bluuebunny/crossref_metadata_2025 huggingface dataset:
Introducing ICE
Authors: Greenbaum Sidney
Published: November 2023

ICE (the International Corpus of English) is an ambitious project, drawing on researchers located in over twenty countries. Its principal aim is to provide the resources for comparative studies of the English used in countries where it is either a majority first language (for example, Canada and Australia) or an official additional language (for example, India and Nigeria). In both language situations, English serves as a means of communication between those who live in these countries. The resources that ICE is providing for comparative studies are computer corpora, collections of samples of written and spoken English from each of the countries that are participating in the project. For most of the countries, the ICE project is stimulating the first systematic study of the English used in their country. published the original proposal for ICE in 1988 (Greenbaum, 1988a) after preliminary discussions on the scope of the project. Since its inception I have been co-ordinating the project, and the Survey of English Usage (of which I am Director) has been providing guidance to participating research teams and dealing with their queries. The Survey has distributed manuals on the compilation and annotation of the ICE corpora and has created much of the software for these purposes. We have sent out newsletters and accompanying discussion documents. Most of the ICE participants have visited the Survey to view our work on ICE-GB (the British ICE corpus) and to discuss work on their corpora. Since many of them attend annual conferences of ICAME (the International Computer Archive of Modem English), the conferences provide an opportunity for meetings to report progress. ICE-GB was the first ICE component to be started. At the time of writing, commitments have been received from researchers for eighteen national or regional corpora.
About the ICE Tagset
Authors: Greenbaum Sidney , Yibin Ni
Published: November 2023

The ICE tagset was devised by the Survey of English Usage. It is based on the tagset that was developed by the TOSCA Research Group at the University of Nijmegen, though the two differ substantially.
Why a Fiji Corpus?
Authors: Tent Jan , Mugler France
Published: November 2023

The linguistic situation in Fiji is unique and complex. Of the three major languages spoken in Fiji (Fijian, Fiji Hindi, and English) English is the first language of only a tiny section of the population. Yet its influence on the lives of Fiji’s people is very significant. Over the last 200 years, its role has evolved from being merely a source language for foreign loanwords to the language of government, education, and commerce. In no other South Pacific nation is English used in so many domains as it is in Fiji. This paper presents a profile of the development and status of Fiji English, and argues for its inclusion in ICE.
Narrative Comprehension
Authors: Emmott Catherine
Published: November 2023

Despite the current explosion of interest in cognitive linguistics, there has so far been relatively little research by cognitive linguists on narrative comprehension. Emmott draws on insights from discourse analysis and artificial intelligence to present a detailed model of how readers build, maintain, and use mental representations of fictional contexts, and how they keep track of characters and contexts within a complex, changing fictional world. The work has implications for linguistic theory since it questions several long-held assumptions about anaphora, arguing for a `levels of consciousness' model for the processing of referring expressions. The book begins with a summary of current issues in text-processing theory and a discussion of the methodological importance of recognizing the hierarchical structure of discourse. The core of the book explores the significance of contextual monitoring in narrative comprehension and looks particularly at the cognitive demands placed on readers by flashbacks. Later chapters examine the implications of contextual monitoring for reference theory and for a literary-linguistic model of narrative text types. The study focuses on anaphoric pronouns in narratives, assessing the accumulated knowledge required for readers to interpret these key grammatical items.
Aspectual Constructions In Scottish Gaelic
Authors: Ramchand Gillian Catriona
Published: November 2023

In this chapter, I argue that there exists an explicit phrase structure node AspP in Modern Scottish Gaelic. In addition, I will argue for a particular semantic decomposition of the contribution of the verbal projection, and show that the different object positions in SGaelic are correlated with different aspectual interpretations. Consider the following sentence in Scottish Gaelic.
Cognitive Semantics and Prototype Theory
Authors: Geeraerts Dirk
Published: November 2023

With the birth of cognitive semantics, new ideas from the field of theoretical semantics have found their way to the study of meaning changes, and that should not come as a surprise: one of the major things cognitive semantics is interested in is polysemy-and polysemy is, roughly, the synchronic reflection of diachronicsemantic change. As elsewhere in the language, diachrony within synchrony equals variation, and in the present case that means semantic variation. The interest of theoretical semanticists working within the framework of cognitive semantics in the study of meaning changes derives from their interest in polysemy, if only because the synchronic links that exist between the various senses of an item coincide with diachronic mechanisms of semantic extension such as metaphor and metonymy.
Ranking Forward-Looking Centers in Turkish: Universal and Language-Specific Properties
Authors: Turan Omit Deniz
Published: November 2023

This chapter investigates the possible factors in ranking forward-looking center list in Turkish discourse. The role of surface order position. grammatical configuration hierarchy, and thematic roles are discussed. It is shown that surface order does not contribute to ranking in Turkish, while subject hood is a strong indicator of salience in the list. However, non subjects become more salient in subjective sentences and when the predicate is a psychological verb.
Recency Effects in English Inversion
Authors: Birner Betty J
Published: November 2023

Previous work (Birner 1992, 1994) has shown that the preposed constituent of an English inversion must not represent less familiar information within the discourse than does the postposed constituent. However, what is relevant for the felicity of an inversion is more than simply whether or not an element has been previously evoked in the discourse. An examina tion of a corpus of natural language data suggests that discourse-familiarity is a gradient notion determined by a range of factors, including prior evocation, inferability, and recency of mention.
The Yokuts Challenge
Authors: Archangeli Diana , Suzuki Keiichiro
Published: November 2023

A challenge to Optimality Theory (henceforth, OT) (Prince and Smolensky 1993, McCarthy and Prince 1993a) comes from certain cases which have been characterized by the interaction of multiple rules. Such cases are problematic if they create a situation in which some linguistically significant generalizations are non-surface true, the property also known as phonological opacity (Kiparsky 1971; 1973). Under the serial-derivational model, such a situation is dealt with by the interaction of ordered rules. Since constraints in OT are stated in terms of output well-formedness, however, there is no means of referring to any intermediate stage of derivation.
Rules in Optimality Theory : Two Case Studies
Authors: Blevins Juliette
Published: November 2023

Within Optimality Theory, as formulated by Prince and Smolensky (1993) (P&S) and extended in much subsequent work, surface forms within a language are those which optimally satisfy a sequence of universal violable constraints. What differentiates grammars is the ranking of constraints, and the possibility that a constraint may only hold of a designated morpheme or class of morphemes within a particular grammar. All constraints are claimed to be universal; the failure of a constraint to be evidenced in a particular language is taken as confirmation that the constraint is too low on the constraint hierarchy to be visible.
Rhythmic Vowel Deletion in Optimality Theory
Authors: Kager René
Published: November 2023

A challenge to any theory of phonology is to reconcile two radically different kinds of interaction: conspiracy and opacity. A conspiracy is a situation in which independent processes interact in such a way that they create a uniform pattern in surface forms. In contrast, opacity is an interaction by which one process obscures the context of application of another process—resulting in a loss of transparency in the surface form. One of the principal reasons for which rule-based theory has recently come under attack is that it offers no satisfactory explanation for conspiracies. Rule-based theory fails in this respect, since it states generalizations in the form of structural descriptions, which are checked against representations at various steps during a serial derivation. All that is relevant for rule application is that some representation matches the context of a rule at the point in the derivation at which that rule applies. In this view the level of the output is no more privileged than any intermediary level. In contrast, Optimality Theory (Prince and Smolensky, 1993; McCarthy and Prince, 1993b) defines grammatical well-formedness as the result of an interaction of conflicting constraints on surface forms, thus abandoning the concept of ordered rules. Focusing on the output allows a more principled explanation of conspiracies. In OT, a convergence to surface patterns is the expected situation, since the output is the single level at which generalizations can be stated.
Unbalanced and Extraordinary Balanced Coordination
Authors: Johannessen Janne Bondi
Published: November 2023

There are two classes of coordinated structures which have been largely ignored in the literature. They have not been studied together, and have hardly been noted as a phenomenon at alL If they have been mentioned, it has usually been in a footnote, an appendix, or in the section on residual problems. Sometimes they have been given more discussion, though; in the cases where these constructions are the norm rather than the exception. The phenomena are very widespread in the languages of the world, but while they are the rule in some languages, they are non-standard in others. The two phenomena are unbalanced coordination (UC) and extraordinary balanced coordination (EBC), the first of which has one conjunct which deviates grammatically from what is expected in the position of that CoP, and the second of which both conjuncts deviate in this way.
The Contextualization of Terminal-Speaker Discourse and the Production of an Across-the-Border Voice: Beyond Grammar
Authors: Tsitsipis Lukas D
Published: November 2023

As is the case with fluent speakers, with terminal speakers too the study of their sociolinguistic profile cannot be exhausted with a discussion of their grammatical, phonological, and lexical competence. We must turn to their communicative praxis as this takes shape in their interactions with other community members. Such a focus furnishes the necessary links between the broader societal praxis, as discussed in the Introduction and Chapter 2, and locally produced oral discourse.
Colloquies, wordbooks, and dialogues for teaching and learning foreign languages
Authors: Hullen Werner
Published: November 2023

The colloquies’ of the various Hermeneumata were the first instance of a hybrid text-genre between a conversation and a glossary. At least in parts, they are contextualized word-lists with semantically related lexemes. As didactic dialogues, they suffer from what we would today call an inversion of functions. Considering the fact that the teacher ought to provide most of the foreign language in the classroom.
Evaluation and the Planes of Discourse: Status and Value in Persuasive Texts
Authors: Hunston Susan
Published: November 2023

It will certainly have emerged in this volume that evaluation is a highly complex linguistic function. Most of the other chapters have dealt with the complexity by isolating certain aspects to focus on. In this chapter, Hunston faces it head-on. She sets out to explore the different types of evaluation that are expressed and their relationship to the different things that are evaluated.
G
Authors: Beaton K B
Published: November 2023

Sammeln expresses the basic meaning of gather and collect, ‘to bring together into one place or group’, and is used in several contexts.The main difference between collect and sammeln is that sammeln can only be used when several things are brought together on different occasions and over a period of time, which is usually fairly long, but is occasionally short. You can collect your passport at the beginning of next week involves only one object and one occasion, and collect means ‘to go/come and get’. Here abholen is used.
Case Marking and the Experiencer Verbs in OId English
Authors: Allen Cynthia L
Published: November 2023

In the next two chapters, we will look at some ‘impersonal’ constructions in OE, as well as some ‘personal’ constructions closely related to them. The present chapter is a primarily descriptive one which surveys some of these constructions and looks at the question of how frequent particular constructions were with individual verbs. This chapter is by no means intended as an exhaustive discussion of the experiencer constructions of OE, or the related ‘personal’ constructions found with the experiencer verbs. Rather, my purpose is to lay the groundwork for an examination of what effect the loss of case-marking distinctions had on the assignment of grammatical relations. Given the intense interest which these constructions have generated in syntacticians within the generative framework, as well as the continued interest in this subject on the part of scholars of English, it might be thought that no further work would be necessary into the question of what sorts of ‘impersonal’ constructions were part of OE.
Change in Passives: Single Objects
Authors: Allen Cynthia L
Published: November 2023

We have seen that in OE, verbs which took dative objects could appear with passive verbal morphology, but unlike verbs which took accusative objects, the dative object retained its case marking. This situation changed in ME, as the following examples show: I will call constructions like those in (198), (199), (200), and (201) ‘direct’ passives, and the older type in which the dative object retains dative marking ‘indirect’ passives. Closely related to this change in passivization is the advent of ‘recipient’ passives, such as he was given a book. The difference is the number of NP.
Comparative Dravidian Studies
Authors: Krishnamurti Bhadriraju , Emeneau Murray B
Published: November 2023

1. Introduction

1.1 The Dravidian family consists of around 22 languages spoken by about no million people in South Asia. In terms of population figures (in millions), they may be listed in the following order:1 Telugu (37.67 m.), Tamil (30.56 m.), Kannac;la (17.42 m.), Malayalam (17.02 m.), Gondi (1.5 m.), Kurux or Oraon (1.14 m.), Tutu (940,000), Kuvi (510,000), Brahui (300,000), Kuvi or Khond (190,000), Kaya (140,000), Malto (90,000), Kodagu (80,000), Kolami (50,000), Parji (20,000), Konda or Kūbi (13,000), Gadaba (8000), Naiki (1500), Pengo (1300), Kota (900), Ollari (800), and Toda (800). With the exception of Brahui, which is spoken in Baluchistan in Pakistan, the rest of the languages are spoken in the Republic of India, mainly concentrated in the south, central, and eastern parts [see Map 21.1].
Sound Change: Shared Innovation vs. Diffusion
Authors: Krishnamurti Bhadriraju , Emeneau Murray B
Published: November 2023

This paper is intended to be a contribution to the theory of lexical gradualness of sound change on which several important studies have appeared recently (Wang 1969, 1974, Chen and Wang 1975, Chen 1972, Chen und Hsieh 1971). It further proposes, on quantitative grounds, criteria for distinguishing a shared innovation from the phenomena of diffusion and drift.
A Vowel- Lowering Rule in Kui- Kuvi
Authors: Krishnamurti Bhadriraju , Emeneau Murray B
Published: November 2023

The South-Central branch of the Dravidian family consists of seven languages whose genetic subgrouping can be represented by the following tree diagram:

Rule A is found to operate at all stages and in all branches of Dravidian at different points of time, whereas Rule B is specifically a Proto-South-Central Dravidian rule (for details, see Krishnamurti 1978a: 18–19).
A Problem of Reconstruction in Gondi: Interaction between Phonological and Morphological Processes
Authors: Krishnamurti Bhadriraju , Emeneau Murray B
Published: November 2023

In the group of languages called South-Central Dravidian (i.e. Telugu,Gondi, Konda, Kui, Kuvi, Pengo, and Manda) as well as in the Central Dravidianlanguages, we find systematic reflexes for the final sequences of the reconstructedsingular forms *-nt(u) and *-n (for nominative and oblique) which apparently represent the retention of the Proto-Dravidian distinction between nominative andoblique case forms.
Introduction
Authors: Bailey Charles-James N , Muhlhausler Peter
Published: November 2023

The purpose of this volume is to make available to a wider audience a representative selection of C.-J. Bailey’s views on theoretical linguistics. The initial reason for such a volume was a practical one. It occurred to me whilst I lectured in Bailey’s department at the Technical University of Berlin between 1976 and 1979. The students I helped prepare for their final State exams often complained about the difficulties of finding certain of Bailey’s writings and the absence of an easy introduction to them. At the time I assumed that members of the linguistic profession would have no problems in gaining access to Bailey’s writings and that they would find them moderately easy to read. I now believe that neither of these assumptions is correct. Even Bailey’s three major books Variation and Linguistic Theory (1973), On the Yin and Yang Nature of Language (1982), and Variation in the Data (1993) are not easy to find outside the major university libraries and Bailey’s publications have continued to appear in a wide range of journals ranging from the well-known to the obscure. Some of his most important papers have remained almost unavailable.
Variation Theory and So-called Sociolinguistic Grammars
Authors: Bailey Charles-James N
Published: November 2023

From time immemorial, the human mind has struggled with how to accommodate diversity with unity, singulars with universals, temporal phases of development with timeless absolute relationships, the individual with the collective, the normal with the natural, exceptions and irregularities with systematicity, and the like. Nominalists and positivists have opted in favour of the first item in each such pair and rejected the second; it has been the other way around with idealists and rationalists (though the Labovians have (see Bailey 1992a: 240–1) strangely combined positivism with collective or social ideas in recent decades). Eventually, positivists as well as idealists have (for different reasons) ended up with a negative view of process and development, restricting their favour to static relations and a reistic view of ontology-things are real, even if the materiality or spirituality of things is viewed in opposite ways by the contending schools; see further Bailey (1982c: 33 et passim). Until temporality got introduced into scientific thinking, it was considered more scientific to deal with changeless states. Throughout the history of thought, distinctions without a difference and keeping a balance between oppositions have presented perils for thinking. On the latter, humans have preferred either to speak of unrelated and independent polarities—the distinction of matter and form, form and function, reason and will (power), body and soul, and all the other pairs that have been mooted in the history of human thought-as involving hermetically sealed off separatenesses without even feeding relations among the compartments (cf. the way some linguists separate phonetics and phonology). Thinkers throughout history have therefore often endorsed reductionist simplifications that eliminate one or the other pole of such distinctions in order to obviate one horn of each dilemma. The notion of ‘things’ being distinct yet interacting and sometimes even cooperating is apparently very difficult for many to take seriously: to be different is to be at odds with.
Analysis of Sentences
Authors: Harris Zellig
Published: November 2023

The theory of syntax presented in the preceding chapters has words as its primitive elements. Since one might hesitate at a theory whose primitives are undefined or established only circularly, it is necessary to consider whether these words arc determinable by objective and effective methods, independently of the syntactic theory. To do so we have to see how linguistic methods have segmented speech to obtain phonemes as classes of sound distinctions, words as sequences of phonemes, and sentences as sequences of words.
Sentence Sequences
Authors: Harris Zellig
Published: November 2023

Chapter 7 established the sentence as an utterance-segment within which are contained the major constraints, those of operator-argument relations. Chapter 8 showed that sentence structures form a system of relations among sentences. Chapter 9 introduces the first globally new constraint in language, beyond the constraints that created sentence boundary. This is a relation that holds only over domains larger than a sentence. In Chapter 9 the domains are continuous speech segments larger than one sentence. (In respect to this relation, single sentences are not merely short discourses, for the discourse introduces a new relation.) In Chapter 10 the domains arc sets of sentences that have in common a speaking-situation: these domains can be defined (a) externally (e.g. articles in a particular research line, or conversations when people are involved in a particular joint interest), or (b) structurally (if the sentences in a corpus of discourses show the same kind of structural relations that are found in discourses that satisfy (a)). As to meaning: much as the operator-argument structure of the one-sentence domain means predication (saying one word about another), so the pluri-sentence structure means subject matter (saying more than one thing about the same referent or the same class of referents).
The Development of an Indigenized English in a Multilingual Setting
Authors: Mian-Lian Ho , Platt John T
Published: November 2023

Singaporean English is a particularly interesting indigenized, or nativized, speech variety because it is so widely used and fills so many functions. Unlike some indigenized varieties of English, which function among only a very restricted subset of the population and perform only a small range of functions, Singaporean English performs a complete range of functions, at least for some of its speakers. By Singaporean English, we mean English as used by Singaporeans. Unfortunately, the term Singapore English is sometimes used in a somewhat pejorative manner to suggest a ‘substandard’ variety of English, especially the type of local English spoken by those with lower standards of education. It therefore seems appropriate to refer to Singaporean English in the same way that other varieties are referred to as American English, Australian English, etc.
The Language and its Name
Authors: Crowley Terry
Published: November 2023

In all the territories and colonies and independent countries of the Pacific Ocean today, there is only one in which a non-European language has a constitutional status higher than either of the existing metropolitan languages, English or French. This country is the Republic of Vanuatu.
Competition and Correspondence in Syntactic Change: Null Arguments in Latin and Romance
Authors: Vincent Nigel
Published: November 2023

The vast preponderance of work to date on syntactic change from the perspective of formal linguistics has been couched within the Principles and Parameters framework — see Battye and Roberts (1995) and van Kemenade and Vincent (1997) for representative collections of papers. Inevitably, too, given the time at which the research reported in these volumes was conducted, both principles and parameters were construed in absolute terms. A parameter was either on or off, and once set could not be overridden; principles had to be obeyed absolutely. Put in other terms, the constraints on such a system were of the ‘hard’ variety. In the present chapter we suggest instead that a number of classic issues in the study of grammar change come into sharper focus once we (a) adopt the assumptions of a different analytical framework, namely Lexical-Functional Grammar (LFG), and (b) interpret the system of grammatical constraints as ‘soft’ or violable along the lines of Optimality Theory (OT).
Article 14
Authors: Goldrick Dominic Mc
Published: November 2023

All persons shall be equal before the courts and tribunals. In the determination of any criminal charge against him, or of his rights and obligations in a suit at law, every one shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law. The press and the public may be excluded from all or part of a trial for reasons of morals, public order (ordre public) or national security in a democratic society, or when the interest of the private lives of the parties so requires, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice; but any judgement rendered in a criminal case or in a suit at law shall be made public except where the interest of juvenile persons otherwise requires or the proceedings concern matrimonial disputes or the guardianship of children.
John Austin’s Analytical Jurisprudence
Authors: Lobban Michael
Published: November 2023

John Austin is usually seen as the man who took on Bentham’s ideas on legal definitions, and presented them to the public in a workmanlike manner which lacked the subtlety and sophistication seen in the master’s work; and indeed this view was reinforced by Austin’s own words in a letter to Bentham in which he said that if he had enough means to support himself, he would ‘feel no violent desire for any other object than that of disseminating your doctrines’. It is rare, however, to examine how Austin differed from Bentham, or to look at how he adapted Benthamic notions to fit different ends. The two men seemed to have fundamentally different attitudes towards the common law, and different aspirations for their work. For whereas Bentham was celebrated as the great codifier and reformer, the prince of the Pannomion, Austin was to be seen as an educationalist and expositor, who had no desire to transform the substantive legal order, but who was engaged in a definitional and jurisprudential exercise. It is significant that Bentham’s most celebrated jurisprudential disciple should have taken up his analytical concerns, and attempted to put them into a more complete and coherent workable structure of legal concepts, without attempting the political exercise of creating complete codes of substantive and constitutional law.
Rules and Remedies in Early Nineteenth-Century Law
Authors: Lobban Michael
Published: November 2023

We are now in a position to assess the relationship between theory and practice in the common law of our period more clearly. By the 1830s, both in the jurisprudence of John Austin and in the triumph of special pleading, it was clear that the essential view of the common law remained the one which saw it as a system of remedies, deriving the substantive content of law from below largely out of cases presented by litigants. The rule-based models aspired to by Black stone and Bentham had failed to alter the way that the common law worked, so that after 1834 it remained apparently particularistic and irrationat showing little of the unity which the theorists had sought. By the 1830s, the common law had resisted the attempts of theorists to turn it into a system of defined rules: most significantly, it had resisted codification. However, in Austin, it had found a theorist who combined the formal jurisprudential notions of a rule-based science with a remedy-based explanation of how the common Jaw created its substance.
Law-Making: Politics and Structure
Authors: Windlesham Lord
Published: November 2023

Between 1948 and 1991 Parliament passed eight substantive Criminal Justice Acts for England and Wales, one Criminal Law Act which was close enough in content to the specifically criminal justice legislation to be similarly classified, four Scottish Criminal Justice Acts, and several acts dealing with criminal justice administration, international co-operation, and minor matters requiring legislation. Details are shown in Tables 1 and 2. The result of this legislative output has been the creation of a statutory framework for the administration of criminal justice and the sentencing and treatment of offenders. In the main the structure is permissive; with some exceptions, setting limits on what can be done rather than laying down by law what must be done. Successive acts have altered the shape of the structure; either by adding bits on (parole, community service orders, compensation orders, contract prisons), or, less often, by taking bits off (corporal punishment, detention centres, partly suspended sentences, the remand of juveniles to prison).
Culmination and Retreat: The Criminal Justice Act 1991
Authors: Windlesham Lord
Published: November 2023

The Criminal Justice Bill published on 9 November 1990 held out greater promise than any of its predecessors in the cycle of criminal justice legislation since 1948. For the first time, after a long and painstaking period of gestation, Parliament was presented with what was intended to be a coherent statutory framework for sentencing, relating the severity of punishment to the seriousness of the offence. The opening clauses contained restrictions on the imposition of custodial sentences on adults and young offenders (Clause 1), and criteria for determining the length of custodial sentences (Clause 2). Although at the heart of the Bill, these provisions attracted relatively little Parliamentary debate, ministers being fearful that the legislation might be branded as an attempt to empty the prisons. As a result, more time and emphasis was devoted to explaining and amending the exceptions to the restrictions on custodial sentences than to the positive arguments for limiting the use of custody as a punishment. Much less was heard of the still nebulous concept of punishment in the community than when it had been first unveiled in the Green Paper in July 1988 and refined eighteen months later in the White Paper of February 1990.
What Can Restitution Do For You?
Authors: Beatson J
Published: November 2023

What happens when money is paid by mistake1 or under coercion, when negotiations do not ripen into a contract but one party had rendered services or paid money to the other, when services or payments are made under an ineffective contract or when my property is used tortiously but without causing me loss?2 Traditional categories of contract and tort and their remedies, which have compensation as their primary aim, may not, except by fiction and distortion, be able to deal with these situations adequately and in some cases advisers may well find a more satisfactory remedy in the law of restitution.
The Patient on the Clapham Omnibus*
Authors: Kennedy Ian
Published: November 2023

Medical law used to be fun. All you had to do was read lots of strange American cases, the odd Commonwealth decision, and maybe some English nineteenth-century cases on crime; then you could reflect that none of these was relevant and get on with the fun of inventing answers. Suddenly, in the last few years, the courts have got into the act. Cases have come rattling along; medical law is beginning to get a corpus of law. Medical lawyers are having to do homework.
The Law and Ethics of Informed Consent and Randomized Controlled Trials*
Authors: Kennedy Ian
Published: November 2023

The controlled clinical trial, and particularly the Randomized Control Trial (RCT), has come to be regarded over the past two decades as ‘the paradigm source of information on which to base ... therapeutic decisions’. RCTs can be described as clinical trials to compare treatments in which the division of patients into groups is done by some method independent of human choice-that is, by the use of random numbers, without regard to the particular characteristics of the patients. ‘In this way, the characteristics of the patients are randomized ... and it is possible to test the hypothesis that, for example, one treatment is better than another and express the results in the form of the probability of the difference found being due to chance or not.’ My concern in this paper is to identify the relevant legal and ethical rules pertaining to the conduct of RCTs, with particular reference to consent.
The Donation and Transplantation of Kidneys: Should the Law be Changed?*
Authors: Kennedy Ian
Published: November 2023

Each year about 2000 people in the United Kingdom between the ages of 5 and 55 fall victim to fatal kidney disease. Most are between 15 and 35. The pain and anguish suffered by the victim, his ‘family, and friends are obviously incalculable. The cost is also immense in economic terms, including not merely the cost of medical care until death, but also the loss of productive output which the victims would otherwise have contributed. What, it may be asked, is special about this? What sets it apart from other examples of fatal accident and illness? The simple answer is that nowadays, to a great extent, death is preventable. Many of the 2000 need not die.
The Technological Imperative and its Application in Health Care*
Authors: Kennedy Ian
Published: November 2023

These are two ways of expressing what is now a widely accepted notion. Technology has its own momentum. To develop new skills and tools is to create the pressure to use them.This is a familiar enough idea. It has application in a host of contexts. One of them is in health and medical care. As Dr Yu has written, ‘Beginning in the 1960s, a great increase in the understanding of neonatal pathophysi ology took place. This knowledge was rapidly applied to clinical care by responsible physicians. Since that time, neonatology as a speciality has found its place in paediatrics, with the appointment of full-time neonatal consultants in all neonatal intensive care units. A technology has developed which enabled the growth of the speciality.’
The Legal Effect of Requests by the Terminally Ill and Aged not to Receive Further Treatment from Doctors*
Authors: Kennedy Ian
Published: November 2023

The role played by consent in the criminal law warrants careful examination. Particularly challenging to the criminal lawyer is the role played by consent in the medical-legal context. In this article, as the title suggests, I shall deal in detail with a rather specific topic. I hope to show, however, that in concentrating on such a narrow area, issues of wider import can be identified. Indeed, the aim of the article is to raise the question of whether consent is a proper conceptual tool for the analysis of medical-legal problems, by considering its use and usefulness in one particular area.
Roman Law and the Medieval Jurists
Authors: Gordley James
Published: November 2023

Although Aristotelian philosophy and Roman law were studied intensively in medieval universities, the medieval jurists also failed to synthesize these intellectual traditions. They nevertheless interpreted certain Roman texts in ways that fit easily into the synthesis that the late scholastics eventually achieved. Often, as we will see, they did so because they were familiar with A stotle and Thomas and read the opinions of these philosophers into their texts.
Overview
Authors: Muntarbhorn Vitit
Published: November 2023

This chapter provides an overview of the refugee situation during the 1970s and 1980s, up to 1990. The scenario concerns transfrontier displacements rather than internal displacements. There were approximately 7 million refugees in Asia in 1990, as seen in Table 2.1, derived from estimates of the Office of the United Nations High Commissioner for Refugees (UNHCR). These figures should be seen as illustrative rather than definitive; they do not include those refugees falling outside the UNHCR mandate-for example, some 300,000 Cambodians near the Thai-Cambodian border.
China
Authors: Muntarbhorn Vitit
Published: November 2023

China holds a central position in this study, both geographically and politically. The vastness of its landmass and population means that it is inevitably linked with the destiny of its neighbours. Its population is over one billion, some 67 million of whom belong to fifty-five minority groups. Five regions with a large number of minorities enjoy regional autonomy: Inner Mongolia, Xinjiang, Guangxi, Ningxia, and Tibet.
Thailand
Authors: Muntarbhorn Vitit
Published: November 2023

Thailand, a country of some 56,000,000 people in South-East Asia, is very much a front-line state in geographical and ideological terms. Her neighbours to the north and east include Laos, Cambodia, and Vietnam, which are Communist countries, and it is these countries which have produced refugee outflows most markedly since 1975. To the west, she is bordered by Burma, also a refugee-producing country, ruled by a military dictatorship. To the south there is Malaysia.
Conclusions
Authors: Muntarbhorn Vitit
Published: November 2023

The exodus of refugees is unabated; when the plight of one group seems resolved, others seem to emerge in the nation-building process. In 1990 the principal groups varied from Afghans, Iranians, and Iraqis in West Asia to Vietnamese, Laotians, Cambodians, and Burmese in South-East Asia. A multiplicity of other groups were at stake and their status varied per group, depending upon the interaction between national and international laws and policies.
O
Authors: Toth A G
Published: November 2023

Council Reg. 139/2004 of 20 January 2004 on the control of concentrations between undertakings (the EC Merger Regulation) (OJ 2004 L24/1) prohibits as incompatible with the common market those concentrations that significantly impede effective competition in the market or in a substantial part thereof, in particular as result of the creation or strengthening of a dominant position (Art. 2(3)). In light of this substantive test, the existence or reinforcement, as a result of a transaction, of factors which may constitute incentives to reduce competition in a concentrated market will be carefully assessed by the Commission. It follows that mergers in oligopolistic markets raise special concerns, because they involve the elimination of an independent market player and may reinforce transparency or previous links between the few existing operators. Prior to the adoption of Reg. 139/2004, oligopolies were not expressly referred to in the Merger Regulation. Unlike Art. 82 EC, that foresaw abuses of collective dominance, Art. 2 of Council Reg. 4064/89 of 21 December 1989 on the control of concentrations between undertakings (OJ 1989 L395/1, corrected version in OJ 1990 L257/13) only referred to the creation or reinforcement of a dominant position. Reg. 139/2004 does not give a definition of oligopoly but limits itself to mentioning the possible concerns resulting from oligopolistic markets in recital 25. Thus, despite its importance in the analysis of mergers, there is no clear set of binding rules identifying and differentiating between oligopolies with a negative impact on competition and oligopolistic structures operating in competitive markets.
U
Authors: Toth A G
Published: November 2023

The competition rules of the EC Treaty (Arts. 81–86) apply to ‘undertakings’ and ‘associations of undertakings’, but neither the Treaty itself, nor any act of secondary legislation defines the concept of an undertaking. On the other hand, the Community Courts have given several definitions of ‘undertaking’ for the purposes of general competition law, which are considered below (for the concept of undertaking for the purposes of State aid rules (Arts. 87–89 EC), see further under State aid, section I.1(b); for the concept of public undertaking, see further under Public undertaking, section III; for the concept of association of undertakings, see further under Decision by an association of undertakings).
The Drug Trade
Authors: Robins David
Published: November 2023

By the end of the 1980s drug-dealing replaced armed robbery as the main opportunity for neighbourhood youth to obtain large sums of money illegally. Until the drug-dealing scene took off in the mid-1980s, there were few realistic opportunities for youth to get rich through crime. There was little recruitment of youngsters into adult¬ organized professional crime activities. Jump on a young woman from behind, knock her to the ground, and steal her bracelets; snatch a gold chain from a passing stranger; jostle a confused pensioner trying to board a bus and remove her purse; ‘tax’ children by demanding they hand over their pocket money or newly purchased trainers; put a brick through a car window and remove the stereo and other valuables: most juvenile crime consisted of such unpredictable, unplanned, ill-organized, often downright stupid acts, which, although intensely anti-social and highly disruptive in their effect on the community, and causing great distress to the victims, offered a very moderate return to the perpetrators. With the expansion of the drug-dealing economy, opportunities emerged for youngsters to make large sums of money quickly.
Pornography and Pollution: An Environmental Analogy
Authors: Hynes H Patricia
Published: November 2023

Ten years ago ecofeminism looked like terrain where one could synthesize the liberation of women and the integrity of nature. The findings of environmental science were directly applicable to the conditions of women in patriarchy. Polluted and stressed environments are identified by their low species diversity and low occupational diversity. Species die off – often the complex ones – and the ecosystem becomes more homogeneous. Similarly, many women live under severe stressful conditions of poverty, powerlessness and sexual violence. Like polluted ecosystems, women in sexist societies have low occupational diversity and few resources. Large numbers of women in industrial societies are concentrated in few, low-status occupations: housewife, secretary and the service professions, so that women have limited power and self-expression in society.
Working in the Ministry of Truth: Pornography and Censorship in Contemporary Britain
Authors: Moorcock* Michael
Published: November 2023

Pornography turns sex inequality into sexuality and turns male dominance into the sex difference. Put another way, pornography makes inequality into sex, which makes it enjoyable, and into gender, which makes it seem natural. By packaging the resulting product as pictures and words, pornography turns gendered and sexualized inequality into ‘speech’, which has made it a right. Thus does pornography, cloaked as the essence of nature and the index of freedom, turn the inequality between women and men into those twin icons of male supremacy, sex and speech, and a practice of sex discrimination into a legal entitlement.
IT and Organizational Change
Authors: Boddy David
Published: November 2023

This chapter is based on the proposition that worthwhile results cannot be obtained from the current generation of IT products simply by installing expensive, state-of-the-art technology. Our studies of many applications of computing and information technology have included both successful and unsuccessful examples (Boddy and Buchanan 1986, 1987). The clear, practical lesson from this work is that the successful cases have usually been those where technological change has been accompanied by appropriate organizational change. The less successful ones have generally been those where projects have been dominated by technical considerations, with little or no thought given to organizational ones.
Foreword
Authors: Earl Michael J
Published: November 2023

Perhaps the most striking and emotional issue in information management in the early 1990s has been the question of outsourcing IT activities. Large outsourcing deals in both the USA and UK have legitimized the practice in minds of several CEOs and put it on the agendas of CIOs. Equally, there have been smaller-scale horror stories of what can go wrong with ‘unthinking’ outsourcing. Lacity, Willcocks, and Feeny draw on their collective research on both sides of the Atlantic to write a managerial chapter on outsourcing strategy. They propose a framework for decision-making which breaks through some of the simplistic policy and practice rhetoric heard in organizations today. This framework may not have all the answers but it does provide a potentially valuable set of questions to avoid mishaps, to assess IS in the organization and to be more astute in sourcing decisions. It also offers more precise language and terminology in this very contemporary area of organizational challenge.
‘Big-Bang’ Decisions: Notes on a Naturalistic Approach
Authors: Manning Peter k.
Published: November 2023

The assumptions that underlie the use of the concept of discretion in reference to legal decisions require careful examination. Discretion in legal terms is said to occur when a decision once made comes under review using legal standards (rules) set by someone with authority (Dworkin 1977b). The implication of such a definition is that, prior to the review, regularly unreviewed choices were made (Reiss 1974a). It also implies that an individual case is decided on its merits in the absence of explicit consideration of socio-legal factors other than those stated in the opinion; that is, the reference is to judicial decision making. The idea that discretion is fettered, and that guidance for examining cases derives from precedent and to a lesser extent, doctrine, explicitly denies the political-economic surround or broad social context in which decisions are made, the organizational context of decisions, and the cognitive framing of the elements, other than the facts of the case, that govern decisions. These matters may be seen as a set ofimplicit or background features to be put aside in explaining or accounting for any given decision outcome. The idea of the isolated case being adjudicated by a decision-maker thoughtfully weighing up the issues is a useful legal fiction, but perhaps too narrow for sociolegal analysis.1
The Origins of the Supergrass System:1969-1982
Authors: Greer Steven
Published: November 2023

Broadly speaking there are two ways in which modern states can respond to serious internal political violence: criminalization modifying the criminal justice system in significant respects in order to secure convictions more effectively than under the regular process; and militarization-for example, in the form of martial law, detention without trial, selective assassinations, and shootings on sight-insulated as far as possible from effective supervision by judicial and representative institutions. However, although the focus may be more clearly on one approach than on the other, various mixtures between the two are likely to be adopted in practice. In liberal democracies criminalization will officially be the preferred strategy, since these societies must, by definition, find an effective response which does not destroy the fragile fabric of democracy itself. This does not, however, mean that distinctively military measures will not also be employed.