bluuebunny/crossref_metadata_2025 huggingface dataset:
The Operation of the Inter-American Court of Human Rights
Authors: Trindade Antonio Augusto Can<Ado
Published: November 2023

The Inter-American Court of Human Rights is an autonomous judicial organ, established by the 1969 American Convention on Human Rights for its interpretation and application, whose main purpose is to judge cases of alleged violations of the human rights protected thereunder. Following the entry into force of the American Convention (on 18 July 1978), the States Parties elected, at the Seventh Special Session of the OAS General Assembly (on 22 May 1979), the first Judges to compose the Court, which held its first meetings on 29 and 30 June 1979 at the OAS headquarters in Washington DC. The ceremony of installation of the Court in its seat, San Jose, Costa Rica, took place on 3 September 1979.
The Interaction between the Political Actors of the OAS, the Commission and the Court
Authors: Gomez Veronica
Published: November 2023

International or regional organs for the protection of human rights tend to be prisoners of the unending paradox of having been created and being nourished directly by the subjects they are meant to control. Although they may confer a number of powers on these organs, states both retain control over their functioning, by electing their members and allocating their budgets, and may play an important role in enforcing their decisions. This paradox may create institutional and political tension and thus interfere with the work of these organs and their effectiveness. The inter-American system of human rights protection is an interesting scenario for the analysis of this kind of tension.
The Protection of Economic, Social and Cultural Rights under the inter-American System of Human Rights
Authors: Craven Matthew
Published: November 2023

In a region beset by political strife and instability and marked by wide spread violence, it is perhaps not surprising that the predominant focus of human rights concerns has been the traditional ‘liberal’ rights and freedoms. The almost endemic problems of torture, arbitrary detention, forcible disappearances, and denial of political participation have all tended to encourage a myopic vision of human rights that has excluded from view problems of a broader nature, and particularly those relating to economic, social and cultural rights.
The Inter-American Human Rights System at the Dawn of the New Century: Recommendations for Improvement of its Mechanism of Protection
Authors: Trindade Antonio Augusto Cantçado
Published: November 2023

The idea of a general revision of the inter-American system of human rights protection seems to have lately been gathering momentum in the American continent, aiming at the improvement of its mechanism of protection. A Seminar of Experts to that effect was held by the InterAmerican Commission on Human Rights on 2-3 December 1996 at the headquarters of the Organization of American States in Washington DC. This Seminar was preceded by another event, the Conference of Experts on the Future of International Human Rights, co-sponsored by the Inter American Institute of Human Rights and the International Rule of Law Institute of George Washington University, which was held in Washington DC, 20-22 May 1996, and which also dwelt upon the subject of the perspectives of the inter-American system of protection in particular.
Law, Public Services, and Citizenship-New Domains, New Regimes?
Authors: Freedland Mark
Published: November 2023

In the academic year 1995---6, the European University Institute devoted its annual Forum to the subject of citizenship, the principal focus being on European Community citizenship; this created the opportunity to organize workshops on topics relevant to the subject of citizenship. It was decided to organize a workshop which had the purpose of exploring the idea of citizenship in labour law and public law, especially in relation to public services. The notion that this was a useful and coherent subject for discussion was a matter far more of intuition than of evidence; and the group of people we invited to participate in this workshop was decidedly heterogeneous in terms of their interests and intellectual backgrounds.
Citizenship and Public Services-Some General Reflections
Authors: Amato Giuliano
Published: November 2023

Mediaeval legal systems laid down, in their extraordinarily rich fabric, a number of guiding threads for the future. The first that should be mentioned here is the identification of the function of government not with administration but with adjudication of complaints and disputes between private individuals. This was the embryo of the jurisdictional function, but as exercised initially by the King. And it was therefore the King who injected into it the characteristic features of the function of government and the typical manifestation of the State. A second embryo, which history was to correlate with the first but which, to start with, merely existed alongside it, was the development of the principle whereby economic activities of collective interest (the forerunners of public services) did not axiomatically fall within the public domain but remained part of the private sphere.
Labour Law-a Bridge between Public Services and Citizenship Rights
Authors: Sciarra Silvana
Published: November 2023

One of the aims of this book is to construct a new paradigm and adopt it as a frame of reference for the formulation of new citizenship rights. The novelty of such rights consists in the fact that they are dependent on the contract of employment, thus coinciding with a traditional, albeit not exhaustive, definition of social rights; they should also be seen as a precondition for the granting of public service status, which has been widely analysed earlier in the book, especially in those chapters employing the language and methodology of public law. This paradigm is at the moment mainly a descriptive one, although the ambition is that it might acquire a normative relevance and influence policy-making, at both a national and a supranational level.
Sources of Law
Authors: Amerasinghe C F
Published: November 2023

Manuals i. 62. The conclusion thus reached that the procedure followed in this case is so defective as to render null and void the decision taken against the Applicant and to lead the Tribunal to order its rescission is by itself sufficient to dispose of the application and to support the remedial measures which the Tribunal will order. However, since the Tribunal is also empowered to consider the sub stance of the case made by the Bank against the Applicant, it does not wish to leave any impression that, although the disciplinary measures taken against the Applicant are being quashed on procedural grounds, there remains any basis on which the Applicant can still be thought to have commit ted the misconduct alleged against him.63.The Tribunal finds that the Applicant cannot be responsible for a failure to take corrective action as soon as he learned of the removal of the copper when there is no proof that he heard of the matter before May 1, 1991, when there isproof that he reported the matter to his superior, Mr. B, virtually immediately and when there is also evidence that in all likelihood Mr. C had been informed of the matter even before May 1 and within a week or ten days of May 2 and had directed Mr. B to do nothing pending further instructions.
Salary Adjustment
Authors: Amerasinghe C F
Published: November 2023

General i.39. The Applicant appears to claim that the manner in which the various constituent departments of the Bank contributed to her salary and benefits was of importance to her and should have been told to her. The Tribunal finds that, so long as the Applicant was paid regularly and was entitled to such, it is not a ‘condition of employment’ that her Vice Presidential Unit paid 75% (and a centralized Bank fund paid the other 25%) rather than 100%.
Introduction
Authors: Jarvis Malcolm A
Published: November 2023

The decentralized system for the application and enforcement of European Community (EC) law has the result that the national courts are the natural forum for its application. The need to entrust the application of EC law to the national courts of Member States of the European Community is not only a necessity, but also a reality. The volume of national court case law applying the provisions of substantive EC law confirms that the national judge is indeed the ‘juge communautaire de droit commun’.
Reverse Discrimination And Purely National Measures
Authors: Jarvis Malcolm A
Published: November 2023

It has been shown how the ECJ has interpreted Article 34 to conclude that only discriminatory national provisions are prohibited by that Article. Thus, national measures which apply to all goods, irrespective of their destination, do not breach Article 34 even if they impede the ability of national goods to penetrate the markets of other Member States.
Preliminary References to the ECJ under Article 177 EC
Authors: Jarvis Malcolm A
Published: November 2023

The contribution of the procedure on preliminary rulings contained in Article 177 EC to the development of the Community’s legal order is widely recognized and celebrated. Article 177 provides for a mechanism whereby the national courts may, in cases pending before them, refer questions on the interpretation of EC law to the ECJ for a ruling. After the ECJ’s preliminary ruling, the case then returns before the national court where the interpretation of EC law handed down by the ECJ is applied to the facts of the case.
The Classification of Obligations
Authors: Birks Peter
Published: November 2023

This is an important book which explores the classification of obligations. This is a very topical subject since the professions only started requiring Obligations in the compulsory core as recently as October 1995. It is fitting that it is examined here by contributors who are among the best-known writers in this field. The contributions include A New 'Seascape' for Obligations: Reclassification on the Basis of Measure of Damages by Jane Stapleton; Basic Obligations by James Penner; and an essay by Peter Birks himself entitled, Definition and Division: A Meditation on Institutes. These essays combine practical and academic perspectives which usefully highlight contemporary trends in the law of obligations. The book will be a valuable addition to the libraries of all teachers involved in this area of law.
Definition and Division: A Meditation on Institutes 3.13
Authors: Birks Peter
Published: November 2023

In his 1995 Maccabaean Lecture to the British Academy, Professor Peter Stein described the long intellectual struggle to achieve a systematic under standing and exposition of the civil law.
Is There a Future for the Intentional Torts?
Authors: Howarth David
Published: November 2023

The question posed by this Chapter is a simple one: to what extent does it make sense in English law to distinguish between intentional and uninten tional torts? The Chapter assumes that, all other things being equal, the smaller the number of theories of liability the better, since a smaller number makes for greater clarity about the underlying purposes of the law and thus is more likely to provide sustainable answers to novel legal questions. The assumption is driven not just by a desire for elegance, but by the conviction that law will not fulfil its promise of restraining state power by rational argument if it includes an excess of inexplicable distinctions and categories resting solely on authority. We shall therefore assume that there is a presumption against retaining separate heads of liability.
Liberty, Due Process, and the Pursuit of Happiness
Authors: Smull Michael W , Parsley Luciene
Published: November 2023

Adults in our society largely determine their own lifestyle. Within the broad boundaries imposed by law, societal customs, and personal resources, how each person lives is up to that person. Each person considers both what is important to and what is important for him or her and makes decisions with the goal of achieving a self-defined positive balance. For people with significant intellectual disabilities this process has been truncated. What is considered and what determines lifestyle choices is what is important for the person. For those who receive government-funded services, this decision-making process has been largely vested in a group of paid staff, referred to as an interdisciplinary team. The professionals who serve on these teams have had the burden of not only determining what services a person should receive, but also what his or her life circumstances or lifestyle will be. It is time to revisit these responsibilities.
Recognizing Existing Rights and Crafting New Ones: Tools for Drafting Human Rights Instruments for People with Mental Disabilities
Authors: Rosenthal Eric , Sundram Clarence J
Published: November 2023

After years of neglect, there is now a growing interest in drafting new domestic and international human rights laws to protect the rights of people with intellectual and other disabilities. In April 2000, the UN Human Rights Commission adopted Resolution 2000/51 calling for increased international attention to the rights of people with disabilities. The resolution called on governments to improve their own reporting to the UN oversight bodies on the enforcement of rights under current UN human rights conventions, and it called for more active monitoring by UN agencies. On 19 December 2001, the UN General Assembly adopted Resolution 56/168. This historical resolution initiated a formal UN process for drafting a specialized convention on the rights of people with disabilities. Resolution 56/168 did not commit governments to supporting a new convention, but it created an Ad Hoc Committee ‘to consider proposals’ for a convention ‘to promote and protect the rights and dignity of persons with disabilities’. The General Assembly also asked the Ad Hoc Committee to consider the results of a forthcoming study examining the effectiveness of existing human rights conventions and treaty monitoring bodies in protecting the rights of people with disabilities.
Recommendations for the United Nations and International NGOs
Authors: Slye Ronald C
Published: November 2023

At the conclusion of the conference, Should Difference Make a Difference (Yale Law School 1995, see Preface), participants from all corners of the globe recommended courses of action to improve the awareness, protection, and promotion of the rights of persons with intellectual disabilities. Recommendations were created out of three working groups focused respectively on developed countries, developing countries, and the United Nations (‘UN’) and international non-governmental organizations (‘NGOs’). Eric Rosenthal and Clarence Sundram outline the recommendations for developing countries (see Chapter 18 of this volume). Here, I briefly highlight the recommendations that were made to the UN and international NGOs. These recommendations were made in March 1995. Since that time, some progress has been made on a few of them, while others still require much more work.
Italy
Authors: Dallera Giuseppe , Vagliasindi Maria , Vagliasindi Pietro
Published: November 2023

Comparing Italy with other major countries-even only European partners-it is evident that the diffusion of the so-called ‘new media’ and the development of multimedia has been very slow.1 In 1996, despite the uncertain economic situation, the information and communication technology (ICT) market in Italy increased by 7.8 per cent; a good achievement when compared with 7.2 per cent for the EU.2 The most impressive progress relates to telecommunication (TLC) growing at 10.6 per cent, far above the world-wide rate of 3.6 per cent-coming to over £17 billion, while IT has been growing at 4.3 per cent reaching £10 billion, and office products have decreased by 1.2 per cent, maintaining around £1 billion.
Hungary
Authors: Kovats Ildiko
Published: November 2023

criticism of the exclusive concession granted to the Hungarian Telecom company Matav following the ending of the state monopoly telephone service in 1993; fierce competition, mergers and strategic alliances as industry prepares for deregulation of telecommunications within the European Union; recognition of the need for an integrated telecom infrastructure and a fight for dominance of such a structure between telephone, cable, and broadcasting companies; the emergence of commercial radio and television stations and a proliferation of channels, most recently pay-TV and a satellite channel following the establishment of the legal preconditions for independent broadcasting; and the emergence of commercial Internet services.
The United States
Authors: Johnson Peter
Published: November 2023

The last decade in the US has been one of increasing technological convergence in the face of continuing regulatory Balkanization. Under the regulatory regime that existed prior to 1996, neither broadcast TV stations nor telephone companies (telcos) could offer cable TV in their local markets. Likewise, cable companies were prohibited from offering telephony. Except in some major markets, nobody but the local telco could offer local phone service, but the telco itself could not supply long-distance phone service or manufacture telephone equipment. Power companies could offer neither phone nor TV service. By the early 1990s, however, it was evident that communications technologies had so many points of similarity that artificially keeping them apart made no sense.
Australia
Authors: Armstrong Mark , Jordan Trevor , Hudson Michael
Published: November 2023

The current trends in Australia are similar to those throughout the developed world. They include liberalisation, internationalisation, and increasing reliance on competition law to resolve communications, and information industry issues. The main features of the Australian environment are: a very pragmatic policy environment, free of expressed theories and ideologies; the role of distance, both within Australia and in communication with the rest of the globe; a strong emphasis on local media content and a stated reliance on market forces.
Lotteries, Competitions, And Amusements
Authors: Luxton Peter , Hill Judith
Published: November 2023

Although lotteries are regulated by a considerable body of legislation, there is no statutory definition of a lottery. Whether an activity constitutes a lottery is there- fore to be determined by the common law. Case law has established that a lottery is a scheme for distributing prizes by (and only by) lot or chance.If, therefore, competitors can enhance their chances of success by the use of skill, the scheme cannot be a lottery.
Two Paths to Enlightenment: A Two-Track Approach to Regulation
Authors: Gunningham Neil , Johnstone Richard
Published: November 2023

Most regulatory agencies have very considerable discretion in how they choose to operate. This Chapter explores ways of using this administrative discretion to best advantage, to develop innovative, efficient, and effective regulatory strategies. In particular, we examine the implications of adopting a ‘two-track’ approach to regulation. We argue that enterprises should be offered a choice between a continuation of traditional forms of regulation on the one hand (Track One), and the adoption of a SMS on the other (Track Two). The latter will put primary responsibility on employers and workers themselves to find optimal means of reducing occupational injury and disease subject to government and third party oversight, and will involve a partnership between the agency and the enterprise, from which both sides will benefit. However, even in respect of conventional regulation (Track One), we argue that there is scope for considerable effectiveness and efficiency gains, through appropriate regulatory redesign.
The Top of the Enforcement Pyramid: Rethinking the Place of Criminal Sanctions in OHS Regulation
Authors: Gunningham Neil , Johnstone Richard
Published: November 2023

In Chapters 2 and 3 we examined issues pertaining to the design of OHS regulatory standards, particularly the development of systems-based standards. We suggested that enterprises might be encouraged to adopt systems-based approaches to improve their OHS performance through a combination of codes of practice setting out the fundamental principles of such an approach, and a range of administrative, public relations, and other incentives. Some of these incentives touched upon matters relating to the types and severity of sanctions which might be imposed upon offenders who are found to have contravened the obligations set out in OHS statutes.
Bigger Sticks: Tougher and more Flexible Sanctions for OHS Offenders
Authors: Gunningham Neil , Johnstone Richard
Published: November 2023

We began the previous Chapter with a discussion of the purposes of OHS prosecutions at the top of the enforcement pyramid. We concluded that the principal rationale is general deterrence, an instrumentalist, consequentialist, and utilitarian rationale which requires punishment for OHS crime to outweigh the calculated benefits of the crime to those who commit the crime. Deterrence is measured by the likelihood of an OHS duty holder being inspected, prosecuted, and convicted, and the average penalty imposed. We argued that deterrence would be most effective if at the top of the pyramid courts could impose sufficiently large penalties to demonstrate to individual duty holders that punishments outweigh the benefits of OHS crime. we observed that there were theoretical and empirical reasons for suggesting that deterrence would not work for all corporate OHS of icnders, particularly when punishments were confined to financial penalties.
Sectoral Instruments
Authors: Evans Andrew
Published: November 2023

Sectoral instruments may be created as integral elements of common policies for which the EC or ECSC Treaty provides an express basis. They may also be created as responses in Union practice to the needs of ‘growth’ sectors or the problems of declining sectors, such as oil refining3 or wool production. Indeed, in October 1978 the Commission presented the Council with a proposal5 to assist the restructuring of undertakings in any sector where the Council considered assistance appropriate.7 If the employment situation in the region of an undertaking being restructured was sufficiently serious and if jobs had not been found for the labour made redundant, assistance could also be granted for conversion to other sectors. The assistance envisaged could take the form of investment grants or interest rebates on loans.9 However, this proposal was not accepted by the Council.
Designing Environmental Policy
Authors: Gunningham Neil , Grabosky Peter , Sinclair Darren
Published: November 2023

Threats to the environment take many forms. They range from global issues, such as ozone depletion and the enhanced greenhouse effect, to localized matters, such as point-source pollution, toxic waste disposal or agricultural chemical run-off. Just as the causes of major environmental problems are many and various, so too are their solutions. From this we conclude that strategies to address environmental degradation are context-specific. What sorts of policies work will be highly dependent upon the characteristics of the environmental issue under consideration. AB a result, it would be futile to attempt to construct a single optimal regulatory solution that would be applicable to a wide variety of circumstances. Moreover, there are so many possible permutations of instrument and institutional interactions as to make the task of producing a general causal model of relationships between the multiple variables impractical even if problems of context specificity were overcome.
Perspectives on Causation
Authors: Stapleton Jane
Published: November 2023

In this essay I offer a new understanding of the nature of causation and of the nature of legal disputes about causation in particular. Contrary to traditional rhetoric, most of these disputes centre not on a dispute of fact but on competing perspectives on agreed facts. Of the various factors that can affect a person’s choice of perspective in the context of private and criminal law, notions of individual responsibility are central. Legal analysis, particularly in judgments, should confront this phenomenon explicitly. The essay ends by proposing an analytical approach that would facilitate this.
On the Irrelevance of Motive in Criminal Law
Authors: Horder Jeremy
Published: November 2023

Most commentators on the criminal law agree that, with some odd exceptions, motive is generally irrelevant to the criminal law.2 This general ‘rule’ is, however, misleadingly stated. The criminal law is a normative system, a system determining, for the most part, what we ought not to do. That fact inevitably involves the law in selective consideration of the reasons for which we acted. This is simply because whether someone ought not to have done something can turn on the reasons for which they did it.3 Accordingly, putting aside cases of strict liability, wrongdoing is not treated as criminal if done for justifiable or wholly excusable reasons for so acting, even if the range of such reasons is legally very limited. Motives are reasons for action. So, in instances where wrongdoing is only criminal when done for unjustified or inexcusable reasons, some motives-those concerned with justifiable and excusable reasons for action-must, at least in principle, be relevant to liability.
Marshalling Of Securities And The Rights Of Unsecured Creditors
Authors: Ali Paul A U
Published: November 2023

Under English law, unsecured creditors do not have the right to marshall: a creditor who is seeking access to the security held by a senior creditor of a debtor must, itself, be a secured creditor of that debtor.1 Recent developments in the United States of America have attacked the validity of these two principles. The trustee in bankruptcy of the common debtor has been permitted in the United States to marshall the senior security on behalf of unsecured creditors. In addition, the United States courts have permitted unsecured creditors to prevent a junior creditor from marshalling the senior security on the grounds that marshalling would prejudice them. This chapter considers whether these United States developments are capable of being sustained under English law.
Private Enforcement of Competition Law
Authors: Yeung Karen
Published: November 2023

UK competition law has been criticised on various grounds, including the absence of effective means by which private litigants can seek redress through the courts for harm caused by anti-competitive conduct.1 One of the features of the Government ‘s Competition Bill is to confer on those injured by unlawful anti-competitive conduct the right to seek compensation from the perpetrator. The aim of this paper is two-fold: first to examine what, if any, role private actions should play in the enforcement of competition law; and secondly to evaluate the role ascribed to private enforcement under both existing UK competition law and the reform proposals currently before Parliament.
Regulation and Judicial Review: Perspectives from UK and EC Law
Authors: Craig Paul
Published: November 2023

Regulatory competence over any particular substantive area may lie with the nation state, with the EC, or it can be shared between the two. The object of this paper is not to examine the principles which serve to demarcate such competence, nor will any comment be offered on the overall rationality of the present divide. It is rather to consider the implications of the allocation of regulatory power for judicial review and legal account ability. To this end the paper will examine the extent to which the allocation of regulatory power has an impact upon specific topics within judicial review. The inquiry will be explicitly comparative in nature. This is reflected in the arrangement of the material which follows. There will, for example, be a comparative analysis of standing in domestic and Community law and this same format will be applied to the other topics which are dealt with in the paper. It would clearly not be possible to give a detailed examination of all such topics. Such a study could easily occupy a book. The discussion will, nonetheless, focus attention on the principal areas where the allocation of regulatory competence to the state or the Community leads to differences in the application of judicial review.
Transparency, Consistency and Predictability as Regulatory Objectives
Authors: Q.C. John Swift
Published: November 2023

In announcing the Government ‘s review of utility regulation on 30 June 1997, Margaret Beckett, President of the Board of Trade, set out the objectives for the review as follows: The Government ‘s objective for the review is to set a long-term stable framework for utility regulation which is seen as fair by all interest groups involved, particularly by consumers. Without fairness, there can be no long term stability. We want the regulatory framework to deliver value, quality and choice to consumers while providing incentives to managers to innovate and improve efficiency. The guiding principles must be transparency, consistency and predictability of regulation.
Regulation of Price Discrimination and Predation by Dominant Firms: Lessons from the Ofgas ValuePlus Decision
Authors: Ridyard Derek
Published: November 2023

The new competition laws will apply to all UK industry, including the regulated utilities, and these twin developments raise some interesting questions. Once the new competition law is in place, will the specialist utility regulators allow competition in their markets to develop naturally, free from the costs and deadening influence of hands-on regulation? And will the new competition laws guarantee that competition in the energy sup ply market will lead to more efficient economic outcomes? The early skirmishes in the trial areas for competition in the domestic gas market provide some useful clues to the answer to these questions. So do the words and actions of other utility regulators such as Oftel, for whom the need to cope with dominant firm pricing issues is less of a novelty. Moreover, since the new prohibition-based approach to law against dominant firm abuse will have general application throughout the economy, the decisions adopted by the specialist regulators will have wider application for other market-leading firms in unregulated sectors.
Can Competition Law Supplant Utilities Regulation?
Authors: Grenfell Michael
Published: November 2023

Two current developments are removing much of the raison d ‘etre of the utilities regulation regime established in the UK over the past 15 years. They are, first, the extension of competition in the regulated markets and, secondly, the coming of new UK competition legislation which will act as an effective deterrent to abuses of market power and anti-competitive arrangements. These developments will make it less necessary to maintain regulatory controls to prevent abuses of market power in the utility sec tors. However, there will remain a number of functions of utility regulators which neither market competition nor competition laws can replicate in particular, “social “ functions such as ensuring that utilities serve unprofitable rural communities and that disadvantaged sections of the population are protected. Consequently there will still be a need for some form of utility regulation. There may nevertheless be a case for changing the formal structure of the regulatory regime to reflect the new developments.
Efficient Regulation of the Securities Market
Authors: Lindsey Richard
Published: November 2023

Modem securities markets bring together more buyers and sellers than any markets in the past. They fuel growth in the world economy by allowing entrepreneurs to raise capital. They allow investors to participate in that entrepreneurial risk-taking and, as a result, participate in the returns associated with those risks. In short, modern securities markets provide for efficient capital formation and allocation in the economy.
The Development of Legislative Controls
Authors: Haley Michael
Published: November 2023

In the modern and purposive age of statutory interpretation, the antecedents of 1.01 legislation, Hansard, government Green and White Papers and other official pub lications (such as Law Commission Reports) have become crucial. As Lord Griffiths demonstrated in Pepper v Hart: The days have long passed when the courts adopted a strict-constructionist view of interpretation which required them to adopt the literal meaning of the language. The courts now adopt a purposive approach which seeks to give effect to the true purpose of legislation and are prepared to look at much extraneous material that bears upon the background against which the legislation was enacted.
Individual Mobilization and Collective Action
Authors: Tilly Charles
Published: November 2023

The scholarly literature on popular collective action contains plenty of good descriptions and numerous general models, but leaves a gap between the two. Analysts who want to build serious theoretical foundations for the treatment of concrete social movements and real revolutions must work with defective theoretical apparatus, while theorists who start with models must adopt simplified, conventional accounts of well-known events, without developing new insights into the events. While our theories will always gain from new, insightful descriptions, at present we have a greater need for superior models and theories.
American Higher Education: ‘Exceptional’ or just Different?
Authors: Trow Martin
Published: November 2023

In this chapter I would like to discuss some differences between the systems of higher education in the United States and those of other advanced industrial societies. Obviously, there are great difficulties in generalizing to the whole of western Europe and Japan. (I exclude discussion of East European countries since their assumptions regarding the role and functions of education have until recently been fundamentally different from those in the West.) And any generalization to the educational systems of societies as different as Sweden and Japan, Italy and Great Britain, are necessarily very broad and inevitably distort the picture of any particular system. Nevertheless, taken together, the higher education systems of Western Europe and their outposts elsewhere in the world (including Japan) differ enough from that of the United States to throw into bold relief the ‘exceptionalism’, the uniqueness, of the American system.
‘Shamanism’ in Twentieth-Century History
Authors: Humphrey Caroline , Onon Urgunge
Published: November 2023

By now readers may be wondering about the almost perversely archaic content of the shamanic materials I have presented. Here were people in the 1920s and 1930s of this century, within reliable reportage-range of great revolutions and new ideologies. Cars, planes, radios, and telephones were not totally unheard of. Many people knew several languages. Daurs had taken part in wider regional struggles for autonomy from 1912 onwards, and later their leaders were involved in modern schemes to reorganize society along with the Chinese, Japanese, and Mongolians. Yet absolutely none of this appeared overtly in shamanic discourse.
France: National Champions in Search of a Mission
Authors: Cohen Elie
Published: November 2023

The Maastricht Treaty,1 which has included industrial policy amongst the functions of the Commission, the return to big industrial projects in France, the conclusions of the Bergsten commission,2 which were favourable to the defence of high technology companies, and the industrialist plea made by Business Week  3 are placing the question of industrial policy and notably the role of ‘national champions’ back on the agenda. This agreement over the need for an industrial policy seems all the more enthusiastic since it refers to realities that are completely conflicting.
The Political Theory of Federalism The Relevance of Classical Approaches
Authors: Forsyth Murray
Published: November 2023

European integration is a concept that embraces a very wide span of developments and institutions. The central core of the integration process, however, is usually, and with some justification, seen as running from the Schuman Plan through to the Rome Treaty, and from there to the Single European Act and the Maastricht Treaty on European Union. The degree to which this long, uneven process can or ought to be termed a federal one, and the relationship and relevance of federal ideas and practices to it, are matters which have been debated since its very beginning. In this chapter I wish to address certain aspects of this problem again. I wish to argue in particular that the older doctrines of federalism, while in no sense providing a blueprint for integration, do help us to understand what integration is, and to clarify the key issues that confront it now and in the future.
The Distribution Of Welfare
Authors: Little I M D
Published: November 2023

WE have seen that the utilitarians thought it reasonable to speak of a man’s economic welfare as the sum total of his satisfactions which derived from economic causes, and that therefore an increase in his economic welfare was an increase in this total. On the later indifference-curve analysis it no longer made sense to speak of a man’s economic welfare as a definite amount of anything. This view is accepted, because we cannot speak of a zero amount of satisfaction, and we have no unit of satisfaction.
The ‘Optimum’ Conditions Of Production And Exchange (2)
Authors: Little I M D
Published: November 2023

IN the last Chapter it was shown that the ‘ optimum’ conditions rest with varying degrees of plausibility on ‘ individual preferences’. We also showed, for each ‘ optimum’ condition, what prior conditions require to be satisfied if it is to be a good thing to put it into operation. The circumstances under which each ‘ optimum’ condition would be fulfilled in the real world were also stated. Whether or not it would be a good thing to reproduce these circumstances is a question the answer to which depends partly on the plausibility of the theoretical deductions, but also on wider considerations which must now be discussed.
Conception Probability and Pregnancy Outcome in Relation to Age, Cycle Regularity, and Timing of Intercourse
Authors: Spira Alfred , Ducot Beatrice , Guihard-Moscato Marie-Luce , Job-Spira Nadine , Mayaux Marie-Jeanne , Menetrier Jaqueline , Wattiaux Jeanine
Published: November 2023

Fertility regulation and infertility work-ups must take into account various factors which may be related to the components of fecundability. This paper presents the results of four different epidemiological studies and reviews the current state of knowledge about the probability of conception and pregnancy outcome in relation to age (both male and female), cycle regularity, and the timing of intercourse. Spontaneous abortions, congenital malformations, the sex ratio, and twinning are all considered.
Scale and Technical Practice: A Rational Reconstruction
Authors: Scazzieri Roberto
Published: November 2023

Economists describe a production process either (i) as an arrangement of productive operations (or tasks) or (ii) as a mapping of input quantities into output quantities. The former approach was used by a number of classical economists (Smith and Marx in particular) and, more recently, by Nicholas Georgescu-Roegen.1 The latter approach is common to ‘neoclassical’ production theory, activity analysis, and input-output models.
The Disruption of Marital and Non-Marital Unions in Contemporary Sweden
Authors: Hoem Britta , Hoem Jan M
Published: November 2023

In this chapter, we study the extent and structure of the general decline in the stability of marital and non-marital unions in Sweden over the quarter-century between the 1950s and the late 1970s, a period marked by much change in many respects of demographic behaviour. We focus on the event that a conjugal union breaks up and the partners stop living together and use hazard regression techniques to analyse dissolutions among a reasonably large number of Swedish women from all walks of life, taken from the 1981 Swedish Fertility Survey. Our analysis takes into account the fact that a breakup is a terminal event in an observed sequence that starts with union formation and that may also include marriage and child-bearing as well as transitions in other arenas, mainly in the job market and in the educational system. When the majority mode of union formation changes, this is bound to alter the incidence of dissolution. For instance, while Swedes certainly lived in non-marital cohabitation in the late 1950s and early 1960s, the phenomenon did not have much public visibility at that time. This changed quickly in the late I 960s and early 1970s. By the mid- l 970s, the usual way to start a union was to move in together without marriage, and very few married without previously cohabiting. Simultaneously, the consensual union developed into a prevalent institution in its own right, largely replacing the phase when young people used to go steady or were engaged, as well as the early stages of a marriage.
Analysis of Current-Status Data
Authors: Diamond Ian D , Mcdonald John W
Published: November 2023

The methods of survival analysis can be used to study the relationship between explanatory variables and the length of time or duration between one event and a subsequent event. In many areas of research, one variable of common interest is the age at which a certain event or ‘milestone’ occurs. In demography, age at weaning, menarche, first intercourse, first marriage, first birth, sterilization, menopause, and death are studied. There are many examples in other fields where age at which a milestone occurs is studied. For the purposes of exposition we confine ourselves only to situations where the variable of interest is the age at some milestone. In survival analysis, the regression effects of explanatory variables on survival times (age at milestone) are of prime interest. These regression effects are usually studied using two classes of models: the proportional-hazards (PH) model and the accelerated-life (AL) model. The PH model assumes that hazard rates for individuals are in constant ratio over time. The AL model assumes that survival distributions for individuals have the same ‘shape’ but that differences between individual survival distributions are the result of a time-scale change. In other words, individuals proceed across the time axis at potentially different speeds so that one individual has an accelerated life relative to another, slower individual.
Libertarianism
Authors: Haslett D W
Published: November 2023

Indirect utilitarianism is the view that the appropriate standard for evaluating, and thus justifying, normative criteria-norms, values, and standards.---is the utilitarian standard. But, according to indirect utilitarian¬ ism, the utilitarian standard is not the appropriate standard for evaluating the various things (aside from other normative criteria) that are typically evaluated in terms of normative criteria-things such as acts, policies, and social institutions. A lawyer whose practice consists of giving advice not to laymen, as most lawyers do, but to other lawyers who are working on unusually difficult cases is known as a ‘lawyer’s lawyer’. Similarly, the utilitarian standard is, according to indirect utilitarianism, a ‘normative criterion’s criterion’.
Central-Planning Socialism
Authors: Haslett D W
Published: November 2023

As I write, great changes in economic systems throughout the world are occurring. Advocates of central-planning socialism are clearly on the defensive. Yet many people still believe that current capitalism has serious moral deficiencies. Some still believe that only central-planning socialism can overcome these deficiencies and, therefore, deserves our support. To what extent are these beliefs true? From a moral perspective, how exactly do central-planning socialism and current capitalism compare with one another? These are the questions I shall address in this chapter.
Worker Control
Authors: Haslett D W
Published: November 2023

With capitalism, ordinary working people—assembly-line workers, low¬ level, dead-end white-collar workers, manual labourers, hired sales clerks, and so on-must bear a triple burden. First, as compared with those in more glamorous occupations—doctors, lawyers, engineers, executives, entrepreneurs, professional athletes, entertainers—ordinary working people are paid very little. Secondly, ordinary working people have relatively little social prestige. Third, as compared with those in more glamorous occupations, ordinary working people suffer from work that offers little satisfaction. The work that those in more glamorous occupations do, although difficult, is nevertheless often exciting, challenging, even fun and, in general, personally satisfying. But the work that ordinary working people do is exhausting, often dirty, almost always excruciatingly boring, and, in general, unsatisfying. In fifteen years of research on job satisfaction, Stanislav Kasl (1977) found that the conditions conducive to the low job satisfaction of ordinary working people include a lack of control over work; inability to use skills and capacities; highly fractionated, repetitive tasks involving few diverse operations; and no participation in decision making (Kasl 1977; for more on job satisfaction, including a discussion of the accuracy of Gallup polls on ‘satisfaction at work’, see Kahn 1972). Many years of working under these conditions may even have an effect upon mental health. A study of automobile assembly-line workers, for example, found that about 40 per cent suffered from a significant mental-health problem, and only 18 per cent could be said to have ‘good mental health’ (Kornhauser 1965).
Event History Analysis in Demography
Authors: Courgeau Daniel , Éva Leliévre
Published: November 2023

This book provides a review of the techniques of event history analysis in demography. During the 1970s, the amount of reliable data made available as a result of surveys increased enormously. At the same time, statistical and computational techniques developed to allow the new data to be handled. This first expositive treatment of the subject gives a detailed presentation of the techniques of event history analysis. It provides not only a thorough description of models, but also a theoretical presentation of this new research path without losing sight of the underlying application to population dynamics.
Methods of Estimation of Parametric Models
Authors: Courgeau Daniel , Éva Leliévre
Published: November 2023

In the previous chapter, we discussed various parametric models and showed the preliminary analyses that make it possible to choose a model adapted to the data. In this respect, it is very useful to break down the whole population into sub-populations for whom the various characteristics do or do not apply. Let us now suppose that one of these models has been chosen. It is then necessary to estimate the various parameters of the model, as well as the coefficients to be applied to the characteristics, in order to represent the full data-set with greater accuracy. An estimate of the variance of these parameters or estimated coefficients should also be available, as well as their covariances between these parameters, in order to be able to carry out a certain number of tests. It is useful, for example, in the case of a multiplicative model, to check whether the effect of a characteristic is markedly different from the unit-that is, whether or not this characteristic influences the phenomena being studied. It is also useful to compare the effects of several characteristics. When identical, these effects can be replaced by a single characteristic. Thus, for instance, if the fact of being married, widowed, or divorced influences the probability to migrate in the same way, these three characteristics can be replaced by a single one-the fact of not being single any longer.