bluuebunny/crossref_metadata_2025 huggingface dataset:
‘The Rational Study of Law’: Social Research and Access to Justice
Authors: Cranston Ross
Published: November 2023

In an ideal world of making public policy, problems and objectives would be clearly defined, options rigorously canvassed and calculated choices made. In the real world this is a counsel of perfection; rationality must be pursued under severe constraints. Not only does one never start with a blank sheet but resources are limited (time being one of the most important); the problem as opposed to its symptoms may not be immediately identifiable; there are opposing interests which close off certain lines of inquiry and outcome; and values might be contested and a trade off necessary.
Discovery in Commercial Litigation
Authors: Mackie David
Published: November 2023

1.1. Commercial cases are in many ways less important than those involving crime, children or people’s homes. The impact on the community of commercial cases is however wider than the benefit to the balance of payments. Commercial cases, tried not only in the Commercial Court but also elsewhere in the High Court and in the County Court, daily affect and blight the careers of ordinary people, determine whether or not businesses and sometimes whole industries are to survive, factories and oil fields to remain open and communities to flourish. One aspect of the unacceptable increase in the cost of commercial litigation has been the effect of discovery of documents.
Why Public Law is Private Law: An Invitation to Lord Woolf
Authors: Harlow Carol
Published: November 2023

The Civil Justice Review of 1988 made two assumptions about public law proceedings, the first being that public law cases would continue to be dealt with by the High Court, the second that public law (Order 53) procedures fell outside its remit. In arriving at this conclusion—agreed, we are told, ‘on consultation’, though no further reasons are given—the Review left untouched some very real deficiencies in judicial review procedure. To quote Professor Wade, the defects of Order 53 procedure were (and remain) ‘mainly those of an elaborate legal system—procedural complexity, cost and delay of litigation and the strain on limited judicial resources’. Since that date, judicial review procedures have been subjected to a separate review by the Law Commission which did not simply assume that public law proceedings should remain with the High Court but explored alternative options.
Tackling Systemic Risk on Markets: Barings and Beyond
Authors: Whittaker Andrew M
Published: November 2023

In these comments, I plan to focus on one particular area of regulatory endeavour-protection against systemic risk affecting markets-and how it is being addressed as part of the follow-up to the Barings case. This will help us to consider how far what is being done internationally in that con text can be described under the headings ‘co-operation’ and ‘convergence’, and how far it could be said to indicate something more, which might be described, perhaps rather grandly, as the beginnings of the emergence of a world regulatory order.
Cooperation and Convergence: The View from Brussels
Authors: Cruickshank Christopher
Published: November 2023

The European Union (EU) is a good example of convergence in the sense that the 15 Member States (MS) have agreed a very close degree of integration between their respective economies, in the areas of capital movement, export of goods, provision of services and movement of persons.
Democracy and Constitutionalism: The Role of Constitutional Interpretation
Authors: Davis Dennis , Chaskalson Matthew , Waal Johan De
Published: November 2023

Constitutionalism has finally been placed on the South African political agenda. In itself, this could produce a legal revolution. To date South African public law has been dominated by English antecedence, both in its structure and content. The British colonization of the Cape in the eighteenth century resulted in a dominance of English legal tradition such that the South African legal profession, both academic and practising, adopted an almost slavish adherence to Anglocentric legal traditions and concepts. Dicey became the jurisprudential source of South African constitutional law and it was his concept of the rule of law which constituted the yardstick by which to test the democratic nature of the principles and content of South African public law.
Administrative Justice
Authors: Corder Hugh
Published: November 2023

This chapter is concerned with control over executive power through the Constitution. Few lawyers or political commentators in the late twentieth century would deny that the growth of executive power ranks with the development of the constitutionalisation of human rights as one of the two most important features of government during the last fifty years. The origins of and reasons for this expansion of the power of one branch of government, chiefly at the expense of the legislature, are many and varied1 and need not detain us here. We need only recognize the fact that most modem governments rely to a great degree for the effective execution of their policies on a large and powerful public administration, acting often in a discretionary manner.
From Platform Rhetoric to Enforceable Law
Authors: Windlesham Lord
Published: November 2023

Although there were some strongly expressed objections of principle to the concept of the secure training order, the controversy was dominated by arguments based on practical experience. The second topic which preoccupied Parliament, and the House of Lords in particular, during the spring and summer of 1994 was the Government’s intention to modify the right of silence. To some, although not all, of those most familiar with the process of justice the proposal was seen as coming close to encroaching upon one of the most cherished of principles underlying criminal law and procedure: the presumption that in a contested trial the accused is innocent until found guilty by a jury. In Michael Howard’s catalogue of pledges unveiled at Blackpool the previous October, none had been applauded more fervently than his emphatic declaration that the ‘so called right to silence’ would be abolished.
The Common Market and National Regulation
Authors: Ziegler Andreas R
Published: November 2023

The common market is one of the main means available to the Community for the promotion of its objectives. The protection of the environment at a high level has to be taken into consideration in the establishment of the common market. The common market relies on different elements: the four economic freedoms, a system ensuring undistorted competition, and the approximation of laws to the extent required for the functioning of the common market. In the field of com petition the Community has established a system which tries to avoid the reconstruction of abolished state trade barriers by private undertakings. The underlying concepts of the Treaty provisions concerning the establishment of the common market have important effects on domestic environmental policy.
The Environment-related Policy of the Community
Authors: Ziegler Andreas R
Published: November 2023

At the moment of its creation in 1957, the European Community was conceived of as a mainly economic organization. The original Treaty of Rome did not include the protection of the environment as a Community objective or an element of Community policy. Nevertheless, the establishment of the common market soon led to an urgent need for co-ordination between environmental protection and the intended elimination of obstacles to trade and national differences distorting competition. The first ‘environmental measures’ of the Community were adopted under the rubric of elimination of trade-hindering national standards. From the late 1960s until the middle of the 1980s the Community provisions for the harmonization of laws for the establishment of the common market were also used for the protection of the environment.
Authorised Services
Authors: Bursell Rupert D H
Published: November 2023

Forms of service are now primarily governed by the Church of England (Worship and Doctrine) Measure 1974, and Canons made thereunder. Only the Book of Common Prayer and other forms of service authorised under Canon B 1 may lawfully be used. Forms of service may in particular circumstances be authorised by the General Synod, Convocations, archbishops. diocesan bishops and ministers having the cure of souls.

The rigorist interpretation of the rubrics no longer applies and, unless it is itself a statement of doctrine or indicative of Church order, a rubric is now to be treated as a mere directive.
Resolution, Alteration and Variation
Authors: Bursell Rupert D H
Published: November 2023

A bishop cannot release from the application of the rubrics but he may resolve questions of doubt within the ambit of the law. Few alterations. additions or omissions are per mitted to forms of service, although in rare circumstances reliance may be placed on the doctrine of necessity.

Trifling deviations from the forms of service are disregarded by the law. ln addition Canon B 1. para. 1, permits the minister conducting a service to use variations which arc not of substantial importance according to particular circumstances; such variations must be reverent and seemly and may not be contrary to the doctrine of the Church of England in any essential matter.
Funerals
Authors: Bursell Rupert D H
Published: November 2023

It is the duty of every minister in all matters to observe the law from time to time in force in relation to the burial of the dead. By reason of Canon B 38, para. 2:

It shall be the duty of every minister to bury, according to the rites of the Church of Englaruf, the corpse or ashes of any person deceased within his cure or of any parishioners or persons whose names are entered on the elec toral roll of his parish whether deceased within his cure or elsewhere that is brought to a church or burial ground or cemetery under his control in which the burial or interment of such corpse or ashes may lawfully be effected, due notice being given; except the person deceased have died unbaptised, or being of unsound mind have laid violent hands upon himself, or have been declared excommunicate for some grievous and notorious crime and no man to testify to his repentance; in which case and in any other case at the request of the relative, friend, or legal representative having charge of or being responsible for the burial he shall use at the burial such service as may be prescribed or approved by the Ordinary, being a service neither contrary to, nor indicative of any departure from, the doctrine of the Church of England in any essential matter: Provided that, if a form of service available for the burial of suicides is approved by the General Synod under Canon B 2, that service shall be used where applicable instead of the aforesaid service prescribed or approved by the Ordinary, unless the person having charge or being responsible for the burial otherwise requests.
Introduction
Authors: Bowling Benjamin
Published: November 2023

People differ about Quality, not because Quality is different, but because people are different in terms of experience… to take that which has caused us to create the world and include it within the world we have created, is clearly impossible. That is why Quality cannot he defined. If we do define it we arc defining something less than Quality itself [Pirsig, 1974: 244—5].)
Cotractual provisions: the de Mattos v. Gibson principle
Authors: Worthington Sarah
Published: November 2023

Proprietary interests provide the best form of security in commercial transactions. Frequently, therefore, contracting parties secure their dealings by agreeing that one party will have property interests in the form of legal or equitable ownership or an equitable charge. These options were examined in the previous chapters. The advantage of such interests is that they deliver rights which are effective against third parties, not simply between the contracting parties. Such proprietary interests are invaluable whenever there are competing claims for payment, especially on insol vency. The obvious utility of proprietary rights prompts the question, are there any purely contractual rights which provide similar benefits? This is the focus of this Chapter. It represents a digression from the main theme of proprietary interests, although it is clearly relevant in providing an alternative source of ‘security’ in commercial transactions.
The Liberalising Nature of Remedies for Breach of Trust
Authors: Oakley A J
Published: November 2023

During the last thirty years a number of types of disposition which would not previously have given rise to a relationship of trustee and beneficiary have been held to have created valid trusts. Thus trust powers whose beneficiaries are not all capable of ascertainment, and purpose trusts which are directly or indirectly for the benefit of individuals,2 haw both for the first time been held to be valid express trusts. Payments made for specific purposes have for the first time been held to be capable of giving rise to trusts, variously classified as express, resulting, and constructive,in favour of the payer until the payee has carried out the purpose in question.
Trust Law for the Twenty-first Century
Authors: Qc Sir William Goodhart
Published: November 2023

Trusts have a long history in English law. The ‘use’, the ancestor of the trust, can be traced back at least to the reign of Henry III in the early thirteenth century. By the end of the fourteenth century, the Chancellor was beginning to enforce uses in his Court of Chancery. By the late seventeenth century, due in large part to the work of Lord Chancellor Nottingham, something recognizable to modern lawyers as the law of trusts had emerged.
The Civil Service
Authors: Tomkins Adam
Published: November 2023

The civil service played a prominent role in the Scott story, yet escaped any mention in the report’s recommendations and hardly figured in the subse quent parliamentary debates. Ever present but rarely noticed, central yet ignored: such has been the habitual fate of the British civil service in consid erations by constitutional lawyers, and the Scott report was no exception. Yet the civil service was subject to the most wide-rnnging constitutional reforms of the long Conservative period in office. Although during the 1997 general election campaign John Major frequently raised constitutional reform as an area where Labour could not be trusted and was a threat to the future of this United Kingdom, his government was the most constitutionally reform minded since Wilson’s first administration m the 1960s. Nowhere was this more evident than with the civil service.
Post-Security Experience
Authors: Fehlberg Belinda
Published: November 2023

I just feel its terribly unfair, the way things have turned out, that I’m actually now dealing with the problems of the failure of my husband’s business. Because of that, I can’t lead a normal life. I’m cleaning up all the rubbish, and it’s very unfair. Especially as I didn’t have any part to play in the management or decision-making of the business. I ended up with the debts and everyone else is living happily ever after. Yes, it’s very unfair. (Mrs Hayes) While the focus of this book is the circumstances in which security is provided, the research would be incomplete without consideration of sureties’ post-security experiences. Sureties’ post-security experiences would provide enough material for a further detailed study revolving around access to justice and the social costs of small business failure, so this discussion is necessarily limited.
Introduction: The Measure of the Law
Authors: Murphy W T
Published: November 2023

Some writers have so confounded society with government, as to leave little or no distinction between them; whereas they are not only different, but have different origins. Society is produced by our wants, and government by our wickedness; the former pro motes our happiness positively by uniting our affections, and latter negatively, by restraining our vices. The one encourages intercourse, the other creates distinctions. The first is a patron, the last a punisher . . . Government, like dress, is the badge of lost innocence; the palaces of kings are built on the ruins of the bowers of paradise.
Rationalities and Technologies: Max Weber and his Legacy
Authors: Murphy W T
Published: November 2023

‘Whoever wants a sermon should go to a conventicle’, wrote Max Weber. Hence, according to Jaspers, Weber’s dying words: ‘That which is true is the truth.’3 To conduct research into Weber today is, inevitably, more and more an endeavour located within the history of ideas and of epistemology. Yet it is also in many respects a contemporary exercise-and this is the enigma of Weber for us. To look ‘back’ to Weber is one way of exploring the possibilities and the limits of the contemporary socio-legal imagination. For this reason the truculent figure of Weber continues, perhaps perversely, to seduce.
Employment, Citizenship, and Services of General Public Interest
Authors: Supiot Alain
Published: November 2023

Everyone knows the tale of the baker’s wife, written by Jean Giono and immortalized on the screen by Marcel Pagnol and the actor Raimu. The baker’s wife is fickle and deserts home and bakehouse to follow her lover. How can a baker live without a wife? He makes the bread and she sells it, and the loss of their married love means that he loses all will to carry on at all. So the baker goes on strike, as it were, making but one simple demand: if she returns so will the bread. Deprived of its bread, the entire village intervenes to bring the baker’s wife back to her husband and thus restore, along with conjugal love, an employment relationship that is indispensable to the bakery.
Inadmissibility for Other Reasons
Authors: Amerasinghe C F
Published: November 2023

Exhaustion of internal remedies 20.The Respondent’s position is that the application is not properly before the Tribunal because in bringing it the Applicant failed to exhaust the Bank’s internal remedies laid down by paragraph 2 of Article II of the Tribunal’s Statute. The Respondent points out that under the Statute the Applicant could validly have prosecuted his grievance directly before the Tribunal without exhausting its internal remedies, only if both he and the Respondent agreed to this course. The Bank said it had not agreed to any such course.21. In particular the Bank points out that the Applicant has not, conformably with the Statute, requested administrative review of the decision .
Prejudice/Discrimination
Authors: Amerasinghe C F
Published: November 2023

Discrimination i.28. Before examining the evidence advanced by both parties as to the proper evaluation of the Applicant’s position, the Tribunal wishes to reiterate what it has previously decided as to the scope of its review of the Bank’s decisions arising from the Job Grading Program.
Proportionality
Authors: Amerasinghe C F
Published: November 2023

General i.43. Staff Rule 8.01, Section 4.01, refers in effect to proportionality in providing that the Bank shall determine the imposition of disciplinary measures on ‘a case-by-case basis’, taking into account, among other elements, ‘the seriousness of the matter’, ‘extenuating circumstances’, ‘the situation of the staff member’, and ‘the frequency of conduct for which disciplinary measures may be imposed’. It is proper, therefore, for the Tribunal in this case to consider ‘the seriousness of the matter’ and ‘the frequency of conduct’ in assessing the proportionality between the Applicant’s wrongdoing and the Bank’s decision to terminate his services. The Tribunal considers that fraud is always a most serious matter. This is particularly true where, even if the amounts improperly claimed as compensation are not large, the conduct consists of repeated acts of unethical behavior. Thus, in this case, where the Applicant persisted in and showed a pattern of abuse, the Respondent is entitled to take a serious view of his misconduct.
The rule of reason
Authors: Jarvis Malcolm A
Published: November 2023

There are two possible sources of justification for restrictions to the free movement of goods; one Treaty-based, and the other a creation in the case law of the ECJ. Firstly, Article 36 of the Treaty enumerates certain specific grounds of justification. These will be discussed in the following chapter.
Completion of the Internal Market and the Effect of Community Harmonization Legislation
Authors: Jarvis Malcolm A
Published: November 2023

It has long been appreciated that a dynamic relationship exists between ECJ case law interpreting the fundamental freedoms provided for in the EC Treaty on the one hand, and Community harmonization legislation on the other. This dynamic relationship is characterized by the fact that these two tools of integration complement one another.
Conclusion
Authors: Jarvis Malcolm A
Published: November 2023

As was noted at the outset, the decentralized system for the application and enforcement of EC law has the result that the national courts are the natural forum for the application of EC law. The volume of national case law applying the EC Treaty’s free-movement-of-goods provisions confirms that the national judge is indeed the ‘juge communautaire de droit commun’.
Personality Rights: The Limits Of Personal Accountability
Authors: Gibbons* Thomas
Published: November 2023

Although the concept of a personality right is not known in the laws of the United Kingdom, it has featured for many decades, in academic discussion and proposals for law reform, to describe various interests in privacy, reputation, intellectual property, and moral choice. More recently, it has surfaced again in debates about the desirability of introducing a law of privacy1 and the need to rationalize the law of damages.2 In both cases, there has been reference to consideration of personality interests in the United States and in Germany, the latter receiving particular attention because its law explicitly recognizes personality rights as worthy of protection. One reason why the idea of interests in personality is not adopted in this country is that, as a descriptive category, it functions at a very abstract level and any useful discussion soon reverts to the manifestations of personality which may be legally protected. But the notion of an interest in personality is usually intended to be more than descriptive, and represents an attempt to identify some underlying principle which provides a common thread for analysing particular remedies. In this article, I will suggest that a conception of personality rights based on personal accountability can offer a helpful way of organizing both existing legal actions and suggestions for reform.
The Classification of Obligations and Legal Eduction
Authors: Mcbride Nicholas J
Published: November 2023

Anyone who is seriously concerned to teach others about what our judge made obligations (hereafter, simply ‘obligations’) are needs a good list of those obligations. I will justify this assertion later. I want however, first, to explain what a good list of our obligations will do and, secondly, to show that classifying our obligations is an integral part of the production of good lists of our obligations.
The Control Room: the First Stage in the Decision-Making Process?
Authors: Hoyle Carolyn
Published: November 2023

The control room is the critical point at which public demands can be met by available police resources. Control room operators deal with all incidents, emergency or otherwise, reported over the telephone. Hence, it has been argued that this is the first stage in the police decision-making process and that operators, like patrol officers, have the opportunity to exercise discretion in the disposal of cases (Goldstein 1960). This book is primarily concerned with identifying the factors which impact on the decisions regarding the arrest and prosecution of domestic violence perpetrators. Thus, it is important to examine the responses of control room operators to see if they influence the decisions taken by officers at the scene of domestic disputes.
Understanding Prosecution Decisions
Authors: Hoyle Carolyn
Published: November 2023

When the police make an arrest the suspect is taken to the police station so that detention can be authorized by the custody officer. Detention in custody allows the arresting officer, and sometimes his colleagues, to interview the suspect. When the officer believes that he has sufficient evidence to prosecute he is supposed to stop the investigatory process and put the facts before the custody officer, who can then decide whether or not to charge.
When Legislation Should Take Intellectual Disabilities into Account
Authors: Shnit Dan
Published: November 2023

Comparative analysis of legislation on the rights of persons with disabilities in general and on the rights of persons with intellectual disabilities in particular in various developed countries reveals differences in the scope and nature of proposed solutions. It is difficult to single out any country that provides comprehensive solutions for all aspects of the needs and problems of people with intellectual disabilities and the difficulties they encounter. Several countries have outlawed various forms of discrimination against and denial of equal rights to persons with disabilities in general and those with intellectual disabilities in particular. This prohibition refers only to discrimination based on disability and covers employment, public services, and access to services as well as access to public places, public transportation, and communications. The laws in these countries, however, do not include an obligation to provide material assistance and care services tailored to the needs of persons with disabilities. Several countries have enacted legislation acknowledging the right of persons with intellectual disabilities to receive assistance and care services in various spheres of life. Nonetheless, these countries have not outlawed all types of discrimination against persons with intellectual disabilities or all infringements on their right to equal life opportunities.
Out-of-Home Placement of Children with Intellectual Disabilities: The Need for a Family Support Policy
Authors: Rimmerman Arie
Published: November 2023

Families of children with severe intellectual disabilities are at highest risk for out-of-home placement. Despite policies discouraging institutional placement of children with severe disabilities and dramatic reductions in the number of children in institutions, admissions to large state facilities is growing faster than discharges from them. Although most of the children with severe intellectual disabilities will spend their childhoods in their own homes, many will not. According to Meyer, up to 40% of children with severe and profound intellectual disabilities in the United States may no longer be living out-of-home. Parents of these children are caught in the dilemma of whether to place them out-of-home or rear them at home until they reach adulthood.
Regulating the Changing Media
Authors: Goldberg David , Prosser Tony , Verhulst Stefaan
Published: November 2023

One of the areas of contemporary life which is changing most rapidly is that of the media. It includes rapidly changing technology; even more importantly, it bears with it economic and social change which is widely claimed to be revolutionary.2 The aim of this book is to assess the effects of these changes on the capacities of law to regulate the media and, in particular, to examine the extent to which it remains possible for governments and other public authorities to shape the changing media in such a way as to ensure that important social values are not neglected. Such shaping is one role of law, both in its formal sense of constitutions, legislation, and courts, but also through the operation of regulatory authorities established by law. In this book the capacity of radically different legal and administrative systems to cope with fast moving and radical change will be compared with the aim of understanding more about law, regulation, and the media themselves.
The Law of Charities
Authors: Luxton Peter , Hill Judith
Published: November 2023

In the last decade, the Charities Acts 1992 and 1993, the emergence of 'the contract culture', and the changing role of the Charity Commissioner, have all contributed to the growing importance of charity law to the practitioner. The Trustee Bill 2000, when enacted, will affect charitable trusts in a number of areas, especially investment and delegation. The Finance Bill 2000 contains some of the most sweeping changes to charity taxation for many years. The Human Rights Act 1998, due to come into force in October 2000, will have an important, but as yet uncertain impact on charities. These recent developments receive full treatment in this book, which aims to provide lawyers and others involved in charity management with an up to date and comprehensive commentary on charity law, including suggestions for drafting. With many new charities being formed as companies, the importance of the various legal structures available to charities is emphasised throughout. Particular attention is also devoted to the view of the Commissioners in the light of their controversial Review of the Register.
Wholly And Exclusively Charitable
Authors: Luxton Peter , Hill Judith
Published: November 2023

To attain charitable status, an institution’s purposes or objects must be wholly and 6.01 exclusively charitable. This requirement originated in the law of trusts, in the principle that the execution of a trust must be under the control of the court, so that administration of it can be reviewed by the court, or so that the court itself can execute the trust Provided the purposes of a trust are wholly and exclusively charitable, its due administration can be directed and its property can, if necessary, be applied under a scheme.
Regulation Of Fund-Raising
Authors: Luxton Peter , Hill Judith
Published: November 2023

The use by charities of professional fund-raisers has increased significantly since 21.01 the 1980s, and new methods of fund-raising have also been developing, such as the encouraging of donations by credit card. Charities have also been entering into more agreements with business organizations for their mutual advantage, a simple, and not untypical, arrangement being an agreement between a charity and, for example, a baked-bean manufacturer, under which the latter undertakes to give, say, 5 pence to the charity for every tin of baked beans that is sold, a message to this effect appearing on each tin. Although many of these relationships are beneficial to charity, some reports published in the 1980s identified scope for fraud, both on the charities entering into them, and on the public.
Introduction
Authors: Evans Andrew
Published: November 2023

This book concerns the Structural Funds and other financial instruments of the European Union (that is, the ‘Union funds’1)- Each fund has its own characteristics, which will be systematically examined in the book. What all the funds have in common, however, is that they provide financial assistance designed to support the attainment of objectives favoured by the Union.
European Social Fund
Authors: Evans Andrew
Published: November 2023

In Article 117 of the EEC Treaty, Member States agreed upon the need to promote improved working conditions and an improved standard of living for workers. They believed that such improvements would ensue not only from the functioning of the common market but also from the procedures provided for in the Treaty. Presumably, these procedures were to include the provision of assistance by the European Social Fund (ESF).
Marshalling Of Securities And The Law Of Subrogation
Authors: Ali Paul A U
Published: November 2023

The purpose of this chapter is to consider the relationship between the equitable doctrine of marshalling of securities and the law of subrogation. Any consideration of the nature of marshalling of securities necessarily raises the issue of whether marshalling can be characterised as a subrogation remedy or a new category of subrogation.
The Rationale For Marshalling Of Securities
Authors: Ali Paul A U
Published: November 2023

The equitable doctrine of marshalling of securities is an anomalous doctrine in the sense that it is not readily susceptible to classification. It is not a subrogation remedy or a new category of subrogation, notwithstanding that it employs subrogation, or an equivalent legal process, to achieve its objective of prioritypreservation. It resists restitutionary analysis, even though, in the very act of preserving priority, it redresses the loss sustained by a junior creditor at the hands of a senior creditor. Nor can it be accounted for in terms of the related equitable doctrines of consolidation, contribution and specific performance.
The Community (Antitrust) Remedy Solution
Authors: Jones Clifford A
Published: November 2023

In contrast to Hoskins, Staines advocates the abandonment of ‘old torts’ and judicial establishment of a new remedy ‘unencumbered by outdated principles or irreconcilable dictae’. Staines is one of the few writers to offer explicit support for Lord Denning’s ‘new torts’ approach on the basis that ‘[i]f this approach is accepted, all the difficulties associated with the attempts to find the remedy in the actions for breach of statutory duty and conspiracy may be disregarded’. While not supporting what he regards as Lord Denning having ‘plucked the two new remedies out of the air’, he wholeheartedly accepts the general correctness of the approach because ‘[r]ather than utilizing the old tort remedies, encumbered as they are by rules and principles based on a laissez-faire philosophy long out of date, he [Lord Denning] has broken new ground and established a modern remedy for a modern wrong’.
Damage Principles In Community Antitrust Cases
Authors: Jones Clifford A
Published: November 2023

Many European discussions of the potential for private antitrust damages litigation in the Community have discounted its likelihood on the grounds that US law offers treble damages under the Sherman Act, an inducement apparently not present under Community (or national) law. Some may therefore consider that the law of compensation in Europe is inadequate to make injured parties whole, or that plaintiffs will not engage in private antitrust litigation in the absence of a ‘bounty’ over and above actual injury. It is submitted that neither is the case, and the perception that treble damages are a necessity to induce antitrust victims to seek compensation is mistaken.
The Impact of the Competition Bill
Authors: Bloom Margaret
Published: November 2023

The Government has made reform of the UK ‘s outdated competition law a top priority. In August 1997, the President of the Board of Trade published proposals for a new legal framework and the Competition Bill was introduced into Parliament in October 1997. The Government ‘s intention is that the new law should come into effect in 1999.
Trends in .Financial Services and Influences on the Approach to Regulation
Authors: Coakley Jane
Published: November 2023

In these comments, I plan to consider three key industry trends and to identify the main regulatory responses. Within the broad canvas of the financial services industry1, my particular but not exclusive focus will be on developments in the securities business and the area of regulation which addresses the financial risks to which firms are exposed.
Membership, Activism, and the Labour Vote
Authors: Seyd Patrick , Whiteley Paul
Published: November 2023

Do party membership and political activism influence the Labour vote? This is a question which has intrigued academic political scientists as well as party managers and pollsters for many years. Recently there has been an increasing emphasis on the importance of centrally managed media campaigns in general elections. The focus is on prepared ‘sound bites’ and ‘photo opportunities’ for the party leaders, and ‘hot’ issues which can mobilize the voters. This image of the modern election campaign leaves very little room for the party member. Indeed in this view the individual member appears to have the role merely of a bystander, a supporting actor who will provide an appreciative audience in the set-piece election rallies whose chief purpose is to look good on TV.
Transforming Figures
Authors: Taylor Luke
Published: November 2023

This chapter examines a remarkable creative technique employed by Kunwinjku artists-paintings of figures shown with abnormal or changing shapes. Such figures may be visually confusing because they combine elements taken from a variety of different species. For example, some paintings show figures combining human, fish, and insect features, while others may show figures with crocodile, snake, and kangaroo features. Such paintings are interpreted by Kunwinjku as representations of the Ancestral beings and are distinguished from paintings of ‘ordinary’ animals.
Austria
Authors: Pelinka Anton
Published: November 2023

The Republic of Austria, founded in 1918 and reproclaimed a sovereign state in 1945, is a federal state. It consists of nine Länder (provinces) which share the legislative and executive powers with the central government. When one compares the jurisdictional domains of the two levels of government as established by the Constitution of r920 (which remains the legal foundation of the constitutional system in Austria), one observes a relatively high degree of centralization; that is, a significant preponderance of central, federal power vis-à-vis the provinces, in contrast to other federal systems in Western Europe, and, particularly, in the United States, Canada, and Australia.
Liberal Virtues
Authors: Macedo Stephen
Published: November 2023

Liberal democracy is often defended because it secures freedom, order, and prosperity. Without slighting these solid achievements, Liberal Virtues responds to those who worry that the theory and practice of free self-government neglect the importance of community and citizen virtues. Professor Macedo offers a critical interpretation and original defence of the great tradition of individual freedom associated with John Locke and the founders of the American republic. At the moral core of the theory and practice of the rule of law and liberal constitutionalism lies a commitment to public reasonableness: politics is an exercise in reason-giving and not the assertion of raw power. The author defends a theory of public justification, and explains how the legal and political institutions of liberal democracy embody a collective commitment to reasonableness. He concludes by considering the types of personality and society associated with life in a pluralistic, open, and tolerant liberal society.
The Institutions of Justification
Authors: Macedo Stephen
Published: November 2023

Communitarians often charge that liberal political theory is too abstract and universalistic to capture the distinctive traditions and common understandings of particular polities. Others contend that liberal individualism all too accurately captures the essence of American politics. John P. Diggins argues that the United States has lost the Calvinist soul that once ennobled our liberal or Lockian politics. Lacking a public morality, says Diggins, Americans have sunk in a morass of materialism: ‘The liberal legacy has troubled generations of American intellectuals. Individualism seemed to leave America without a sense of moral community and pluralism without a sense of national purpose. ‘George F. Will argues that self-interest has been the basis of American politics since the founding. The founders’ attempt to control political conflict by harnessing ‘opposite and rival interests’ leads, says Will, to a nation of individuals and interest groups given over to self-indulgence and acquisition. And so Will is, like MacIntyre, ‘concerned about the slow-motion barbarization from within’ of the American polity.
The Constitution of Liberalism
Authors: Macedo Stephen
Published: November 2023

Contemporary constitutional argument provides an example of a version of communitarianism that has succeeded in gaining a share of political power. We revisit the conservative communitarianism of the American New Right, discussed briefly in previous chapters, because it directly denies the constitutional relevance of public justification. Conservative communitarians claim the legacy of the founders and the authority of the Constitution for a vision of American public life radically at odds with the ideals of liberal community, a vision that provides a hint of what communitarian politics could look like in practice. In place of liberal commitments to principled interpretation, individual liberty, and public justification, the; New Right’s Constitution is informed by historical intentions, majority power, and moral scepticism.
The Traditional Unionist Interpretation
Authors: Whyte John , FitzGerald Garret
Published: November 2023

The traditional unionist interpretation can be summed up in two propositions: (1) there are two distinct peoples in Ireland, unionist and nationalist (or Protestant and Catholic); and (2) the core of the problem is the refusal of nationalists to recognize this fact, and to accord to unionists the same right of self-determination as they claim for themselves. Far from seeing Britain as the core of the problem, unionists tend to see the mainland British as unreliable allies who are too prone to give in to the nationalists.
Marxist Interpretations
Authors: Whyte John , FitzGerald Garret
Published: November 2023

Marxist analysis of the Irish problem goes back to Marx and Engels themselves, whose writings on Ireland were numerous enough to have been collected in book form (Marx and Engels 1971). However, the first writer to apply Marx’s ideas to Ireland systematically was James Connolly (1870-1916). Connolly’s works were still influential in the 1960s, when the troubles in Northern Ireland broke out. They were kept in print long after the writings of contemporaries who at the time had had a wider influence, like Arthur Griffith or D. P. Moran. I shall use the edition which was most easily accessible in the 1960s-the three-volume collection edited by Desmond Ryan, which was first published in 1948-51 and was later reprinted. In particular I shall use the second volume, entitled Socialism and Nationalism (Ryan 1948).
Qibya
Authors: Morris Benny
Published: November 2023

In the course of the early 1950s, as strife along the borders continued, two schools of thought emerged in Jerusalem about the proper response to Arab depredations. While the focus of debate between the two was usually the retaliatory policy in general and individual reprisal operations in particular, in more general terms the argument was over the way Israel should deal with the surrounding Arab world. Inevitably, there was also disagreement over relations with the West and the United Nations. Through the mid-1950s, the ‘Activists’ (or Bit’honistim (the security-minded ones)), led by Ben-Gurion (prime minister and defence minister from 1948 until the end of 1953, defence minister from February 1955 until 1963, and prime minister from November 1955 until 1963),
Introduction
Authors: Galipeau Claude J
Published: November 2023

Sir Isaiah Berlin is a British man of letters of Russian-Jewish origins. Born in Riga, Latvia, in 1909, his family emigrated to Britain in 1919, fleeing the Russian Revolution. He was brought up and educated in Britain, and has spent most of his professional life studying and lecturing at Oxford University, or at universities in America and Israel while on leave. To the international scholarly community he is best known as the author of ‘Two Concepts of Liberty’ (1958),1 yet his professional interests cover many fields in addition to moral and political philosophy: music and literary criticism, historiography, scholarship in the history of ideas, cultural interpretation, translation, teaching, university and arts administration, diplomacy, community work, and broadcasting.
Theoretical Introduction
Authors: Gell Alfred
Published: November 2023

The purpose of this book is to bring together the facts concerning tattooing in Polynesia and to offer an interpretation of them. To what extent, and in what ways, were the Polynesians tattooed, during the historical period for which documentation exists? What can we now recover of the cultural significance of this once widespread practice? The extant evidence which bears on these questions is in some respects quite full, because tattooing was a visible trait which tended to attract the attention of early observers of the customary practices of south sea islanders; yet often enough the evidence peters out just as we appear to be approaching the heart of the matter. In order to make the fullest possible use of the ethnographic material bearing specifically on tattooing it becomes necessary to range quite widely over the field of Polynesian studies. So there are many pages, among those to come, on which the word ‘tattooing’ fails to make an appearance. This digressive format is an unavoidable necessity, and in consequence this book takes the form, at least in part, of a general introduction to Polynesian culture and society, besides being a specialized treatment of one particular feature of these societies.
Justice as mutual advantage and justice as reciprocity
Authors: Barry Brian
Published: November 2023

‘Mere altruism, surprisingly enough, does not provide a common stand point from which everyone can reach the same conclusions &. Altruism by itself generates as many conflicting standpoints as there are conceptions of the good.’1 Drawn from a recent book by Thomas Nagel, this may be taken as a succinct summary of the conclusion arrived at by the end of the previous chapter. However, the conceptions of the good discussed by Nagel differ from those that I have given: his central example of a person acting on a conception of the good is that of somebody who ‘believes that by restricting freedom of worship he is saving innocent people from the risks of eternal damnation to which they are exposed by deviation from the true faith’2 Such a belief is, he suggests, a recipe for unresolvable conflict unless the issue can be shifted to a higher level.
Is impartial justice a fraud?
Authors: Barry Brian
Published: November 2023

So far I have argued that justice as impartiality offers a fair basis of agreement for people with divergent conceptions of the good. In this chapter, I shall take up a line of criticism of justice as impartiality according to which these pretensions are fraudulent. Although criticism of this kind is quite common, I believe that the most forceful and persuasive statement of the case is the one to be found in Alasdair Maclntyre’s book, Whose Justice? ‘Which Rationality? In order to advance my own exposition, I shall at several points take up issues that are not raised by MacIntyre himself but have been put forward by others—both friends and foes of justice as impartiality. Nevertheless, the framework of the chapter will be provided by Maclntyre’s allegation that justice as impartiality is in fact a ‘partisan’ account that embodies the distinctive assumptions of ‘liberal individualism’.
The idea of neutrality
Authors: Barry Brian
Published: November 2023

I have said that MacIntyre is right to claim that a certain kind of neutrality between conceptions of the good can be achieved on the basis of a conception of the good as want-satisfaction. Want-satisfaction is, I have suggested, a second-order conception of the good that can incorporate all other conceptions of the good in the guise of wants. At the same time, however, I wish to insist that there is another kind of neutrality, which is generated by justice as impartiality. In this chapter I shall argue that Maclntyre’s attempt to conflate justice as impartiality with a conception of the good as want-satisfaction can properly be resisted. But I shall also show how MacIntyre could have been misled into making this conflation. For there is an undeniable parallelism between the two which is worth bringing out.