bluuebunny/crossref_metadata_2025 huggingface dataset:
The Eleventh Directive
Authors: Edwards Vanessa
Published: November 2023

The Eleventh Directive on disclosure by branches seeks to stop a lacuna in the system of protection of third parties by the mandatory disclosure of certain information relating to companies. As has been seen, the First, Fourth, Seventh and Eighth Directives impose a series of disclosure requirements on companies. Where a company incorporated in one Member State seeks to exercise its right of establishment by setting up a subsidiary in another Member State, that subsidiary, being a company, will be subject to those requirements in the Member State where it is incorporated. Where however a company establishes a branch rather than a subsidiary in another Member State, that branch, not being a corporate entity, will not be so subject. Although information about the company will be available in its State of incorporation, it may not be readily accessible to third parties dealing with it through the medium of the branch. That difference in treatment may be seen as both affecting the exercise of companies’ rights of establishment and prejudicing the protection of third parties in certain circumstances. Moverover, certain Member States had imposed their own disclosure requirements on branches, which differed between Member States, leading to further discrepancies within the Community. The Eleventh Directive aims to redress the balance by subjecting branches to certain of the disclosure requirements.
The First Stage—Harmonizing the Conditions of Listing
Authors: Edwards Vanessa
Published: November 2023

It is convenient to consider the Admissions, Listing Particulan and Interim Reports Directives together (collectively referred to in this chapter as ‘the Listing Directives’), since, as stated in the preamble to a directive amending the Admissions and Listing Particulars Directives: there is a close link between these three Directives, not only because the purpose of all three is to coordinate a number of rules relating to securities which have been admitted to official stock exchange listing or whose admission to such official listing is requested, but above all because the three Directives aim to establish at Community level a coordinated information policy on the securities in question.
Freedom of Establishment of Companies—lntroduction1
Authors: Edwards Vanessa
Published: November 2023

Article 52 of the Treaty requires Member States to abolish restrictions on the freedom of establishment of nationals of a Member State in the territory of another Member State. Freedom of establishment is expressed to include the right to take up and pursue activities as self-employed persons and to set up and manage companies or firms as defined by Article 58 under the conditions laid down for its own nationals by the law of the country where such establishment is effected. Restrictions on the setting up of agencies, branches or subsidiaries by nationals of any Member State established in the territory of any Member State are specifically required to be abolished. In considering the concept of freedom of establishment of companies, Article 52 must be read in conjunction with Article 58, which, in addition to defining ‘companies or firms’, provides that companies or firms formed in accordance with the law of a Member State and having their registered office, central administration or principal place of business within the Community are, for the purposes of, inter alia, Article 52, to be treated in the same way as natural persons who are nationals of Member States.
In Support of a European Social Constitution
Authors: Rodriguez-L’inero Miguel , Casas Emilia
Published: November 2023

Following the wide-ranging debate which it initiated in late 1993 with its Green Paper on European Social Policy: Options for the Union,1 on 27 July 1994 the Commission adopted the White Paper on European Social Policy: A Way Forward for the Union. In this document, ‘preserving and developing the European social model’ based on the Welfare State is singled out as an objective for the Union. In the face of views which hold that free competition of social systems and working conditions in Community countries is an element of the competitiveness and economic progress of the Community itself and of its less developed countries, the European Commission unhesitatingly asserts that the social dimension and the existence of a high level of social protection in Europe not only should not be seen as ‘a cost’
The European Court of Justice, National Courts, and the Member States
Authors: Davies Paul
Published: November 2023

In the writings of Bill Wedderburn there is reflected an approach to judicial activism which is shared by many labour lawyers in the United Kingdom and which to some extent sets them apart from other legal writers in the ‘progressive’ mould. That approach can be characterized as one of suspicion of the driving forces behind, and the impact upon labour law of, such activism. This scepticism is not derived, of course, from any assertion of conscious bias on the part of the judges but is based rather on a three-stage analysis of, first, the fundamental and early training of practising lawyers2 in Britain in the common law; secondly, the centrality, within the common law, of rights based upon property and contract which were, and are, incompatible in particular with the effective collective organization of workers; and, thirdly, the failure of British labour lawyers to establish the autonomy of their subject from common law concepts and modes of thought.
The European Court of Justice and the External Competences of the Community
Authors: Mancini Federico
Published: November 2023

In the autumn of 1994, when the European Court of Justice was called upon to give its Opinion on the Agreement establishing the World Trade Organization, the procedure taking place in Luxembourg attracted much attention from the international public. The long-awaited outcome of the Uruguay Round negotiations was finally at hand and the opinion of the Court was one of the last hurdles before the entry into force of the Agreement.
Instruments of EC Labour Law
Authors: Däubler Wolfgang
Published: November 2023

As part of the legal order, national labour law appears to share the nature of other fields of the law: the observer will find some constitutional provisions, a number of acts, regulations and decrees-and a good deal of judge-made law, which may either be formally binding, as in Britain, or have a nearly equivalent effect, as on the Continent.
Employment policy
Authors: Freedland1 Mark
Published: November 2023

In the course of the 1990 Chorley Lecture, on the subject of the_ Social Charter in Britain, Bill Wedderburn offered the reflection that: ‘[t]he European Community’s Social Charter of Fundamental Rights has appeared at a moment when the transnational economy puts national laws in a new frame’. That observation is still at least as pertinent as it was in 1990; and nowhere is it more applicable than to the field of employment policy. The initial purpose of this chapter is to try to assess the development and present direction of employment policy in and of the European Union, and, picking up on that observation of Bill Wedderburn’s, to describe the way in which employment policy forms part of the transnational economy of Europe.
Introduction:
Authors: Loveland Ian
Published: November 2023

As we approach the twenty-first century, we will find few supporters for the proposition that the academic study of British public law, whether in its constitutional or administrative manifestation, can plausibly operate as a closed system, its borders securely fastened against incursion from the cross-disciplinary insights offered by historians, political scientists, and public administrators. The broad question underlying this collection of essays is to ask whether the time has now come for Parliamentary, judicial, and academic analyses of vexatious legal problems to engage in a more systematic process of border crossing in the geographical as well as interdisciplinary senses. It is now quite clear that that process of ‘internationalization’is firmly established in our domestic law in respect of matters pertaining to the European Community. The contributors to this book have however cast their gaze in a rather different direction, to alight on certain aspects of the legal order of the United States of America.
The Symbolism of Constitutions: Some Anglo-American Comparisons
Authors: Cotierrell Roger
Published: November 2023

Constitutions provide and define authority for a society's principal organs of government. This is assumed to be the fundamental reason for their existence. Where comparisons are made between constitutions it is usually on the basis of the form in which they express this authority, the kind of allocation of governmental powers for which they provide, and the legal limits that they impose on government action. This essay2 argues, however, that constitutions not only 'constitute' government in these ways, mapping structures of authority and normative relationships between various arms and agencies of government, as well as their specific powers, responsibilities, and jurisdictional limits. They also typically contribute to 'constitute', in a certain sense, the governed society itself, and this contribution is one of their most important aspects.
A Special Relationship? American Influences on Judicial Review in England
Authors: Harlow* Carol
Published: November 2023

On the surface, our common legal heritage does seem to point to a ‘special relationship’ between British and American lawyers. It has created a common vocabulary which permits us to communicate with each other in a way which frequently proves more difficult outside the boundaries of the common law. We can instantly grasp the implications of concepts like ‘substantive due process or ‘natural justice’, even if the precise nuances may escape us. Habeas corpus is a shared inheritance4 and the term locus standi does not need translating, though we must be careful not to assume identity of meaning. We can talk until well into the present’ century of a common corpus of authoritative writing. Blackstone’s Commentaries were the settlers' legal Bible and many later texts were treated as a common legal resource. Austin’s theory of sovereignty, however unsuited to the American context, was claimed by Gray as the basis of his own jurisprudential writing6 and its influence may have penetrated further into American realism through the great Holmes.
Legal Control of Party Political Finance
Authors: Ewing Keith
Published: November 2023

In many respects the United States is not obviously a suitable jurisdiction to which one would look for lessons about how to deal with the question of campaign finance reform. Important historical, constitutional, and political differences suggest that a more fruitful line of enquiry would be with countries such as Canada which not only inherited (perhaps surprisingly) the British constitutional principle of parliamentary sovereignty but also developed a system of strong party government, albeit without the pivotal involvement historically of the organized labour movement, and albeit one with limitations which were exposed by the federal election in 1993. But this is not to suggest that the American experience is completely irrelevant or wholly without interest, or that there are no lessons whatsoever to be drawn from the attempts at legal regulation in that country. At a time when the issue of party funding is exercising keen interest in Britain, closing our minds to the United States' experience would betray an astonishing insularity, particularly as the Americans have the experience of almost ninety years of legislating in the field, and particularly as they have been grappling with principles and policies which might equally inform legislation here and elsewhere, notwithstanding our different historical, constitutional and political legacies.
Trends and Techniques in the Law of Evidence
Authors: Tapper Colin
Published: November 2023

This paper is designed to address a number of fundamental questions relating to the law of evidence many of which are ignored by the standard sources, and even by specialised articles. Consideration has been inspired by the recent flurry of reform suggested by the reports of the Law Commission on Corroboration, and on Hearsay, and of the Royal Commission on Criminal Justice, though it is not restricted to points relevant to those documents. The paper will challenge some general perceptions about the coherence and unity of the law of evidence, before going on to examine the diversity and volatility of the techniques available and eligible for use, both from the point of view of the analysis of the substance of the law, and from that of proposals for its reform.
Righting the Wrongs: How Best to Remedy Miscarriages of Justice
Authors: Thornton Peter
Published: November 2023

The present system of criminal justice provides no satisfactory way of dealing with alleged miscarriages of justice. Its defects include the weaknesses of the Home Secretary’s ‘reference’, the limitation of ‘fresh evidence’ appeals, judges who are reluctant to overturn jury verdicts and a Court of Appeal averse to ordering retrials. The result is a haphazard appellate system which is more likely to remedy a technical defect than to uncover an injustice.
Accounting and Audit
Authors: White Fidelma , Hollingsworth Kathryn
Published: November 2023

We have seen in Chapter 1 how the public expenditure process operates. Once money voted by Parliament has been spent, it must be accounted for and those accounts must be audited. These are two separate processes, and so, in order to understand the constitutional role of audit it is essential that the concepts of accounting and audit are differentiated and examined. This chapter will, therefore, look at the processes of accounting and audit, in the private and public sectors, though the focus is on the public sector. We will consider the different methods of accounting, comparing cash based accounting with accruals accounting, and in particular examine the recent introduction of accruals accounting techniques to British central government. In relation to audit, a number of ‘ types’ of audit are explored, in general terms. The distinctions between: internal and external audit; transactions and systems audit; and financial, value for money, and newer types of audit will be considered.
The Audit Commission
Authors: White Fidelma , Hollingsworth Kathryn
Published: November 2023

The focus of the book so far has been on the role which the C&AG, the NAO and the PAC play in holding central government to account for its spending. The following two chapters will widen this focus by examining, in tum, the constitutional role of public sector audit at a sub-national, or local, level and, at a supra-national, that is European Community, level.
The First Legislation
Authors: Radford Mike , Broom Donald M
Published: November 2023

‘[A]ll animals are endowed with sensation, or at least with irritability, which last has been considered as a distinctive character of animal life’, wrote the Scottish writer William Smellie in 1790. ‘Sensation’, he suggested, ‘implies a distinct perception of pleasure and pain’, the very characteristics which were central to the moral theory of utilitarianism. So, as Richard Ryder observes, by the end of the eighteenth century ‘the basic principles of the modern animal welfare position were established’. Namely, a recognition that animals, like humans, can suffer pain, ‘and that pain entitles them to legal as well as moral rights: While this would have a profound effect in the future, at the time it remained very much a minority view.
Extending Protection
Authors: Radford Mike , Broom Donald M
Published: November 2023

By the 1840s, the principle of legislation to protect animals from cruelty had become firmly established. Referring in 1848 to ‘those unfortunate slaves and victims of the most brutal part of mankind, the lower animals’, John Stuart Mill observed, ‘It is by the grossest misunderstanding of the principles of liberty, that the infliction of exemplary punishment on ruffianism practised towards these defenceless creatures, has been treated as a meddling by government with things beyond its province; an interference with domestic life’, and he regretted that ‘metaphysical scruples respecting the nature and source of the authority of government’ had induced many supporters of legislative intervention ‘to seek for a justification of such laws in ... the interests of human beings, rather than in the intrinsic merits of the case itself ‘. Not everyone, however, shared Mill’s enthusiasm.
The Continuing Need for Legal Regulation
Authors: Radford Mike , Broom Donald M
Published: November 2023

From its inception in 1822, the protection of animals by the State developed steadily during the course of the nineteenth century, so that by 1914 there was in place in Britain an extensive and sophisticated regulatory regime. It is important to appreciate, however, that while this legislation imposed restrictions on how animals could be treated, none of it-nor, indeed, any enacted subsequently changed the traditional legal status accorded to animals by the courts.
The Contemporary Legal Framework
Authors: Radford Mike , Broom Donald M
Published: November 2023

During the nineteenth century, protection for animals was secured, almost exclusively, by means of primary legislation; that is, Acts of Parliament. Bills were introduced, the majority on the initiative of individual MPs, into a sovereign parliament whose legislative authority went unchallenged. In the years following the First World War, however, the treatment of animals ceased to feature as a significant political issue. A society which had to come to terms successively with the pro found consequences of that conflict, followed by the economic turmoil of the twenties and thirties, and then the upheaval of the Second World War, simply had other priorities.
Cruelty: Culpability and Consequences
Authors: Radford Mike , Broom Donald M
Published: November 2023

Having considered conduct which can amount to an offence of cruelty, this chapter is concerned with the consequences: those who may be prosecuted; the nature of the offence; and the penalties available to the courts. A. Liability for an Offence of Cruelty As cruelty is a criminal offence, the prosecution is required to establish the defend ant’s guilt beyond reasonable doubt in order to secure a conviction. Those who may be prosecuted include: the person who is directly responsible for the cruelty; a person who causes or procures the cruelty;
Public Control
Authors: Radford Mike , Broom Donald M
Published: November 2023

The offence of cruelty continues to be the cornerstone of animal protection legislation in Britain, notwithstanding that the principal English and Scottish statutes pre-date the First World War and, even when enacted, were not intended to be especially innovative. The durability of the offence is attributable to its generality, enabling it to be applied to a wide variety of situations, together with its scope: in relation to domestic and captive animals, only acts lawfully carried out under the authority of the Animals (Scientific Procedures) Act 1986 are completely beyond its reach.
Enhancing Regulation and Responsibility
Authors: Radford Mike , Broom Donald M
Published: November 2023

From the time that the first animal protection legislation was introduced in Britain in 1822, Parliament has accepted that it is both necessary and legitimate for the State to develop an extensive regulatory regime, intended to protect other species from cruel treatment; to prevent and to control the spread of disease; and, especially latterly, to promote high standards of welfare. Inherent in this body of law is a recognition that individual citizens and society collectively have a responsibility for the way in which other species are treated. The nature of that responsibility varies depending on the type of animal concerned, the situation in which it finds itself, and the relationship which a particular person has with it.
Introduction
Authors: Nygh Peter
Published: November 2023

This monograph will be primarily concerned with the autonomy which parties to an international contract have to select the law determining the existence and validity of, and their rights and obligations arising from, the contract, the law governing that choice itself, any limits on the right to choose, the nature of the law or laws which may be chosen, and the impact of so-called mandatory laws on that choice.
The Implied or Tacit Choice
Authors: Nygh Peter
Published: November 2023

In the beginning there was the presumed intention of the parties which underlay the search for the proper law of the contract. As has been shown in Chapter 1, the search for the presumed intention preceded acceptance of the idea that parties to a contract could actually choose the applicable law. Thus, as early as 1760 in Robinson v Bland Lord Mansfield inferred that Sir John Bland in drawing a bill of exchange in Paris on himself in Paris payable in London intended the law of England as the place of performance to apply.
The Protection of the Weaker Party
Authors: Nygh Peter
Published: November 2023

Hand in hand with the growing recognition of the principle of autonomy, there is international acknowledgment that economically weaker parties need protection. This is evidenced by the special fora provided for consumers in the Brussels and Lugano Conventions, and the special provisions for choice of law in respect of certain consumer and employment contracts in the Rome Convention. This chapter will explore who can legitimately be regarded as a ‘weaker party’ and the degree of protection which should be afforded to shield such parties from an unfettered exercise of autonomy in the choice of law.
The Interrelationship Between Choice of Law in Contract and Tort
Authors: Nygh Peter
Published: November 2023

There are a number of situations in which an international contract may be associated with a tort claim which has international connections. The most obvious examples occur where delictual claims arise out of a contract for the sale or provision of goods or services, a contract of employment, a contract for the carriage of goods or persons, or a contract of bailment.4 Indeed, any contractual relationship may give rise to claims in tort, such as misrepresentation or fraud. The interrelationship between contract and tort also arises where the parties enter into an agreement concerning the release from liability in tort, whether entered into before or after the tort has occurred.
Zacharias
Authors: Elliott J K
Published: November 2023

Zacharias (or Zechariah or Zachariah), a Jewish priest, appears in Luke 1 and receives a vision promising him and his aged wife, Elizabeth, a son. That son is John the Baptist. Zacharias celebrates the child ‘s birth with the hymn known to Christianity as the Benedictus. So much for the New Testament references to Zacharias. But, like many such figures in the New Testament, Zacharias became the subject of later tradition. At the end of the Protevangelium of James, a book largely given over to the birth and childhood of the Virgin Mary and to the birth of Jesus, the story changes from the escape of the infant John and his mother at the time of Herod ‘s Massacre of the Innocents to a scene in which John ‘s priestly father, Zacharias, is murdered in the Jerusalem Temple by command of Herod. It is likely that the story was a late appendix to the Protevangelium and is an elaboration of Jesus ‘ prophecy to the Jews in Matthew 23: 35: ‘On you will fall the guilt of all the innocent blood spilt on the ground, from the blood of innocent Abel to the blood of Zechariah, son of Berachiah, whom you murdered between the sanctuary and the altar. ‘ Whoever that Zechariah was, the apocryphal tradition obviously identified him with the Baptist ‘s father and thus created the story below which would be seen as a fulfilment of the prophecy. It is interesting to note that after Zacharias ‘ murder his successor as priest is said to be Simeon, another character taken from Luke ‘s infancy narrative.
Paul
Authors: Elliott J K
Published: November 2023

Of the twenty-seven books in the New Testament close to half are letters attributed to Paul ‘s authorship. The Acts of the Apostles tells of Paul ‘s conversion to Christianity on the road to Damascus, and his subsequent missionary journeys, teachings, miracles, and trials. The canonical Acts ends with Paul under house arrest in Rome awaiting death. The New Testament, however, does not record the end of Paul ‘s life. It is left to the second-century apocryphal book, the Acts of Paul, to attempt a fuller picture of Paul ‘s career. This Acts is independent of the Acts of the Apostles; it parallels but does not duplicate our knowledge of Paul ‘s ministry in the canonical Acts and Pauline letters. This chapter is divided into two parts, (a) and (b).
The End Time
Authors: Elliott J K
Published: November 2023

Whereas the apocalypses of Peter and of Paul are concerned with the current state of affairs in heaven and hell, the Apocalypse of Thomas contains predictions about the ending of the present world. It is thus ‘apocalyptic ‘ in its sense of foretelling the future. From the New Testament onwards Christians were made aware that they were already living in the end time. For them Christ was believed to have inaugurated the last age. Christians were not sure how imminent that final day, increasingly thought of as the day of judgement, would be: many hazarded a guess. Nor did the Christians know what warnings would announce or precede the coming of the End. Again, attempts were made to list which events were to be disregarded and which were portentous. Apocalyptic passages in the New Testament Gospels and of course the Book of Revelation are concerned with these warnings and the ‘signs of the times ‘. Such speculation has never ceased. The writer of the Apocalypse of Thomas, dating perhaps from the fifth century, gave a countdown, and describes the events of the final six days before the end of the world. One version of this text is given here. Apocalypse of Thomas (shorter text) Hear, 0 Thomas, for I am the Son of God the Father, and I am the father of all spirits. Hear from me the signs which shall come to pass at the end of this world, when the end of the world shall be fulfilled before my elect depart out of the world. I will tell you that which shall come to pass openly (or, will tell you openly, etc.): but when these things shall be the princes of the angels do not know, for they are now hidden from them.
Organizing Themes and Concepts
Authors: Hutter Bridget M
Published: November 2023

This book has been inspired by and is devoted to an in-depth examination of a single concept, namely that of compliance. Taken at face value this concept may appear to be straightforward. The Concise Oeford Dictionary (1990) defines compliance as ‘the act or an instance of complying; obedience to a request, command etc’. The definition offered of the word ‘comply’ appears similarly uncomplicated-’act in accordance (with a wish, command, etc)’. Compliance thus conjures up notions of conformity.
Inspectors Take the Initiative: Proactive Methods
Authors: Hutter Bridget M
Published: November 2023

As the word ‘inspector’ suggests, routine inspections and check visits are the ‘traditional’ methods of operation for many regulatory officials and ones which are regarded as fundamental by field staff. To many enforcement officials routine inspections were the stuff of their work and a much-valued mode of operation. The amount of time spent on inspections varied between inspectorates. In all of the inspectorates examined in this research inspections comprised a major method of assessment. Of the total number of visits I undertook with inspectors, routine inspection comprised 65 per cent of FI visits; 63 per cent of IAPI visits; and 79 per cent of REI visits. This is a larger proportion than might be expected from annual work plans.1 This seems to be explained by the fact that many of the special projects and initiatives which tended to be itemised separately in ‘Plans of Work’ were combined with routine inspections by field-level staff.
Whose Compliance?
Authors: Hutter Bridget M
Published: November 2023

The regulated population comprises industries; individual companies and businesses; and employers, managers, and employees. Some of these groupings are complex, well organized, and multi-national, whereas others are simple, small-scale, and local. Compliance may vary between different sectors of an industry, and even between different parts of one site. Moreover, compliance may change over time. At an organizational level the focus of inspectors was upon safe systems of work, and at the micro level upon categories of people, for instance, employers and employees; specialists and generalists; skilled and unskilled; and the experienced and inexperienced.
Compliance as a Process of Enforcement
Authors: Hutter Bridget M
Published: November 2023

In the context of regulatory enforcement it is particularly relevant to regard compliance as processual. Regulatory agencies are typically—but not inevitably-in long-term relations with the regulated, whose compliance is of ongoing concern (Bardach and Kagan, 1982). The relationship between the agency and the regulated is reflexive, with each party adapting and reacting to the moves and anticipated moves of the other (Hawkins and Hutter, 1993). Enforcement is often serial and incremental (Hawkins, 1984) and the whole process of enforcement may be usefully characterized as a ‘career’.
Conclusion
Authors: Hutter Bridget M
Published: November 2023

Compliance is a complex, flexible, and dynamic concept the definition, assessment, and achievement of which is the product of interaction, the outcome of a series of interpretative judgements. This process of compliance is subject to broad social and institutional constraints. These are embodied in the political, legal, organizational, and cultural spheres of the social context within which these interactions occur.
Second Thoughts and Other First Impressions
Authors: Coleman Jules l.
Published: November 2023

Many, but not all of the papers collected here were presented at a conference held at Quinnipiac Law School, 14-15 October 1996, focusing on my work; the others were inspired by the issues addressed there. I am honored by the conference and humbled by the perception that my work has contributed to legal and political theory. One can be paid no greater compliment than to have one’s work sympathetically and critically challenged by one’s peers. I can return the compliment these essays represent only by responding in kind.
Verbal Aspect in New Testament Greek
Authors: Fanning Buist M
Published: November 2023

Verbal aspect is a significant element to be considered when interpreting a number of New Testament texts. This book surveys ways in which verbal aspect has been treated in the past century, and discusses what aspect is and how it functions in New Testament Greek. It provides a comprehensive, up-to-date analysis of the aspects of present, aorist, and perfect in New Testament Greek, and pulls together the results of research from a wide variety of linguistic studies. In his study Dr. Fanning analyses the specific ways in which the aspects combine with linguistic and contextual features to produce various secondary meanings. He cites extensive sections of New Testament Greek as illustrative evidence, thus presenting a new approach which is a significant improvement on previous treatments and which will prove invaluable to interpreters of New Testament texts.
Introduction
Authors: Fanning Buist M
Published: November 2023

The purpose of this chapter is twofold: (1) to discuss basic issues of the meaning of aspect and formulate a general theory of aspect as a foundation for more specific discussion in later chapters; and (2) to provide a survey of aspectology over the last century to give perspective for the discussion of problems of aspect-usage in the NT. The history of aspect studies has shown that the major problem in understanding verbal aspect involves two interrelated issues: first, to distinguish aspect from other features of meaning with which it is commonly intertwined (e.g. tense, procedural character of verbs, structural contrasts between aspects, and discourse functions), and second, to note the variable function of aspect in connection with these other fratures. This chapter will discuss these distinctions and interconnections with other categories of meaning and propose a preliminary definition of verbal aspect.
Cognition and Volition
Authors: Westberg Daniel
Published: November 2023

IT might be argued on metaphysical principles that since truth is the object of the theoretic intellect, while action is the object of the practical, this implies separate powers. Thomas did not agree: whether something is huge or small, it is of course still perceived by the same power; likewise the same intellect is the means by which something is perceived, whether the object is related to action or not.
The Distinctiveness ofThomist Psychology
Authors: Westberg Daniel
Published: November 2023

IT is not surprising that medieval thinkers found it difficult to assimilate Aristotle’s psychology with the traditional biblical and theological views of the Augustinian tradition mediated through Peter Lombard. The terms of reference set down by the Sentences for the powers of the soul were liberum arbitrium, sensuality, and reason (which was divided into ‘higher’ and ‘lower’). Besides compartmentalizing the mind, this classification encouraged a solution of the problem of sin in terms of identifying choice with will.
Prudence and the Integration of Human Action
Authors: Westberg Daniel
Published: November 2023

Prudence is the developed habit of the cognitive element in the process of action to make and execute good choices, and is summed up as recta ratio agibilium. It represents the agent’s ability to deliberate, to decide, and properly to order the process of his practical reasoning to action. This disposition is quite different from moral science or conscience (as the knowledge of moral principles), or casuistic ability. Ethical knowledge and skill in analyzing difficult cases do not necessarily result in the actual good choices made by a person of moral virtue.
Revelation Revisited
Authors: Mitchell Basil
Published: November 2023

In March r980 Theology published a short dialogue between Maurice Wiles and myself entitled ‘Docs Christianity Need a Revelation?’ It seems worthwhile, in a volume devoted to the recognition of Maurice Wiles’s work, to return once again to this subject, the more so as the discussion has since been carried further by two authors who developed their ideas while working in Oxford in response to Wilcs’s thinking (Abraham 1981, 1982; Brown 1985).
A Priori Christology and Experience
Authors: Ogden Schubert M
Published: November 2023

If anything can be said to be ‘Christian doctrine’, it is Christology; and so ‘the making and remaking of Christian doctrine’ must at least mean, whatever else it means, the making and remaking of doctrine about Christ. More broadly, it must mean the making and remaking of doctrine about Jesus who is said to be the Christ, as well as any number of other things that are functionally equivalent to ‘the Christ’ and interchangeable with it.
Doctrinal Criticism: Some Questions
Authors: Williams Rowan
Published: November 2023

‘Doctrinal criticism is the critical study of the truth and adequacy of doctrinal statements.’ With this quotation from a highly influential essay by G. F. Woods (Woods 1966), Maurice Wiles, in ‘Looking into the Sun’, his inaugural lecture at King’s College, London (Wiles 1976), signaled the opening of his own discussion and development of Woods’s programmer. This programmer he summarizes as including the following:
Paideia and the Myth of Static Dogma
Authors: Young Frances M
Published: November 2023

Modern theology often treats patnstlc doctrine as static on the grounds that it dealt in ontological categories, while modern historical scholarship traces the story of doctrinal development in the patristic period. Prima facie it might seem that these perspectives are contradictory, but in fact ‘making and remaking’ implies development to a fixed form, together with the suggestion of a need to unpick a finished tapestry so as to re-weave it, thus betraying the influence of both modern assumptions.
The Theological and Historical-Critical Context of Kasemann’s Interpretation of Paul’s Theology
Authors: Way David
Published: November 2023

In the English-speaking world Ernst Kasemann’s name is associated primarily with the renewed quest of the historical Jesus which he helped to initiate in the mid-195os. In addition he is well known for his passionate theological commitment, and for the highly polemical character and sheer difficulty of his writing. There is less appreciation of the breadth of Kasemann’s interests, the system of his thought, and the key role of his understanding of Pauline theology within the whole.
The Lordship of Christ: The Origins of a Construct (1933–1950)
Authors: Way David
Published: November 2023

Kasemann’s work on Paul in the period up to 1950 comprises his dissertation, written under Bultmann, Leib und Leib Christi/ and a number of essays on themes which are, in the main, ecclesiological: the body or Christ as sacrament and as church, the acclamation of the cosmocrator in the Christ hymn of Phil. 2, apostleship, charisma, and the question of prePauline tradition in Rom. :3 24–6. The dissertation itself covers a wide range of topics in the areas of Pauline anthropology and ecclesiology. While Kasemann does not consciously use the lordship or Christ as a theme to unite these early pieces into a Pauline theology, it will be shown that they all contribute to what will be called the lordship of Christ construct. It is a ‘construct’ because it is made up of elements from a wide variety of exegetical discussions, while at the same time being the theologoumenon which stands at the centre of his interpretation. In later chapters it will be seen that this construct is modified by new insights while retaining most of the themes from this earlier period. This is one of the senses in which the lordship of Christ is the centre of Kasemann’s interpretation of Paul both before and after 1950.
God’s Righteousness and the Justification of the Ungodly
Authors: Way David
Published: November 2023

For Käsemann, standing in the tradition of Luther and Barth, the doctrine of justification is ‘the truth of the Christian faith per se’ (Romer ro5h 11, ET modified; cf. EVB ii. 181 f./168; PP 131/74). For him this doctrine is the centre of the New Testament proclamation (PP 114/64), of Paul’s theology, and of Romans (EVB ii. 181 f./168; Romer86/92, cf. 105/I11; also EVB ii. 22/I4, PP 68/36, 74/40, 84/46, 131/74, 135/76, 141/ 80). On these points Käsemann is in agreement with Bultmann2 and this is also the case with the further point that the doctrine of justification is Paul’s true christology. However, this large area of initial agreement quickly becomes the background to a wide-ranging debate over the interpretation of these themes. The starting-point for considering this part of Kasemann’s work is his understanding of the place of the law in Paul’s theology.
Conclusion
Authors: Way David
Published: November 2023

If K ä semann’s interpretation of Paul’s theology in its entirety is surveyed, the consistency of his views across five decades is remarkable. Thus, while K ä semann changed his understanding of what constituted the ‘centre’ of Paul’s theology after the publication of his dissertation, and of the history-of-religions background to Paul’s theology in the 1950s, perhaps surprisingly these major changes did not fundamentally alter his interpretation. The underlying consistency of his views is due to two characteristics which mark his approach throughout his career: firstly, the approach to Paul’s theology in terms of dialectical tension, particularly the dialectic of gift and power; secondly, the constant search for a unifying interpretation of Paul, an interpretation which seeks to take account of elements which are often seen as mutually exclusive.
Political Offences
Authors: Stanbrook Ivor , Qc Clive Stanbrook
Published: November 2023

A person whose extradition is requested may be excepted from it by the host State if the requesting State seeks him, or if the alleged offence was committed, for political reasons. This is a simplistic way of describing a practice of international law which is generally observed by all States.
Human Rights
Authors: Stanbrook Ivor , Qc Clive Stanbrook
Published: November 2023

As a branch of international law, extradition law is unusual in that it concerns the conduct of individual people as well as that of States, which are traditionally regarded as the principal subjects of international law. The movement for the inter- national assertion and protection of human rights, which has grown rapidly since the Second World War, has accentuated that aspect. Human rights considerations are now so well established, whether by international conventions or by domestic constitutional safeguards, that they need to be taken into account with the applicable extradition law in almost every case. In the United Kingdom the new Labour Government, as part of its campaign ‘Rights Brought Home’, has given further effect in domestic law to provisions of the European Convention of Human Rights.
Jurisdiction
Authors: Stanbrook Ivor , Qc Clive Stanbrook
Published: November 2023

Extradition is available, by agreement, to a requesting State which has jurisdiction to try and punish an offender against its law. A State’s jurisdiction—its capacity under international law to prescribe and enforce its national law over all persons and property and all actions within its territory—is a normal expression of its sovereignty. The right of a State to exercise jurisdiction extra-territorially, outside its frontiers, is not so clearly defined.
Other Common Features
Authors: Stanbrook Ivor , Qc Clive Stanbrook
Published: November 2023

The principle that no one should be in jeopardy more than once in respect of the same offence is a rule of law of ancient origin. It is defined in the 1966 International Covenant on Civil and Political Rights as:

No one shall be liable to be tried or punished again for an offence for which he has already been finally convicted or acquitted in accordance with the law and penal procedure of each country.
Extradition to the Irish Republic
Authors: Stanbrook Ivor , Qc Clive Stanbrook
Published: November 2023

The Irish Republic is, for the purpose of UK extradition law, a special case. It is not treated as a ‘foreign State’; there is no extradition treaty. Extradition arrangements between the two countries are governed by broadly similar domestic legislation which provides for the reciprocal endorsement and execution of each other’s arrest warrants. Exceptionally, the system is entirely judicial. As far as the United Kingdom is concerned, there is no scope for ministerial involvement.
Procedure (Inward Extradition)
Authors: Stanbrook Ivor , Qc Clive Stanbrook
Published: November 2023

Part II of this work was devoted to the law applicable to extradition from the United Kingdom of persons convicted or accused of crime in, and sought by, other countries. Part III deals with the reverse position: the law applicable where it is the United Kingdom which seeks to bring to justice a person who, having committed a crime within UK jurisdiction has evaded arrest by fleeing overseas or having been convicted here of such a crime, is unlawfully at large elsewhere.
The Basic Principles
Authors: Laing Judith M
Published: November 2023

This book is concerned with the treatment of mentally disordered offenders in the criminal justice system. In particular, it investigates the diversion of mentally disordered offenders from the criminal justice system and into the health and social services. So the first step is to identify precisely who mentally disordered offenders are and how they should be treated. This chapter will also consider what is meant by diversion in this context and how it fits in with treatment and with the criminal justice system as a whole, and the many difficulties which surround the treatment of mentally disordered offenders will be identified. The problems are particularly acute given that the mentally disordered offender falls within the realm of two differing disciplines-the legal and medical professions-both of which have contrasting and often conflicting views and approaches towards treatment. This has a grave effect upon diversion, as its successful implementation is dependent upon the close and successful collaboration and co-operation of those disciplines and professionals involved in dealing with and caring for such people. The impact of these difficulties upon the trend to divert mentally disordered offenders from the criminal justice system will be considered.
The Historical Context
Authors: Laing Judith M
Published: November 2023

This chapter will briefly outline the reports, reforms, and major developments that have taken place throughout the latter half of the twentieth century and that influence the present-day provisions and approaches towards mentally disordered offenders. Many of these developments have heightened the plight of such an offender, and so this chapter also strives to underline that the current emphasis upon diversion and therapeutic care has its origins firmly rooted in the past. It has been customary for decades to protect the mentally ill from punitive sanctions and the normal operation of the criminal law by affording them the care and treatment they deserve. The legislative and policy developments that have facilitated and perpetuated these humane principles will be briefly considered. In this respect it will be more pertinent to consider the major reports and the philosophies which underpin them, rather than a detailed consideration of the legislative provisions themselves. Emphasis will be placed upon the emergence and dominance of the medical profession and psychiatry which has taken place in the latter half of the past century, which strongly influences the treatment of the mentally ill today. And a brief look into the history of the mental health service is also necessary, as it enables a better understanding of the nature of the system into which mentally disordered offenders are diverted.