated. Needless to say, it is not genuinely possible to speak of ‘a Weld in its totality’, as the nature of the Weld (both natural and semiotic) is such that its boundaries are forever subject to reinscription and realignment. Thus, lacking both a transcendental standpoint and a conviction regarding the possibility of demarcating borders, it seems prudent to lay aside taxonomic aspirations.
Ontology, Alterity, and the Anthropological Other
Authors: Wolfson Elliot R
Published: November 2023

In the first chapter I shall consider to what extent the kabbalistic orientation fostered a sense of social consciousness and a call to moral action on behalf of the human community at large. In my judgement, the study of ethics in the kabbalistic tradition must begin with a proper understanding of the ontological place it accorded non-Jewish nations. In this regard I am naturally indebted to a host of philosophers who have identified in one way or another the centrality of the status of the other in ethical discourse. Indeed, as one contemporary philosopher reminds us, the sense of the other entailed in the notion of obligation must ‘include not only other human beings but what is other than human—animals. e.g., or other living things generally, and even the earth itself ‘. Perhaps no single thinker has been more insistent on emphasizing the importance of the other to the ethical project than Emmanuel Levinas. The example of Levinas is particularly relevant inasmuch as he maintained that the uniqueness of Judaism as a religious culture lies in the fact that the theological belief in the utterly transcendent God, a transcendence that transcends the traditional notion of divine transcendence, is the basis for the moral principle concerning the irreducible dignity of the other human subject.
Othering the Other: Eschatological Esacing of Ontic Boundaries
Authors: Wolfson Elliot R
Published: November 2023

In the Jewish Middle Ages, one of the prominent ways for the scribal elite of the minority culture to deal with the majority was through polemic. Limited by socio-political and economic factors, the avenue of disputation afforded rabbinic exegetes an opportunity to aggrandize their own situation and to deprecate the privileged status of the majority. If the minority assumes the position of the proverbial other, then the stratagem of polemic provided the mechanism by means of which the role of othering was inverted. By marginalizing the central power, the marginal power could vicariously occupy the centre, if only in a temporary gesture of empowering co-religionists so that they could withstand the violence and persecution fostered by the officially sanctioned rhetoric of difference.

An impressive number of scholars have discussed the role of polemic in medieval Jewish society from different vantage-points. The main bodies of literature that have been mined for this purpose are the written records of public disputations, theological and philosophical treatises of a polemical character, and exegetical works wherein the confrontational dimension is shrouded behind figures of the biblical past.
Beyond Good and Evil: Hypernomian Transmorality and Delimiting the Limit
Authors: Wolfson Elliot R
Published: November 2023

In this chapter I explore the topic of ethics and mysticism in the history of kabbalah from the vantage-point of the relationship between antinomies that seem basic to moral discernment on the one hand, and the transcendental oneness of mystical experience in which opposites seem to coincide on the other. As I noted in the Introduction, kabbalistic literature is clearly not monolithic in orientation, and thus it must be investigated repeatedly from multiple perspectives. However, in my estimation, an element shared by the diverse range of kabbalists is the nomian framework within which the mystical impulse takes shape, and this applies as well to those kabbalists who push the law beyond its own limits even to the point of affirming that religious observance finds its fulfilment in transgression. In an effort to understand the aspiration to get beyond the duality of good and evil, a tendency to which I refer by the terms ‘hypernomian’ and ‘transmoral’, it is necessary to probe more deeply into the axiological framework of kabbalistic ritual.
Competition In Energy Markets
Authors: Cameron Peter Duncanson
Published: November 2023

The new edition of this book gives a comprehensive update and analysis of European law as it affects competition in EU energy markets, especially oil, gas and electricity. This includes all relevant directives, regulations, Treaty provisions (including the energy chapter in the draft EU Constitution), case law and decisions of the ECJ, the CFI and the European Commission competition authorities. Appropriate consideration is also given to the new developments in EU legal relations with Norway, Switzerland and other neighbouring countries. In this edition a special chapter examines the growing impact of environmental rules on the energy sector, especially with respect to renewable energy, nuclear power and the EU emissions trading scheme. A new section on the competition law framework explains and describes in detail the growing impact of competition law instruments such as merger control, state aid and antitrust in this sector. The new edition also explains the greatly enhanced role of the national energy regulatory authorities and the European Competition Network in enforcing law at the European level, as well as the various challenges that may be made to their decisions. The approach adopted in this edition is primarily analytical and practical, treating each problem that has arisen in application of the law and assessing the efficacy of the solution adopted. It examines the tensions that arise in the law as a result of conflicting policy objectives on environmental, internal market and security of supply concerns. The new edition draws on the insights of a high-level advisory panel of senior pracitioners, regulators and academics in the sector. The panel is made up of Professor Sir David Edward, formerly at the ECJ; Maria Rehbinder, the Head of Unit for Energy and Water at DG Competition, European Commission; David Newbery, economics professor at Cambridge University; and Michael Brothwood, solicitor and occasional advisor to the House of Lords Select Committee on Europe.
Strategies and Organizational Problems: Constructing Corporate Value and Coherence in Balanced Scorecard Processes
Authors: Hansen Allan , Mouritsen Jan
Published: November 2023

What is strategy? Management accounting researchers have often ignored this question when they say that management accounting is for implementing rather than formulating strategy. Inspired by Anthony’s seminal work (1965), where management controls and strategic planning were separated, management accounting researchers have often treated strategy as a ‘black box’. However, recent debates have paid more attention to strategy. The debates in the 1990s, for example, emphasized that the future of management accounting (e.g. Bromwich and Bhimani 1994; Ittner and Larcker 1998) is dependent on whether it can frame and conceptualize strategic issues in organizations; to articulate strategy is a way to regain the lost relevance of management accounting (Johnson and Kaplan 1987). In this chapter we study processes of constructing corporate value
From World War to Cold War
Authors: Reynolds David
Published: November 2023

The 1940s was probably the most dramatic and decisive decade of the 20th century. This volume explores the Second World War and the origins of the Cold War from the vantage point of two of the great powers of that era, Britain and the USA, and of their wartime leaders, Churchill and Roosevelt. It also looks at their chequered relations with Stalin and at how the Grand Alliance crumbled into an undesired Cold War. But this is not simply a story of top-level diplomacy. David Reynolds explores the social and cultural implications of the wartime Anglo-American alliance, particularly the impact of nearly three million GIs on British life, and reflects more generally on the importance of cultural issues in the study of international history. This book persistently challenges popular stereotypes - for instance on Churchill in 1940 or his Iron Curtain speech. It probes cliches such as ‘the special relationship’ and even ‘the Second World War’. And it offers new views of the familiar, such as the Fall of France in 1940 or Franklin Roosevelt as ‘the wheelchair president’. Incisive and readable, written by a leading international historian, these essays encourage us to rethink our understanding of this momentous period in world history.
The Politics of Organizational Analysis
Authors: Marsde Richard
Published: November 2023

In this paper I want to pursue some issues raised in Donaldson’s In Defence of Organization Theory: A Reply to the Critics (1985), but left unexplored in ‘Offence and Defence in Organization Studies: A Symposium’ (Organization Studies, Special Issue, 1988). Donaldson notes that ‘much of the discussion around conventional organization studies’ raises the fundamental question, can there be a science of organizations? (Donaldson 1985 : 75; also Hinings 1988 : 4). This question raises two issues: the ontological status of organizations and the epistemological status of organization theory (Burrell and Morgan 1979 : 298–299). It was the application to organizations of the techniques of the natural sciences, and the consequent belief that organizations are hard, concrete things, that the critics Donaldson claims to have ‘routed’ (Donaldson 1988 : 28) took issue with (Burrell and Morgan 1979 : 398; Clegg and Dunkerley 1980 : 257–262).
Unfair Dismissal: The Basic Award
Authors: Korn Anthony , Sethi Mohinderpal
Published: November 2023

The basic award was introduced by the Employment Protection Act 1975 with the aim of compensating employees for the loss of job security brought about by dismissal. In a sense, the policy behind the award is similar to that underlying the redundancy payments scheme and this is reflected in the way the award is calculated. The award is normally calculated by reference to the employee ‘s age and length of service at the effective date of termination, but in union-related dismissals there is a statutory obligation to award a fixed amount as a minimum basic award.
From Computer Abuse To Cybercrime
Authors: Walden Ian
Published: November 2023

The proliferation and integration of computer and communication technologies into every aspect of our society have inevitably led to criminal activities involving their use. Such activities, labelled with the shorthand ‘computer crime’ or ‘cybercrime’, are the subject matter for this book. Regular stories feature in the media on computer crime, covering topics from hackers to viruses, ‘webjackers’ to Internet paedophiles; sometimes accurately portraying events, sometimes misconceiving the role of technology in such activities.
Optical Spectroscopy of Inorganic Solids
Authors: Henderson B , Imbusch G F
Published: November 2023

The beautiful colours of many inorganic compounds, including minerals and gemstones, as well as the mysterious cold light of luminescence emitted by these materials, have attracted the inquisitiveness of natural philosophers for centuries. The scientific study of such phenomena - the optical spectroscopy of solids - has paid rich dividends in technological advances such as lasers and other optronic devices. This is a book on the art of optical spectroscopy of solids, establishing a theoretical and experimental framework for the subject, which is well illustrated with relevant spectra and experimental data. Chapters 1 to 5 set down the quantum description of atoms, ions and defects in solids, and the interaction of such centres with electromagnetic radiation. Considerations of symmetry and the effects of lattice vibrations on the spectroscopic properties are treated in detail . The physical bases of prominent experimental techniques are presented in Chapter 6 and their application to colour centres, dopant rare-earth and transition-metal ions are described in Chapters 7 -9. The spectroscopic behaviours of magnetic ions at high concentration are detailed in Chapter 10, followed by a brief review of the operational features of solid state lasers that rely on the foregoing discussion of their optical characteristics. Finally, Chapter 12 describes the application of magneto-optical double resonance techniques to the elucidation of the optical properties of insulating and semi-conducting materials. The authors emphasize that their own interests have guided the selection of topics from the panoply of available choices. They have written the book with senior undergraduates and postgraduates in mind: it is expected also to be useful to seasoned investigators from solid state physics and engineering from inorganic chemistry, and from materials and geological sciences.
Introduction
Authors: Cameron Cecily , QC Elizabeth-Anne Gumbel
Published: November 2023

This book is intended to be a guide for personal injury practitioners conducting clinical negligence cases. It includes basic and practical advice for those with little experience of clinical negligence cases, as well as more detailed analysis of the law in this area. The authors hope this book will be helpful to those beginning to undertake clinical cases as well as to those whose main area of practice is clinical negligence. The book does not purport to cover standard personal injury topics such as assessment of quantum, which are more appropriately dealt with in specialist textbooks on that topic.
Causation
Authors: Cameron Cecily , QC Elizabeth-Anne Gumbel
Published: November 2023

In essence, to succeed in a claim for clinical negligence the claimant must first prove that the defendant owed him/her a duty of care. Secondly, the claimant must prove that the standard of clinical care provided was below a competent level. Thirdly, he must show that the lack of competent care caused the injury complained of. Proving causation can be the most difficult aspect of the claim. One obvious problem in a clinical negligence case is that the claimant usually has a clinical problem before any treatment commenced. It is necessary for the claimant to prove that it was the alleged treatment, or lack of it, which caused the injury and the loss and damage complained of rather than the natural progression of the underlying problem.
The Process Of Quantification
Authors: Cameron Cecily , QC Elizabeth-Anne Gumbel
Published: November 2023

The valuation of claims for injuries sustained as a result of clinical negligence is no different in principle from that which is undertaken in personal injury practice. However, there are some distinguishing factors that need to be borne in mind when quantifying these claims. As the pre-existing condition and the precise nature of the injury are likely to be different in each case, it is often difficult to find quantum reports where the facts of the case are sufficiently similar to create a reliable precedent. The small number of mid-to-lower value cases going to trial means that judicial awards in these cases are relatively rare and more reliance must be placed on reported settlements, where the factors influencing the settlement figure may be unclear, particularly with respect to the extent of causation and damages for pain, suffering, and loss of amenity.
Costs And Cash Flow
Authors: Cameron Cecily , QC Elizabeth-Anne Gumbel
Published: November 2023

It takes significantly longer to bring in costs in clinical negligence cases than in most other types of work and this can create a real difficulty for the business. This is in addition to the fact that the cases themselves take long periods of time to conclude and are more difficult to risk assess and case manage than most personal injury claims. The process of cost recovery in clinical negligence is complex for a number of reasons, including the requirement to comply with Legal Services Commission procedures, and arguments about proportionality with the defendants (or more commonly their costs draftsman).
Thermodynamic quantities expressed in terms of molecular distribution functions
Authors: Ben-Naim Arieh
Published: November 2023

In this chapter, we derive some of the most important relations between thermodynamic quantities and the molecular distribution function (MDF). As in the previous chapter, we shall first present the relation for a one-component system. This is done mainly for notational convenience. One can easily repeat exactly the same steps to derive the generalized relation for a multicomponent system. This is, in general, not necessary to do. As a rule, once we have the relation for a one-component system, we can almost straightforwardly write down the generalized relation without resorting to a full derivation. All that is needed is a clear understanding of the meaning of the various terms of the relations. An exception to this rule is the relation for the isothermal compressibility. Here, the one-component equation does not provide any clue for its generalization. We shall devote part of chapter 4 to derive the generalization of the compressibility equation, along with other relations between thermo-dynamic quantities and the MDF. Most of the relations discussed in this chapter apply to systems obeying the assumption of pairwise additivity for the total potential energy. We shall indicate, however, how to modify the relations when higher order potentials are to be incorporated in the formal theory. In general, higher order potentials bring in higher order MDFs. Since very little is known about the analytical behavior of the latter, such relationships are rarely useful in applications. Of particular importance to solution chemistry is the expression for the chemical potential, first derived by Kirkwood (1933). We shall devote a relatively large part of this chapter to discuss various expressions for the chemical potential.
The Case For The Abolition of The Floating Charge
Authors: Goode Roy
Published: November 2023

The floating charge is one of equity’s most brilliant creations. It has enabled flnanciers to advance large sums on the security of a company’s inventory and receivables while leaving the debtor company free, within the limits set by the charge, to dispose of such assets in the ordinary course of business free from the security interest. Through its all-embracing nature it has facilitated, when used in conjunction with flxed charges, security over the entirety of the debtor’s assets, and this in turn has enabled the chargee to stipulate for the power to appoint an administrative receiver to take control of the company for the beneflt of the chargee, run the business, hive it down to a specially formed subsidiary or sell off the business or its assets.
The Role of Security Over Future and Circulating Capital: Evidence From The British Economy Circa 1850–1920
Authors: Getzler Joshua
Published: November 2023

Freedom of contract suggests that credit secured against corporate assets is created because it is in the interests of the parties to do so. We can presume that if secured credit arrangements did not bring beneflts, then parties would pursue alternative methods of raising flnance. Corporations favour secured credit as a means to access a wider pool of impersonal creditors, thus making it possible to enlarge their investment base and operating capital; and lenders prefer secured claims because the expected return on loan capital can be calculated to a nicety, execution is simplifled and all or most entrepreneurial risk is left with the borrower.
Taiwan
Authors: Cheng Chun-yih
Published: November 2023

The Financial Supervisory Commission (FSC) is the single regulatory authority that regulates banking, insurance, and securities activities. There are four main sectors in FSC, namely the Banking Bureau, the Insurance Bureau, the Securities and Futures Bureau, and the Financial Examination Bureau. The enforcement powers of FSC include: financial examination, administrative fine, suspension of business, revocation of permission, cancellation of business licence, orders to discharge managers or staff members and to remove and replace responsible persons. The principal legislative provisions regulating banking, insurance, and securities activities are as follows: Banking: Banking Act, Financial Holding Company Law, Law Governing Bills Finance Business, Foreign Exchange Control Act, and Regulations Governing the Declaration of Foreign Exchange Receipts and Disbursements or Transactions.
Crossing the Water
Authors: Bradley Richard
Published: November 2023

There are several ways of interpreting the Bronze Age images of outhern Scandinavia, but they lead to very different conclusions from one another. It is essential to know their strengths and weaknesses, since the nature of those designs has obvious implications for the circumstances in which the pictures were made.
Indonesia’s quasi-federalist approach: Accommodation amid strong integrationist tendencies
Authors: Bertrand Jacques
Published: November 2023

Over the past decade, Indonesia’s institutions have been gradually transformed in response to ethnic tensions. After the fall of President Suharto’s authoritarian regime in 1998, which had endured for more than thirty years, the Constitution was amended and new laws were passed to democratize Indonesia’s political system. As part of this democratization, steps were taken to increase the flexibility of the political system in the face of pressure in favor of decentralization, devolution of power, and accommodation of demands from ethnonationalist groups in East Timor, Aceh, and Papua.
Iraq’s constitution of 2005: Liberal consociation as political prescription
Authors: McGarry John , O’Leary Brendan
Published: November 2023

When it comes to managing national and religious diversity, democracies have two broad choices—integration or accommodation. Integrationist states seek to construct a single overarching public identity. Integrationists believe conflict results from group-based partisanship and recommend a state that is impartial, meritocratic, and that promotes equal citizenship through a bill of individual rights. They frown on ethnic political parties or civic associations and praise parties that stand for non-ethnic or cross-ethnic agendas, such as the Republican and Democratic parties in the U.S., or Labour and the Conservatives in the U.K. (They reject proportional electoral systems, which facilitate segmental appeals, and support those that discourage the mobilization of cultural differences and require winners to achieve majority or plurality broad-based support.
Giving with one hand: Scottish devolution within a unitary state
Authors: Tierney Stephen
Published: November 2023

This chapter has two points of focus. First, it addresses the devolution settlement for Scotland as a case study in the constitutional implementation of a “plurinational” model of the state. Second, and more broadly, it reflects upon the ever more sophisticated conceptual challenges to particular constitutional orders, and to constitutionalism in general, that are being mounted by substate national societies. Each subject will be examined in the context of the two prevailing public policies used by states to manage national and other forms of diversity. ese policies—accommodation and integration—are distinguished by John McGarry, Brendan O’Leary and Richard Simeon in the following way. On the one hand, integrationists aim to ensure the equality of individuals, accepting diversity in the private realm but opposing public recognition of substate group identities; on the other, accommodationists promote “dual and multiple public identities”, implying “equality with institutional respect for differences” as the best means of managing deep diversity.
A Magnificent Fungus on the Political Tree: The Growth of University Representation in the United Kingdom, 1832–1950
Authors: Meisel Joseph S
Published: November 2023

Following the unceremonious defeat of Gladstone’s 1893 Home Rule Bill in the House of Lords, a Liberal government proposed replacing the Conservative-dominated hereditary chamber with a new ‘Upper House’ composed of one representative from each county of the United Kingdom and one from each university. While the equal representation of territory in a bicameral legislature’s upper chamber was an established model, combining this with representation of universities was novel. Universities had returned members to the House of Commons since 1603, but the new scheme would have extended universities’ parliamentary strength in several respects. Assuming no change in the Commons, university members would sit in both houses of Parliament, and whereas only some universities were represented in the Commons in 1894, all would be given seats in the new Upper House. University MPs were returned to the Commons in a variety of configurations (three two-member constituencies, one with a single MP, and two joint constituencies with shared MPs), but all universities would receive equal representation in the reformed second chamber. Moreover, compared to the nine university MPs then part of the 658-seat Commons, the twelve Upper House university representatives would have had greater relative weight in a chamber otherwise composed of representatives from each of the 118 counties of England, Wales, Scotland, and Ireland.