bluuebunny/crossref_metadata_2025 huggingface dataset:
The Debate over Codification
Authors: Lobban Michael
Published: November 2023

The all-important subject of Judicial Reform’, declared the Edinburgh Review in 1830, ‘has, of late years, happily occupied the almost undivided attention of thinking men, in every part of the country. ‘ Law reform was the great cause, and, to many, it seemed that Bentham had initiated it, by exposing the faults of the common law. As Henry Brougham put it, ‘the age of law reform and the age of Jeremy Bentham are the same’.
Prisons, Prevention, and Privatization
Authors: Windlesham Lord
Published: November 2023

When the Leeds Castle seminar was charting the future in September 1987, the remand population in England and Wales stood at 11,655 untried and unsentenced prisoners, including those held in police cells. Of these 11,227 were male and 428 female, with somewhat more than two-thirds (7,944) aged twenty-one or over, and 3,711 under twenty-one. If bail is refused, the case must come back before the court, normally at intervals of not less than eight days, until it is disposed of by the Magistrates’ court or committed for trial at the Crown Court. To reduce the often lengthy periods spent in custody awaiting trial, time limits were introduced in October 1991 of fifty-six days from first appearance to trial in the Magistrates’ court, and seventy days from first appearance before the magistrates to committal to the Crown Court.
Life Imprisonment: A Sentence Nobody Can Understand?
Authors: Windlesham Lord
Published: November 2023

The mandatory penalty of life imprisonment, denying the trial judge any sentencing discretion when an accused person is found guilty of murder, replaced the mandatory death penalty more than a quarter of a century ago. Overshadowed by the great debate on the morality and expediency of capital punishment, the form of the alternative penalty for the crime of murder was not widely discussed. It was, however, raised in the House of Lords, and the Lord Chief Justice of the day, Lord Parker of Waddington, although previously a supporter of capital punishment, argued against an inflexible penalty of life imprisonment which the sentencing court was bound to impose irrespective of the circumstances leading up to the crime. When the abolition bill was in Committee in the Lords, Parker pressed the point and narrowly carried an amendment giving the trial judge discretion to mark the gravity of the offence and signify the public feeling of revulsion by passing whatever sentence, whether determinate or indeterminate, he believed to be necessary after having taken account of any mitigating or aggravating factors.
Introduction
Authors: Kelly P J
Published: November 2023

The standard criticism of utilitarian theory in the recent literature is that it cannot provide an adequate account of individual rights and entitlements, and therefore fails to accord due respect to persons. This criticism is not new, but has recently been given a significant restatement in the writing of John Rawls. Rawls argues that utilitarian moral theory adopts the model of individual prudential rationality as the framework for rational social choice. Therefore, just as the individual agent can discount various present satisfactions in favour of future well-being, so it is argued the utilitarian legislator or the impartial spectator can discount the interests of some individuals in favour of the interests of others. Against this Rawls argues that individual agents are unique autonomous sources of value which cannot be discounted against one another. Underlying his argument is an intuitive belief in the moral priority of persons and their rights over any conception of social welfare or well-being. Consequently, Rawls argues that utilitarian moral theories cannot make sense of distributive justice because they are concerned with maximizing overall benefits irrespective of how they are distributed.
Subsistence, Abundance, and Equality and the Conditions of Stability
Authors: Kelly P J
Published: November 2023

Al Though security enjoys a primary role within Bentham’s theory of justice, he also acknowledged three other sources of utility which ought to concern the legislator in his construction of a utilitarian principle of right. The last chapter explained the importance of security of expectation within Bentham’s political morality, this chapter, by concentrating on the objects of subsistence, abundance, and equality, will show that Bentham’s conception of security of expectation does not entail only negative rights, that is, rights not to be interfered with in certain crucial respects. It will be argued that subsistence and equality incorporate positive rights or rights to certain specific benefits into Bentham’s distributive principle by connecting these rights with the essential conditions for a stable social order, and thus security of expectation. This is consistent with an interpretation of Bentham’s benefit theory as a version of an interest theory of rights. It will become clear that Bentham’s theory of rights, where the benefits are specified in terms of the protection of the conditions of personal continuity and coherence and interest formation, is closer to contemporary interest¬ based theories than is recognized by most commentators. Given the utilitarian principle underlying Bentham’s principle of justice, there are no a priori reasons why he should be concerned solely with negative rights which protect the individual from interference.
The Security-Providing Principle
Authors: Kelly P J
Published: November 2023

The emphasis placed in the last two chapters on the importance of securing expectations and maintaining social stability as the conditions of maximizing social well-being, appears to give Bentham’s argument a conservative character. However, to see his political morality in this light would be a grave error for he was not simply concerned with social stability as such (though in times of crisis he preferred the stability of the social order however conceived to the threat of anarchy), but rather with the stability of a pattern of expectation which provides a framework of certainty within which each individual can secure his own conception of well-being.
Unfinished Business: Integrating Equity
Authors: Beatson J
Published: November 2023

Forty years ago, in his important Rosenthal Lectures,1 Professor Dawson showed that the prevention of unjust enrichment as a distinct and independent principle tends to be recognized late in the development of any legal system, after provision has been made for the primary institutions through which society is organized. It has to struggle for a place in the legal firmament because, as a latecomer, ‘it cuts across other principles already expressed in doctrines and reinforced by rules’.2
What is a Medical Decision?*
Authors: Kennedy Ian
Published: November 2023

It is a distinct honour and privilege to deliver this year’s Astor Lecture, an institution created to honour the memory of Viscount Astor and his benefaction to the School. I was kindly warned by the Dean that my audience would range from eminent doctors to beginning medical students to interested non-medical observers. I have tried to respond to this warning by choosing a topic on which we all have our views. If I can reciprocate and issue a warning myself, it is to remind you that I am a lawyer. You need to be warned of this, not only so that those of you who have previously fallen foul of lawyers may reach for your hypertension tablets or switch off your hearing-aids, but also because, since I am an outsider, I may say things which are rarely heard in the hurly-burly of medical life.
A Husband, a Wife, and an Abortion*
Authors: Kennedy Ian
Published: November 2023

It is rare that a completely novel issue falls for determination by the High Court. Patonv. Trustees of BPAS  I was just such an occasion. It fell to Sir George Baker P., sitting as an additional judge of the Queen’s Bench Division in Liverpool. A husband petitioned the court to enjoin the British Pregnancy Advisory Service and his wife from terminating her pregnancy by abortion. The wife was pregnant by her husband, but wished to have an abortion despite his opposition. Counsel for the husband conceded the novelty of the claim. At the end of counsel’s submission, Sir George Baker P. held that the ‘claim for an injunction is completely misconceived and must be dismissed’. In his short judgment, he brushes aside the legal arguments made on the husband’s behalf. Indeed, it is a classic English common-law judgment, long on common sense and respect for the realities of life and short on the various tempting nice points of law.
The Doctor, the Pill, and the 15-year-old Girl*
Authors: Kennedy Ian
Published: November 2023

In this article I shall investigate the ethical and legal implications of prescribing oral contraceptives to young girls. This is a matter both of topical interest and of great concern. It is part of a wider debate about the relationship between parents and their children, particularly in their dealings with others. I have chosen to examine it here, however, because, in addition to its intrinsic importance, it is an issue which demonstrates how law and moral philosophy may intersect and interact with medicine.I hardly need to say that this is an issue on which people have strongly held views. My aim here is to present a scheme for understanding and analysing the problems involved, and to explore ways of arriving at answers. Since the answers must be ones we can live with, this will also mean, of course, that I shall have to explore the implications of some of the answers that others advocate.
The Moral Status of the Embryo*
Authors: Kennedy Ian
Published: November 2023

You cannot put genies back into bottles. You can, however, try to make sure that the genies do not go around granting any old wish. You can give the genies some rules.In vitrofertilization, as a method of dealing with infertility, is probably here to stay. But we can still, just about, ask whether the possibilities created by IVF should become practice. I say ‘just about’ because theory is becoming reality with great rapidity, and reality has the habit of becoming practice. ‘The thrust of scientific curiosity in laboratories seems to be outpacing Society’s ability to ask questions’ is how the Timesleader of 24 May 1984 put it.
R.v. Arthur, Re B,and the Severely Disabled N·ew-born Baby*
Authors: Kennedy Ian
Published: November 2023

Legal cases involving medical-ethical issues are few and far between. There has suddenly been a flurry of court cases, however. This is an unusual development. It may reflect the lack of clarity felt by many about what conduct is ethically and legally justified, and the need for guidance. It may also reflect the increased visibility of medical-ethical problems: the more people become aware of the existence and complexity of such problems, the less they can be resolved by private arrangement. R.v. Arthur,decided in November 1981, was concerned with the treatment of a new-born baby with Down’s syndrome, as was Re B.I shall also mention at the end R.v. Reed,3a case concerned not with new-born babies but with the controversy over euthanasia.
Further Thoughts on Liability for Non-observance of the Provisions of the Human Tissue Act 1961*
Authors: Kennedy Ian
Published: November 2023

The law regulating the removal of tissue from human corpses for the purposes, inter alia,of transplantation is found in the Human Tissue Act 1961. This statute has attracted, particularly since the mid-1960s, regular critical comment and demands for its reform. The principal focus of attack has been on the provisions of section 1(2), wherein it is provided that:The person lawfully in possession of the body of a deceased person may authorise the removal of any part from the body for use for the said purposes [therapeutic purposes or for purposes of medical education or research, s. 1(1)] if, having made such reasonable enquiry as may be practicable, he has no reason to believe (a) that the deceased had expressed an objection to his body being so dealt with after his death, and had not withdrawn it; or (b) that the surviving spouse or any surviving relative of the deceased objects to the body being so dealt with.
The Check-out: A Humane Death?
Authors: Kennedy Ian
Published: November 2023

The technical accomplishments of modern medicine mean that doctors can often save the life of someone who in previous ages would have died. Consequently, the doctor may appear to play the role of God, the giver and taker of life.In ‘The Check-out’, lawyer Ian Kennedy investigates the moral and legal problems created by a group of doctors striving to use the ultimate in medical technology to keep a man alive. Finally, the patient himself asked that the doctors kill him: they did so-through a drugs overdose.
Switching Off Life-support Machines: The Legal Implications*
Authors: Kennedy Ian
Published: November 2023

In this paper I am concerned with whether the termination of the use of artificial ‘life-support’ machinery on which a person is being maintained (particularly a ventilator) ever involves a violation of the criminal law amounting to homicide. I shall discuss three situations in which the issue is typically presented: the much publicized, widely known case of the unconscious, dying patient connected to a ventilator; the case of the chronically dependent, conscious patient whose condition is stable-for example, a polio victim; and the temporarily dependent, emergency patient.
Reasonable Care
Authors: Teff Harvey
Published: November 2023

Though more and more medical disputes are reaching the courts, English law still essentially allows doctors to set their own standards. Criticism of this stance, as of medical paternalism itself, centres on the denials of patients' rights. But the interest that patients have in their well-being should not be expressed exclusively through the assertion of rights. Unqualified self-determination and the moves towards contractualism in the restructured NHS may be detrimental to patient welfare. A collaborative approach to medical care can offer distinctive therapeutic advantages as well as due respect for patient autonomy. Increasingly, patients wish to be involved in decisions about their treatment. In the key legal area of liability for negligence it would be consistent with legal principle, and with developments in other jurisdictions, to accord less weight to customary practice and more to patients' reasonable expectations. This book offers a sustained treatment of these issues, primarily as they arise in the hospital setting, but looking too at a range of therapies in different contexts. As such it provides a unique analysis of the central areas of medical law written in a fashion that will be appealing to anyone with an interest in medicine, health care and the law.
Providing Reasonable Care
Authors: Teff Harvey
Published: November 2023

The healing relationship in which doctors and patients are ideally involved has to take account of what doctors can in practice deliver, given the internal constraints and external pressures to which they are subject. If one thing is clear about medical treatment, it is that we would prefer to receive it from doctors than from bioethicists, health economists, or lawyers. The effectiveness of any proposed change in the way medical relationships are conceived, whether legally mandated or promulgated by official bodies within the profession, is heavily dependent on the co-operation of individual practitioners. This is far more likely to be forthcoming if they are genuinely persuaded that proposals can be justified in therapeutic terms. One does not have to be as protective of doctors as Lord Denning was to recognize that the quality of medical care will suffer if those engaged in the highly practical activity of providing it have no faith in what they are doing; if they are required to modify tried and tested routines in ways which they think of as unhelpful to patients and, perhaps, as constituting an implicit challenge to their professionalism and the core values of their calling.
Conclusion
Authors: Gordley James
Published: November 2023

Twice, philosophy has transformed the work of jurists. In the sixteenth century, the late scholastics reorganized Roman law around concepts taken from Aristotle and Thomas Aquinas. Contract law acquired a systematic doctrinal organization for the first time. In the seventeenth century, the founders of modern critical philosophy called into question the concepts on which the late scholastics had built. For a long time, jurists preserved their doctrines while distancing themselves from the Aristotelian and Thomistic philosophy that had inspired them. Eventually they reworked these doctrines by eliminating the concepts of which modem philosophers had disapproved. The results were the will theories of contract.
Status
Authors: Muntarbhorn Vitit
Published: November 2023

The status of refugees is conditioned by differing perceptions of the basic question ‘who is a refugee?’ and of the rights accruing to refugees. The position is influenced by the international law on the issue, but, as this chapter illustrates, there are many grey areas which are unsettled.
Japan
Authors: Muntarbhorn Vitit
Published: November 2023

Japan consists of four major and many smaller islands in North¬ East Asia. This country of over 125 million people is densely overcrowded in terms of space, but its economic development is well known, despite shortage of land and natural resources. The image of Japan as projected to the general public is one of dynamism and Western orientation. This has not always been so. Historically, Japan was closed to the outside world until the middle of the nineteenth century. It was in 1853 that US warships arrived in Japan during the Tokugawa period to demand that Japan open its doors to the West.
Appraisal
Authors: Muntarbhorn Vitit
Published: November 2023

In retrospect, the three countries studied in Part Two provide key examples of the reception of refugee law at the national level, in particular the impact of the refugee instruments themselves. The lack of implementing legislation in both China and the Philippines raises questions concerning the effectiveness of these instruments at the local level. Are these countries committed to abiding by these instruments or are they merely paying lip service to them? In the case of Japan, which has implementing legislation, the juxtaposition of immigration law and refugee law embodied in its Immigration Control and Refugee Recognition Act seems anomalous, in that they cater for two different categories of people. The former deals with aliens who are protected by their country of origin, while the latter relates to aliens who are not protected by their country of origin. Yet, there is a thin line between the two laws: a person classified as a refugee falls under the protection offered by refugee law; otherwise the applicant may well fall under immigration law, with all the consequences of immigration restrictions, including deportation to the country of origin or elsewhere.
Appraisal
Authors: Muntarbhorn Vitit
Published: November 2023

The country profiles of Part Three demonstrate the attitudes of some key first-asylum countries in the South-East Asian region. Practice indicates policies which vary according to the groups of asylum-seekers and their time of arrival. Those without ethnic links with the first-asylum country are likely to be treated as lower priority than those with ethnic links.
The American Tort Process
Authors: Fleming John G
Published: November 2023

The American tort system is a unique system in that it possesses many characteristics about which very little is known in the UK, or in Europe. Professor Fleming, a world-famous legal scholar who specializes in tort, has had the opportunity of observing at first-hand the operation of the tort system in many jurisdictions throughout the world. He brings that experience to bear in a penetrating account of the singular way in which the American tort system has evolved and works today.
Legal Costs
Authors: Fleming John G
Published: November 2023

The basic rule prevailing in most countries outside the United States is that the losing litigant must pay not only his own legal costs but also those of the winner, and that such costs include the winner’s attorney’s fee as well as court fees. In Europe this rule can be traced back to Roman origins in the later Empire, but is shared also by English law, where its origins are more obscure. In detail the rules vary considerably from one country to another, on such aspects as grants of discretion, exceptions on grounds of fraud, vexation, delay, or other misconduct, or on grounds of poverty. In some countries fees are officially regulated, in others like England they are freely negotiated between lawyer and client, subject however to taxation by a court official in claims for reimbursement from the losing party.
The Oxford Encyclopaedia of European Community Law
Authors: Toth A G
Published: November 2023

This is the third of three self-contained volumes, making up the Oxford Encyclopaedia of EC Law, a major reference work on the law of the European Community/Union. The first of its kind in any language, it provides an authoritative guide to the interpretation of Community law. The first volume covered Institutional Law, and the second the Law of the Internal Market. This final volume focuses on competition law and policy, with separate entries devoted to competition law in specific business sectors, and other significant areas of competition law, such as exclusive agreements, merger control, state aid, and vertical agreements. A new edition of the volume of the Encyclopaedia covering Institutional Law (first published 1991) will be produced once the fate of the European Constitution has been decided. The entries are arranged alphabetically, and each entry begins with a short definition of a term or concept, followed by a longer and more detailed explanation. The definitions and explanations are based on the Treaties and the legal acts of the institutions (secondary legislation), as interpreted in the extensive case-law of the European Court of Justice and the Court of First Instance, to which full references are made in the text. The book is thoroughly cross-referenced, and each entry is followed by a reading list to facilitate further research. The volume thus contains a comprehensive and detailed coverage of its subject, reflecting the authoritative interpretation of Community law by the Community Courts. There is a full list of entries at the beginning of the volume guiding the reader to the relevant term or concept, making the book easily accessible. There are comprehensive tables of cases, Treaties, international agreements and secondary legislation, plus an Index to the entire volume. Prepared by a team of experts in the field of EC/EU law and competition law and policy, the volume will serve both as a reliable tool for practitioners looking for an authoritative and up-to-date explanation of a subject supported by an extensive citation of cases, and as a starting-point for advanced students or academics wishing to carry out further research in this area of the law.
D
Authors: Toth A G
Published: November 2023

One of three forms of co-operation between undertakings (the other two being: agreements and concerted practices) which are prohibited under Art. 81(1) EC insofar as they may affect trade between Member States and have as their object or effect the prevention, restriction or distortion of competition within the common market. The reason for the inclusion of associations in the prohibition laid down in Art. 81(1) is that undertakings can enter into anti-competitive arrangements not only directly (i.e. by means of agreements and concerted practices) but also through the involvement of their associations. A decision or any other measure taken by an association can easily be used as a substitute for an agreement or a concerted practice between its members for the purpose of co-ordinating their market conduct. If such a decision or measure were not prohibited, undertakings could escape the application of Art. 81(1) altogether (see the opinion of A.-G. Reischl in Cases 209/78 etc. Van Landewyck v. Commission [1980] ECR 3125 at p. 3311 (‘FEDETAB’ cases); see also 24th Comp. Rep. (1994), p. 100). For the above reasons, both the concept of ‘association of undertakings’ and that of ‘decision’ have been broadly interpreted by the Commission and the Community Courts, in the same way as the concepts of ‘agreement’ and ‘concerted practice’ have been broadly interpreted.
F
Authors: Toth A G
Published: November 2023

One of two kinds of penalty (the other being a periodic penalty payment) which the Commission may impose on undertakings and associations of undertakings in the field of general EC competition law, i.e. under Arts. 81 and 82 EC (see Arts. 23 and 24 of Council Reg. 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty, OJ 2003 L1/1, which replaced Arts. 15 and 16 of Council Reg. 17, First Regulation implementing Articles 81 and 82 of the Treaty, OJ Sp. Edn. 1959–62, p. 87, as from 1 May 2004). Arts. 23 and 24 of Reg. 1/2003 also apply to competition in the transport sector (which was governed by special provisions prior to 1 May 2004), but separate rules apply in the field of merger control (concentrations) (see further under Competition in transport, Merger control procedure, Periodic penalty payment).
I
Authors: Toth A G
Published: November 2023

Agreement between undertakings whereby the parties agree to exchange information, either directly between themselves or through a central agency acting as an intermediary, on quantities of goods which they produce and sell, prices, discounts and other terms of business, and on their suppliers and customers. Depending on how the information is collated and passed on, a distinction can be made between agreements which are for purely statistical purposes and those which identify individual undertakings. Information agreements do not necessarily have an anti-competitive object and are not therefore per se contrary to Art. 81(1) EC. In practice, the Commission has drawn an important distinction between information exchange systems which are neutral with regard to competition and those which are likely to affect competition, although admitting that such a distinction is not easy to make (see the Commission’s Notice of 29 July 1968 on co-operation agreements, JO 1968 C75/3, corrigendum at JO 1968 C84/14, point II(1); replaced by Commission Notice containing Guidelines on the applicability of Article 81 of the EC Treaty to horizontal co-operation agreements, OJ 2001 C3/2. The Guidelines do not deal with information agreements). The Commission has also laid down three main criteria to be taken into account in assessing the compatibility of information agreements with Art. 81(1) EC (see 7th Comp. Rep. (1977), pp. 18–21). These are as follows: First, the type of information exchanged. Generally, the Commission has no objection to the exchange of collated statistical information between national trade associations, either directly or through a reporting agency, which contains production and sales figures for the industry in question, provided that the breakdown of data by product, country and period of time does not enable the competitive behaviour of individual undertakings to be identified. On the other hand, the Commission will regard as prohibited practices organized exchanges of individual data concerning individual firms, such as figures on quantities produced and sold, prices and terms for discounts, general terms of sale, delivery and payment, etc. The Commission takes a particularly strict view of regular communication to the central agency of invoices or other information on individual undertakings which normally constitutes trade secret and is not required for the preparation of periodical statistics.
L
Authors: Toth A G
Published: November 2023

The Commission has taken a pragmatic approach towards co-ordination. Regardless of the presence of one, various or even all the undertakings concerned in the same market, the Commission ultimately analyses the interaction between the different geographic areas in which the undertakings concerned operate, the specifi c characteristics of each of them, and the natur and importance of the activities of the undertakings.
M
Authors: Toth A G
Published: November 2023

One of various types of agreement between undertakings which are prohibited by Art. 81(1) EC as being incompatible with the common market since their ‘object or effect’ is the prevention, restriction or distortion of competition. Thus, Art. 81(1)(c) expressly prohibits agreements which ‘share markets or sources of supply’, while Art. 81(1)(b) prohibits those which ‘limit or control production, markets, technical development, or investment’. Market-sharing is equally prohibited when it results not from a formal agreement but from a concerted practice between undertakings or from a decision by an association of undertakings. In fact, the form of collusion is largely immaterial, and in many cases the three different forms of prohibited co-operation overlap and are used in combination with one another to achieve the desired objective (see below, and see further under Agreement between undertakings, Concerted practice, Decision by an association of undertakings). For this reason, in this entry the term ‘marketsharing agreement’ normally includes market-sharing decisions and concerted practices as well.
N
Authors: Toth A G
Published: November 2023

Clause in a contract whereby one of the parties undertakes not to compete directly with the activities of the other. Such a clause is not per se prohibited by Art. 81(1) EC, but its compatibility with that provision depends on whether or not it has a beneficial effect on competition. In Case 42/84 Remia v. Commission [1985] ECR 2545 at pp. 2571–5, the ECJ held that a non-competition clause incorporated in an agreement for the transfer of an undertaking in principle contributes to the promotion of competition because it leads to an increase in the number of undertakings in the market concerned. It protects the buyer against competition from the seller who, with his detailed knowledge of the transferred undertaking, would be in a position, in the absence of such a clause, to win back his former customers and thus drive the buyer out of business. However, in order to have such a beneficial effect, the clause must be necessary to the transfer of the undertaking concerned and its duration and scope must be strictly limited to that purpose. Thus, the Court agreed with the Commission that in the case before it the prohibition on competition for a period of ten years was excessive and that only a duration of four years was objectively justified. Beyond the four-year period, the non-competition clause in question came within the prohibition laid down in Art. 81(1).
S
Authors: Toth A G
Published: November 2023

A distribution arrangement under which all dealers admitted to the supplier’s distribution network agree not to resell goods to dealers outside the network. Its usual commercial purpose is to allow the supplier to maintain control over the distribution chain through which its products reach the final user. The legality under competition law of contracts making up a selective distribution system depends on the terms of the contracts and on the market environment in which the system operates. The most common concern is that the agreements may infringe Art. 81 EC, but Art. 82 EC may also be relevant if the parties have substantial market power (see further under Abuse of a dominant position). A selective distribution system to which dealers are admitted on the basis of objective and qualitative criteria will usually not infringe Art. 81, unless there are many such systems in the market. If there are many such systems, or if the system is not based on objective and qualitative criteria, and the restrictions cannot be justified on the basis of efficiency gains relating to the specific type of goods concerned, the selective distribution system may infringe Art. 81 and be illegal and unenforceable.
T
Authors: Toth A G
Published: November 2023

An agreement or licence by which one party grants another party the right to exploit its technology right, which may be an industrial or intellectual property right, or certain other valuable technological information. Like all commercial agreements, technology transfer agreements are potentially subject to Art. 81 EC, and all the general rules of application of Art. 81 apply to such agreements. Similarly, if their use constitutes abuse of a dominant position they may infringe Art. 82 EC (see further under Abuse of a dominant position). The fact that intellectual property (IP) laws grant exclusive rights of exploitation does not make their exercise immune from the application of competition law (Cases 56/64 etc. Consten and Grundig v. Commission [1966] ECR 429). However it does influence the analysis of licence agreements, in that such agreements generally tend to reduce the impact of these exclusive rights on competition and therefore to have a positive effect on competition in the market. The Community Courts and the Commission recognize that the ability of the holders of IP rights to exploit those rights is of fundamental importance in stimulating and rewarding innovation, and consider that many licence agreements do not infringe Art. 81(1).
Introduction
Authors: Wheeler Sally
Published: November 2023

THE traditional view of the law, expressed in leading textbooks, particularly in the commercial arena, is of a doctrine which is certain and has a separate reified existence. This view of law is by no means confined to legal academics. Weber talks of a formally rational legal system in which legal propositions are connected together to constitute a seamless system of rules. Within this system cases can be analysed and decided in terms of their legally relevant facts. Weber contends that a predictable, consistent set of laws is essential in the commercial arena if capital is to develop.
The Role of the Legal Profession
Authors: Wheeler Sally
Published: November 2023

THE two previous chapters examined in an ethnographical way the processing of reservation of title claims. This chapter focuses on the role of the legal profession within reservation of title claims negotiation. It examines the level of involvement of lawyers. It also focuses on the lawyer-client relationship and who controls that relationship. The idea of strata within the profession is examined and empirical examples used to illustrate it. Tables 6.1 and 6.2 indicate the level of involvement of the legal profession.
Introduction
Authors: Robins David
Published: November 2023

Once a group of young people had a vision —to transform their poor, divided community. But the vision was tarnished by harsh realities —violent feuds and factional strife, a chaotic local authority, ineffective and contentious community organizations, and youth involved in networks of criminality. ‘Construction not destruction’ was the unofficial motto of The Center, a community project which courageously tried to live up to its visionary promise. In the following chapters, a portrayal of patterns of crime among young adults is structured around the story of this and other neighbourhood organizations.
The Satellite
Authors: Robins David
Published: November 2023

‘Welcome To Soweto’ –so read the stickers that festoon a dank, communal stairway in one of the six greying tower blocks that comprise the Satellite Estate. Each block contains some 160 apartments. There are also seven medium-sized blocks containing 652 living units, and 171 three-storey terraced maisonettes. Community leaders often assert, and the impressionistic evidence supports them, that this neighbourhood contains one of the highest concentrations of people of African-Caribbean descent in the United Kingdom and Europe.
Bad Boys
Authors: Robins David
Published: November 2023

YOUTH crime on the Satellite Estate during the early 1980s was rarely a matter of residents being systematically terrorized, caught in the crossfire of drug-trade-motivated inter-mob rivalry, as is common in the United States, and has started to occur in some of the inner cities of the United Kingdom. Instead the picture is of small gangs, some of whose members are as young as 12, engaged in various kinds of petty crime.
The Group
Authors: Robins David
Published: November 2023

On the Police Station wall hangs a photograph of a group of youths. Underneath is scrawled the caption ‘THE LOCAL MAFIA’. In 1980 these young men had just been released from prison. But, on returning to their area, they faced a different kind of reception. They were invited by Robert Walsh, a young, dynamic, and innovative Council Community Development Officer, to act as consultants to a report on the realities of life on the estate where they had been brought up, the Satellite.
False Dawn
Authors: Robins David
Published: November 2023

The Center had been planned and developed under Lincoln Fredericks’s often controversial leadership over a period of seven years and at an estimated cost in both public and private charitable funds of £6 million. The development mainly took place in association with the local authority, but considerable financial support had also been forthcoming from a number of other agencies, including the Home Office, the Sports Council, the Manpower Services Commission, the European Social Fund, and numerous private charitable organizations. Despite its chequered history, the project had received considerable assistance from these agencies, most of whom recognized the risks involved, but had continued to back what they saw as a genuinely grass-roots and original initiative. In 1988 it seemed as though the sponsors’ confidence had finally been justified, when the largest and most ambitious black com¬ munity-managed project in Europe was officially opened by the Prince of Wales, accompanied by the Home Secretary and the Com¬ missioner of Police. They had all been enthusiastic supporters of the project. The Prince of Wales, in his speech to some two-thousand invited guests, described The Center and its founders as a symbol of what a group of enterprising young people from the inner city could do to help themselves and their community.
Pornography, Civil Rights and Speech
Authors: Mackinnon Catharine A
Published: November 2023

Substantively considered, the situation of women is not really like anything else. Its specificity is due not only to our numbers—we are half the human race—and our diversity, which at times has obscured that we are a group with an interest at all. It is, in part, that our status as a group relative to men has almost never, if ever, been much changed from what it is. Women’s roles do vary enough that gender, the social form sex takes, cannot be said to be biologically determined. Different things are valued in different cultures, but whatever is valued, women are not that. If bottom is bottom, look across time and space and women are who you will find there. Together with this, you will find in as varied forms as there are cultures, the belief that women’s social inferiority to men is not that at all, but is merely the sex difference.
Exploring the Relationship Between Information Technology and Organizational Structure
Authors: Sampler Jeffrey L
Published: November 2023

Over thirty-five years have passed since academics began speculating on the impact that information technology (IT) would have on organizational structure (Leavitt and Whisler 1958). The debate is still on-going, and both researchers and managers continue to explore the relationship between IT and organizational structure. This relationship is becoming increasingly complicated by both the rapidly changing nature of IT and the increasing environmental turbulence faced by many organizations. As organizations need to process more information under these uncertain conditions, IT is one possible way for organizations to increase their information processing capability. However, other, more organizational tools are also at their disposal for processing more information. These include task forces, lateral relationships, self-contained work groups, and slack resources (Galbraith 1973). Thus, the relationship between IT and organizational structures is not a simple one.
Foreword
Authors: Earl Michael J
Published: November 2023

When this volume’s predecessor was published, terms like ‘strategic information systems’ and ‘IT for competitive advantage’ were very much central to the hype of IT in the 1980s. Many managers since have become cynical and sceptical about the strategic potential of information technology, partly because it always seemed to pc the same case studies that were presented on how firms could and should discover strategic advantage in IT. Information Management: The Strategic Dimension started to correct some of this naivety, but did not doubt that IT was a strategic matter.
Foreword
Authors: Earl Michael J
Published: November 2023

In the l 980s the IS function grew rapidly in many organizations, sometimes becoming the largest function in information-intensive firms. In the 1990s economic, technological, and organizational factors are combining to change the shape of the function and to often lead to ‘downsizing’. IS activities, however, still continue and sometimes grow; specialists may no longer be the dominant group but users may have many more information-oriented responsibilities. So how to organize IS remains an important issue for IS executives, general managers, and line managers alike. Some valuable research of practical benefit on these matters is reported in this section. The organization of IS can be seen in two dimensions: the centralization versus decentralization question and the issue of users versus specialists. The first is addressed by Earl et al., where the evidence suggests that effectiveness in IS is dependent upon the IS function being designed to fit the characteristics, especially structure, of the host organization. This may seem like common sense, but at least four significant further points are made. First, efficiency in IS is not so dependent on organizational fit. The operational, service, or utility activities of IS can be run efficiently anywhere, within or without the organization. Then combining the efficiency and effectiveness criteria, Earl et al. suggest five ideal types of IS configuration and how they should be selected. The drivers of change in organizing IS, however, are not only seen to be the characteristics of the host organization but the track record or heritage of IS performance. Finally, in most multidivisional organizations the federal form is seen to be the most viable. Not only does it provide a means of balancing centralization and decentralization, but it allows less costly structural changes to be made over time. And as Earl et al. show, change seems to be continual.
The Changing Environment for IS Professionals: Human Resource Implications
Authors: Couger J Daniel
Published: November 2023

One of the key challenges of the 1990s is involvement of IS organizations in more of the information processing activities of the firm. That statement may evoke surprise, until one considers that only 5 per cent of the information in the typical firm is contained in data-processing files and records. According to research by Sprague (1991), 95 per cent of the information required to conduct business is in document form. IS has just begun to include the valuable information contained in documents, particularly those from external sources. The dissatisfaction with the IS organization’s ability to impact more of the information activities of firms is causing management in some firms to reassign responsibility for some IS activities to operating departments.
Integrating IS and the Organization: A Framework of Organizational Fit
Authors: Earl Michael J
Published: November 2023

Much of this volume has been concerned with the integration of IS activities with the organization. Underpinning these concerns, perhaps, is the notion that information resources should be efficiently and effectively managed. This is one available definition of information management. When surveys are done of the most important issues facing the managers of the IS function, we find they rarely change. Different language may be used, contemporary rhetoric introduced, and priorities alter, but they are usually concerned with how to get strategic advantage from IT and how to align IS strategy with business strategy, how to organize the IS function, and how to manage the ever-changing boundaries between users and specialists, and how to plan and build IT infrastructures and cope with the latest technologies (see, for example, Brancheau and Wetherbe 1987; Niedermann et al. 1991). These are as much general management issues as specialist, functional issues since they potentially affect organizational effectiveness. This issue-set therefore is described increasingly as the strategic manage¬ ment of IT.
Administrative Justice: Discretion and Procedure in Social Security Decision-Making
Authors: Sainsbury Roy
Published: November 2023

Studies of the delivery of social security in Britain and the United States have been dominated over the past twenty-five years by two related concerns: the operation of discretion and the structure of the appeals system. However, despite its prominence, the way in which discretion has been treated in social security research has been limited. In essence the elements of British social security that have been described as discretionary are those (I) not covered in legislative rules (either primary or secondary legislation), and (2) those designed to address the exceptional needs or circumstances of claimants. In 1990 this means essentially that discretion is only discussed in the context of the Social Fund,1 introduced in 1988 as a system of loans and grants to cover claimants’ exceptional needs. This is a very narrow conception of discretion, since most a priori definitions make no reference either to statutory regulations or to exceptional needs. It also implies a clear distinction between rules and discretion. In contrast, definitions of discretion in the academic literature recognize its relationship to rules and its relevance for all types of decision-making and all the stages in a decision-making process (Davis 1969; Hawkins 1986).
Informers, Agents Provocateurs, and Supergrasses
Authors: Greer Steven
Published: November 2023

The term ‘supergrass ‘ was first coined by journalists in the early 1970s to describe those ‘grasses ‘ (informers) from the London underworld who testified against their alleged former associates in a series of high-profile mass trials ‘:-a modern instance of the age old use of informants for the purpose of social control. It should be noted at the outset of this study, however, that ‘police inform ants ‘ come in many forms, that the information they supply can be used by crime-control systems in a variety of ways, and that together these variables open up a range of opportunities and dilemmas, particularly for law enforcement professing committment to due process and the rule of law. There are two main difficulties. The first concerns the extent to which informants genuinely assist in the prevention, detection, and punishment of crime, and how this contribution can be measured. It should be stressed that this is not the same question as the extent to which the police consider certain types helpful in their investigations.