bluuebunny/crossref_metadata_2025 huggingface dataset:
The Defence of Automatism
Authors: Mackay R d.
Published: November 2023

This Chapter contains a critical examination of the problems which spring from the insistence of common law jurisdictions ‘on the requirement of a voluntary act as the foundation for criminal responsibility’.1 This ‘voluntary act’ requirement has long been accepted by the courts with little comment or criticism as to its philosophical origins or scientific basis. Accordingly, the first Part of this Chapter will contain a discussion of some of the more important philosophical and neuroscientific accounts of the distinction between voluntary and involuntary action. This will be followed in Parts Two and Three by a legal analysis of the involuntary act defence, known to criminal lawyers as automatism.
The Insanity Defence
Authors: Mackay R d.
Published: November 2023

Perhaps more than any other area of the criminal law, the insanity defence generates heated discussion and debate. The literature discussing the insanity plea is immense,1 and reform proposals are continuously formulated. In short, there is an ongoing debate about whether the law should recognise that some crazy people ought not to be punished for behaviour which would normally be adjudged criminal. This debate, which tends to ebb and flow in the light of notorious cases, is one which deserves to be within the public domain since the underlying question of whether it is appropriate to excuse a mentally abnormal offender is a question with fundamental moral and social implications. Equally, however, it is a question of great legal complexity as it addresses issues which are at the very cutting edge of the criminal justice system.
An Approach to Law Reform
Authors: Röver Jan-Hendrik
Published: November 2023

Having discussed the reform of secured transactions laws in central and eastern Europe, the practical need for and the economics of security, now the focus will shift to the issues of the legal reform process. The purpose of these remarks is to provide a perspective on the legal reform process in central and eastern Europe and elsewhere. The history of the relationship between law reform and the development of 3.02 economic systems is largely a desiderate of the future.1 It is possible, however, to mention a few important steps.
Charges Under The EBRD Model Law On Secured Transactions1
Authors: Röver Jan-Hendrik
Published: November 2023

The European Bank for Reconstruction and Development (EBRD) is an international organization formed to assist central and eastern European countries in their transition from centrally administered to market-oriented economies.2 ofthe original authorized capital stock of 10 billion ECU, 3 billion ECU3 were paid in by the members and a further 7 billion ECU were committed as callable shares.4 In addition, the EBRD was given the power to borrow in national and international capital markets.5
The EBRD core principles for a modern secured Transactions law
Authors: Röver Jan-Hendrik
Published: November 2023

In 1997 the Model Law was complemented by the European Bank’s ‘General 8.01 Principles of a Modern Secured Transactions Law’1 which were redrafted and renamed as ‘Core Principles for a Secured Transactions Law’.2 Looking at the methodology of law reform developed for the purpose of the EBRD Secured
Security In Insolvency
Authors: Röver Jan-Hendrik
Published: November 2023

Security rights face their ultimate test in the insolvency of the person giving security (who may be different from the debtor of the secured debt). Although insolvency law is typically a separate area of law from secured transactions law, the following issues must be considered:1
Introduction
Authors: Musgrave Thomas D
Published: November 2023

Throughout the nineteenth and twentieth centuries the concept of self determination has exerted an enormous impact on the international com munity. It has been an important factor in the unification and dissolution of many states in Europe and elswehere. It has been a primary force behind the dismantling of colonial regimes and the emergence of many new states on the international plane. It continues to be the goal of many ethnic, linguistic, religious, and indigenous groups throughout the world. That such groups seek to attain self-determination for themselves shows that a close relationship exists between self-determination and minorities, and histori cal antecedents reveal in a majority of cases that when self-determination is in issue, the status or rights of minority groups will also be in issue.
The Inter-War Years: The Minorities Treaties Regime
Authors: Musgrave Thomas D
Published: November 2023

At the Paris Peace Conference the Allies had attempted to resolve the ethnic problems of Europe through the creation of new nation-states. The Allies hoped that a restructuring of the political boundaries of Europe on an ethnic basis would satisfy the nationalist aspirations of most ethnic groups, and thereby ensure that there would be no further demands of this sort. The creation of new nation-states did indeed satisfy the nationalist aspirations of many, but did not eliminate the ethnic minorities, nor the desire of such groups for a further readjustment of boundaries so that they also might achieve ethnic self-determination. The Peace Conference at tempted to address this problem through the establishment of the ‘minori ties treaties regime’.
Conclusions on the Convention: Suggestions for Reform
Authors: Beaumont Paul R , Mceleavy Peter E
Published: November 2023

The previous chapter indicated how on a practical level the Hague Convention performed well in some Contracting States but less so in others. Prior to the Convention’s entry into force, the victims of ‘legal kidnappings’ had few means of redressing their plight. Now at least they are provided with the support and legal basis by which the clock might be turned back to allow the pre-removal or retention situation to resume. How successful though, has the Convention proved in dealing with wrongful removals and retentions? In the first instance one might look to the statistics; in England, for example, 44 per cent of the return applications received in 1997 which were processed led to a judicial return, compared with 13.5 per cent where there was a judicial refusal.
The Law of Tracing
Authors: Smith Lionel D
Published: November 2023

The law of tracing is a complex subject which has struggled to find a home in works on property, equity, commercial law and restitution. Broadly speaking, it addresses the question of when rights held in an asset can be asserted in another asset despite changes in form or attempts to 'launder' the initial asset. Properly understood this area of study is composed of several distinct topics. This book explores all the areas covered by the law of tracing in a degree of detail not previously reached in more general works.
Private Parties in European Community Law
Authors: Albors-Llorens Albertina
Published: November 2023

The European Community legislative process is still characterized by a certain lack of democracy, even after the Maastricht amendments to the European Community Treaties. It is therefore a matter of great importance that there is an adequate system of judicial review of community acts which will enable private parties to challenge illegal, invalid and unfair community administrative actions. There thus exists a system by which private parties can bring direct and indirect actions to seek redress. The direct actions are the actions for annulment and the action for a failure to act. The indirect action is the plea of illegality. In addition to this system specifically designed to assess the legality of community measures there are two other remedies not intended for this purpose but which are used to effect a consideration of the legality of a certain act: these are preliminary rulings on the validity of acts of the Institutions and actions for damages. The book is divided into two parts. The first part deals extensively with annulment proceedings. The drafters of the EC Treaty attached severe conditions of locus standi to this remedy and it has fallen to the European Court of Justice to interpret and apply these conditions through its Case Law. Commentators have found it difficult to discern a common trend in the approach of the court to the locus standi issue. It appears clear however that the court has followed a very restrictive approach and that many actions have been dismissed as inadmissible. The author of this work re-examines the Case Law and systematizes it to highlight specific areas (particularly anti-dumping, competition and state aids cases) and to a lesser extent in the area of general management of the market where there has evolved a more lenient approach to the determination of the issue of locus standi of natural and legal persons. The second part of the book deals with the alternative means of review (ie via an Article 177 Treaty reference) and suggests that these proceedings do not provide adequate protection of the interests of private parties in all situations where annulment proceedings cannot be brought because the applicants involved lack locus standi even though a certain degree of damage may have been inflicted to their interests. Besides setting out the various remedies and showing how actions can be mounted successfully the book also assesses the extent to which the court may have shifted its approach to the locus standi question. It also reveals the areas where private parties may not always find an adequate or appropriate means of redress against illegal community actions.
Harmonization of Private Laws in Federal Systems of Government: Canada, the USA, and Australia
Authors: Ziegel Jacob S
Published: November 2023

Roy Goode is an acknowledged master of commercial law who has made enduring and magnificent contributions both to the national and international branches of the discipline. He has given it a rigour and conceptual structure which it frequently lacked before. No less important, he has been able to bring to bear his great practical experience-as a former solicitor and now as a silk, as a law reformer, and as a prominent participant in UNIDROIT and International Chamber of Commerce projects-to illuminate the actual operation of domestic and international rules and to ensure that new legislative structures and voluntary rules are tempered by good sense and guided by practical feasibility.
The Bifocal World of International Sales: Vienna and Non-Vienna*
Authors: Bridge Michael G
Published: November 2023

Delivering his maiden speech in the House of Lords, Lord Steyn drew attention to the ‘full and constructive role’ played by the United Kingdom in formulating the Vienna Convention on Contracts for the International Sale of Goods (the CISG), which has been in force since 1988 and has secured more than 40 ratifications. It had been estimated by the United Nations Commission on International Trade Law (UNCITRAL) that a half of world trade was conducted on its terms. Yet the United Kingdom had not ratified the convention, despite a recommendation by the Law Commission that this be done, and no official announcement had been made.
Cross-Border Marketing
Authors: Rovinescu Calin , Gilles ThiefFry
Published: November 2023

The recent globalisation of the securities markets has enabled issuers to raise capital outside their own countries. According to the International Financing Review, in 1985, US$4.3 billion in international equity issues were completed worldwide. This market grew to US$20.9 billion in 1987 and US$22.5 billion in 1992. By 1994, the total value of all issues into the US market alone came to US$55.97 billion.
The Law Applicable to Securities Transactions: Choice of Law Issues
Authors: Houtte Professor Hans Van
Published: November 2023

The law applicable to securities transactions is difficult to analyse within the confines of a short study. Securities transactions are often complex and multifaceted. Moreover, the applicable law in securities transactions has not yet been explored extensively. Indeed, conflict of law writers, on the one hand, have treated securities transactions in a stepmotherly manner. Academics are probably less familiar with and excited by the technicalities of securities transactions. Practising lawyers, on the other hand, are often shy to engage in conflict of law-exercises and prefer to ignore issues of applicable law.
Selected Issues in Securitisation
Authors: Oditah Fidelis
Published: November 2023

In the last decade, securitisation has been one of the most significant innovations made by the financial markets. In the United Kingdom, the development of securitisation, in the sense in which that expression is hereafter used, has occurred since the mid l 980s. As far as secondary securitisations in the modern form are concerned, the United States of America has led all the way; its market is the most matured.
Approaches to Market Regulation-The United Kingdom
Authors: Perry Michael J
Published: November 2023

Until comparatively recently, an examination of approaches to market regulation in the United Kingdom would have primarily focused on the London Stock Exchange (LSE) as the predominant market. The LSE continues to have a pre-eminent role in the equity market place, both as a dominant force in the cash market trades of UK equities and as the leading international exchange for the trading of foreign shares.
Introduction to the South African Constitution
Authors: Wyk Dawid Van
Published: November 2023

Modem South Africa was born at the beginning of the twentieth century when the four British colonies, Cape of Good Hope, Natal, Orange River, and Transvaal, merged and became the Union of South Africa. From its inception the South African constitutional system was in peril. The looming danger stemmed from the failure of the early fathers — they were all men — of the British-based, Westminster-oriented South Africa Act of 1909 to provide for an inclusive democracy. Instead, the Union of South Africa would be governed by whites, even then a minority of the overall population. The writing was on the wall. Over decades the differences hardened into bitter and violent confrontation, played out not only on the South African stage but also, after World War II, increasingly in the council chambers of the world, where the terms of reference were also confrontation, Cold War, East versus West.
Constitutionalization Of Labour Rights
Authors: Davis Dennis
Published: November 2023

More than half a century ago Benjamin Cardozo said: ‘The chief law makers may be, and often are, the judges because they are the final seat of authority. Every time they interpret contract, property, vested rights, due process of law, liberty, they necessarily enact into law parts of the system of social philosophy.’ 1 As most Bills of Rights are premised on the protection of the individual from the power of the state, a philosophy which distinguishes between the public and private spheres has dominated constitutional jurisprudence particularly in North America. The tension between the individual and the collectivity is particularly evident in the constitutional adjudication of workers’ rights.
Limitation and suspension
Authors: Erasmus Gerhard
Published: November 2023

Fundamental or human rights are exercised within the context of a specific society. They are as a rule not absolute and are limited by the rights of others and by the legitimate needs of society. Public order, safety, health, morals, and democratic values are generally recognized as justifying the imposition of limitations on the exercise of various fundamental rights.2 The enforcement of human rights is to be matched by ‘accommodations in favour of the reasonable needs of the State to perform its public duties for the common good’. The organs of state have to balance conflicting demands and rights. Such limitations are as a rule of a permanent nature and are normally contained in a special ‘limitation clause’ in a constitution or international human rights instrument.
Symbolism and Reality
Authors: Windlesham Lord
Published: November 2023

Within weeks of its introduction there was a divergence between the House of Representatives and the Senate over the handling of the anti-crime legislation. While Senator Biden continued with a broadbrush bill, working to gain sufficient support in the Senate for its main proposals, Representative Brooks took another course. Unable to persuade liberals on the Judiciary Committee to adopt the omnibus bill, which they regarded as too harsh, he switched to the tactic of moving a series of smaller bills, including the Brady bill and ten other less contentious subjects. Action was deferred on the most controversial items, such as extensions to the federal death penalty and revising habeas corpus procedures, on the grounds that both liberal and conservative law-makers needed more time to debate those issues. Brooks was not willing, he said, ‘to see important, innovative crime prevention programs like cops on the beat be deferred at a time when the American public is clamoring for us to provide more protection against violent acts’.
Exemplary Damages and Economic Analysis
Authors: Ogus Anthony
Published: November 2023

Don Harris has played a leading role in establishing socio-legal studies both as a necessary complement to doctrinal analysis of law and as a major input to policymaking. He has been an inspiration to those of us at the Centre who came from a more or less ‘straight’ legal background and were eager to explore the exciting, but also forbidding, territory of the social sciences. He once expressed to me his conviction that, among those sciences, economics had perhaps the greatest potential to illuminate legal concepts and principles (see also Harris and Veljanovski, 1986a); and his collaborative work with economists explores some of that potential (Harris et al., 1979; Harris and Veljanovski, 1983, 1986b).
Four Offers and a Trial: The Economics of Out-of-court Settlement
Authors: Fenn Paul , Rickman Neil
Published: November 2023

Long before it became fashionable for economists to utilize powerful theoretical and empirical techniques to investigate bargaining behaviour in a litigation context, Don Harris appreciated the importance of adopting an analytical perspective to the problem of delay in the courts. The chapter in Compensation and Support for Injury and Illness devoted to offers and delay was mainly his responsibility, and those of us who worked with him on this project were swept along with his infectious enthusiasm for using the dataset to reveal more about the ‘black box’ of personal-injury litigation. Although he was prone to use a rather more idiosyncratic style of diagram than economists are used to, it was clear to us that the data emerging from the study were unique in their detail on the process of settlement as well as its outcome. While some of those data have been explored subsequently (Fenn and Vlachonikolis, 1990), the theoretical literature on pre-trial bargaining has progressed significantly since then.
Professional Inattention: Origins and Consequences
Authors: Felstiner W L F
Published: November 2023

I spent a year at Oxford in the 1980s. Originally it was a matter of living out a youthful dream that had been interrupted by the Korean War. But half-way through that wonderful year, I agreed to become the Director of the American Bar Foundation, the closest equivalent in the United States to the Centre for Socio-Legal Studies. For my remaining time at Oxford I was smart enough to pay attention to the way Don Harris directed activities at the Centre. It was from him that I learned some of the most important obligations and opportunities that are encountered by the directors of research institutions. I found out the importance of maintaining absolutely rigorous standards in recruitment and then devoting one’s energies to providing the support and protection that able researchers require to get on with their work. I could see that a director who was flat-out dedicated to the welfare of the institution, and turned his back on any opportunities to promote his own affairs at its expense, would in return secure for the institution the loyalty of its scholars. And I saw how the morale of the staff was maintained as much by the personal attention that the director paid to their individual welfare and the collective ambience of the institution as by the objective conditions of work. This contribution to Don’s volume is an inadequate and belated thank you note.
Knowing the Buzzwords and Clapping for Tinker Bell: The Context, Content and Qualities of Lawyers’ Knowledge in a Specialized Industrial Field
Authors: Lewis Philip
Published: November 2023

It was quite a shock for me, after a tutor with settled views on black letter law that he wanted to impart, to go to a young New Zealander with an inquiring and penetrating mind. Ever since 1957 Don has been a model for me and those others who have wondered how things work out in practice. It is hard now to remember how little sense there was of the world outside the books when the Centre for Socio-Legal Studies was started, and it is an honour to be one of those who can pay direct tribute to Don for his part in the change, as well as thank him publicly for the support he has given me personally.
Creative Compliance and the Defeat of Legal Control: The Magic of the Orphan Subsidiary
Authors: Mcbarnet Doreen , Whelan Christopher J
Published: November 2023

One of the pleasures of working under the Directorship of Don Harris was the unequivocal encouragement he gave to us to research previously unexplored areas in socio-legal studies. The Centre’s programme on business, finance, and the law has been one outcome and it has proved a most fruitful area of study. Yet, at the time it began it was a risky strategy for both the Centre and those involved in the programme. For the Centre it meant a long-term commitment was being made to an area whose ‘researchability’ was untested, and indeed frequently doubted. For us and others, it involved a major investment in the acquisition of new skills and knowledge as well as a willingness to move beyond research ‘origins’-in our case criminal justice and labour law. It is no small irony that the research has itself evolved into a study of the regulation of risk (in the context of corporate finance). The research would not have been possible without Don’s creation of an environment which fostered freedom of thought, and the pursuit of new lines of inquiry. In this Chapter we shall explore one of the central themes of the research programme-the concept of ‘creative compliance’-and the challenge it poses for legal control.
The Origins and Drafting of the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment
Authors: Evans Malcolm D , Morgan Rod
Published: November 2023

Almost every account of the origins of the European Convention for the Prevention of Torture (ECPT) has justly given pride of place to the pioneering efforts of one man, Jean-Jacques Gautier. Gautier was a successful Geneva-based private banker who had a deep Christian commitment and believed it to be his duty to use his wealth to assist his fellow-man. During the latter years of his banking career he became involved in Third World development activities and challenged both public and private Swiss development policies.
Police Custody: Procedural Safeguards
Authors: Evans Malcolm D , Morgan Rod
Published: November 2023

Perhaps the most well attested and least flexible of all the standards applied by the CPT are the procedural safeguards surrounding those taken into initial police custody, the phase during which, all the evidence suggests, vulnerability to physical ill-treatment, including torture, is greatest. This stands in marked contrast to the position under other internationally binding legal instruments, which have little to say directly on these matters.
Conditions of Detention
Authors: Evans Malcolm D , Morgan Rod
Published: November 2023

An examination of the standards used by the CPT relating to conditions of detention is a complex undertaking and can be approached in a number ways, none of which is entirely satisfactory. At the heart of the problem lies the question of what actually is the purpose of the CPT’s activities in this field. If the role of the Committee is to determine whether the conditions encountered amount to a violation of Article 3 of the ECHR, then the emphasis should be upon the cumulative impact of individual factors.
The American Tradition of International Law
Authors: Janis Mark Weston
Published: November 2023

This volume, the first of two, charts the history and emergence of international law in the American common law tradition, from its English roots in the late 18th century to the outbreak of World War I in 1914. At the end of the 18th century it made little sense anywhere in the English-speaking world to talk of either international law or international lawyers, and yet fifty years later, international law had become a commonplace linguistic, legal, and political reality in America, and international lawyering had become a thriving profession. How do we account for the rise of international law in the United States? The answer cannot be simple, and it may never be complete. Yet, approaching this question may enable us to better account for the state of American international law today and to help to predict its future. The author addresses this complex issue by grouping those who played a part in the intellectual development of international law by their several roles: jurists, lawyers, judges, utopians, scientists, dreamers, and diplomats. Some individuals, of course, have acted several parts. He considers the history and development of the discipline from the very creation of the term international law, to its rise to prominence, and to the vast expectations for the discipline at the turn of the 19th century. The book explains how America has arrived at its present approach to international law and thus illuminates its distinctive foreign policy.
Jurists: The International Law of Christendom
Authors: Janis Mark Weston
Published: November 2023

This chapter reopens the early nineteenth-century treatises of James Kent and Henry Wheaton, the first Americans to systematically describe and analyze international law. It remarks on the importance that both authors assigned to international law and explores why Kent and Wheaton paid such homage to Hugo Grotius and what they saw as the Dutch jurist’s Protestant fashioning of what Wheaton called ‘the international law of Christendom’ The international law of Kent and Wheaton was a law necessarily limited to a circle of like-minded states bound by a common tradition of culture, law, and morals, a characterization which, as we shall see, departed from Grotius’ own universalistic preferences.
Lawyers and Judges: International Law in the Courtroom and the Constitution
Authors: Janis Mark Weston
Published: November 2023

In turning now to lawyers and judges, it might be fairly remarked that those figures whom we have already visited were also trained in the law, albeit some – Blackstone, Kent, Wheaton, and Story – seemed better able than others – Bentham and Austin – to prosper at the bar and bench. This chapter’s focus, though, is less on the philosophy of international law and more on its practice, not only in the courtroom, but also in diplomacy and nation-building. We proceed more or less chronologically, beginning with the traditional use of the law of nations in the English common law, turning to its importance in the early state documents of the United States – the Declaration of Independence, the Articles of Confederation, and the Constitution – and its incorporation of international law in American law, and finally, showing the centrality of international law to nineteenth-century America, with an exploration of international law arguments relating to American slavery, and of the remarkable prominence of international law argument in the infamous 1857 decision of the US Supreme Court, Dred Scott v. Sandford.
Utopians: International Courts and World Peace
Authors: Janis Mark Weston
Published: November 2023

Our plan is composed of two parts, viz., a Congress of Nations and a Court of Nations, either of which might exist without the other, but they would tend much more to the happiness of mankind if united in one plan, though not in one body. A congress of ambassadors from all those Christian and civilized nations who should choose to unite in the measure, is highly desirable to fix the fluctuating and various points of international law, by the consent of all the parties represented, making the law of nations so plain that a court composed of the most eminent jurists of the countries represented at the Congress, could easily apply those principles to any particular case brought before them.
Proprietary Interests in Commercial Transactions
Authors: Worthington Sarah
Published: November 2023

One of the most pressing problems now facing commercial lawyers is to explain the principles which determine when a remedy is proprietary and when it is not. This book provides a broad overview of the subject. It examines representative business transactions which commonly give rise to legal or equitable interests in personal property. Its aim is to distil the fundamental principles understanding the relevant legal analyses. The result is to provide a more theoretically rigorous analytical framework for proprietary interests in personal property. The practical advantages of this are potentially twofold: new commercial transactions can be more effectively structured; in addtion, disputes between contracting parties can be more reliably resolved. Two features of the analysis are significant. The first is the elastic nature of proprietary interests in personal property. Although proprietary interests can be broadly classified as ownership or security interests, these are relative concepts which may be affected significantly by impinging contractual arrangements. The second feature is the necessary and intimate integration of law and equity. Equitable proprietary interests are remarkabldy prevalent; this prevalence is directly related to the apparent ease with which equity is able to convert particular personal obligations into proprietary interests.
Legal Ownership: Retained Or Regained Interests
Authors: Worthington Sarah
Published: November 2023

In most commercial transactions the preferred result is for each party to secure all that was initially bargained for. Nevertheless, if that is not possible, the next best solution (in property terms) is for the parties to recover their initial contributions. This type of recovery is precisely what drives the explicit arrangements in retention of title clauses (where the vendor retains legal title to the goods supplied under a contract of sale) and Quistclose trusts (where the lender retains equitable title to the money provided on loan for specific purposes). In both these cases if, for any reason, the bargain between the parties is not fully executed, the intention is that the goods, or the loan funds, will be recoverable by their original owner. These arrangements, whatever their success, demonstrate the perception that this type of proprietary remedy has its own particular advantages.
Equitable Ownership: Retained Or Regained Interests
Authors: Worthington Sarah
Published: November 2023

Both this Chapter and the previous one deal with retained or regained ownership interests: this Chapter is concerned with equitable interests., the previous one with legal interests. In both cases the problem is to describe when, and why, owners can assert retained or regained owner ship of property which was originally their own. It is clear from the previous chapter that the common law rules are uncertain and, arguably, unsatisfactory. Added to that, the common law rules are largely irrelevant unless the equitable rules produce the same response: there is little value in asserting legal ownership if equitable ownership lies else where. Not surprisingly, therefore, the equitable rules discussed in this Chapter are better defined and more frequently relied upon.
Ministers and Parliament
Authors: Tomkins Adam
Published: November 2023

A Core concern for any constitution is to seek to regulate relations between the government. or executive, and the legislature. or Parliament. The urnvrit tcn British constitution is no excepl10n: indeed in Britain this may be a matter of constitutional importance to an even greater extent than in many other Junsdictiom as Parliament remains not only the national legislature, but also the primary environment in which the government of the day is- almost daily-held to account. The relationship between government and Parliament is a matter of profound constitutional concern m Britain. Yet. such concern has not been sufficient to preclude tither uncertainty as to what the constitution provides or bitter argument as to what it should provide.
Public Interest Immunity
Authors: Tomkins Adam
Published: November 2023

Pc BL 1c interest immunity (Pl I) was the first aspect of the Matrix Churchill story to attract the attention of public lawyers, and this small part of the law of evidence retained its high-profile position in the Scott report and in subse quent parliamentary debate and academic literature. This is not because PII is all that interesting.
Controlling the Power to Agree Damages
Authors: Chen-Wishart Mindy
Published: November 2023

The power of contract parties to agree damages is controlled by the penalty rule. This rule appears an oddity in the law of contract for, contrary to the generally accepted value of freedom of contract, the rule imposes a particular substantive limit on the amount of damages contract parties can stipulate as payable on breach, being the amount of ordinary damages which a court would have awarded in default of express stipulation.
Introduction
Authors: Carruthers Bruce G , Halliday Terence C
Published: November 2023

In the last twenty years corporate bankruptcy has been pushed out of the shadows of legal and corporate marginality into the spotlight of daily business news. Its financial and human repercussions are enormous. In many advanced economies, including Britain and the United States, corporate bankruptcy has variously emerged as a new strategic device for corporate managers, as a new frontier for highly expert lawyers and accountants, and as a matter of new urgency for governments and officials who want to encourage entrepreneurial risk-taking while they lower tariff barriers, but preserve jobs and protect home industries.
Privatization and Nationalization of Bankruptcy Administration
Authors: Carruthers Bruce G , Halliday Terence C
Published: November 2023

Over the past years, political struggles in many advanced capitalist democracies have centered on the limits of the state. Dramatically exemplified by the policies of Thatcherism and Reaganism, political ideologies of the right have championed the expansion of the market as the most efficient means of allocating goods and services, with a correlative contraction of the state. This general restructuring of the public and private domains has direct and indirect consequences for the field of bankruptcy law and corporate reorganization. The more that the state intervenes directly to administer bankruptcies, the less work remains for private practitioners. Moreover, what kinds of bankruptcy work remain in the market or state affect status and monetary incentives for practitioners.
Research Design and Background of the Sample
Authors: Fehlberg Belinda
Published: November 2023

Chapters 1 and 2, read together, indicated an apparent discrepancy between ‘public’ judicial perspectives on providing security, and ‘private’ experiences between couples. In order to explore this discrepancy, the next stage of the research involved the collection of empirical data. In Part A of this chapter, the methods used for collecting that data are set out. In Part B, the background characteristics of the sample group are described.
Domestic Finances
Authors: Fehlberg Belinda
Published: November 2023

This chapter is the first of four chapters comprising findings in relation to the surety sample (Chapters 4, 5, 6, and 8). In essence, the ordering of these chapters is chronological but also reflects the public/private theme. Thus in this chapter, the domestic financial arrangements within surety households are considered (the ‘private’). The next chapter is concerned with the role of sure ties in the context of business decisions (often representing, in the context of small business, the intersection of ‘private’ and ‘public’).
Background to the Study: the County Court Files
Authors: Baldwin John
Published: November 2023

The available research evidence on the operation of small claims in England and Wales is small-scale and fragmented. Commentators are as a result almost completely ignorant about what happens at small claims hearings in England and Wales. The Judicial Statistics, published annually by the Lord Cha ellor’s Department, provide a good deal of intriguing information about the work of the county courts in general and shed a little light on cases dealt with under the small claims procedure. But they cannot show—nor are they designed to—any thing at all about how well small claims procedures operate in practice or about whether they are able to offer a standard of justice that is acceptable to the people who use them.
The Districtjudge’s Role at Small Claims Hearings
Authors: Baldwin John
Published: November 2023

At the time of writing, there are over 350 permanent district judges sitting in county courts in England and Wales and over twice as many deputy district judges.1 These are the judges who conduct small claims hearings, and, in common with small claims adjudicators in other parts of the world, they have been encouraged to intervene to an increasing extent at small claims hearings. Publication both of the Report of the Review Body on Civil Justice in l 988 and of the interim report of the Woolf Inquiry in l 995 has given considerable impetus to this devel opment.2 The Civil Justice Review Body had noted in a consultation paper that there was considerable hesitancy on the part of many registrars (the forerunners to district judges) in playing a truly inter ventionist role, and it was evident that some of them were stuck in an adversarial rut.
The Enforcement of Small Claims Judgments
Authors: Baldwin John
Published: November 2023

This book ends on a somewhat sour note. While the study that has been described in these pages has shown that small claims procedures in England and Wales operate in the main to the satisfaction of the participants, the same cannot be said of the enforcement of judgments. If, after judgment, the defendant does not pay the plaintiff within the time period specified by the court, the plaintiff may seek to enforce the judgment by requesting that the court take action against the defendant. Many plaintiffs have such bad experiences at this stage that it causes them to re-appraise the value of pursuing small claims in the first place. Indeed, a number become so jaundiced and disillusioned as a result of their failure to enforce the court’s judgment that they say that they would not contemplate using the small claims procedure again in the future.
Conclusion
Authors: Baldwin John
Published: November 2023

During the four years in which the research reported in this book was being conducted, the role of the small claims regime has been trans formed in England and Wales, and it has become much more promi nent in the debate about the future shape of civil justice. Over that period, this debate has been conducted more vigorously than at any time in the previous twenty years, and, as the unprecedented rise in the small claims limit to £3,000 has demonstrated, the outcome of this debate has proved decisive. From a position of substantial agnosticism, the writer has himself become increasingly convinced, as this study has proceeded, of the merits of the small claims procedure.
Models of the Criminal Process
Authors: Choongh Satnam
Published: November 2023

This chapter examines various attempts which have been made to discern and explain the rationale underlying the legal rules and organisational practices which make up what is commonly referred to as the criminal justice system. The first section sets out the thesis of the American writer, Herbert Packer, that all such rules and practices are explicable by reference to his two ‘models’ of the criminal process, ‘Crime Control’ and ‘Due Process’. The second section explains how many of those who have written about English pre-trial process have been influenced by Packer’s work, and how the debate about criminal justice is still being conducted within the boundaries of the crime control/due process analysis. The third section presents the argument that the two models, although conflictual in many ways, share a profound commonality in that they are both legal models. The chapter concludes by arguing that neither model explains the full range of police motivations, objectives and behaviour.
Fairness, Social Discipline and Reform
Authors: Choongh Satnam
Published: November 2023

The present study sought to judge the fairness of police station procedures from the suspect’s perspective, and as part of this endeavour gathered data on the issue of police compliance with PACE and the impact of police powers on suspects. These data have been set out in detail in the preceding chapters, and in most instances they tend to suggest that PACE has done little to improve the position of suspects. The purpose of this chapter is to summarise and draw upon the main research findings on specific aspects of PACE in order to address the issue of fairness at a more general level. In this context, the fairness of rules and procedures is judged in two ways: by the extent to which they enhance reliability, and by the degree to which they protect citizens from coercive treatment.
Sexed Work
Authors: Maher Lisa
Published: November 2023

This is the first detailed account of the economic lives of women drug users. It is located at the boundaries of three disciplines - criminology, anthropology, and sociology - and based on three years of in-depth ethnographic fieldwork in New York City. Set in a neighborhood plagued by drug use and AIDS, the book reveals the economic lives of a group of women whose options have been severely circumscribed, not only by drug use, but also by poverty, racism, violence, and enduring marginality. It is a fascinating account, with Maher drawing extensively on the women's own words, describing how structures and relations of gender, race and class, are articulated by divisions of labour in the street-level drug economy. The book challenges the impoverished set of characterizations which dominate the literature, critiquing both feminist and non-feminist representations that view women lawbreakers as driven by forces beyond their control. It graphically illustrates the role of the drug economy as a site of cultural reproduction by drawing attention to the specific practices by which gender and race dimensions of inequality are constituted and contested in street-level drug markets. This is a rich, nuanced, and theoretically sophisticated study of "crime as work" which will be compelling reading for all those interested in the ways in which women deal with the intersection of gender, race, and work.
Gender, Work, and lnformalization
Authors: Maher Lisa
Published: November 2023

Previous studies of illicit drug use, distribution, and related activities have been, for the most part, over-determined by the psycho pharmacological paradigm. The predominance of this paradigm has produced a powerful ideological trope which organizes and diffuses broader cultural anxieties. In attributing the negative effects of drugs to a combination of individual pathology and the pharmacological properties of particular substances, this trope inscribes a particular meaning of drug use. Although, in more recent times, its referents have shifted away from the notion of ‘addiction ‘ to embrace a concept of ‘dependence ‘, dependency is little more than a euphemism for addiction (Moore, 1992). Both addiction and dependency function as ‘keywords ‘ (Williams, 1976) in popular and academic discourse on illicit drugs. Together, they constitute a powerful ‘common sense ‘ (Gramsci, 1971) which legitimizes a particular reading of drug use while simultaneously obscuring the possibility of alternative readings.The depiction of drug users as addicted and dependent has produced a reading organized around notions of passivity, inadequacy, and escapism and has led to the assumption that drug users are, by definition, marginal to economic and occupational life (Cloward and Ohlin, 1960; Chein et al., 1964). Drug users have been portrayed as lazy, amotivational, and parasitic on the formal economy. Bereft of basic normative values, their income generating activities have been characterized as impulsive, random, and pharmacologically-driven.
Jobs for the Boys: Street Hustles
Authors: Maher Lisa
Published: November 2023

This chapter focuses on women ‘s involvement in a range of income generating activities which, while clearly drug-related, are not confined to the drug economy or its participants. These non-drug hustles fall into two categories: ‘criminal ‘ hustles and ‘unlawful ‘ hustles. ‘Criminal hustles ‘, such as street crime, are those activities which are prohibited by criminal law per se and cannot legally be under taken in any other economic sector. In distinguishing unlawful hustles from criminal hustles, this chapter relies on the conventional definition of ‘informal sector ‘ activity as that which is marked by the absence of state regulation (Castells and Portes, 1989; Sassen, 1991). Unlawful hustles are those acts of income generation which could theoretically be undertaken in the formal economy if appropriate regulatory conditions (e.g. paying taxes, obtaining licenses, registering businesses, having premises and work conditions subject to state oversight) were met. They constitute the ‘unregulated production of otherwise licit goods and services ‘ (Castells and Portes, 1989:15) and are unlawful, not per se, but because regulatory conditions are not met. Their unlawfulness stems not from the activity itself but from the failure to observe the stipulated regulations (Williams, 1967).
The Inter-American Commission on Human Rights: its Organization and Examination of Petitions and Communications
Authors: Cerna Christina
Published: November 2023

The Charter of the Organization of American States (OAS) was adopted in 1948 at the Ninth International Conference of American States held in Bogota, Colombia, fifty-eight years after the inter-American system was established. At the same Conference, the States of the American region also adopted the American Declaration of the Rights and Duties of Man (hereinafter ‘American Declaration’), a human rights Declaration similar in inspiration and purpose to the United Nations Universal Declaration, but which ante-dated the Universal Declaration by six months The American States proclaimed the fundamental rights of the individual, but the American Declaration, which defined those rights, was not intended to be legally binding upon the member States of the Organization.
The Role of Country Reports in the Inter American System of Human Rights
Authors: Medina Cecilia
Published: November 2023

The power to prepare country reports is vested in the Inter-American Commission on Human Rights (hereinafter the Commission), an organ that operates under both the American Convention on Human Rights (hereinafter the American Convention) and the Charter of the Organization of American States (OAS). The Commission has, unlike other international supervisory organs in the field of human rights, an extensive and varied range of powers. These are exercisable in respect of all OAS member states, whether parties to the American Convention or not.