bluuebunny/crossref_metadata_2025 huggingface dataset:
‘Si Sit Clericus Superveniens De Genere Nostro’ : The Parlement of Paris and the Foundation of the Collége de Montaigu
Authors: Lusignan Serge
Published: November 2023

Throughout the thirteenth century, the kings of France interfered very rarely in Parisian scholarly affairs, unless it was to renew the precious privilege granted by Philippe Auguste in 1200. This privilege recognized the clerical status of all scholars and made the Provost of Paris responsible for respecting their immunity. Papal power was at the origin of the legislation ensuring the university’s autonomy and the personal privileges of its members.
Customs-Approved Treatment or Use
Authors: Gormley Laurence W
Published: November 2023

Save as otherwise provided, goods may at any time be assigned a customs-approved treatment or use irrespective of their nature or quantity, or their country of origin, consignment or destination, although this principle must not preclude the imposition of prohibitions or restrictions justified on grounds of public morality, public policy or public security, the protection of health and life of humans, animals or plants, the protection of national treasures possessing artistic, historic or archaeological value or the protection of industrial and commercial property.
The Nuclear Common Market
Authors: Gormley Laurence W
Published: November 2023

Member States were required by Article 93 of the Euratom Treaty, as from 1 January 1959, to prohibit between themselves all customs duties on imports or exports or charges having equivalent effect, and all quantitative restrictions on imports or exports, in respect of: products in List Al and List A2 of Annex IV;products in List B of Annex IV if subject to a common customs tariff and accompanied by a certificate issued by the Commission stating that they are intended to be used for nuclear purposes.
Legal Mechanisms to Promote The Use of Renewable Sources of Energy in Mexico: The Role of Taxation
Authors: González M* José Juan
Published: November 2023

Since the 1970s, the concern about the consumption of fossil fuels has been increasing around the entire world, not only because they are not renewable resources, but also because during its process of production and consumption serious damage to the environment 1 and to the human health are * Professor, Department of Law, Universidad Autónoma Metropolitana, Mexico City, Mexico, and Director of the Mexican Environmental Law Journal, Mexico; BA, LLM (Universidad Autónoma Metropolitana), PhD (Alicante).
Recent Developments in the Use of Environmental and Energy Taxes in South Africa
Authors: Plessis* Willemien du
Published: November 2023

During the past few years more emphasis has been placed on energy issues in South Africa. New policies and legislation are introduced on nearly a monthly basis. According to the White Paper on Energy of 1998, the exploitation of all possible energy carriers is vital for sustainable economic development. Although South Africa has the potential to make use of renewable resources,1 it relies mostly on a coal-generated energy industry with its environmental and health consequences, while people in the rural areas use biomass as their source of energy for cooking and heating.2 In some areas the wood source has been totally depleted, and in others it is under severe pressure.3 Dung is used by some as fuel and by others to make methane gas.
The Use of Environmental Taxes as a Water Management Strategy
Authors: Fort* Denise D
Published: November 2023

Environmental taxation should be utilized to address water demands in the arid western United States. It would provide water consumers with better information about the cost of water and encourage the conservation or transfer of water from lower value uses. The western US is defined by a scarcity of water. This geographic distinction has given rise to unique laws for the use and distribution of water, massive federal subsidies, and decades of litigation.
Conserving Native Vegetation on Private Land: Subsidizing Sustainable Use of Biodiversity?
Authors: Stoianoff Natalie P , Kelly Andrew H
Published: November 2023

The Convention on Biological Diversity 1992 (the Biodiversity Convention) has as its primary objective the conservation of biological diversity.1 Running a close second is the objective of sustainable use of biological diversity.2 Simultaneous achievement of such objectives often runs contrary to the desires of large landowners in Australia, particularly when such landowners are engaged in primary production industries.
Complex Flow Patterns
Authors: Bruus Henrik
Published: November 2023

Viscous forces dominate in microfluidics and tend to favor laminar flow at the expense of turbulence. Most laminar flow patterns are simple, and in the case of creeping flow they even closely follow the geometry of the enclosing channel. Nevertheless, it is possible by careful design to create complex flow patterns in microfluidic lab-on-a-chip systems. In this chapter we will study two examples of such an increasing level of complexity in microflows.
Optofluidics
Authors: Bruus Henrik
Published: November 2023

Optofluidics can be characterized as the combination of microfluidics and optics. It is an emerging research field of growing importance for the realization of bio/chemical lab-on-a- chip systems with integrated optical light sources, waveguiding, and detection for some of the types of electromagnetic radiation listed in Table 16.1.
The Right to Freedom of Association
Authors: Gearty Conor
Published: November 2023

The right of association for political ends is a strongly embedded entitlement in British political culture. It is a freedom that has been forged in past eras of repression, when the branding of a political association as unlawful was frequently turned to as a means of hindering the advance of the ideas for which its members stood. By the twentieth century, however, the liberty had managed to become well-established in the UK (apart from in Northern Ireland, on which see further below). Thus the generally severe defence of the realm regulations promulgated at the outset of and throughout the First World War empowered the authorities to harass in all sorts of ways the radical peace activists and trade unionists who were perceived to be a threat to national defence, but they did not take the shortcut of group censorship. Nor did the government when faced with the new threat of a domestic Communist Party of Great Britain in the 1948 s. The emergency regulations of the Second World War era likewise tended to go for suspected persons rather than groups. Through much of the liberal post-war period, the idea of banning political groups or other kinds of associations was more or less unthinkable in Britain.
Commencement, Service And Pleadings
Authors: Andrews Neil
Published: November 2023

This chapter is concerned with various aspects of ‘commencement’ of proceedings: issue of process; service of claim forms; the period for service of a claim form; and pleadings, which are now known in England as ‘statements of case’; finally, Section E provides the reader with details of sources concerning the scope of English civil jurisdiction, namely the Brussels and Lugano jurisdictional systems or (in situations not governed by the Brussels/Lugano systems) the grounds specified in CPR 6.20 concerning service of claim form outside the English Jurisdiction.
Summary Judgment
Authors: Andrews Neil
Published: November 2023

This procedure allows claimants or defendants to gain final judgment if they can show that their opponent’s claim or defence lacks a ‘real prospect’ of success. It is a swift and streamlined procedure, enabling the applicant to avoid the delay, expense, and inconvenience of taking the case to trial.
John’s Gospel: ‘I Am The Way’
Authors: Stanton Graham
Published: November 2023

John’s gospel is like a stream in which children can wade and elephants swim. For many readers this gospel’s main themes are simple and clear, and the evangelist’s dramatic presentation of the story of Jesus is compelling. The first half of the gospel is dominated by dialogues between Jesus and a handful of individuals who do not appear in the other gospels but whose portraits are finely drawn: Nicodemus, the leading Pharisee who came to Jesus by night (ch. 3); the Samaritan woman by the well at Sychar (ch. 4) who turns out to have had five husbands; the man who had been ill for 38 years, lying beside the pool with five porticoes (ch. 5); the man born blind whose sight is restored and who gradually understands who Jesus is (ch. 9).
Prophet and Teacher
Authors: Stanton Graham
Published: November 2023

For most people today ‘prophet’ and ‘teacher’ are quite distinct terms. A prophet is a rugged individualist whose message shatters complacency or even subverts generally held views. Today a prophet is not normally considered to be the sort of person who would gather a group of disciples and instruct them carefully in a teacher–pupil setting.
Messiah, Son of God, Son of Man
Authors: Stanton Graham
Published: November 2023

What claims did Jesus make about himself? Until the rise of modern historical study of the gospels in the late eighteenth century, it was generally assumed that Jesus spoke openly about himself as a divine being. Jesus of Nazareth was the Son of God of the Christian creeds. Reference was often made to verses from the fourth gospel such as John 8: 58 and 17: 5. In the former, when Jesus says, ‘Before Abraham was, I am’ (John 8: 58), there is a clear echo of God’s self-disclosure to Moses in Exodus 3: 14: ‘I am who I am.’ In John 17: 5 Jesus speaks of the glory which he had with the Father before the world was made.
Paths to Creativity for Knowledge-Intensive Workers
Authors: Sodergren Birgitta
Published: November 2023

In the era of the ‘knowledge society’ many companies are becoming increasingly aware of the fact that their competitiveness, in terms of both customer value and shareholder value, is to an increasing extent based on knowledge. Also in society as a whole we can see that organizations play an important part in the development and spread of knowledge. Companies do not only create goods and services; they also create knowledge, for themselves, for individuals, and for society.
Shareholder Value and the Modernization of European Corporate Law
Authors: Ferrarini Guido
Published: November 2023

In this chapter, I argue that the shareholder value concept is a useful yardstick by which to measure the responsiveness of corporate law and practice to the needs of capital markets. I analyses, in particular, some of the corporate law institutions and practices that offer an organizational setting for the wealth creation process, focusing on the board of directors, take-overs, and share buy-backs.
Institutional Investors and Corporate Governance: Solution or Problem?
Authors: Garrido Jose M , Rojo Angel
Published: November 2023

The rise of institutional investors is an undeniable fact in every developed stock market of the world. The purpose of this chapter is to explore the interaction between the growing importance of institutional investors and the debate on corporate governance, with special attention given to the Spanish legal environment.
British Commercial Bank Support for the Business Sector and the Pressure for Change, 1918–39
Authors: Collins Michael , Baker Mae
Published: November 2023

In the interwar period commercial banks in Britain (as elsewhere) came under severe pressure to change their traditional approach to the provision of finance for the business sector. Problems arising from the disruption of the First World War, the Great Depression of 1929–32, and the long-term contraction of overseas markets for British manufacturing goods, led to major structural changes within the country’s industrial sector and to large-scale unemployment. Central to the disruption were the chronic difficulties facing the so-called traditional industries that were heavily dependent on export markets—in particular, the coal, textiles, iron and steel, shipbuilding, and heavy engineering sectors. Such problems led to an unprecedented amount of pressure (both economic and political) on the banks to become more actively involved in the affairs of their business clients.
Compensatory Damages: Comment
Authors: Hurley Gabrielle
Published: November 2023

This comment on some of the issues raised in John Cartwright’s paper (Chapter 1) is written from the perspective of the construction and engineering group at Norton Rose.
Ec Law Remedies In Judicial Review
Authors: Gordon Richard
Published: November 2023

Remedy depends upon the EC violation alleged 5.37 Type 1—Administrative public law breach alleged but underlying EC legislation not challenged 5.38 Type 2—Challenge to transposing or other relevant legislation and/or to a public law breach derived from such unlawful legislation 5.45 Type 3—Underlying challenge to the validity of EC legislation 5.57 where State does not exercise an EC discretion 5.121 The distinguishing feature—absence of need to prove breach as ‘sufficiently serious’ 5.121 Failure to transpose directives 5.124 EC or domestic rules of damages liability—which apply? 5.126 State liability and liability under Article 288 (ex 215) EC compared 5.134 Analysing classes of State EC damages liability where discretion is exercised 5.140
The Original Story
Authors: Dudbridge Glen
Published: November 2023

The text of Jiang Zhiqi’s inscription quickly found its way to Hangzhou. A monk of the [Upper] Tianzhu Monastery there made it his business to engrave and re-erect the inscription in 1104. Our sources for that now fragmentary text take the form of a rubbing and three published transcripts. The rubbing is No. 02202 in the Fu Sinian Library of the Academia Sinica at Nangang, Taiwan. The transcripts were published in 1824, 1830, and 1925.
Textual Traditions Examined: What the Text of the Apostolic Fathers tells us about the Text of the New Testament in the Second Century
Authors: Petersen William L
Published: November 2023

A century ago ‘a small committee’ of the Oxford Society of Historical Theology published a slender, 144-page volume entitled The New Testament in the Apostolic Fathers. The charge given the committee was ‘to prepare a volume exhibiting those passages of early Christian writers which indicate, or have been thought to indicate, acquaintance with any of the books of the New Testament’. The committee limited itself to the so-called Apostolic Fathers, examining eight authors (and/or texts).3 The results were presented in exemplary fashion. Each passage in an Apostolic Father thought to have a possible parallel in the canonical New Testament was excised and printed in Greek, accompanied by the putative parallel(s).4 A brief analysis accompanied each passage; often, a concluding summary gave an overview of that author’s (or text’s) presumed knowledge of the New Testament. Let us begin by reviewing the results achieved a century ago.
The Irony of the Community’s Human Rights Policies
Authors: Williams Andrew
Published: November 2023

In this book I have examined a sequence of stories. From an investigation into those narratives concerning human rights externally and internally to those that explain the generation of human rights as a founding principle of the Community and its identity, I have attempted to demonstrate how the Community has constructed a policy that has affected both its constitution and its practice. The result has not been the rendition of a linear history or a chronicle. More accurately, it has been a genealogy, an excavation of the plurality of the Community’s institutional narratives on human rights, how they are constructed and how they are read.

My aim throughout has not been simply to uncover these stories but to interpret them, specifically to understand what they tell us about the Community and the role of human rights within it. At a time when human rights have acquired emblematic status, representing the imposition of order for Europe and the world, this is an increasingly necessary undertaking.
Effect Of Administrative Decisions
Authors: Nazzini Renato
Published: November 2023

Regulation 1/2003 codifies the previous case law of the Court of Justice on the effect of administrative decisions by the Commission in civil proceedings. It provides that when national courts rule on agreements, decisions, or concerted practices falling under Article 81 or 82 EC they may not hand down any judgment that runs counter to a decision adopted by the Commission in respect of the same agreements, decisions, or practices.1 However, the effect of a Commission decision is wider and extends to third parties having standing to bring an action against the decision under Article 230(4) EC ‘without any doubt’ and, possibly, to other third parties in application of Article 10 EC.
Disclosure And Admissibility Of Evidence
Authors: Nazzini Renato
Published: November 2023

Concurrent proceedings are likely to occur in competition law enforcement. As a consequence, it is necessary to define the limitations on disclosure and admissibility of evidence obtained or generated in one set of proceedings in another set of proceedings. Evidence obtained by the Commission in the course of an investigation may be relevant information for the purposes of further administrative proceedings by the Commission or by national competition authorities. Section B of this chapter analyses disclosure and admissibility of evidence obtained by the Commission in other administrative proceedings for the enforcement of EC or national competition law, including the additional protection afforded to information submitted by leniency applicants.
Copyright Norms and the Problem of Private Censorship
Authors: Gordon Wendy]
Published: November 2023

Copyright policy must resolve intelligently the tension between upstream and downstream creators, between incentives to create and incentives to use. Downstream authors who copy and transform others’ images or words as an input to new creativity have obvious free speech concerns. So do simple copiers in those many instances where even non-creative copying is essential for expressing one’s ideas or allegiances. Part of the tension is economic. Because virtually every author needs access to predecessor texts, a legislature that increases copyright protection for today’s creators simultaneously increases tomorrow’s costs of creation or use. But the issue goes far beyond mere pricing and output.
Contested Boundaries: Ambiguity and Creativity in the Evolution of German Codetermination
Authors: Jackson Gregory
Published: November 2023

Institutions are commonly seen as formal and informal ‘rules of the game’ that provide economic agents with incentives and constraints, and thereby induce stable patterns of behavior.1 Institutional constraints from political, legal, and social environments often lead to institutional isomorphism whereby organizations adopt similar structures and routines (Meyer and Rowan 1977). Institutional theory has thus offered powerful explanations of why organizations have diverse responses to similar economic pressures. Conversely, institutions may present comparative advantages for different types of activities (Streeck 1992; Whitley 1999; Hall and Soskice 2001). These insights have laid a valuable foundation for international comparisons of business, corporate governance, or industrial relations.
A Babel off Broad Street: artificial language planning in 1650s Oxford*
Authors: Lewis Rhodri
Published: November 2023

In 1648, the scientist and political economist William Petty—then a young man in a hurry to cash in his ample reserves of ability and ambition—published his manifesto for the reformation of technical and medical education, entitled The Advice of WP. to Mr. Samuel Hartlib. This work, Petty’s first, was one through which he sought to make his name in ascendant Puritan circles within and without the English universities. In it, he asserted the primacy of the Baconian view that it was ‘more profitable … to spend ten or twelve years in the study of Things … then in a rabble of words’. He made a number of suggestions as to how this might best be achieved. Of most pertinence here is his view that, rather than preoccupy themselves with the study of various languages, children should concentrate on matters ‘such as are in the order of Nature … and are attainable by the help of memory’. They should ‘observe and remember all sensible Objects and Actions’, and only then move on to the study of language. And Petty envisaged a language that would help, rather than help to reverse, this process: the students should ‘not onely be taught to Write according to our Common Way, but also to Write Swiftly [sc. in shorthand] and in Reall Characters’. This use of real characters—representing things or notions rather than words—would increase their knowledge, but ‘were the Reall and Common characters brought into practice’, then there would also be much less need ‘to learne Forraine Languages’, both within and without Petty’s proposed school, allowing time for the study of more valuable matters.
Overview
Authors: Benjamin Joanna
Published: November 2023

Part II relates to simple financial positions, and in particular to guarantees, insurance, derivatives, standby credits, and performance bonds. One party to such contracts acts as risk taker or protection provider. Typically it does so in exchange for a fee or other return, such as an insurance premium, although individual guarantors often act gratuitously. The protection provider agrees to take a specifield risk from another person, known as the protection buyer or, where a third party pays for the arrangement as under a standby credit or performance bond, the beneﬁciary.
Managed Funds
Authors: Benjamin Joanna
Published: November 2023

Chapter 8 discussed funded positions from the points of view of the company wishing to raise capital, and considered the corporate finance alternatives of bank loans and capital markets finance. This section considers, from the point of view of the risk taker with funds to invest, an important option for investing capital

namely managed funds.
Title Transfer Collateral Arrangements
Authors: Benjamin Joanna
Published: November 2023

Title Transfer Collateral Arrangements Much of the concern legally to protect close out netting stems from its widespread use in a type of legal collateral structure known as title transfer collateral arrangements (TTCAs). TTCAs are widely relied on in repo, securities lending transactions, and buy/sell-back transactions, and also in the collateralization
The Rise Of Net Positions
Authors: Benjamin Joanna
Published: November 2023

A range of techniques may be used to address credit risk, but none has as magical an effect for the creditor as netting. A guarantee or other simple ﬁnancial position substitutes the credit risk of the guarantor or other protection provider for that of the debtor. A traditional security interest or other asset backing substitutes the risk of the collateral assets for that of the debtor. But as far as the creditor is concerned, an effectively marked to market net position simply takes risk away.
Trends
Authors: Benjamin Joanna
Published: November 2023

This fi nal chapter in Part V considers trends relating to asset-backing. It discusses in turn the adaptation of property rights in the fi nancial markets (section 21.1), and the declining use of property rights in the fi nancial markets (section 21.2).
The Arm’s Length Regulatory Project
Authors: Benjamin Joanna
Published: November 2023

The arm’s length project assumes that the parties come together as strangers, and deal in their own interests. This project is based on the view of the market as a self- regulating mechanism, which produces virtuous outcomes through the operation of the laws of supply and demand. Of course, the assumptions on which the classical economic vision of the market rests are highly artificial.. The regulatory concern is to protect these assumptions.
Introduction
Authors: Reynolds David
Published: November 2023

The ‘special relationship’ seems inescapable. True believer or iconoclastic sceptic, no one writing about contemporary British foreign policy can avoid referring to this clichéd concept. In the 1970s, after Britain entered the European Community, many predicted that it would be consigned to the dustbin of history. But then came the Falklands War. Another round of obituaries was written in the early 1990s, after the collapse of the Soviet empire. But that was before two Gulf Wars against Iraq. Like it or loathe it, the term ‘special relationship’ is still central to the lexicon of British diplomacy, trotted out every time a Prime Minister flies to Washington or a President deigns to visit London.
Culture, Discourse, and Policy
Authors: Reynolds David
Published: November 2023

These essays seek to illuminate the wartime Anglo-American relationship and its place in the history of the 1940s. They also raise questions about the methodology of international history, some of which I now try to address. This concluding chapter reflects on the evolution of international history from its nineteenth-century roots in ‘diplomatic history’, looking particularly at how it has adapted to recent developments in the historical discipline as a whole such as the so-called linguistic and cultural ‘turns’. I do so with reference to some of the material on the 1940s deployed in earlier chapters of this book.
Sections 151 to 158 of the Companies Act 1985
Authors: Roberts Catherine
Published: November 2023

The current prohibition on the provision by a company of financial assistance for the acquisition of its shares, the exemptions from that prohibition and other legislative requirements are found in eight sections (sections 151 to 158) in Chapter VI of the Companies Act 1985. In this Chapter the complete text of the legislative provisions is set out and commented upon.
A Week ‘s Pay
Authors: Korn Anthony , Sethi Mohinderpal
Published: November 2023

If an employee was asked to define what he thought his week ‘s pay was, he would probably say that it was the amount he earned in the course of a normal working week. In giving that answer he would not be far from identifying the intention underlying the statutory provisions. However, what may appear to be a comparatively simple question is complicated by the different shift patterns and payment structures which exist in industry. For example, there are some workers, e.g., shift workers and piece workers, whose pay varies from week to week.
The Fsa ‘s Powers of Investigation
Authors: Russen Jonathan
Published: November 2023

The FSA has extensive powers of investigation where, for example, in cases where it has regulatory concerns about authorised firms and the individuals employed by them, it is concerned that market abuse may have taken place, or it suspects the commission of an offence of the kind discussed in the previous chapter. The particular grounds for appointing an investigator are addressed below. The FSA ‘s powers to gather information and to investigate the affairs of those regulated by the Act (and those suspected of market abuse) are found in Part XI of the FSMA. They include a power to require the authorised person or appointed representative to produce documents, or to produce a report upon the business by a ‘skilled person ‘, as well as a power to appoint an investigator (which may be a member of the FSA ‘s own staff ) to investigate the affairs of such a person (or, again, a person suspected of market abuse). The very exercise of these powers will raise ‘requirements ‘ of the respondent of the kind discussed in Chapter 1 and which, in the event of breach, will give rise to the sanctions addressed in Chapter 5.
Independent Challenges to the Fsa ‘S Actions
Authors: Russen Jonathan
Published: November 2023

The comprehensive and far-reaching powers of the FSA outlined in earlier chapters are such as to invite consideration of the routes by which the FSA ‘s actions and decisions may be independently challenged by a person adversely affected.
Religious Dissent
Authors: Ashton John
Published: November 2023

In the beginning of any historical enquiry some account may be expected of the questions to which answers are being sought. Of course, without any knowledge of the problems or opinions about possible solutions one could not even put the questions in the first place. And when Bultmann poses (or proposes) his two Johannine riddles he is keenly aware of the kind of answer he is looking for. His first riddle, the position of the Gospel in early Christianity, implies that the fundamental difficulty is to explain the momentous shift from the message of the earliest Christian preachers to that of the fourth evangelist. His solution, which places a hypothetical Gnostic source between early and late, virtually isolates John’s distinctive teaching from other sources and influences. In any case, if we are to avoid being trapped inside Bultmann’s personal problematic we must change or rather expand his question. As was explained in the Introduction it is necessary to ask instead what is the position of the Gospel in the history of Jewish thought (leaving the term ‘Jewish’ provisionally vague, since any closer definition would preju-dice the issue of our enquiry). Evidently such a reformulation of the question carries its own presuppositions, and part of the purpose of the present chapter is to justify these.
Excursus II: ‘Salvation is from the Jews’
Authors: Ashton John
Published: November 2023

In wrestling with the problem of how to reconcile Jesus’ statement to the Samaritan woman that ‘salvation is from the Jews’ with the portrayal of ‘the Jews’ in the chapters that follow, commentators make a variety of different moves, ranging from Archbishop Bernard’s bland comment, ‘the evangelist is not forgetful of the debt which Christianity owes to Judaism’ to Bultmann’s curt dismissal of the saying as a gloss: ‘for 1. 11 already made it clear that the evangelist does not regard the Jews as God’s own people, the people of salvation (Eigentumsund Heilsvolk)’.
The Community And Its Book
Authors: Ashton John
Published: November 2023

All we know about the Johannine community is what can be inferred from its writings. Such external guides as we have are at best unreliable, at worst misleading. But within the c of the Gospel and Letters is buried a surprising amount of positive data enabling us to piece together a picture of the nature and history of the community. Of course the piecing-together cannot be done without conjecture. As in all historical study it is important to hold apart the factual evidence and the shaping hypothesis. At the same time Colling-wood’s point concerning the correlativity of the two must not be forgotten. Without some hypothesis to inform the material facts with intelligibility there would, properly speaking, be no evidence either.
Excursus III: The First Edition
Authors: Ashton John
Published: November 2023

Anyone who is convinced (a) that the awkward transitions in the Gospel require some explanation and (b) that the displacement theory is unsatisfactory must choose between two alternatives: either the evangelist has produced different editions of the Gospel (Brown, Martyn, Lindars) or somebody else, an editor or redactor, has made substantial additions to his work (Schnackenburg, Becker). These two hypotheses are not mutually exclusive, since a final redaction may have been made after extensive revisions on the part of the evangelist himself. This is in fact my own view: I agree with Brown and Martyn, against Lindars, that the appendix, chapter 21, is unlikely to have been composed by the evangelist. In this excursus, however, I am interested only in what, following Lindars, I conceive to be the first edition of the Gospel and I shall not concern myself with the problem of how and when the later material was composed or redacted.
Excursus IV: A Call to Faith
Authors: Ashton John
Published: November 2023

If one begins by asking what justification there can be for attempting to reconstruct a source in this chapter (or in any other), the answer must be, as always, the presence of aporias, as the awkward transitions have been called since Schwartz, and in this instance the presence too of clear doublets. Yet the passage we are considering is so complex we might react as Schwartz (‘Aporien IV’, p. 497) says he did to the puzzles of chapter 7, being tempted ‘to lay down [his] critical knife and to leave these sections in the confusion and disorder into which they have fallen through having been worked over
Excursus VI: The Structure of John 3
Authors: Ashton John
Published: November 2023

The sequence of thought in John 3 is notoriously hard to follow, and various ways of rearranging the text have been advocated by different scholars. Any understanding of the text must depend upon how one envisages its construction. Before trying to eliminate the aporias it is best to explain how they arose.
Dualism
Authors: Ashton John
Published: November 2023

The Fourth Gospel announces its dualism clearly and unequivocally from the very first page: ‘The light shines in the darkness, and the darkness has not mastered it’ (1: 5). This light, already declared to be ‘the life of men’, that is to say of the human race, continues to shine in spite of the futile attempts of the darkness to overcome it. A few verses later this opposition is repeated in different terms: ‘He was in the world . . . yet the world knew him not’ (1: 10). Then it is explained—reflected—in a declaration of further hostility: ‘He came to his own home (Ta Y 8ØÆ), and his own people (oƒ Y 8ØoØ) received him not’ (1: 11). And a little further on ‘he’ (the light that is the light of the human race) is identified as ‘the Word made flesh’.
Experimental techniques
Authors: Henderson B , Imbusch G F
Published: November 2023

Tms book is concerned with the optical properties of inorganic solids which have a measurable forbidden energy gap between the valence and conduction bands. The bandgap may be small, as in some semiconductors, or large, as in materials such as diamond and aluminium oxide. Both impurity ions and defects may have energy levels in the gap, and transitions may be excited between these gap levels or between band states and the gap levels. Many experimental techniques have been used to investigate such transitions, those of longest standing being optical absorption spectroscopy and photoluminescence spectroscopy. In crystalline materials absorption and luminescence transitions may be strongly polarized due to the electronic centre occupying a low-symmetry site in the solid or to the effects of an external perturbation (e.g. magnetic field, electric field, or uniaxial stress). Analysis of the luminescence decay after pulsed excitation may indicate the dipole nature of the radiative process (Section 2), and the occurrence of dynamic processes such as excitation transfer between centres (Section l0.1).
Spectroscopy at high dopant concentrations
Authors: Henderson B , Imbusch G F
Published: November 2023

So far this treatment of the spectroscopy of optically active centres in solids has assumed these centres to be isolated from each other. When the concentration of centres is increased, or when a second type of optically active centre is also introduced, allowance must be made for the possibility that two centres are sufficiently close to each other to interact. This interaction may be too weak to have a detectable effect on the energy levels so that the centres retain their individual identities but may yet be sufficiently strong to enable excitation to be transferred from one to another. The occurrence of energy transfer between centres can significantly affect the luminescence properties of a material. In some cases two or more centres may be near enough to interact strongly, so forming a new spectroscopic centre. In fully concentrated crystals such as manganese fluoride, chromic oxide, or praseodymium trifluoride the inter-ion coupling is so strong that the excitation must be interpreted as shared by all the ions acting collectively.
Expert Evidence
Authors: Cameron Cecily , QC Elizabeth-Anne Gumbel
Published: November 2023

The selection and instruction of medical experts is at the heart of clinical negligence practice. It is critically important that the expert is prepared get to grips with the minutia of the medical records, understands the particular issues that must be addressed in the report and how these interface with the legal tests in negligence. The expert must be impartial and should be familiar with his or her obligations under CPR Part 35 and PD35, in particular the overriding duty to the court.
The Law Commission’s Proposals For The Reform of Corporate Security Interests
Authors: Bridge Michael
Published: November 2023

After two consultation documents, against a background of quite severe time pressure on consultants and the Law Commission itself, the Law Commission has now issued its Report on Company Security Interests (‘the Report’). In this chapter I shall assume a general familiarity with the recommendations of the Law Commission. The interests of brevity also rule out a close analysis of the progress of individual proposals through the two consultation papers prior to their flnal disposition in the Report.
Hong Kong Sar
Authors: Fernandes Carl , LLP Linklaters
Published: November 2023

The Hong Kong Monetary Authority (HKMA), the Offlce of the Commissioner of Insurance (OCI), and the Securities and Futures Commission (SFC) are the principal regulators of the banking, insurance, and securities industries in Hong Kong. The Banking Ordinance (BO) regulates banking business and deposit-taking activities in Hong Kong. Money lending (other than by locally licensed banking institutions) is regulated under the Money Lenders Ordinance (MLO), and also under the Securities and Futures Ordinance (see below) as the regulated activity of ‘securities margin financing’, to the extent that loans are used to facilitate the acquisition or continued holding of listed securities. The Securities and Futures Ordinance (SFO) is the principal piece of legislation regulating the Hong Kong securities and futures market. Areas covered include offers of investment products and licensing in respect of ‘regulated activities’ (covering areas such as dealing and trading in securities and derivatives, investment management, and investment advice). In addition to the SFO, the Companies Ordinance (CO) is also relevant to the public offerings of certain securities in Hong Kong.
Malaysia
Authors: Rajan Yohan
Published: November 2023

The principal regulatory authority that regulates the banking and the general insurance activities is the central bank of Malaysia, Bank Negara Malaysia. In relation to securities activities, the principal regulatory authority is the Securities Commission. The Bank Negara Malaysia (BNM) has the following enforcement powers: Banking and Financial Institutions Act 1989 (BAFIA): The enforcement powers of the BNM are stipulated in Part XI of the BAFIA. Under Part XI, the BNM may appoint any of its officers or any other person to be an investigating officer. No person shall obstruct the exercise of powers by an investigating officer.
Sri Lanka
Authors: Wikramanayake Arittha R
Published: November 2023

The principal regulatory authority for Banks is the Department of Bank Supervision (DBS) of the Central Bank of Sri Lanka, established under the Monetary Law Act No 58 of 1949. The Insurance Industry is regulated by the Insurance Board of Sri Lanka (IBSL) and the securities industry is regulated by the Securities and Exchange Commission (SEC). For further details on the Central Bank, the SEC, and the IBSL see para 3.1, below. The Department of Bank Supervision: The DBS is vested with the power to examine the books and accounts of every commercial bank in Sri Lanka and consequent to an examination of the affairs of any banking institution, may take all such measures necessary to prevent the continuance of business by the institution. Further, the Director of Bank Supervision is entitled to cause an application to be made to a competent court for the winding up of the institution. Insurance Board of Sri Lanka: The Regulation of Insurance Industry Act No 43 of 2000 empowers the Board may order an inspection or investigation of the activities of a company registered under the Act. An insurer is required to prepare and maintain accounts in a form and manner determined by the Board and furnish reports, quarterly returns, and copies of re-insurance as required by the Board. Under the Act the Board is also vested with the power to order re-evaluation, increase deposits, and order investigations into the affairs of the insurer. Section 69(2)(b) of the Act empowers the Board to apply to the District Court to order a winding up of an insurer if it is satisfied that the insurer has failed to comply with the provisions of the Act, and it appears from the returns furnished by the insurer that the insurer is insolvent or that the continuance of the insurer is prejudicial to the interests of the policy holders.
Linear Mechanics
Authors: Cullerne John P , Machacek Anton
Published: November 2023

Kinematics is the study of motions within a framework of three-dimensional (3-D) space which are realized in the course of time. This study is made independently of the physical laws of these motions. Dynamics is the study of the physical laws of motion. It seems absolutely logical to study the different kinds of motion in space, before considering the reasons and according to what laws such and such a motion occurs in such and such a circumstance. In this chapter we will be following this quite traditional line of storytelling, but we will do so as a development of ideas rather than a compartmentalizing of the subject matter.
The Lives of Statues
Authors: Bradley Richard
Published: November 2023

It is curious that some of the smallest three-dimensional images in prehistoric Europe should have been treated in the same ways as the largest ones. It is still more striking that such practices occurred at opposite ends of the Continent(Scarre 2007b).With only a few exceptions, small models of human bodies are associated with Neolithic and Copper Age sites in Eastern Europe, while monumental sculptures occur mainly in the west.
In Open Country
Authors: Bradley Richard
Published: November 2023

The conventional term ‘megalithic art’ raises many problems. Some have been addressed in Chapters 3 and 4, and more of them will be considered here. These difficulties arise for three main reasons. Despite the claims of early scholars, it lacks a single style of imagery and is defined almost entirely by the contexts in which it is found. At the same time, the decorated panels can be entirely abstract and might have made quite different references from naturalistic designs. Even in areas where the same motifs were shared between separate tombs, they could be organized in very different ways. It is not a promising starting point for research.
The internationalization of minority rights
Authors: Kymlicka Will
Published: November 2023

Debates regarding integration and accommodation are a familiar feature of the political life of many countries and, indeed, are often the most enduring and contentious aspect of domestic politics. But these debates are not solely domestic. The international community plays an increasingly important role in shaping these debates, endorsing some models of integration and accommodation while discouraging others. And this endorsement is not just a matter of exhortation or moral support. Countries that follow the recommendations of the international community may gain access to vital financial, technical, and even military assistance in addressing their ethnic conflicts. In short, international organizations influence both the policy choices that states make regarding diversity and the likelihood that the chosen policies will succeed.
The Atomic Nucleus (1911)
Authors: Brandt Siegmund
Published: November 2023

In the first decade of the twentieth century atoms were a reality to nearly every scientist. It was also known that they were not indivisible since, by ionization, one or more electrons could be removed from an atom. That meant that an atom contains one or more electrons. As we have seen (Episode 14), the size of atoms was known. But nothing was known about their inner structure. Several models of the atom were proposed but could not be subjected to severe experimental tests. The most popular model was one by J. J. Thomson, sometimes called the plum-pudding model [1]. It described the atom as a sphere filled out evenly with positive charge which contained the point-like electrons.
Bohr’s Model of the Atom (1913)
Authors: Brandt Siegmund
Published: November 2023

Bohr [1,2] ranks among those few physicists who exert the strongest scientific influence on others. Many important theoreticians of the twentieth century regarded him their teacher, although, like Einstein, he did not have a single Ph.D. student. Bohr was the son of a professor of medicine and physiology at the University of Copenhagen; the Bohr family, for generations, had been one of teaching and learning. His mother was the daughter of a banker and philanthropist. His younger brother Harald, Niels’ closest friend, became an eminent mathematician and, as a young man, was an excellent soccer player and member of the Danish National team. Bohr began to study physics in Copenhagen in 1903. He solved a prize problem, requiring extensive experiments which he performed in his father’s laboratory (there was none for the physics chair) and won the prize in 1907. In 1909 he obtained a master’s degree with work on the electron theory of metals and in 1911 his Ph.D. with a thesis on the same subject.
Two Transuranium Elements Finally Found – Neptunium and Plutonium (1940/41)
Authors: Brandt Siegmund
Published: November 2023

In 1789, the Berlin chemist Klaproth discovered a new element in pitchblende ores from Johanngeorgenstadt in Saxony and from Sankt Joachimsthal in Bohemia. He called it uranium after the outermost planet then known. That planet, the seventh, had been discovered eight years earlier by Herschel in England and named uranus after Urania, the muse of astronomy and geometry. At that time the Periodic Table was still unknown. But after it was established in 1869 and generally accepted in the years to follow, the name uranium was considered fitting for the last in the list of elements. However, the analogy was spoiled a little because since 1846 an eighth planet, neptune, was known.
The Pi Meson Discovered by the Photographic Method (1947)
Authors: Brandt Siegmund
Published: November 2023

More than twelve years after Yukawa had proposed the existence of a particle as carrier of the strong interaction between nucleons (Episode 57), a particle with properties expected by his theory was finally observed. The discovery was possible because important improvements had recently been made to one of the oldest techniques in the detection of ionizing radiation, the photographic  method.
Strangeness – A New Quantum Number (1955)
Authors: Brandt Siegmund
Published: November 2023

In Episode 68 we saw how, beginning in 1947, new particles were observed which were considered ‘strange’, because they were obviously produced by strong interactions but decayed only via the weak interaction. The first important step towards an understanding of these strange  particles was done by Pais in 1952 with his idea of an associated  production.
Parity – A Symmetry Broken (1957)
Authors: Brandt Siegmund
Published: November 2023

In October 1957, I attended my first conference, the annual meeting of the German Physical Society which was held in Heidelberg. I was in my sixth semester and had just begun to work on my diploma thesis under Paul in Bonn. The highlight was a talk by Weisskopf who reported on the ‘fall of parity’. I had never heard of parity, let alone that so far it had been tacitly taken to be conserved. Mirror-image symmetry or, as it was technically called, parity invariance had been taken for granted so much that it was not even mentioned in most text books. When it was found not to hold, Dirac was asked for a comment. His answer was [1]: ‘I never said anything about it in my book.’