bluuebunny/crossref_metadata_2025 huggingface dataset:
Deliberation
Authors: Westberg Daniel
Published: November 2023

Deliberation is perhaps the easiest of the different stages of action to grasp, as to its function; yet: its relationship to the rest of the process of action has not been well understood. This is partly due to a misunderstanding of the Ethica Nicomachea itself, because Aristotle takes pains to indicate the close link between deliberation and the rational nature of human action; and this is misleading if one goes on to deduce that deliberation is necessary for rational action. Further, if deliberation is rest1icted to a consideration only of means and not of ends, and prudence to excellence in deliberation, as is often done, then both Aristotle and Aquinas will be misunderstood on the scope of practical reason. For Aquinas, prudence is more a matter of wise judgement, and even more of right execution, than of good deliberation.
Law and Prudence
Authors: Westberg Daniel
Published: November 2023

There are many different reasons why Thomas has been misunderstood on the subject oflaw and ethics. This has something to do with the inherent difficulty of the subject, and the temptation to take parts of the Summa for the whole; but it has even more to do with developments in Western thought after Aquinas which have made proper understanding a problem.
Making and Remaking in the Ministry of the Church
Authors: Chadwick Henry
Published: November 2023

Recent discussions of the ordination of women to the priesthood and/ or the episcopate in some provinces of the Anglican communion have raised in particularly sharp form much wider issues of authority. In a body which understands itself to be part of the orthodox catholic tradition, and not to embody any breach of continuity with the Church built upon the foundation of the apostles and prophets, is it possible for unilateral decisions to be taken in indifference to other communions which, in Anglican eyes, unambiguously represent the same continuity of visible communion? Unilateral action has consequences not only for the internal coherence and interchangeability of ministry within the provinces of the Anglican communion but also for the progress of ecumenical dialogue and rapprochement between Canterbury and Rome or Constantinople and Moscow. The problem has a bearing, though in a different way, on conversations between Canterbury and Wittenberg.
Why Three? Some Further Reflections on the Origins of the Doctrine of the Trinity
Authors: Coakley Sarah
Published: November 2023

In a justly famous article, ‘Some Reflections on the Origins of the Doctrine of the Trinity’, Maurice Wiles sets out to foil attempts to give a rational defense to the doctrine of the Trinity based on religious (Christian) experience. His conclusion is that once the triadic baptismal formula became fixed, quite early in the church’s life, it exercised a strongly authoritative-but ultimately ‘arbitrary’-clamp on more properly critical reflection. Attempts in the modern period, then, to provide ex post facto justifications for the doctrine of the Trinity out of the church’s early experience are in Wiles’s view fatally flawed: we find in the ante-Nicene Fathers, he shows, neither any consistent allocation of different activities to the three ‘persons’, nor (the epistemological correlate of this) any distinctive set of experiences associated with each of the three. And indeed-for here Wiles produces his Cappadocian coup de grace to look for such would, from the perspective of achieved fourth-century ‘orthodoxy’, be intrinsically suspect. The homoousion principle should debar any such possibility, since only ‘internal relations’ distinguish the divine hypostases; in their experiential effects all arc found to work together co-operatively.
Interpretation and Reinterpretation in Religion
Authors: Hick John
Published: November 2023

Maurice Wiles has for a generation occupied both the Regus Chair of Divinity at Oxford and the position of Britain’s leading ‘liberal’ or-according to one’s relative vantage point-’radical’ theologian. He has dealt with central issues, being in the forefront of the Myth of God Incarnate debate, and of the current discussions of divine action, as well as touching upon most other aspects of Christian doctrine. His treatments of these topics have been so challenging because he has never concealed his meaning in learned obscurity. The meaning has been evident and has called cumulatively for a development of Christian theological understanding. Thus his work has been a continuous exercise in the interpretation and reinterpretation of the Christian message.
Reconstructing the Concept of God: De-reifying the Anthropomorphisms
Authors: Kaufman Gordon D
Published: November 2023

Maurice Wiles is at once a historical theologian and a constructive theologian. He understands-and he shows effectively in his work-how important it is for theological reflection today to maintain significant continuity with the traditions from which it has grown; and he understands equally well, and shows in his work, how important it is for contemporary theologians to feel free, indeed obligated, to reconstruct (sometimes drastically) traditional theological understandings, concepts, and points of view in face of the enormous problems confronted by Christian faith today. He is right on both counts, and I salute him for his theological achievements. I am pleased to offer Professor Wiles this essay dealing with one small aspect of the reconstructive task to which theologians must address themselves today, as a contribution to this volume honoring him and his work.
The Theologian as Advocate
Authors: Mcfague Sallie
Published: November 2023

Maurice Wiles writes in a deceptively simple sentence, one that underlies both the radical and the creative character of his own work: ‘We have no other starting-point than our ordinary experience of the world’ (Wiles 1974: 25). The ‘making’ and ‘remaking’ of Christian doctrine, which summarizes Wilcs’s lifelong concern, focuses on the dialectic between experience and change. It is the premiss of the present essay that ‘our ordinary experience of the world’ has changed profoundly during this century; hence, theology must change as well. I will be particularly concerned with the changed stance of the theologian; specifically, towards one of advocacy for the well-being of our planet.
Doctrinal Development: Searching for Criteria
Authors: Macquarrie John
Published: November 2023

When I was teaching theology in the United States in the 1960s I often felt bewildered by the sheer multiplicity of options that were competing for allegiance in the theological world of those days. As well as the mainstreams of opinion, new fashions had arisen, and one heard of the death of God, the secular city, black theology, and many other ‘new theologies’ that claimed to show the way forward. I had to wonder how one could judge among the competing claims.
The Supposedly Historical Basis of Theological Understanding
Authors: Pailin David A
Published: November 2023

Throughout his theological writings Maurice Wiles has acknowledged the historical basis of the Christian faith, investigated the history of its development, and sought to identify what can credibly be claimed about ‘acts’ of God in history, while in all three issues he has sought to take fully into account the proper nature of historical understanding and the results of historical criticism. In the first respect he states, for example, that ‘it is a fundamental feature of traditional Christian faith to see in its past history, and in the history of Jesus in particular, the determinative and distinctive element in that faith.... Christianity sees itself as rooted in history in a unique way’ (Wiles 1976a: 99). In a later essay, considering how the Bible is ‘an indispensable resource rather than a binding authority’ for theological reflection, he quotes John Barton’s remark that the Bible is, among other things, ‘the “primary evidence for the events that lie at the source of Christian faith’” (Wiles 1987a: 51-2). His interest in the second matter is manifest in his studies of the sources and factors involved in the ‘making’ and the ‘remaking’ of Christian doctrine (Wiles 1967, 1974) as well as in his later involvement in the debate about the so called ‘myth of God incarnate’ Wiles 1977, 1979) and (at the time of writing) his unfinished study of Arianism (for which Christ Church library provides him with an enviable resource of seventeenth- and eighteenth-century texts).
The Lordship of Christ in the Church and in the Christian Life
Authors: Way David
Published: November 2023

As was seen in Chapter 2, in the pre-I950 period Käsemann concentrated on the ecclesiological themes in Paul’s thought. These themes continue to be important to him in the post-I96o period, alongside the new themes of ‘apocalyptic’ and the centrality of the doctrine of justification. It now remains to be seen how these new themes are carried through in his understanding of Paul’s ecclesiology and ethics.
Financial Advice and Financial Products
Authors: McMeel Gerard , Virgo John
Published: November 2023

Timed so as to coincide with the Financial Services and Markets Act 2000 coming into force, which will markedly affect the regulatory regime, this book looks in detail at the extent to which financial advisors (whether institutional or independent) are liable to those whom they advise (and perhaps to others) for the accuracy and quality of their advice. In the wake of pension and endowment mortgage mis-selling, the Equitable Life case, and the continued concern about the role of commissions paid by the financial institutions to advisers when they sell a particular financial product, this work fills a very notable gap in the market.
Foundations
Authors: McMeel Gerard , Virgo John
Published: November 2023

In modern times some of the most significant purchases by the typical, middle-1.01 income citizen will be financial products. Such an individual may have a large pro portion of his or her wealth tied up in securities, life insurance, collective investment schemes and other contracts for the purpose of saving, investment, pension provision or the acquisition of real property. However, to date legal texts have focused on the supposedly paradigm instances of economic exchange, namely the sale of land and the sale of goods, with a resulting wealth of treatise writing on these time-honoured topics. Historically it may have been the case that the vast majority of a nation’s wealth was invested in tangible assets.
Historical Foundations and the Legacy of Pensions Mis-Selling
Authors: McMeel Gerard , Virgo John
Published: November 2023

From our perspective, on the threshold of the twenty-first century, the history of the law and regulation of the financial services industry in the United Kingdom may be infected by a false sense of inevitability. The story commences with little or no regulation of disparate businesses. Over time a degree of regulation, often self-regulation, of the insurance, banking and investment sectors emerge. At this stage there is a complex body of both primary and secondary legislation relating to the different sectors, together with other diverse species of norms. Numerous regulators occupy the scene. Eventually, the Financial Services and Markets Act 2000 (‘the Act’ or ‘the 2000 Act’) achieves a consolidation of the prior patchwork of regulatory statutes. However, the very idea of a cohesive financial services industry is a recent one. So, too, is the notion of a coherent body of financial services law and regulation.
The Financial Services Industry
Authors: McMeel Gerard , Virgo John
Published: November 2023

In this chapter we provide an overview of the sectors and institutions which com-3.01 prise the UK financial services industry. As a starting-point it is necessary to introduce some European law initiatives which underpin the main regulatory rules and which circumscribe the UK’s legislative freedom of action in this area of the economy. It is also desirable to reinforce the distinction between prudential and conduct of business regulation, and to consider the rise of financial conglomerates.
Negligence
Authors: McMeel Gerard , Virgo John
Published: November 2023

In perhaps the majority of cases the source of the duties of a financial adviser will arise from either or both the contractual regime and the statutory regime, including the Conduct of Business Sourcebook component of the FSA Handbook. However, there remain cases where the general principles of negligence have a role to play in establishing that the provider of advice or information is under a common law duty to take reasonable care and skill in respect of that activity. First, there is the question of duties to persons other than the immediate recipient of the information or advice. Secondly, there is the question whether persons other than financial advisers, and in particular, other than authorized persons under the Financial Services and Markets Act 2000 regime, may owe a duty to care at common law.
Financial Promotion
Authors: McMeel Gerard , Virgo John
Published: November 2023

One of the striking innovations of the new regime under the Financial Services and Markets Act 20001 is the introduction of a unified financial promotion regime. This supersedes prior discrete regimes operating respectively in the investment, banking, and general insurance sectors. In fact the Act itself says little about financial promotion. Section 21 imposes the main restrictions on financial promotion. Section 145 empowers the Financial Services Authority (‘FSA’) to make financial promotion rules. In effect the provisions of the Act create two separate financial promotion regimes.
Private Law Remedies
Authors: McMeel Gerard , Virgo John
Published: November 2023

Whether the cause of action relied upon is framed in contract, negligence or 16.01 breach of statutory duty it is well established ‘that, where any injury is to be compensated in damages, in setting the sum of money to be given for reparation you should as nearly as possible get at that sum of money that will put the party who ... has suffered, in the same position as he would have been in if he had not suffered the wrong for which he is now getting his compensation.’
Public Law Remedies
Authors: McMeel Gerard , Virgo John
Published: November 2023

Decisions of the Financial Services Authority (‘FSA’.), the FSCS manager and the Financial Services Ombudsman are amenable to challenge by way of judicial review.1 For a detailed consideration of the law and procedure relating to judicial review other works should be consulted. It is proposed here to do no more than bring out the basic principles relevant to this form of public law remedy as they bear on financial services.
Consumer Compensation: The Financial Services Compensation Scheme
Authors: McMeel Gerard , Virgo John
Published: November 2023

Part XV of the Financial Services and Markets Act 20001 requires the creation of 21.01 a compensation scheme for the financial services industry. The new Financial Services Compensation Scheme (‘FSCS’) is crucial to the statutory regulatory objective of consumer protection. The topic of ‘consumer compensation’ bears a potentially misleading name. As used by the Financial Services Authority (‘FSA’or ‘the Authority’) it does not extend to all claims for monetary redress following a grievance.
Injunctions and Restitution Orders
Authors: McMeel Gerard , Virgo John
Published: November 2023

Part XXV of the Act contains the powers able to be exercised by the FSA to apply for injunctions1 and restitution orders. In relation to injunctions, the [High] Court may on the application of the Authority or the Secretary of State make three types of order: an order restraining threatened contravention’s of ‘relevant requirements’, an order directing remedial action and an order restraining disposals of assets. The powers are exercisable in relation to ‘any person’. The threshold criteria for the making of the individual orders differs but in each case the power is connected to actual or threatened contraventions of ‘relevant requirements’. These are defined2 as ‘a requirement (i) which is imposed by or under this Act, (ii) which is imposed by or under any other Act and whose contravention constitutes an offence to which the Authority has power to prosecute under this Act’.
Financial Services and the Professions: Professional Firms
Authors: McMeel Gerard , Virgo John
Published: November 2023

A variety of professional firms offer investment advice and conduct investment business, which attracted an authorization requirement under the Financial Services Act 1986 and will similarly invoke the provisions of the Financial Services and Markets Act.1 We speak here principally of accountants, solicitors and actuaries. Under the 1986 Act, approximately 7,000 such professional firms were authorized for the conduct of investment business by virtue of membership of a self-regulating organization.2 The balance of the authorized professional firms relied upon membership of a recognized professional body.3 In deciding how such firms should be regulated under the Financial Services and Markets Act 2000 (‘FSMA’ or ‘the Act’) the Financial Services Authority (‘FSA’ or ‘the Authority’) recognized that many professional firms become involved in regulated activity otherwise than as part of mainstream investment business.
On the content of directives
Authors: Prechal Sacha
Published: November 2023

By stating that directives are binding as to the result to be achieved, Article 249(3) may suggest that they lay down in fairly general terms certain objectives which are to be accomplished. In particular the German version of the Treaty, which employs the term ‘Ziel ’ (objective),has given rise to considerable speculation as to its meaning and its implications for the content of a directive. For instance, it was suggested that a directive should restrict itself to a description of the essential elements of the measures proposed. However, today it is understood that the result to be achieved is determined by the content of the directive at issue. Similarly, as pointed out above, it is generally accepted that directives may go into detail.
Commercial Fraud
Authors: Ulph Janet , Tugendhat Sir Michael , Glister James
Published: November 2023

Theft, deception, bribery, rogue trading and money laundering present massive and apparently insuperable problems for governments worldwide. On a national and international scale, these types of activities may have social, economic and political repercussions. This new book is primarily concerned with the impact of these activities upon private individuals. The text analyses the position of the victim, the fraudster, recipients of property and accessories. The focus is upon the civil law aspects of fraud and the increasing significance of money laundering legislation and the law of human rights. The main theme of this book is an examination of the extent to which fraudulent activity triggers special rules which are exceptions to the general principles of civil law. There is the further question of the extent to which theft and fraud affect transactions which are interlinked. Policy issues are weighed in the balance, such as the protection of property rights against the need to ensure the free circulation of goods and the security of good faith purchase, and the demand for certainty in the law against the need to deter fraud.
Receipt Based Liability Of Third Parties
Authors: Ulph Janet , Tugendhat Sir Michael , Glister James
Published: November 2023

This chapter concentrates upon liability where the defendant has received property belonging to another and has treated it as his own. The question of liability of accessories who have assisted in a fraud but who have not received any property beneficially is considered in the following chapter. The primary focus of this chapter is upon the personal liability of a defendant who receives property which belongs to another either at law or in equity.
Overview
Authors: Moore Michal S
Published: November 2023

In this overview I shall do three things by way of introducing the essays that follow: I shall summarize each of the essays, then give the response of those criticized, and then give my rejoinders to such responses. The first part of the volume is on legal positivism, and the first two chapters of that part are on the central figure of that movement in this century, H. LA. Hart. The first essay, Chapter 2, is largely biographical and expository, summarizing Hart’s professional life and his major works. This was written as an introduction to a reprinted, American edition of The Concept of Law and thus was not intended to be a critique of Hart’s work Nonetheless, two critical remarks are ventured, the first having to do with Hart’s ordinary language-based rejection of more metaphysical approaches to jurisprudence, and the second having to do with Hart’s steadfast refusal to acknowledge that officials within a regime must at least believe that the master rule for that regime (what Hart called a ‘rule of recognition’) was just for there to be a legal regime in place. Upon publication of the essay, Hart wrote to thank me for what he regarded as the ‘careful and insightful presentation of my views’ as well as to express, with characteristic modesty, ‘doubts as to whether I deserve all that praise’.1
Introduction to The Concept of Law
Authors: Moore Michal S
Published: November 2023

In March of 1984 a number of well-known legal philosophers met in Jerusalem. The purpose of the meeting was to honour Herbert Hart in the way most fitting to his own status as the world’s pre-eminent legal philosopher: to present papers pursuing the questions he had made central to legal philosophy.2 At the end of the conference, in the encomium to Hart personally, we unanimously agreed that Hart had made the field of legal philosophy what it is today, a challenging, interesting, politically relevant field in which to work.2 In that sense Hart had made a personal gift to each legal philosopher working today.
Authority, Law, and Razian Reasons
Authors: Moore Michal S
Published: November 2023

No chapter could summarize, let alone do justice to, the work of Joseph Raz taken as a whole. The corpus of Raz’s work is simply too diverse in its subject matters, too rich in its insight, and too finely wrought in its detailed analyses for a comprehensive survey. Instead, I shall focus on one pre-supposition central to Raz’s celebrated theories of authority and of law.1 This presupposition has to do with the nature of practical rationality, and more specifically, with the kinds of reasons for action that authoritative legal norms give to rational actors. Raz presupposes that morality gives us ‘exclusionary reasons’ for acting under an authoritative norm. ‘Exclusionary reasons’ are second-order in that they give us reasons to discount other reasons in assessing an action’s rightness.
Aims, objectives, and principles of the common agricultural policy
Authors: Usher J A
Published: November 2023

Article 33 of the EC Treaty sets out five express objectives of the common agricultural policy and three further matters of which account should be taken. The five express objectives are: to increase agricultural productivity by promoting technical progress and by ensuring the rational development of agricultural production and the optimum utilization of the factors of production, in particular labour; to ensure a fair standard of living for the agricultural community, in particular by increasing the individual earnings of persons engaged in agriculture; to stabilize markets; to ensure the availability of supplies; and to ensure that supplies reach consumers at reasonable prices.
Agricultural support: common organizations of agricultural markets
Authors: Usher J A
Published: November 2023

In practice it is the third of these that has usually been employed. The common organization may in particular include regulation of prices, aids for the production and marketing of the various products, storage and carry-over arrangements, and common machinery for stabilizing imports or exports.
Fisheries
Authors: Usher J A
Published: November 2023

By its very nature, fisheries legislation gives rise to problems not encountered in land-based agriculture, requiring not only the organization of a market in goods but also the conservation of natural resources and the resolution of questions of territorial competence and of external relations. Hence the Community’s common fisheries policy can only be regarded as having been completed on the adoption of EC Council Regulation 170/83 establishing a Community system for the conservation and management of fishery resources.
Common organizations of the market: legal consequences
Authors: Usher J A
Published: November 2023

The situations where common organizations themselves confer powers on national authorities or require action on the part of national authorities will be considered in the context of the administration of the common agricultural policy. Greater legal problems have, however, been raised in determining the extent to which national authorities retain the power to act in their own right in relation to products governed by common organizations. Here, two different approaches may be detected in the case law of the Court of Justice. On one view, the existence of a common organization precludes unilateral national legislation within its scope. On the other view, unilateral national legislation may be permitted provided it is not incompatible with the rules of the common organization. The development of these views may be illustrated in relation to certain specific aspects of common organizations.
Claims for Contribution and Reimbursement in an International Context
Authors: Takahashi Koji
Published: November 2023

This book systematically examines claims for contribution and reimbursement in an international context. As such claims are often made in third party proceedings, particularly detailed analyses are given to the conflict-of-laws dimensions of third party procedure. The issues considered include: * Which courts have jurisdiction over a contribution claim? * What choice-of-law rules apply where contribution is sought under the English Civil Liability (Contribution) Act 1978 or by way of subrogation? * What procedural requirements and jurisdictional requirements have to be satisfied to bring a contribution claim in third party proceedings? * Can a contribution claim be brought in third party proceedings if there is an arbitration agreement or a foreign jurisdiction agreement between the defendant and the third party? * Is it possible to obtain an antisuit injunction to restrain foreign proceedings corresponding to the domestic proceedings which form part of third party procedure? * Where the party to two adjacent contracts in a chain transaction has an expectation that his liability under one contract will be covered back-to-back by his right of reimbursement under the other contract, to what extent is it possible to argue that the reimbursement claim is governed by the same law as the governing law of the original claim so as to ensure the correspondence of liability and the right of reimbursement? In addressing these issues, the lawyers must be able to unravel the complexity of the situation from which the claim for contribution or reimbursement arises - the complexity created by the involvement of at least three parties (the original claimant, the contribution claimant and the respondent to the contribution claim) and exacerbated by the international elements which may embrace multiple jurisdictions and legal systems. This book provides a valuable guide to this complex area for practitioners advising clients who wish to bring, or are being threatened with, a claim for contribution or reimbursement in an international context. Its scholarly approach will also stimulate academic interest.
Jurisdictional Issues Pertaining to Claims for Contribution
Authors: Takahashi Koji
Published: November 2023

This chapter will consider jurisdictional issues pertaining to contribution claims on various legal bases. The jurisdictional grounds in the Brussels and Lugano Conventions, those of the traditional jurisdictional rules and the special rules on jurisdiction in the CMR2 and the CIM3 concerning a contribution claim between carriers will be examined in turn.
The conclusive effect against the defendant to a contribution action of the decisions made in the foreign original action
Authors: Takahashi Koji
Published: November 2023

As seen in Chapter 4, if a contribution claim has to be tried independently of the original claim, there is a risk that issues such as the existence and quantum of the contribution claimant’s liability to the original claimant will be determined inconsistently in the trial of the two claims, which may obstruct recovery on the contribution claim. One way of avoiding an independent trial is to give the decisions made in the action for the original claim conclusive effect against the defendant to a subsequent contribution action.
The Frankish Kingdoms and the Carolingians, 600–1000
Authors: Morris Colin
Published: November 2023

Early in the seventh century, Byzantine Jerusalem came to an end. Its death began with the Persian conquest of the eastern provinces of the Christian Empire. Jerusalem itself was besieged, and fell about 5 May 614. The immediate impact upon the city was devastating: contemporaries recorded large numbers of casualties in the massacre, and many inhabitants were taken away as captives. The wood of the cross was captured and removed to Persia. Strategios’ Fall of Jerusalem makes it clear that much damage was done to the churches there, including the church of the Holy Sepulchre, and contemporaries blamed the Jews for encouraging the Persians in their work of destruction.
Towards the First Crusade
Authors: Morris Colin
Published: November 2023

At the end of September 1009, Caliph al-Hakim of Egypt ordered the destruction of the church of the Holy Sepulchre. It is said that he was aggrieved by the scale of the Easter pilgrimage to Jerusalem, which was caused specially by the annual miracle of the holy fire within the Sepulchre. The measures against the church were part of a more general campaign against Christian places of worship in Palestine and Egypt, which involved a great deal of other damage: Adhemar of Chabannes recorded that the church of St George at Lydda ‘with many other churches of the saints’ had been attacked, and the ‘basilica of the Lord’s Sepulchre destroyed down to the ground’.
Failure and Endeavour, 1187–1291
Authors: Morris Colin
Published: November 2023

The later twelfth century was the period when the struggle between two visions of Jerusalem, the Muslim and the Christian, came to be fully defined. Within Islam, as within Christianity, there had been periods of indifference to the fate of the city, but the career of Saladin, his recovery of Jerusalem, and his defence of it against the Third Crusade was supremely the time when it was identified, on both sides, as the Holy City. For Christians, this had become a favoured description: for Muslims, al-Quds, the holy, was used (and still is used) as its proper name.
Sepulchres and Calvaries, 1291–1530
Authors: Morris Colin
Published: November 2023

‘There was a priest who preached the passion on Good Friday, so that many people wept. The foolish priest wanted to comfort them and said, “don’t weep, dear child! It is now a good 1500 years since it happened . . . and it is a long way from Jerusalem to here.” ‘ He was not the only priest to think that these were distant events in a distant place. Another was surprised at Margery Kempe’s weeping before a statue of the dead Christ: ‘Jhesu is ded long sithyn.’ Her reply was that his death was fresh to her. In this respect Margery was representative of late medieval spirituality, where the aim was ‘to be the perfect imitator of Christ in intense sufferings, since it is more perfect to imitate Christ in sufferings than in actions’.
‘For next to God, you are my salvation’: reflections on the rise of the holy man in late antiquity
Authors: Rapp Claudia
Published: November 2023

This article is an experiment. It aims to propose a new view of holy men in late antiquity and their literary descriptions in the sources. ‘Hagiography’ is not a genre, I shall propose. The predominant attention to saints’ Lives and other literary works written after their death has coloured our understanding of the role of the holy man within his social context. A new explanation of the function of the holy man can be achieved by the study of non-literary documents produced during their lifetime. I will examine the letters addressed to or written by holy men in the fourth and sixth centuries which reveal them in the roles of intercessor and spiritual father of a prayer community. In conclusion, I shall argue that the relation between spiritual leaders and their followers spills over to the textual level in the preference given to specific forms of hagiographical writing.
Holy men and the transformation of political space in medieval Rus’
Authors: Hollingsworth Paul A
Published: November 2023

Political power in medieval Rus’ was intensely intimate and contingent. It relied on the constant creation and cultivation of an extensive network of personal relationships through which wealth, social standing, and political authority could be acquired and sustained. This was true for the Scandinavian warlords who moved along the waterways between the Baltic, Black, and Caspian Seas in the ninth and tenth centuries and established themselves among the native, mainly East Slavic tribes. It was no less true for their Slavicized descendants of the eleventh and twelfth centuries, especially the proliferating descendants of Volodimer I of Kiev (c. 980-1015), who had established his family as the princely dynasty of Rus’. Although standard histories of medieval Rus’ focus on the formation of governing institutions and bureaucracies in the East Slavic principalities that arose in the pre-Mongol period, as Simon Franklin and Jonathan Shepard recently pointed out in an important and much-needed corrective to the traditional misleading emphasis on ‘state building’, rulership was in fact dependent on a series of interlocking ties between princes, retainers, and townsmen that required continual calculation, brokerage, affirmation, and management.
The holy man and Christianization from the apocryphal apostles to St Stephen of Perm
Authors: Price Richard M
Published: November 2023

Peter Brown’s article on ‘The Rise and Function of the Holy Man in Late Antiquity’, first published in 1971, immediately added a new dimension to the study of the ascetic movements within the Christian Empire, by drawing attention to the ways in which holy men could contribute to the easing of social relations, as well as of the anxieties of individuals, in a time of rapid economic and political change. One change that the holy man could certainly assist was the process of Christianization. This essay will explore the ways in which the holy man, as represented in the Lives of the saints, could make a distinctive contribution to this process. I shall use a wide range of hagiographical narratives, which will extend in time from the apocryphal Acts of the late second century, through the hagiographical literature generated by the monastic movement, to texts from the late medieval period, and in location from Egypt to Ireland, and from the Loire to beyond the Volga. The texts vary enormously in their historicity, extending from the reliable to the wholly fictitious. I hope to show how this literature, despite its huge range, shows striking continuity in ideology and narrative motifs, and how texts from widely different times and countries can be mutually illuminating.
The Cult of Thecla at Seleucia in Asia Minor
Authors: Davis Stephen J
Published: November 2023

At the end of the ATh, Thecla’s final resting place is identified as Seleucia (modern day Silifke, Turkey), a town near the south- ern coast of Asia Minor, about 100 km south-east of Iconium and 50 km south-west of Tarsus (see map of Asia Minor, Fig. 1).
The Spread of Thecla Devotion Outside Alexandria and its Environs
Authors: Davis Stephen J
Published: November 2023

Egypt consists of several regions each with distinct geographical and cultural characteristics: Alexandria and the Mediterranean coast, the Nile Delta, the Nile Valley, the Fayûm (a large, cultiv-ated oasis close to the Nile south-west of the Delta), the more remote oases of the Western Desert, and so forth. As I have shown in Chapters and , Alexandria and its environs along the Mediterranean coast were a centre for Thecla devotion in late antique Egypt. In this region, reverence for the female saint thrived in the religious practices of women’s monasticism and pilgrimage. A letter written by Isidore of Pelusium to Alexandrian female monks shows that the Thecla cult was also active elsewhere in the Nile Delta. However, Egyptian devotion to Saint Thecla was by no means limited to Alexandria and the Delta.
Constitutionalism, Regulation and Review
Authors: Craig Paul
Published: November 2023

This chapter examines certain legal doctrines which are of central importance for the nature of our constitutional ordering. There is a wealth of relevant material and limits of space have meant that choices have had to be made. The ensuing discussion focuses on three issues which are undoubtedly of significance to the book’s overall enterprise: supremacy, rights, and review. Domestic law, European Community (EC) law and the law relating to the European Convention on Human Rights (ECHR) are considered within each section. The conclusions are based on the cumulative impact of the norms derived from these systems.
Machinery of Government: Whitehall
Authors: Hazell Robert , Morris Bob
Published: November 2023

So far the political energy and focus of the new Labour Government has gone into designing new institutions, and in particular the new assemblies in Scotland, Wales and Northern Ireland. But as the devolution settlement beds down, and other parts of the constitutional reform programme fall into place, the focus will shift back to the centre, and how the centre needs to be reengineered to underpin the new arrangements. This chapter examines the restructuring which will be required in Whitehall.
Citizenship and National Identity
Authors: Dummett Ann
Published: November 2023

In most countries, the concept of citizenship can be clearly explained by reference to a written constitution and subsequent legislation. The former will say what a citizen’s rights and duties are; the latter will draw a line between citizens and non-citizens. In the United Kingdom we have no such clarity.
Article 31 (Formerly Article 37) Of The Ec Treaty And State Monopolies Of A Commercial Character
Authors: Buendia Sierra Jose Luis , Read Andrew
Published: November 2023

Member States shall adjust any State monopolies of a commercial character so as to ensure that no discrimination regarding the conditions under which goods are procured and marketed exists between nationals of Member States. The provision of this Article shall apply to any body through which a Member State, in law or in fact, either directly or indirectly supervises, determines or appreciably influences imports or exports between Member States. These provisions shall likewise apply to monopolies delegated by the State to others.
Lecture One-The Common Law and Statute
Authors: Gummow W M C
Published: November 2023

The interaction between statute and case law is a matter of some complexity and gives rise to diverse issues. Those considered in this lecture include time and statute, the analogical use of statute in the development of the common law, the doctrine of the equity of the statute, the search for legislative intention, interpretation by the executive branch of government, and the action for breach of statutory duty, particularly duties imposed by a written constitution.
Changing Course: Politics and Policy-Making, 1997-8
Authors: Windlesham Lord
Published: November 2023

An integral part of the refashioning of the Labour Party during the latter stages of its long years in the political wilderness from 1979 to 1997 was a radical change in approach to criminal policy. Antipathy towards the police and a tendency to explain away offending behaviour in terms of social, economic, or environmental disadvantage were seen by the modernisers as being increasingly out of step with the public demand for greater protection from the consequences of criminal acts.
Community Penalties: Enforcement and Structural Change
Authors: Windlesham Lord
Published: November 2023

No better example can be found in the Parliament elected in 1997 of the interaction between the Government’s promotional and managerial imperatives than its policies towards community penalties. Ministers became convinced that the public perception of non-custodial penalties for persons convicted of less serious criminal offences was generally one of undue lenience. As the enforcement agency, the Probation Service was seen as being oriented more towards rehabilitating offenders in the community than towards ensuring punishment for their misdeeds and protecting potential victims from further offending. Enforcement, especially in the context of returning offenders to court for breaching the terms of their orders, was criticized as being deficient: characteristically too reluctant and too slow, with wide variations in different parts of the country.
Of Green Tulips And Legal Kudzu: Repackaging Rights In Subpatentable Innovation
Authors: Reichman* Jerome h.
Published: November 2023

How to enable entrepreneurs to appropriate the fruits of their investments in cumulative and sequential innovation without impeding follow-on innova tion and without creating barriers to entry has become one of the great unsolved puzzles that the law and economics of intellectual property rights needs to address as the new millennium gets underway.1 This chapter draws briefly from my earlier works to identify some of the key historical difficulties encountered in protecting.
Institutions For Intellectual Property Transactions: The Case Of Patent Pools
Authors: Merges* Robert p.
Published: November 2023

In this Chapter I hope to accomplish three things: briefly summarize trends in the economic theory of intellectual property rights (IPRs); describe some ideas ofmy own on the emergence ofIPR exchange institutions, and describe how an emphasis on institutions fits into existing theory; and ground these issues in a discussion of collective IPR licensing, in particular, patent pools. I begin with a discussion of how transactions have crept into intellectual prop erty theory, and then turn to an examination of actual institutions that have evolved out of the need for various industries to conduct a large volume of IPR transactions.
Custodian’s Duties
Authors: Austen-Peters A O
Published: November 2023

Duties owed by custodians to investors form part of the package of rights that investors with assets in custody enjoy.1 An analysis of these duties provides investors with a better idea of what their package of rights consists of This analysis serves two further purposes. It confirms what is expected of a custodian, including the degree of care and skill that should be brought to bear. Further, in case of dispute between custodian and investor, the question of whether a duty has been breached may serve as a basis for investors obtaining a remedy for loss suffered.
Introduction
Authors: Lewis Richard
Published: November 2023

Where schemes for compensating injury operate alongside one another there are important policy decisions to be made concerning their inter-relationship. Are they to take account of the existence of other schemes and, if so, to what extent? Should compensation from one be reduced to allow for payments from the other? These questions can be posed in a variety of contexts. Within particular regimes, for example, they are the concern of the overlapping benefit regulations in social security law and the rules relating to indemnity and contribution in private insurance law. However, the focus of this book is upon personal injury litigation.
Private Insurance Arranged by the Claimant
Authors: Lewis Richard
Published: November 2023

It has been clear since the seminal case of Bradburn v Great Western Railway  1 in 1874 that a claimant’s insurance is not available to a tortfeasor to relieve his liability. The damages must be paid in full. Although a tortfeasor therefore gains no benefit from the existence of insurance, the extent that an insured person is able to benefit from it when also receiving damages depends upon whether he has suffered injury to his person or his property:
Benefits Related to the Costs of Care
Authors: Lewis Richard
Published: November 2023

In this chapter we are concerned with the compensating benefits which may be taken into account to reduce the damages which an injured person may claim for the costs of care. This chapter differs from the preceding ones in this part of the book because it does not deal with benefits in the form of money directly paid to a claimant. Instead, it is concerned with the savings which may result either from the injured person receiving care free of charge, or from paying for a comprehensive care package which saves on the living expenses which the claimant would otherwise have had to meet. These compensating benefits, therefore, include the gratuitous care and nursing provided by family and friends at home, and the care provided in a hospital, nursing home or other institution, when board and lodging is then also supplied.
Scotland
Authors: Lewis Richard
Published: November 2023

The law in Scotland differs in several important respects from that in England and Wales. Following two reports from the Scottish Law Commission, the law was codified by the Administration of Justice Act 1982. In particular, s 10 states:

Subject to any agreement to the contrary, in assessing the amount of damages payable to the injured person in respect of personal injuries there shall not be taken into account so as to reduce that amount.
History and Importance
Authors: Lewis Richard
Published: November 2023

Although only a small part of public expenditure upon welfare is paid to accident victims, the amount greatly exceeds the total damages paid by the tort system. Tort is very much the junior partner of the social security system. Seven times as many accident victims receive social security payments as opposed to tort damages for their injuries, and the total benefit received by them is double the sum of all damages awarded. Tort becomes even less significant if its importance is assessed not in relation to accident victims alone, but in relation to the ten times larger group of people who are disabled from all causes, these predominantly being illness and disease. For a variety of reasons this group is much less able to claim in tort than accident victims, and common law damages plays an even more limited role in their compensation.
The Present Scheme: Deduction and State Recovery of Equivalent Benefits
Authors: Lewis Richard
Published: November 2023

In brief, the scheme of benefit recovery requires the compensator to reimburse the state for the full amount of certain social security benefits received by the claimant as a result of the accident, injury or disease.
Forms and Procedures: The Operation of the Scheme in Practice
Authors: Lewis Richard
Published: November 2023

The DSS has issued a booklet giving basic guidance to companies and solicitors about the operation of the recovery scheme. This chapter expands upon the procedures described in that booklet, and considers the practical consequences for litigators. Overall, a general foundation is established for the succeeding chapters.