bluuebunny/crossref_metadata_2025 huggingface dataset:
Shakespeare and the Bible
Authors: Marx Steven
Published: November 2023

Oxford Shakespeare Topics provides students and teachers with short books on important aspects of Shakespeare criticism and scholarship. Each book is written by an authority in its field, and combines accessible style with original discussion of its subject. Notes and a critical guide to further reading equip the interested reader with the means to broaden research. Despite the presence of hundreds of Biblical allusions in Shakespeare, this is the first book to explore the pattern and significance of those references in relation to a selection of his greatest plays. It reveals the Bible as a rich source for Shakespeare's uses of myth, history, comedy and tragedy, his techniques of staging, and his ways of characterizing rulers, magicians and teachers in the image of the Bible's multifaceted God. This book also discloses ways in which Shakespeare's plays offer both pious and irreverent interpretations of the Scriptures comparable to those presented by his contemporary writers, artists, philosophers and politicians. After an opening chapter comparing the Bible as a fragmented yet unified collection of 46 books with the fragmented yet unified First Folio collection of Shakespeare's 36 plays, each of the following six chapters matches a book of the Bible with a representative play: the creation myth of Genesis with the first play in the Folio, The Tempest, the historical epic of Exodus with Henry V, the tragedy of Job with King Lear, the tragicomedy of the Gospel of Matthew with Measure for Measure, the homiletic disputation of Paul's Epistle to the Romans with The Merchant of Venice, and the apocalyptic masque of the Book of Revelation with The Tempest again. Though its subject matter and style appeal to a broad audience, this book is grounded in recent scholarship in Shakespeare and Biblical studies. Its intertextual readings are framed by descriptions of the historical circumstances of each work's composition and reception and by an emergent theory of allusion as a principle of creation and understanding.
Posterity and Prosperity: Genesis in The Tempest
Authors: Marx Steven
Published: November 2023

The Bible opens with the image of a stormy sea: ‘In the beginning God created the heaven and the earth. And the earth was without form and void, and darkness was upon the deep, and the Spirit of God moved upon the waters’ (Gen. 1: 1-3).
Historical Types: Moses, David, and Henry V
Authors: Marx Steven
Published: November 2023

The book of Genesis concludes with Jacob’s twelve sons, the children of lsrael, established in Egypt and a prophecy that they will eventually multiply into twelve tribes. The book of Exodus begins by reporting that the Egyptians respond to this population explosion with harsh measures: they place the Israelites in bondage and then kill their first sons.
Ruskin and the Aesthetes
Authors: Shrimpton Nicholas
Published: November 2023

Writers on Ruskin sometimes promise that their work will be ‘Ruskinian’, not merely in topic but also in form. It is a claim which can be very variously interpreted. According to one estimate of Ruskin’s literary manner, it means that the argument will be original and imaginative. According to another, it suggests eccentricity, digressiveness, and internal self-contradiction. My approach to the problem of Ruskin’s relationship to Aestheticism will not seek to be (for good or ill) Ruskinian. But it will share a characteristic with the work of another Victorian writer, Robert Browning. Browning’s poem The Ring and the Book was issued in monthly parts between November 1868 and February 1869, and revised for book publication in 1872. The most salient formal feature of Browning’s poem is, of course, that it tells the same story eleven times.
Myth and Gender in Ruskin’s Science
Authors: Aronofsky Weltman Sharon
Published: November 2023

In Love’s Meinie (1873–81), Proserpina (1875–86), and Deucalion (1875–83), John Ruskin creates an alternative science. Critics have rightly noted that Ruskin’s natural history is old-fashioned, mythic, and opposed to some of the greatest scientific innovators of his time, such as Charles Darwin and John Tyndall.1 However, his mythological approach to knowledge has one surprisingly radical side-effect: he feminizes science.
Marianne Moore and China
Authors: Stamy Cynthia
Published: November 2023

Marianne Moore's poetry offers an extraordinarily rich site from which to analyse a tradition of American orientalism which focused upon China. Marianne Moore and China examines why she chose to participate in that tradition and analyses why her borrowing of Chinese models of all kinds - from poetry to painting and philosophy - was so critical to the formation of her verse. Moore's poetry is part of a long tradition of satirical critique in orientalist writing which finds its roots in English literature. In the early twentieth century, this tradition of critique in orientalist prose was adopted by American poets, who borrowed Far Eastern poetic models to permanently transform the ways in which poetry in English was being written by launching a literary assault upon what they saw as outmoded methods of versification. Moore used the Far East to express her own dissatisfaction with contemporary trends in the writing of poetry, and embraced the more ancient culture of China as a means of resisting the American habit of looking to Europe as a singular source of cultural tradition 'at home'. Moore employed features of the ancient Chinese fu technique in her poems and used images of Chinese supernatural creatures in an effort to establish an alternative to logic and narrative linearity and to facilitate the moral didacticism for which her poetry is known. Moore's use of Chinese painting theory and philosophy in the creation of her poems enabled her to explore alternatives to Western perspectival principles and to Western ways of narrating visual experience. Marianne Moore and China also examines the ways in which Chinese linguistic features provide Moore with models for her compound nouns and syntactical ellipses, and gathers evidence to show that her abiding concerns for precision, brevity and restraint have both Confucian and Puritan antecedents. Additionally, this book analyses the degree to which her collection of quotations, from which she fashions so many of her poems, and her citation of them in numerous appended notes, are complicit in the same process of acquisition and display which characterizes the activity of the museum, the preoccupations of the curio-collector, and the pursuit of minute detail in orientalist discourse generally. Moore's consistent ingenuity in employing Chinese forms and methods makes her work a particularly fruitful source for investigating orientalism and its contribution to modern poetry.
Precision, Perspective, and the Harnessing of Silence
Authors: Stamy Cynthia
Published: November 2023

Marianne Moore, like William Carlos Williams and Henry James, wanted in her youth to become a painter. Her poems display a penetrating and attentive visual sense augmented by a sensitivity to colour and the proximal relations and interactions of the various subjects in her compositions. Painterly verbiage appears repeatedly throughout her poetry and prose, with particular references alluding to matters of style and execution in Chinese art and art generally. Books on oriental rugs and carpets, Chinese bronzes, Chinese theories of art, museum bulletins on Chinese stele and prints, as well as gallery and auction catalogues on Chinese porcelains, jades, bronzes, textiles, fans, pottery, and sculpture make up a significant portion of Moore’s library holdings.
Quotation, Curio-Collecting, and the Privileging of Detail
Authors: Stamy Cynthia
Published: November 2023

Moore’s efforts to translate the peculiarities of Chinese poetry and painting into a personal method of writing can be seen as an attempt to interpret America through a poetic reconciliation with an alien world and its curiosities. Her use of the fu technique, Chinese perspectival principles, symbology, and philosophy all indicate that she looked to the Far East for models and ideas with which both to resist logic and contemporary trends in poetry, and to embrace the enduring nature of an ancient civilization and the clarity of its decisive moral framework.
Introduction
Authors: Orth John V
Published: November 2023

Ever since ‘Adam delved and Eve span’ the world has faced the problem of work. Whether all able-bodied persons must work, whether those in work are entitled to the whole produce of their labour, whether those willing and able to work have a right to do so-the answers to these questions have shaped society from earliest times to the present. They have prompted searching inquiries into the nature of work as well as into its corollary, leisure.
Combination: 1721-1799
Authors: Orth John V
Published: November 2023

‘Combination’ first entered the statute book in 1721 as the legal name for labour organizations. Earlier statutes had labelled their precursors ‘conspiracies’2 or ‘confederacies’.’ All the names were bad. Conspiracy, perhaps the worst of all, was predominantly used to describe the common-law crime that was coming to be recognized when a group agreed to injure an individual, but combination was bad enough. As Dr Johnson noted in his famous Dictionary at mid-century, it was ‘generally used in an ill sense’. Soon thereafter, Burke pointed the contrast: ‘When bad men combine, the good must associate.’ Later on, some workmen tried to redeem the word: ‘By combination we shall succeed’, proudly proclaimed the Amalgamated Society of ]ourneymen Cloggers.6 But it came too late: the semantic struggle was already lost. Although the word was to shed its ill sense late in the period covered by this book,7 combination was in the mean time too freighted with negative connotations and was finally dropped. A better future called for a new name. The United Society of Brushmakers recognized the need: ‘United to protect, not combined to injure.’
Conspiracy: Criminal Law
Authors: Orth John V
Published: November 2023

Conspiracy is a very old crime, its name even older than any one meaning. So old is conspiracy, in fact, that its earliest definition in the English statute book is written in Law French, a legacy of the Norman Conquest.
Combination: 1799-1824
Authors: Orth John V
Published: November 2023

In 1799, near the end of the eighteenth century, parliament ventured its first general proposition concerning labour law, the notorious Combination Act. As recounted in an earlier chapter, this statute, like the particular acts since 1721, had begun with a dispute in a particular trade at a particular place, in this case among the millwrights in London. Dissatisfied with the delay and expense of the common law, as well as with the opportunities it offered for evasion, the master millwrights had petitioned parliament for tailor-made legislation ‘for the better preventing of unlawful combinations of workmen employed in the millwright business, and for regulating the wages of such workmen’.
Combination: 1824-1859
Authors: Orth John V
Published: November 2023

The barbarous combination laws are part of popular history. Yet if every schoolboy knows of them, he also knows they fell in 1825. Of course, like so much schoolboy knowledge, this is less than half the truth. The 1799 Combination Act had been repealed by the 1800 Combination Act; the latter was, along with all the other eighteenth-century acts, repealed in 1824. Thereafter, the 1800 Act and all the earlier statutes were without effect. But the 1824 Act was itself repealed in 1825 by an act that then re-repealed the 1800 Combination Act as well as all the others. The reason for this double repeal lay in an old rule of English law; as Blackstone put it: ‘If a statute, that repeals another, is itself repealed afterwards, the first statute is thereby revived, without any formal words for that purpose.’ It is, therefore, correct to say that the combination laws, whether barbarous or not, fell in 1824-5. By which is meant that after 1824 and for all future time they were without effect but that the ultimate authority for that fall, what gave it its final effect, was the 1825 Act.
After 1871: Employers and Workmen
Authors: Orth John V
Published: November 2023

Legislation in the 1870s, amended and supplemented in 1906, closed the era opened by the first tailors’ combination act (1721). Through the eighteenth century wages were still, in legal theory, set by the justices of the peace. In fact, wage regulation largely petered out, although (as Adam Smith observed) parliament made occasional efforts to restore it in particular trades and places. Negotiation between masters and men was perforce increasingly resorted to. In various trades, scattered throughout England, workmen combined to increase their bargaining power, but parliament outlawed combination in regulated trades, and the judges entertained prosecutions of the fledgling unions for conspiracy. At the end of the eighteenth century England’s rulers abandoned this ad hoc policy in favour of a general proposition. Negotiation, which had developed in default of regulation, was embraced, but it was to be every man for himself. All employment contracts were made criminal and void by the Combination Act (1800) except those ‘between any master and his journeyman or manufacturer, for or on account of the work or service of such journeyman or manufacturer with whom such contract may be made’. Negotiation, as it turned out, was here to stay, but the ban on combination eroded during the next seventy-five years. In 1824-5 parliament repealed the combination laws and permitted common action in pursuit of common claims for wages and hours, and in 1859 what Karl Marx called ‘certain beautiful fragments of the old statute’ were rearranged.
Conclusion
Authors: Orth John V
Published: November 2023

Trade unions were not created by law; they originated in the felt needs of workmen in industrial society. Unlike business associations, trade unions existed before law took any notice of them (or even knew what to call them). Indeed, the first statutes concerning labour organizations, the combination acts, were criminal laws, aimed at their suppression. The legal problems of capital and labour were in consequence quite distinct, almost opposite in fact. Labour wore down the opposition to trade unions, eventually winning a place for them, while capital sought, not recognition of a right to organize (that was conceded without question), but more efficient means thereto. Registering their victory in literal terms, trade unions were finally offered registered status, not incorporation.
Criminal and Civil Contempt of Court
Authors: Miller C J
Published: November 2023

The general characteristics of criminal and civil contempt of court have been noted in the previous chapter. Here it is proposed to consider the nature of the distinction between these two forms of contempt in more detail and to examine the practical consequences which flow from it. It may be said at the outset that these are far less important than was once the case although the distinction retains a residual importance. As Lord Scarman explained in Home Office v. Harman-'.
The Sub Judice Rule: Mens Rea and The Scope Of Responsibility
Authors: Miller C J
Published: November 2023

Since contempt of court is a criminal offence general principles would require 9.01 that persons should not be held liable simply on the ground that they had done something which interfered with the administration of justice in a particular case. Rather, it should be necessary to prove that in so interfering they had acted with mens rea, that is, with intent or recklessness as to all the elements of the offence. The term ‘recklessness’ is used in this context to denote the state of mind of a person who consciously runs an unjustified risk of bringing about the proscribed consequences.
Children as Victims of Other Crime: The Evidence
Authors: Morgan Jane , Zedner Lucia
Published: November 2023

In the literature on crime, children and young people are far more likely to be viewed as offenders than victims. It is well known that juvenile offenders contribute significantly to the total volume of recorded crime, but only in the 1990s is it being recognized that young people, especially those of school age, figure disproportionately as victims. Children are prey to the whole range of crimes from petty theft to serious assault. Not only are children direct victims of most crimes; they may also be witnesses to crimes committed against their households, parents, or siblings, and have to live with the consequences of such offences. Over a third of the 400,000 households which experience burglary each year include children. Domestic violence and other serious personal assaults, including rape and even homicide, all too often take place in the presence of children or in circumstances of which the children are aware.1 In some cases children may be affected by other crimes which have occurred within their neighbourhood-an extreme example of which was the trauma suffered by many children in the wake of the massacre at Hungerford in 1987.
The Social and Welfare Agencies: Provision and Response
Authors: Morgan Jane , Zedner Lucia
Published: November 2023

There are a considerable number of agencies outside the criminal justice system which can provide help for victims of crime. They range from organizations which provide specific assistance-the emotional advice, practical help, and information provided by Victim Support Schemes, helplines, and Rape Crisis organizations-to the shelter provided by women’s refuges. In addition, community-based professionals, such as doctors, psychiatrists, and social workers, can and do offer help to crime victims. Much has already been written about the range of support and help offered by these agencies to adult victims and how far they meet victims’ needs. Conversely, discussion about the effects of crime on children, the types of help they need and the extent to which it is available has hitherto been comparatively meagre. Despite the prominence given in the media and elsewhere to the problem of child abuse, the professional response has focused on the diagnosis and management of such cases, with little attention being given to the provision of support to abused children and their families. There are only a handful of studies of locally organized projects set up to help abused children, all of which emphasize the need for long-term support for these children and their families both in the community and by psychiatric professionals.
Regulatory Approaches to Insider Dealing in the UK and the USA
Authors: MCVea Harry
Published: November 2023

As shown in Chapter 3, assessing the costs and benefits of insider dealing is by no means a straightforward task. The conclusion reached was that the practice ought to be regulated. But what form should regulation take? Should criminal or civil sanctions be employed, or should regulation fall to the professional bodies, to be dealt with in the time-honoured fashion of self-regulation? The regulation of insider dealing necessarily involves a complex assessment of the available regulatory options In principle these include: formal regulation by law, involving criminal and/or civil sanctions; selfregulation by the relevant professional bodies; or an amalgam of both formal law and self-regulation.
The Chinese Wall
Authors: MCVea Harry
Published: November 2023

We have seen that in both the USA and UK there exist extensive controls governing the misuse of inside information. But while such ‘blanket regulation’ has an important role to play in deterring and penalizing insider abuse, conglomerates pose special problems which arguably require special regulatory solutions. Not only is there an increased flow of price sensitive information in the conglomerate context but there is also a greater potential for this information to be misused and for the misuse to go undetected. Furthermore, other conflicts of both duty and interest are also capable of misuse.
The Statutory Regulation of Financial Services in the United Kingdom and the Development of Chinese Walls in Managing Conflicts of Interest
Authors: Graham Peter
Published: November 2023

The issue of securities to the public has been regulated since 1900 by the Companies Acts, but, with certain limited exceptions,1 dealing in securities was not regulated by statute until 1939. In that year the first Prevention of Fraud (Investments) Act was passed, partly in response to an outbreak of fraudulent share pushing in the early 1930s and partly in response to the growth of the unit trust movement. That Act was amended by the Companies Act 1947 and consolidated in the Prevention of Fraud (Investments) Act 1958 (PFIA). This legislation made it an offence for someone to carry on the business of dealing in securities without being licensed, under an annual licence, by the Board of Trade. .
Directors’ Duties to Share Holders, Employees, and Other Creditors: A View from the Continent
Authors: Hopt Klaus J
Published: November 2023

Directors’ duties and liability are topics discussed in many countries. Traditionally, this discussion has been restricted to national corporate law and its effects upon the behaviour of directors and upon recovery of damages from directors by the company itself and possibly by the company’s shareholders and creditors.1 Recently, however, there has been a growing interest in comparative law on the subject. There are several reasons for this change in perspective. First, better theoretical insight is gained when foreign experiences are taken into consideration. Since the nineteenth century the corporation has become a dominant form of business in all major Western countries and the laws of these countries all face similar problems.3 In this sense, despite many legal differences in the details, there is a common European corporation law much more so than in the field of stock exchange law and securities regulation, where the differences are much more marked. Second, the internationalization of business plays a decisive role in the rise of interest in comparative corporate law.
Emperors and Lawyers
Authors: Honoré Tony
Published: November 2023

This is the second edition of an original and controversial book. It analyses some 2,609 legal rulings (rescripts) given by Roman Emperors between 193 and 305 AD, and argues that, though issued in the name of emperors, they were really both in style and substance the work of professional lawyers. From their style we can detect when one lawyer-draftsman gave way to another, we can identify some of the lawyers and we can allot most of the rescripts to their real author. On this basis the author argues that in the third century there was a convention that the rights of citizens would be governed by objective legal standards. The Roman Empire was not a pure autocracy. Updated and in large part rewritten, this edition includes on a high-density diskette a reconstruction (Palingenesia) of the 2,609 rescripts. This new and original work of reference will enable scholars to read the texts chronologically and to judge the soundness of the arguments advanced.
The Later Principate, 193-282 AD
Authors: Honoré Tony
Published: November 2023

IN this and the next chapter twenty-one periods of office by twenty secretaries for petitions (procuratores a libellis, magistri libe/lorum) are distinguished and, when the evidence permits, the secretaries themselves identified. The present chapter covers the first fifteen and takes the story from Pertinax to Probus, 193 to late 282. The next runs from Carus to Diocletian, late 282 to 305. The division at the death of Probus marks the end of a period of disorder and splits the surviving rescripts roughly in half. There are 1,361 private rescripts (1,292 in CJ and sixty-nine from other sources) in the first period, though no more than 121, including fragmentary texts, between 249 and 282 AD. With Carus a revival begins and there are a further 1,248 rescripts in the relatively short second period. It is convenient to break the discussion just before this revival.
The Age of Diocletian 282-305 AD
Authors: Honoré Tony
Published: November 2023

THIS chapter analyses 1,248 rescripts of the period 282-305, assigns them as far as possible to the secretaries who composed them and identifies two and possibly three of these secretaries. It shows how Diocletian, who surrounded himself with able lawyers, exploited and transformed the rescript system. By a slight extension in time the age of Diocletian is taken to begin with the reigri of Carus in late 282, since the revival of the rescript system on a substantial scale began under him. Moreover when about to campaign against the Sarmatians in 283 Carus raised his son Carinus from Caesar to Augustus (Kienast 1990: 254-7); and it is clear that Carinus had authority to issue separate rescripts having the force of law.
Human Rights and Minority Rights
Authors: Poulter Sebastian
Published: November 2023

In each of the ‘case studies’ presented in the chapters which comprise Part II of this work, consideration is given to the human rights dimension of the particular issue being addressed. In this way it is hoped that the analysis can be afforded greater depth through a comparison of English legal provisions with principles operating in international human rights law.
Sikhs: Tussles over Beards and Turbans
Authors: Poulter Sebastian
Published: November 2023

Although the establishment of a Sikh community in England is a comparatively recent phenomenon, with the main thrust of immigration occurring from the 1950s onwards in the wake of the disruptive effects upon the Punjab of the partition of India in 19471, a small number of Sikhs had lived here well before this time.
Rastafarians: Confrontations Concerning Dreadlocks and Cannabis
Authors: Poulter Sebastian
Published: November 2023

Although the precise origins of the Rastafarian movement in England remain obscure, they probably lie at least partly in the attempt made in 1955 by a former Rastafarian leader from Jamaica to organize a local branch in south London of the Rastafarian-orientated United Afro-West Indian Brotherhood. This end devour had only a very limited impact, but by 1958 ‘a group of bearded and rather conspicuously dressed young men were noted in the Brixton market area’,2 and these were identified as Rastafarians.
Criminal Justice in the Netherlands
Authors: Kelk Constantijn
Published: November 2023

After the Second World War, the penal climate of the Netherlands underwent changes towards humanization. Although this was consistent with the traditionally humane reputation (certainly when viewed from an international comparative perspective1) of existing penal culture, Dutch society as a whole became tolerant and mild as a reaction to the extreme violence of which humanity had shown itself capable during the war. The effects of this development were not lost on penal law. The country set about rebuilding a deeply hurt and severely damaged society. One of the most important aspects for the development of penal law at that time was the emergence of the so-called Utrecht School, which is not to say, of course, that others were not influential too.2
Are Inquisitorial and Adversarial Systems Converging?
Authors: Jorg Nico , Field Stewart , Brants Chrisje
Published: November 2023

It has been a long-standing habit among legal scholars to think in terms of families of law: civil law families on the continent of Europe, common law families in Great Britain and her former colonies. While differences within these systems are often regarded as incidental, those between them are seen as essential. From a comparative angle, the intriguing question arises whether the legal systems of continental and common law countries usually portrayed as diametrically opposed-are gradually converging. If that is indeed the case, does this imply that both systems will eventually adopt so many of each other ‘s characteristics as to become no more than variations on a theme-their differences no longer essential, our tradition al frame of reference no longer appropriate? It is also possible that the two systems are moving towards each other, but that convergence beyond a certain point is out of the question-for the simple reason that there is a critical limit at which each system would start to risk disintegration. This implies-and it may be especially true in the field of criminal justice-that these systems are the embodiment of such divergent norms and values in the field of criminal justice, in their turn reflecting profound societal values, that they can never be brought to gether entirely. And there is, of course, a third and more radical possibility. Perhaps due to the influence of shared European institutions (notably the European Community and Union Treaties and the Court of Justice in Luxembourg, and the European Convention on Human Rights and Fundamental Freedoms (ECHR) and the European Court of Human Rights in Strasbourg), one system will in the end come to dominate the other, thereby causing the latter to lose many of its salient and unique features.1
The European Community and Criminal Law
Authors: Guldenmund Rene , Harding Christopher , Sherlock Ann
Published: November 2023

While in the case of a treaty such as the European Convention on Human Rights it was obvious from the outset that it would have an impact on the criminal law of the individual Contracting States, there was rather less appreciation until relatively recently that accession to the European Community would involve implications for the criminal law and procedure of the individual Member States. The subject matter of the three Communities-the European Coal and Steel Community (ECSC), the European Atomic Energy Community (Euratom), and the European Economic Community (EEC)-appears at face value to have little or nothing to do with the criminal law of the Member States.1 Indeed, for some time conventional wisdom was that the criminal law of the Member States would remain unaffected by Community law. This was certainly the view of the British Government in 1971 when it set out the legal implications of membership of the European Community and stated that ‘nothing in Community law would, for example, materially affect the general principles of our criminal law ... ‘.2 The thinking was that the Community operated only in the areas set out in the Treaty and there was no reference in the Treaties to matters of a criminal nature. Indeed, even as late as 1981 the European Court of Justice stated that:
DNA Profiling and the Use of Expert Scientific Witnesses in Criminal Proceedings
Authors: Alldridge Peter , Poelgeest Sanneke Berkhout-Van , Williams Katherine
Published: November 2023

One of the areas of comparison between adversarial and inquisitorial systems of criminal justice is fact-finding.1 The adversarial system relies upon oral evidence at trial, with cross-examination as the primary formal test of veracity. Facts are proven dialectically through a dramatic contest between two inconsistent narrative accounts of (often common) data.2 The inquisitorial system involves the court in the preparation of evidence, leaves fewer questions to the trial itself, and presents itself as a search for truth rather than a contest of divergent accounts. The adversarial method of fact-finding is not in general well directed towards ascertaining the truth of the matter.
Introduction: The Issues 1n Context
Authors: Mackan Mavis , Kurczewski Jacek
Published: November 2023

In Western Europe family law has been described as ‘ rolling back’ (Glendon, 1988; Van Houtte, 1990) increasingly leaving family matters for individuals to decide, focusing instead on protecting the individual rights of vulnerable family members-women, children, and the elderly. This development is sometimes described as the ‘ privatization’ of the family, and is welcomed by those who see the family as a source of moral values and social control, but feared by those who, often from a feminist perspective, see the family as a battleground where stronger members can dominate the weak.
Allocating Resources at Times of Crisis: Divorce and Separation in Poland
Authors: Szlezak Andrzej
Published: November 2023

If we consider the position of spouses vis-a-vis each other after divorce, and also the position of spouses during divorce litigation, in both situations we are faced with the problem of sharing resources. After divorce, the term sharing denotes the distribution of assets acquired by the spouses during their marriage and the organization of other consequences of marriage, such as the post-divorce duty of support. During a divorce, the term sharing denotes the way of organizing relations with respect to property that still remains the common property of the litigants.
Social Work, Law-Jobs and the Forms of Modern Law: The Children Act 1989
Authors: Gibson Suzanne
Published: November 2023

The Children Act has been described as the most important reform of law concerning children this century. In writing this chapter I had three concerns. As a lawyer I wanted to work out whether there was anything special about the Act as law. So the first section discusses the general nature of modem lawmaking. Then, I wanted to try to understand the nature of the relationship between law and social work, because a large part of the Act is concerned with just that. So the second section looks at some recent attempts to define that relationship. Finally, I wanted to try a new way of looking at things.
Does the Law Protect Polish Women?
Authors: Fuszara Malgorzata
Published: November 2023

After World War II, two models of family life met in Poland which both influenced the situation of women. They were largely opposed to one another, and the situation of Polish women may be considered unique for the very reason that it was shaped by these two incompatible models. The first is the official model based on equality of the sexes and mass employment of women.
Introduction
Authors: Hobbs Dick
Published: November 2023

This book is concerned with active criminals, most of whom at the time of writing are ‘well at it’. It is an attempt to engage with their culture. Professional crime is a subject whose definition few people can agree upon. Who can legitimately claim to be a professional criminal? The 14-year-old who commits hundreds of burglaries to support his addiction to video games? The car thief who moves from joy-riding to supplying a team of car-ringers? What about the kid in the mock Armani suit with the stolen mobile phone sans batteries; is he a drug-dealer or a sad bastard with an image problem? Yet, commonsensically, few of us would fail to recognize the teams of armed robbers who were so successful during the late 1960s and early 1970s as anything other than professional;1 similarly, the safe-cracker of the 1950s, or the contemporary drug-importer.
Apprentices to Dealers
Authors: Hobbs Dick
Published: November 2023

The Craftsman. All of us, I think, we were born too late. I think if we were born 200 years ago we’d have been pirates You open a safe and you think this is the one, then you open another one but this has got to be the one. It’s like the old gold prospector, he keeps digging and digging to see what he finds, and you’ll find that a lot of criminals are very persistent people-they’ll keep at it.
Corporate Governance The Role Of The Banks
Authors: Weedon Lord Alexander of
Published: November 2023

An American industrialist once designed his own epitaph: ‘Here lies a man whose skill was in gathering around him men and women much cleverer than himself.’ I feel a little that way this morning as I look at the list of distinguished experts who are to follow me. But what I would do is simply trail in general terms a few themes and thoughts which other speakers, in their greater knowledge, may wish to pick up on as the Colloquim develops. I would like to start by stressing some of the basic strengths of our system.
Corporate Governance In The Context Of Takeovers Of Uk Public Companies
Authors: Paul Alan
Published: November 2023

The significance of the distinction between the corporate entity and its shareholders, fundamental in English law and regulation of companies, reaches a crescendo in the context of a takeover. Coupling that distinction with the free market in a company’s shares, ownership and management control can change, over the heads of an incumbent board. The critical major issue of corporate governance is a public-policy one as to whether the balance of power between an unwelcome bidder, the directors of a target company, the interests of employees and creditors and customers, and the ability of shareholders to deliver control is correctly weighted. What the answer is depends on objectives.
An Overview of Recent Developments and Future Prospects in the United States
Authors: King* Lawrence P
Published: November 2023

Not to know our history dooms us to repeat it. An apt saying in the con text of the United States’ Bankruptcy Code (‘Code’) in current times. The popular press has taken up the cudgels, particularly with respect to chapter 11 of the Code, with claims of inefficiency, distorted priorities of purpose, costliness, and even stifling of competition. But it is not only that reorganization chapter that has been under attack; it is also the aspect of consumer bankruptcy, thought to be so humane in the United States, that at least since 19821 has been maligned and even changed to the detriment of those most in need the impoverished consumers.
Administration: Part II of the Insolvency Act 1986
Authors: Prentice Dan , Oditah fidelis , Segal* Nick
Published: November 2023

Part II of the Insolvency Act 19861 introduced the administration procedure into English insolvency law. The broad purpose of administration is to enable a company in a parlous state to trade out of its financial difficulties, or to realize its assets more advantageously than it would do in winding up. It is in part an alternative to an arrangement under section 425 of the Companies Act 1985,2 the appointment of an administrative receiver,3 or liquidation, for dealing with a company that is in financial difficulties. At the outset it is important to understand that administration is multifaceted and can serve a range of functions.
Voidable Transactions in Bankruptcy: British Law Perspectives
Authors: Fletcher* Ian F
Published: November 2023

The current law for England and Wales’ is contained in provisions within Parts VI, IX, and XVI of the Insolvency Act 1986 (hereafter ‘Act’ or ‘IA’). The IA maintains the historic distinctions within English insolvency law, whereby individual and corporate insolvency are subject to separate procedures. However, the IA is designed so as to coordinate the two regimes as far as possible. Therefore, many of the provisions dealing with avoidance of antecedent transactions are substantially identical, mutatis mutandis, for individual and corporate debtors alike.
Voidable Transactions in Bankruptcy: The Canadian Perspective
Authors: Mclaren* Richard H
Published: November 2023

A trustee in bankruptcy can attack a settlement or a fraudulent preference under the Bankruptcy and Insolvency Act, 1992 (the BIA) just as it has been able to since the enactment of modern bankruptcy legislation in Canada in 1919. A similar right is not found in the other major piece of Canadian insolvency legislation, the Companies Creditors’ Arrangement Act (the CCAA). The case law dealing with the proposal provisions under the prior bankruptcy legislation had concluded that the trustee did not have the same rights of review in a proposal as it did in a bankruptcy, where the assets of the debtor did not vest in the trustee under the terms of the proposal.
Preferred Priority in Bankruptcy
Authors: Cantlie Susan J
Published: November 2023

It is common for bankruptcy legislation to accord preferred status to certain classes of creditors. There is no one-to-one mapping between preferred creditors and nonconsensual creditors: for instance, not all nonconsensual creditors are given preferred status under the various bankruptcy regimes. Furthermore, not everyone would agree that those creditors who have been singled out for preferred status should be characterized as nonconsensual creditors.
Insolvent Trading ‘Down Under’
Authors: Herzberg Abe
Published: November 2023

The Corporate Law Reform Act 1992 (Cth), passed by the Australian Federal Parliament in December 1992, inserted new provisions into the Corporations Law that impose on directors a duty to prevent the company from engaging in insolvent trading. Directors contravene this duty if the company incurs debts when there are reasonable grounds for suspecting that it is insolvent. As discussed below, the Corporate Law Reform Act also inserted provisions into the Corporations Law that impose a corresponding duty on holding companies to prevent their subsidiaries from engaging in insolvent trading.
The Role of the Examiner as Facilitator and Harmonizer in the Maxwell Communication Corporation International Insolvency
Authors: Flaschen Evan D , Silverman Ronald J
Published: November 2023

As the speed, quantity, and complexity of business transactions steadily increase, so too do the size and complexity of the disputes, problems, and litigation that inevitably result from those transactions. Indeed, it ‘is no longer seriously disputed that American society and America’s economy are being buffeted by a “litigation explosion”.’ This profligacy has introduced increased expense, delay, and frustration for the business community. These costs and difficulties have in turn decreased the efficiency of the underlying commercial transactions, which take longer and become more difficult to initiate, implement, conduct, and conclude.
Comment on the Trautman Westbrook Paper
Authors: Taniguchi Yasuhei
Published: November 2023

I have found this a very difficult paper (hereafter TW paper) to comment on. This is because so many issues are raised in a short space. Moreover, I am not a specialist in the conflict of laws field. I have been teaching and researching bankruptcy law, including international bankruptcy law, for many years, but I confess I have not thought seriously about choice of law questions.
Introduction
Authors: Boyle Alan
Published: November 2023

The papers collected as chapters in this book were originally presented at a colloquium sponsored by the Oxford University Law Faculty and the Norton Rose M5 Group of Solicitors which was held in September 1993. Their theme, somewhat broadly put, is the relationship between environmental law and economic growth, as viewed by lawyers, regulators, and industry in Europe and North America. The confines of the colloquium and of this book did not permit the inclusion of environmental economists, whose contribution to the general theme is certainly as important as that of lawyers and regulators. Nor could any attempt be made to consider the issues from the perspective of the developing world, where there have long been strongly held, if not always fully thought out, views on the supposedly harmful economic effect of environmental concerns. It does not, therefore, pretend to be a comprehensive treatment of the relationship between environmental regulation and economic growth.
Environmental Information and Audit
Authors: Birtles William
Published: November 2023

This chapter is concerned with freedom of access to information on the environment. The United Kingdom still does not have a freedom of information statute for central government although one now exists for local government. The recent EC Directive on Freedom of Access to Information on the Environment as well as the mqst recent United Kingdom legislation referred to below has started an irresistible move to confirm the right of the citizen, pressure group, company, or state agency to know much more about the environment. The concept of a ‘right’ to environmental information is crucial because it improves environmental monitoring systems, increases the quality of environmental information which is gathered, and makes much of that information available to the public. These effects will, in turn, increase public participation in the procedures to control pollution, including the enforcement of environmental laws. What follows is a modest attempt to set out some of the developments in the last few years in this crucial area of environmental law.
European Community Law and the Environment
Authors: Mackenzie Margaret Brusasco
Published: November 2023

European Communities environmental regulation dates in the main from 1973 when the first Environmental Action Programme was adopted by the Community, subsequent to the first United Nations conference on the environment in Stockholm in 1972. Over the past twenty years the EC has adopted five Action Programmes in the field of the environment. Within the framework of these programmes it has adopted more than 200 legally binding acts—regulations, directives, decisions covering water, air, and noise pollution, waste, chemical substances, and nature protection.
Meeting the Cost of Environmental Regulation
Authors: Cridland John
Published: November 2023

What are the effects of environmental regulation on business? Are there benefits as well as costs for business in embracing environmental policy, and how can we more effectively pursue the advantages and better manage the consequences? These questions are central to any debate about environmental regulation and economic growth. They are as relevant today as they were at the inception of current debate in the 1980s, but they are no nearer a definitive answer.
The Child Soldier: Why Children Participate in Armed Conflict
Authors: Cohn Ilene , Goodwin-gill Guy S
Published: November 2023

MORE CHILDREN AND YOUTH BEAR ARMS in internal armed conflict and violent strife than ever before. Characterized by guerilla-style warfare conducted largely by part-time participants, such conflicts inevitably result in excessive civilian deaths and injuries, extensive damage to health and education systems, and substantial movements of refugees and displaced persons. When conflict drags on for years and even decades, the root causes themselves, such as poverty or repression, are exacerbated, galvanising civilian populations for recruitment into armed groups.
Responding to the Consequences of Participation: Law, Programmes and Policy
Authors: Cohn Ilene , Goodwin-gill Guy S
Published: November 2023

THE GENERAL THRUST behind national and international action on behalf of children is the recognition of their need for special care and protection, including legal protection. In the words of the Preamble to the 1989 Convention on the Rights of the Child (CRC), ‘the child should be fully prepared to live an individual life in society, and brought up in the spirit of the ideals proclaimed in the Charter of the United Nations...’ Other international instruments stress the developmental needs of the child-freedom from hunger, access to education, participation in social and cultural life-and the particular role of the family.
Belgium
Authors: Fallon Marc
Published: November 2023

This chapter aims to determine whether the so-called doctrine of forum non conveniens, as applied in certain countries following the common law tradition, is to be found in Belgian private international law. In practical terms, this technique allows a judge to dismiss an action when it is considered more appropriate that a judge from another State should hear the case. One notes that the theory has an essentially negative effect, since it seeks to isolate the cases where the national court is ‘not convenient’ rather than to specify the cases where this court can be considered as ‘convenient’. It implies also the fulfilment of two conditions: the national judge declines jurisdiction only if the jurisdiction of the court of another State is established; the court seised would normally have jurisdiction according to the lex fori, subject to the possibility of a foreign court having jurisdiction under foreign law.