bluuebunny/crossref_metadata_2025 huggingface dataset:
The Date of the Oration of Tatian
Authors: Clarke G. W.
Published: June 2019

It is some years since Professor R. M. Grant published in this review an article on the above topic [46(1953), 99ff.]. In it he advanced an attractively neat and confident case for solving the long-debated question of the dating of Tatian's Oration. It was written, he concludes, “after the year 176, perhaps in 177 or 178,” and this conclusion he draws from straightforward internal evidence: Or. 23.2 alludes to events of 172/3, 19.1 to those of 176, and 6.2 probably to those of 177. The purpose of this note is plainly negative; it is merely to introduce a note of hesitant scepticism into Professor Grant's confident claim.
Some Reflections on the Actuarial Contribution to Investment Thought
Authors: Day J. G.
Published: June 2019

This paper is concerned with our relationship to the outside world; for by doing all our own teaching and examining we tend to live in a world of our own. It asks what have been and what should be our contributions to investment thought; and where are our teachings different or our views insular.
Social Security and Occupational Pension Schemes
Authors: Lyon C. S. S.
Published: June 2019

Since the idea of a wage-related national pension scheme was first launched in tangible form by the publication in 1957 of the Labour Party's ‘National Superannuation’ plan there has been a state of uneasy coexistence between national and occupational pension schemes in the United Kingdom. Social security systems providing not merely basic flat-rate benefits, but also benefits related to earnings, had been in existence for some years in other European countries, but it was not until the National Insurance Act, 1959 took effect in April 1961 that a national graduated pension scheme became a reality in the United Kingdom. Established at a modest level and designed primarily as a means of raising revenue to meet the rising outgo on flat-rate benefits, this graduated scheme has never seemed likely to endure in its original form. Nevertheless the National Insurance Act, 1966 has grafted on to it a scheme to provide short-term graduated sickness, unemployment and widows' benefits.
Reply to Philippe C. Schmitter’s “Further Notes on Operationalizing Some Variables Related to Regional Integration”
Authors: Barrera Mario
Published: June 2019

In his recent research note Philippe Schmitter calls attention to what he feels are drawbacks in some operational measures of regional integration that Ernst B. Haas and I had proposed earlier and proposes some alternatives. I would like to comment briefly on two of his measures.
The Place of the Constitution in the Modern State
Authors: Akzin Benjamin
Published: June 2019

Ever since the American and the French revolutions, it was taken for granted that a written, formal, Constitution was essential to the functioning of a modern State. Old-established States, as they moved toward modernization or away from absolutism, hurried to provide themselves with Constitutions. New States enacted Constitutions as a matter of course, as one of the first acts of a newly-found sovereignty, often copying them from available models and without pausing to consider to what extent the provisions copied would suit the particular characteristics and goals of their respective societies. The well-known process of “reception” of laws was followed by a similar trend to “receive” Constitutions. To have a formal Constitution well-nigh became a universal fashion, a symbol of modernism. In the aftermath of the First World War, only two groups of fully independent States remained without Constitutions. One of them comprised countries still in their pre-modern stage, in respect both of their political and of their general social set-up, and without pretensions to modernity: Afghanistan, Ethiopia (then Abyssinia), Saudi Arabia, Thailand (then Siam), Yemen; since then, each of these, bent on modernization, provided itself with some kind of constitutional chart. The other group consisted of the one and only Great Britain, looked upon by everybody as a case apart.
The Relation between Criminal and Social Justice
Authors: Bazelon David L.
Published: June 2019

Crime has become a major focus of public attention in the United States. Not white collar crime like embezzlement or tax fraud, nor crimes of passion, nor even the organized crime of professional gangsters. The public is gripped by newspaper accounts of crimes which endanger the physical safety of the population: robbery, housebreaking, assault, rape, and murder. Preoccupation with crime pervades every level of discussion; indeed, when Senator Goldwater made “crime in the streets” a major issue in his ill-fated campaign for the Presidency in 1964, he touched upon a nerve that is very raw in many Americans. Today, Truman Capote's In Cold Blood, a remarkable account of an apparently senseless robbery and murder, is storming the best-seller lists in our book stores.

After my sixteen years on the bench, it seems to me that it is usually not difficult to identify the class from which perpetrators of urban crimes of violence come. Almost all of the persons accused of this category of crime come from the bottom of society's barrel. They are the ignorant, the ill-educated, the unemployed, and often the unemployable. In a society which prides itself on opportunity and wealth, they have been brought up in terrible poverty. Few of them have had the advantage of what we call a moral upbringing. Because they lack education and skills, they are virtually excluded from the advantages of our economic and cultural life. Many of them are subjected to the grinding humiliation of racial discrimination. In the big cities, they no longer share the roots and traditions which may make rural poverty bearable. On every side, society holds out promises which, for them, are never kept; symbols of success which, for them, cannot be obtained.
Reflections on The Trial and Death of Jesus
Authors: Cohn Haim H.
Published: June 2019

Of the sixty-thousand books said to have been written on the life of Jesus in the last century alone, only a very few were enquiries by lawyers or legal historians into the nature and circumstances of the trial, in which his life culminated and which led to his death. This is surprising, considering that no trial in the history of mankind was of such momentous consequences, that none has ever given rise to such widespread, authoritative and persistent assertions that a grave miscarriage of justice had occurred and that none has had repercussions which have retained their impact and actuality even after the lapse of 1,936 years; It is true that, in their researches, great historians and theologians have made ample use of the legal background material they have painstakingly and (mostly) conscientiously collected from Jewish and Roman sources, and every lawyer approaching the subject today owes them a great debt of gratitude for their preparatory work. But both their approach and their purpose were historical or theological, whereas we as lawyers are not concerned with the historical or theological truth of any statement or description contained in the Gospels. Our purpose is to try and find, within the framework of the prevailing legal institutions and conceptions, some plausible interpretation of the events as to the occurrence of which there is general consensus.
The Impact of the New States on International Law
Authors: Green L. C.
Published: June 2019

There has been a growing tendency since the establishment of the United Nations in 1945 to differentiate general international law from the law of international organization. If one were to accept this bifurcation it would be necessary to deal with the impact of new States under two distinct rubrics. For the purpose of this paper it is more convenient to make no such distinction, but to deal with the effects of the creation of more than fifty new States since the end of the Second World War on international legal relations at large.

One of the paradoxes of international law is that its binding authority rests to a great extent upon the consent of those it purports to bind. This consensual basis of international law finds expression in the judgment of the World Court in theS. S. Lotus:

“The rules of law binding upon States emanate from their own free will as expressed in conventions or by usages generally accepted as expressing principles of law and established in order to regulate the relations between these co-existing independent communities or with a view to the achievement of common aims.”
Israel's Acceptance of the Compulsory Jurisdiction of the International Court of Justice
Authors: Meron Thedor
Published: June 2019

The object of this paper is to examine the obligations assumed by Israel, by virtue of its acceptance of the compulsory jurisdiction of the International Court of Justice (hereinafter: “the Court”), in accordance with Article 36, paragraph 2, of the Court's Statute, which reads as follows:

“The states parties to the present Statute may at any time declare that they recognize as compulsory ipso facto and without special agreement, in relation to any other state accepting the same obligation, the jurisdiction of the Court in all legal disputes concerning:

(a) the interpretation of a treaty;

(b) any question of international law;

(c) the existence of any fact which, if established, would constitute a breach of an international obligation;

(d) the nature or extent of the reparation to be made for the breach of an international obligation.”

An attempt will be made to compare Israel's declaration of acceptance of the compulsory jurisdiction with the declarations of other countries, and to analyse the reasons underlying Israel's particular declaration. The paper will not purport to consider the many problems concerned with the Court's compulsory jurisdiction. These problems, and the considerable jurisprudence of the Court dealing with them, are well known to students of international law. Indeed, probably no other aspect of the Court's jurisdiction has been the object of such rich legal literature, some of it quite recent.
Is Age a Matter of Status?
Authors: Shaki A.H.
Published: June 2019

The theoretical difficulty behind questions arising out of age would appear to be the inherent lack of clarity in defining the legal nature of the concept in general, that is, what “age” is from a legal point of view and how it can be categorized for various juridical purposes.

Investigation suggests a distinct traditional tendency both among writers and judges to regard the determination of age, for whatever purpose, as a matter of status, and this despite the fact that “status” itself is not clearly defined or sufficiently described by those who employ the term. Thus, for example, Wolff defines it as “the legal category to which a person belongs owing either to his natural condition…or to his legal condition”, and enumerates age, along with unsoundness of mind, as an example of status arising from a person's natural condition. Likewise, Arminjon features age, along with marriage, celibacy and other well-known instances of status, as a matter concerning “l'état des personnes”, while defining status as “l'ensemble des qualités et des rapports de droit qui constituent la condition juridique d'une personne, qui lui marquent sa place et tracent le rôle qu'elle joue dans la famille et dans a société”.
Jewish Law and Modern Medicine
Authors: Elon Menachem
Published: June 2019

Before discussing some problems of the Halachah and modern medicine, I must spend a little time on the halachic view of the nature of the physician's responsibility and the authority he possesses in applying his knowledge and training.

The school of Rabbi Ishmael, to whom an important and entire system of exegetical rules for expounding the Torah is attributed, regarded the passage in Exodus xxi, 19, “and shall cause him to be thoroughly healed”, as the source of the physician's authority to practice his healing craft. These words were construed literally, in denial of the fatalism found in various religions and philosophies of those and later times, and which asked: “how can man presume to try to heal and, so to speak, to interfere with divine decree when the hand of Providence strikes?” Rabbi Ishmael's comment is especially significant since he was not merely an outstanding halachic sage but also a physician engaged in the practice of medicine.
The Security Council in the May 1967 Crisis: A Study in Frustration
Authors: Lapidoth Ruth
Published: June 2019

Members of the United Nations have conferred upon the Security Council “primary responsibility for the maintenance of international peace and security” and have agreed “that in carrying out its duties under this responsibility the Security Council acts on their behalf” (article 24 of the U.N. Charter). The question may be asked whether the Security Council lived up to this responsibility during the May 1967 crisis in the Middle East which preceded the Six Day War. Did the Security Council do everything in its power to avoid the clash, and what were the reasons for its failure to avert the crisis?

In order to be able to evaluate the Council's stand, it will be necessary to recall summarily the developments which led up to the hostilities of June 1967, as well as the Security Council's powers under the Charter of the U.N.
Some Aspects of the Concept of Contract
Authors: Tedeschi G.
Published: June 2019

Until a few decades ago the opinion prevailed in England and in the United States, as also in continental Europe, that a contract is an agreement, although certain additional requirements were necessary to distinguish contract from other classes of agreement (see infra, para. 6). More recently, however, many leading American and English scholars have tended to substitute “promise” (or “aggregate of promises”) for “agreement”.

What characterizes the new view is not the mere use of the term “promise”: such use was widespread before and still continues among opponents of this view, and it is hard to deny that an obligatory contract is a promise or an aggregate of promises. The followers of the new view are distinguished by the fact that they prefer to define contract solely in terms of promise and sometimes even go so far as to reject agreement as an element of contract.
The Treatment of Mentally-Sick Offenders: A Comparative Analysis of Israel Law, Part I
Authors: Levy Yuval
Published: June 2019

Four fundamental and inter-related points must be borne in mind when discussing existing or prospective legislation on the treatment of mentally-sick offenders:

First, the basic misconception in regard to the true nature of the issue of criminal insanity; secondly, the long-standing conflict between the legal and medical professions in regard to this issue, and the need to shift the centre of the conflict from the substantive to the procedural levels where considerable progress towards close cooperation has already taken place; thirdly, the inter-relationship of the procedural and substantive levels and the great power which the former is capable of wielding over the latter; and fourthly, the effects of the typical, traditional modes of procedure and trial techniques of individual countries on their existing laws and on future legislative progress.

The dual nature of the problem of the mentally-sick offender has been the source of much confusion. The substantive tests of criminal responsibility predicated on the mental condition of the accused at the time of the offence have been confused with the distinct problem of the modes of ascertaining his mental condition before, during or after criminal trial, and the setting up of machinery for disposal or treatment.
Judicial Reasoning
Authors: Perelman Chaim
Published: June 2019

What we mean precisely by judicial reasoning is the reasoning of the judge as disclosed in the grounds of his judgment. The writings of jurists, the arguments of counsel, the indictment filed by the prosecuting officer—all provide grounds which may effect the judge's decision ; but it is the reasoned judgment alone which provides all the elements required to unfold the characteristic features of judicial reasoning.

The operative part of the judgment, the very ruling, is preceded by the grounds which constitute the reasoning on which the ruling is based. Judicial reasoning thus constitutes a model of practical reasoning, aimed at justifying a decision, a choice or a claim, and establishing that they are neither arbitrary nor unjust: the judicial ruling is justified if the conclusion following its reasons conforms to the law.

Assimilating judicial reasoning to a syllogism whose conclusion is true because it can be formally proved as deriving from true premises, would deny the very nature of practical reasoning and make it impersonal and devoid of its essential element of adjudication. The specific juridical nature of the judge's reasoning is not the formally correct deduction drawn from premises—in this respect legal deduction bears no distinctive features—but lies in the reasoning which serves to lay down those premises within the frame of an existing legal system.
Israel Law: Components and Trends
Authors: Ginossar S.
Published: June 2019

Interest in the legal system of Israel is enhanced by the circumstances in which the new State came into being.

The circumstances of place are peculiar, in that the territory of Israel is situated at the cross-roads of two continents and at the very focus of movements of upheaval by which they are both so deeply stirred.

No less unusual are the circumstances of time. The proclamation of independence, for all its novelty, was not in the nature of a birth certificate, but rather of an official record of resurrection witnessed after a hiatus of close on two thousand years. No other people, so it seems, better demonstrates the adage that a nation's history is reflected in its institutions. Driven into exile and scattered to every corner of the earth for so many generations, it is now retrieving its identity in a supreme effort of reunion in its never-forgotten home-land. In the meantime, the fund of experience accumulated during the great dispersion has left its mark on the individuality of every immigrant, so that in many respects the mental attitude of the population is as variegated as the rainbow.
The Goring Ox in Near Eastern Laws
Authors: Yaron Reuven
Published: June 2019

I have chosen this particular topic for discussion not so much because of its intrinsic interest, but rather because of the opportunity it gives us to see ancient Near Eastern sources in their interrelationship. Let me commence with some words of introduction concerning the sources which will be considered. These are altogether four: the Laws of Eshnunna (LE), the Code of Hammurabi (CH), the biblical Book of the Covenant, and finally the Talmud. Between them they extend over some 2,000 years or more; nevertheless, it is my submission that not only may they be compared with profit, but even that there are some actual links which connect them.

The city of Eshnunna is situated to the East of the Tigris, on the bank of its tributary, the Diyala. The kingdom occupied an important strategic position between Assyria (in the North), Babylon (in the West), Isin and Larsa (in the South), and Elam (in the East). Much of its history is as yet uncertain, and it is not my intention, nor am I competent, to trace the fluctuating fortunes of the kingdom, the victories and defeats of its rulers. Eshnunna finally fell victim to the expansionist policies pursued with success by Hammurabi of Babylon, during the fourth decade of his reign.
Par in Parem non Habet Imperium
Authors: Dinstein Yoram
Published: June 2019

Lawyers in general, and international lawyers in particular, seem to suffer from what may be termed “the Latin formula syndrome”. In almost every branch of international law, one is faced with well-known epigrams of sententiousness drawn from the cornucopian source of ancient Latin phraseology. These venerable maxims, a legacy of the immense influence that Roman and Ecclesiastical law wielded on the fathers of modern international law, are in many respects very useful. In a few choice words, they epitomize fundamental ideas that may otherwise require verbose explanations, and they serve as a beacon for those groping their way in the legal dark. Unfortunately, however, laconic adages in general tend to be over-simplified, and, what is worse, as a result of constant and mechanical repetition, they are apt to lose their contact with reality and become petrified. If the law of nations is to be not merely “the law of notions”, but also the law of motion and animation, the epitaphs reflecting its major precepts must be reexamined every so often, else the mortmain of once flourishing but now barren concepts will keep it in a strangle-hold.

One of the more important of the Latin maxims that abound in international law is the general principle par in parem non habet imperium. This principle is commonly regarded as the starting-point for any venture into the field of State immunities, and it has even been said that

“There is no principle of international law more fundamental or more universally accepted than this”.
On Tort Liability for “Wrongful Life”
Authors: Tedeschi G.
Published: June 2019

During the short period since the middle of the present century the courts of more than one country have been called upon to deal with unprecedented claims: actions against a parent in respect of his liability for the plaintiff's birth under handicap, whether physical (congenital disease) or social (illegitimacy). Proceedings have also been taken against the State of New York, to hold it liable for an institution for which it was responsible, a Manhattan hospital, which failed to prevent a rape from which the birth resulted.

Together with our juridical interest in the solution of the problem—and perhaps even preceding it—we are curious to understand why it has not arisen before and now suddenly emerges simultaneously in a number of countries without apparently any mutual influence or awareness.
Res Judicata and Identity of Actions Law and Rationale
Authors: Harnon Eliahu
Published: June 2019

The broad meaning of the term res judicata covers all of the various possible binding effects of a judgment on subsequent litigation.

It may be assumed that the need for finality of judgment is recognized by many, if not by all, systems of law. The present study, however, is directed to the examination of the rationale behind the doctrine of res judicata and the meaning of the identity of actions, as reflected in Anglo-American and Israeli law.

Res judicata is evidently not one of the easy problems in jurisprudence as many have noted in the past. As to England and Israel in particular, one can hardly say it has been adequately explored.

It should be pointed out that the discussion is focused on judgments in personan, as distinguished from judgments in rem or quasi in rem; it does not deal with criminal cases, nor with decisions of administrative tribunals.

All three legal systems recognize two facets of res judicata. In spite of variations in terminology, these basic principles are usually held and understood identically.
Common Lawà l'americaine
Authors: Apelbom A. M.
Published: June 2019

Eighteen years after attaining independence Israel remains essentially a common law country. Introduced by the British Mandatory administration to supplement the Ottoman legislation in force at the time of the British occupation of Palestine, the common law has been retained by the Israeli legislator, so far as not modified or replaced by local legislation. But this common law, far from being residual only, also embraces a considerable body of interstitial law developed by two generations of judges, British, Palestinian and Israeli, in the process of applying and interpreting statute law—whether Ottoman, Mandatory or Israeli—according to common law methods. On the other hand the importation of common law institutions was neither wholesale nor systematic and in a number of fields no clear line of demarcation can be drawn between domestic and English law.
An International Lawyer Looks at Comparative Law
Authors: Green L. C.
Published: June 2019

The legal practitioner may well be excused if his approach to comparative law resembles somewhat that of the defence lawyer putting forward the “rolled-up” plea in an action for defamation. Having questioned the very existence of comparative law, he cannot be blamed for covering his retreat by asserting that even if it does exist, it has, for him and his clients at least, no obvious value or significance. Should he refer to the writings of some of the leading acknowledged authorities in the field, he may find that his doubts, far from being lessened, are confirmed and strengthened. What must he feel, for example, when informed by Sir Frederick Pollock, participating in the first International Congress of Comparative Law at Paris in 1900, that “le droit comparé n'est pas une science propre, mais qu'il n'est que l'introduction de la méthode comparée dans le droit.” Should he prefer a more modern exposition, he may refer to Gutteridge writing some fifty years later. The methodological, as distinct from the juridical, character of the subject will appear to be confirmed. “‘Comparative Law’ denotes a method of study and research and not a distinct branch or department of the law. If by ‘law’ we mean a body of rules, it is obvious that there can be no such thing as ‘comparative’ law…[that is to say] any independent rules for the regulation of human relationships or transaction. …[C]omparative law is merely a convenient label attached to a particular method of study and research.”

The international lawyer, too, who adopts some such definition of his field as “that system of laws and regulations which those who operate on the international scene recognize as being necessary for their orderly conduct”, is likely to adopt a similar view, for he is unable to find any system of rules and regulations to which he can apply the term comparative law.
The Principles of Equity as a Source of World Law
Authors: Newman Ralph A.
Published: June 2019

Pindar said that law is king. Gény called law the primordial necessity of order in social life. It is impossible to conceive of a time since men first organized in tribes when law was not a vital force in cementing society together within social groups; yet in the relations of national States with each other we continue to rely on force instead of mutual understanding to establish international order. Those who ignore history, Santayana has said, must pay the penalty of repeating it. Today we are approaching with terrifying speed the point at which the weapons we have created and upon which we rely for world peace threaten to destroy their creators. The force of destiny compels us to seek within ourselves, as did the Prophets of Israel, the source of world peace. What I wish to propose is the utilization of the fundamental principles of law which are common to most nations to establish a closer international understanding as a step toward world peace; and more specifically the employment of the principles of equity as a corpus aequitatis to constitute the basis of a world legal order.

The idea of a universal law has appeared many times in history. In the seventeenth book of the Iliad Homer speaks of law as related to a larger whole. The Greek Stoics found the basis of universality in the laws of nature as interpreted by reason, a law which Cicero was later to describe as “lex sempiterna et immutabilis.” Kant conceived of a Weltbürgerrecht, a cosmopolitan law, as an essential goal of human progress. Early in the eighteenth century Giambattista Vico, whom Croce has called the germ of the nineteenth century, proposed to unite law, politics, economics and philosophy in “una gran citta del monde”. There have been moments in history when the idea of a law which would unite nations found practical expression. The ius gentium, that part of the local law of Rome which was basically in accord with the private law of other nations, contributed, perhaps as much as the arms of Roman legions, to the Pax Romana which prevailed for centuries in much of the civilized world. The Pandectenrechtswissenschaft, the law of the Pandects modified by infusion of Germanic law, prevailed for nearly three hundred years among a group of national and semi-autonomous States stretching across central Europe. But the Pax Romana crumbled before the barbarian invasions of the third century of the Christian era, and after the end of the seventeenth century the law of the Pandects split into many separate systems. A contemporary example of law uniting nations is the experience of four Scandinavian countries, of five different ethnic stocks, joined in a unified legal system based largely on indigenous customary law.
The Enterprise: A New Economic Instrument in its Legal Manifestation
Authors: Levi Augusto J.
Published: June 2019

The historic and almost revolutionary emergence in the last century and a half of previously amorphous social strata has revealed problems vitally affecting the economic organization of society, which would not seem to yield unitary solution. But the novel conditions of the present time demand radical changes in the legal institutions which have hitherto regulated the economic aspects of life, and in fact a new complex economic instrument has evolved, which is gradually yoking private enterprise with community interest and is in the process destroying the methodological distinction between the private and public domain. This new instrument is built upon old structure, modified by an adaptive reshaping of its fabric, by the addition of new foundations and accommodating itself to new demands, and is in this manner in direct historical continuity. But although this instrument derives from and is fashioned upon earlier legal patterns, it reflects a profound economic and social change as projected on the legal plane. The instrument is the institution we term the “enterprise”.
The Classification of Crimes in Respect of Continuity
Authors: Feller S. Z.
Published: June 2019

Any scientific discipline worthy of the name is successful in eliciting the essential nature of the area with which it is concerned and in identifying its basic categories and determining the rules applicable to the inter-relationship of these categories. On these conditions alone can scientific inquiry fulfil its major, perhaps only, task of solving the practical problems that arise in the particular area of study. In every science, therefore, a central place is assigned to an examination of its specific categories.

Jurisprudence establishes general juridical categories that prevail in every branch of law. Yet each branch of law, including the criminal law, has laid down and delimited its own particular categories and continues to do so. From time to time social phenomena appear which do not lend themselves to the classificatory grouping of the current jurisprudential theory. In such cases, the scholar must extract the basic constituents of these phenomena, trace their specific consequences, determine their special nature and dovetail them into the classificatory system of the relevant branch of the law. From this process also derives the practical interest of the scholar in facilitating the smooth articulation of the actual phenomena with the previously prescribed categories and relating to them the legal effects specific to the category under which they fall to be grouped.
What is Legal Logic?
Authors: Perelman Ch.
Published: June 2019

That the question what is legal logic should still arise today appears paradoxical, for law is after all one of the oldest of human disciplines and logic has in the twentieth century become one of the most developed of the disciplines of contemporary philosophy. Yet comparison of a number of recent works dealing with the subject, all of which, not being without merit, have enjoyed a measure of success, is enough to show that the problem exists and is even strongly disputed.

Of four such works, two—those by E. Levi and K. Engisch—do not use the word “logic” in their titles, though they deal with legal reasoning and legal thought. The other two, on the contrary, expressly purport to deal with legal logic. Strangely enough, however, their authors explicitly deny the specific existence of such a discipline, whereas Levi and Engisch underscore, without any hesitation, the specific nature of legal reasoning and the existence of a particular logic, legal logic.

Thus in the first paragraph of his work, where Klug attempts to define the concept of legal logic, he states that it comprises the study of the rules of formal logic as used in the judicial application of rules of law (p. 6); that legal logic is therefore practical logic, consisting of the application to law of the rules of pure or theoretical logic which is general logic (p. 7).
The Uniform Commercial Code—Commercial Paper: An Outsider's View, Part 1
Authors: Barak Aharon
Published: June 2019

The development of the law relating to bills of exchange in the Anglo-American legal system provides an instructive example of the interdependence of the judicial and legislative functions in legal development. The groundwork consists of over 2,500 cases concerning bills decided in England since 1602, when the first case on bills was decided by the common law courts. These decisions were based on the custom of merchants—whether in England or abroad—and on the writings of jurists from commercially advanced countries. Notwithstanding the great number of decided cases, the law was mostly uniform, owing to the judges' inclination to follow rulings given by their brethren and their desire to retain the uniformity of customary mercantile law. In 1882 the law in England was cast in statutory form and this was copied in toto, with minor changes, by many legal systems, including Canada, Australia, New Zealand, South Africa, Ceylon, Cyprus and Palestine. Both in England and in countries which adopted the statute only few amendments have been made, thereby lending weight to Mackinon L.J's dictum that the English Bills of Exchange Act is the best law ever enacted by the British Parliament. Indeed, the drafting is clear and effective and has given rise to comparatively little litigation both in England and abroad. Whenever called upon to construe the Act, the English courts have usually interpreted it literally, with strict adherence to the letter of the law, and this interpretation was followed by other courts, whether by reason of the binding force of precedents or in order to maintain uniformity in the law. A monolithic system was thus created, based on a literal interpretation of the Act.
The Requirement of Corroboration in Sex Offences
Authors: Sebba L.
Published: June 2019

Under Israel law a person cannot be convicted for a sexual offence unless there is corroborative evidence. This means that if the accused denies that he has committed the offence, he cannot be convicted solely on the basis of the complainant's evidence.

Under English law the requirement is somewhat less rigorous: the judge must merely warn the jury of the danger of convicting without corroboration in such cases. The jury may convict in the absence of corroboration provided such a warning is given. There are, however, even in England, certain statutory offences where the more exacting requirement found in the Israel law is applied (i.e. that corroborative evidence be actually submitted).
Evidence of seasonal growth in Tertiary vertebrate fossils
Authors: Voorhies M. R.
Published: June 2019

In modern vertebrates, particularly ectotherms in temperate climates, alternating periods of rapid and curtailed growth are often recorded by annual markings in bones and/or scales. By indicating the age at death of individual animals and the time of year when death occurred, such markings permit quantitative studies of growth rates and population dynamics of fossil vertebrates to be made, and aid in interpreting the origin of fossil deposits. Scales of fish collected from the varved, lacustrine Green River Formation (middle Eocene), southwestern Wyoming, show interruptions interpreted as annuli. The position of the most recent annulus relative to the edge of the scales indicates the season of death of individual fish. Perfectly preserved specimens died in early summer, whereas those that died at a later season are disarticulated and scattered. A likely explanation is that early summer mortalities coincided with the yearly summer maximum of carbonate precipitation in the lake, so that carcasses reaching the bottom at this time were protected from disruptive currents. Among a collection of early Pliocene vertebrates from a quarry in Nebraska are many specimens from which individual age and season of death can be determined. Annuli on gar scales and catfish vertebrae indicate that these fish were killed in winter. Among the mammals, merycodonts (aged by their horns and dentitions) and horses (aged by dentitions) apparently died in winter also. Unlike the Green River fish, which accumulated over thousands of years, the Nebraska occurrence probably resulted from a catastrophe.
Louise Doris Adams
Authors: Williams E. M.
Published: June 2019

Miss L. D. Adams had a personality of such warmth and generosity that her loss will be deeply felt by very many people associated with education. Some will have known her personally through her visits to schools as H.M.I., or her lively contributions at conferences and refresher courses. We in this Association mourn her as one of our most distinguished members. She had an unbroken record of fifty-one years of membership and during that period had served on the Teaching Committee for some twenty years, exerting a strong formative influence which helped the Committee to broaden its enquiries until it can now claim to have produced reports on the whole range of school mathematics. The quality of thought that she brought to the Association’s discussions was recognized in 1959 when she was elected President, only the second woman to hold that office in the long years from 1871. To Miss Adams this tribute from the Association brought surprise and much pleasure, for in her natural modesty she had not thought of herself as possessing any gifts to merit her election.
Activities
Authors: Griffiths H. B.
Published: June 2019

Space does not allow much room for “reporting” in The Mathematical Gazette, though that deficiency is greatly offset by the Newsletter. As it happens, however, two very contrasting items arrived while this Number was in the proof stage and so they are included, as typical of much else, to give some information about mathematical activities in general.
Seasonal variation in the biochemical composition of Mytilicola intestinalis
Authors: Williams C. S.
Published: June 2019

The biochemical constitution of the copepod parasite Mytilicola intestinalis was determined and seasonal changes were detected which, in general, could be correlated with the life-history of the parasite.

Biochemical constituents have been discussed in relation to those in other endoparasites and free-living crustaceans. It was concluded that carbohydrates and lipids both formed important stores of energy in M. intestinalis. Protein levels were reduced compared with those in free-living forms.

This work forms part of a Ph.D. thesis in the University of London. It was completed during the tenure of a Research Assistantship at The Polytechnic, Regent Street, London W. 1.
Seasonal incidence and development of the cestodeCaryophyllaeus laticeps(Pallas) in the River Avon
Authors: Kennedy C. R.
Published: June 2019

An account is given of the seasonal occurrence, maturation and population changes ofCaryophyllaeus laticepsin its intermediate hostPsammoryctes barbatusand in its definitive hostLeuciscus leuciscusin the River Avon. Infective larvae were found in the tubificid in all months except August, but occurrence and maturation ofC. laticepsin fish showed a clear seasonal periodicity. Infections were acquired between December and March, the parasite matured in April and May and disappeared by July. Maturation ofC. laticepsappeared to be governed by changes in fish hormone levels. Changes in the parasite population in fish bore no relationship to the availability of infective larvae nor probably to the feeding behaviour of fish but were closely correlated with water temperature changes. The most important factor controlling the dynamics of theC. laticeps–dacesystem appears to be a temperature dependent rejection response to the parasites by dace, and it is suggested that a similar mechanism may operate to control the dynamics of other freshwater fish–tapeworm systems.

I should like to thank the Avon and Dorset River Authority, and in particular Mr A. S. Grater, for their help in capturing the fish and for their ready co-operation.
Infections of Toxocara canis in dogs fed infected mouse tissues
Authors: Warren E. G.
Published: June 2019

Toxocara canis larvae infecting dogs undergo tracheal migration following their ingestion in an experimental intermediate host. Development of the parasite then proceeds to the adult stage in the small intestine. Adult dogs are therefore capable of distributing fertile T. canis ova which, if ingested, could cause larva mirans in humans and other animals.

This work was financed by research grants from the University of Queensland and the National Health and Medical Research Council of Australia. The writer wishes to acknowledge the encouragement and criticism of Professor J. F. A. Sprent.
A comparison of two laboratory strains of Eimeria tenella
Authors: Joyner L. P. , Norton C. C.
Published: June 2019

Two strains of E. tenella (Weybridge and Houghton), which have been maintained by laboratory passage for at least 20 years without exposure to drugs, were compared.

Oocyst dimensions and morphology were similar and cross-protection experiments showed that the strains could not be distinguished immunologically.

One strain (Weybridge) caused greater caecal haemorrhage than the other when small doses of oocysts were given and was less completely controlled by some quinoline and pyridine drugs.

Acknowledgements are due to Dr M. E. Rose of the Houghton Poultry Research Station who kindly made the Houghton strain of E. tenella available to us with details of its maintenance.

The statistical calculations were made by Miss C. N. Hebert.
Western Whorled Milkweed and its Control
Authors: McCarty M. K. , Scifres C. J.
Published: June 2019

A poisonous pasture weed, western whorled milkweed [Asclepias subverticillata (Gray) Vail] is capable of spreading in a few years from scattered clumps, highly variable in number of stems, to an almost solid, uniform stand. The most effective herbicide evaluated for its control was 4-amino-3,5,6-trichloropicolinic acid (picloram). Use of 2-methoxy-3,6-dichlorobenzoic acid (dicamba) gave only fair control. The herbicides 2,4-dichlorophenoxyacetic acid (2,4-D), 2,4–5-trichlorophenoxyacetic acid (2,4,5-T), 2-(2,4,5-trichlorophenoxy)propionic acid (silvex), and 3-amino-l, 2,4-triazole (amitrole) were ineffective. The addition of amitrole did not enhance the effectiveness of dicamba or picloram for control of this species.
The Leaf Concentrations of Atrazine in Cereal Crops as Related to Tolerance
Authors: Wheeler Heijia L. , Hamilton Robert H.
Published: June 2019

Seedlings of wheat (Triticum aestivum L.), corn (Zea mays L.), and sorghum (Sorghum vulgare Pers.) were exposed to 2-chloro-4-ethylamino-6-isopropylamino-s-triazine (atrazine) in solution culture. Following prolonged treatment, the tolerant species, corn and sorghum, accumulated leaf concentrations of unaltered atrazine which were comparable to those found in the sensitive species at the point of acute toxicity. In the sensitive species, wheat, there did not seem to be a critical leaf concentration of atrazine which was necessary to bring about acute toxicity. The leaf concentration in wheat could be raised by increasing the concentration of atrazine in the nutrient solution or by lowering the temperature at which the plants were grown. The loss of chlorophyll in sensitive species was closely related to and preceded acute toxicity symptoms.
Rate of Weed Root Elongation
Authors: Wiese A. F.
Published: June 2019

Considerable differences in rate of root elongation were observed. Species studied in order of decreasing rate root elongation were cocklebur (Xanthium pensylvanicum Wallr.), palmer amaranth (Amaranthus palmeri S. Wats.), barnyardgrass (Echinochloa crusgalli (L.) Beauv.), buffalobur (Solanum rostratum Dunal), kochia (Kochia scoparia (L.) Schrad.), crabgrass (Digitaria sanguinalis (L.) Scop.), sorghum (Sorghum vulgare L., var. RS 610), Russian thistle (Salsola kali L., var. tenuifolia Tausch), and tumblegrass (Schedonnardus paniculatus (Nutt.) Trel.). In 15 days, cocklebur and tumblegrass roots grew 33 and 11 in, respectively. With all species, the rate of root elongation always exceeded the rate of height increase. There was poor correlation between rate of root elongation and weed height, top weight, and root weight.
Control of Wild Cane in Soybeans
Authors: Burnside O. C.
Published: June 2019

Greenhouse and field studies showed that α,α,α,-trifluro-2,6-dinitro-N,N-dipropyl-p-toluidine (trifluralin) gave better control of wild cane [Sorghum bicolor (L.) Moench] when incorporated in the soil above rather than below the wild cane seed. Of four herbicides studied in field experiments, trifluralin gave the best control of wild cane in soybeans (Glycine max L., var. Clark) followed by S-propyl dipropylthiocarbamate (vernolate). Herbicides were more effective than cultivation in controlling wild cane, but neither alone was adequate. A combination of cultivation plus herbicides markedly increased soybean yields on wild cane infested areas. These results show that an economical crop of soybeans can be produced on wild cane infested land.
Growth Analysis of Red Maple and White Ash Seedlings Treated with Eight Herbicides
Authors: Perry P. W. , Upchurch R. P.
Published: June 2019

Eight technically pure herbicides were evaluated for their relative phytotoxicity to hydroponically grown seedlings of red maple (Acer rubrum L.) and white ash (Fraxinus americana L.). Six of the herbicides (acids) were prepared as the triethylamine salts to provide formulation uniformity. With four compounds, equi-mole dosages per plant produced different toxic responses depending upon whether the herbicide was applied to the shoot or root. The 2,4,5-trichlorinated phenoxyaliphatic acids 2,4,5-trichlorophenoxyacetic acid (2,4,5-T), 2(2,4,5-trichlorophenoxy) propionic acid (2,4,5-TP), and 4(2,4,5-trichlorophenoxy) butyric acid (2,4,5-TB) were consistently more toxic on a mole basis when applied to the roots of both species than when applied to the shoots. The opposite effect was observed with ammonium sulfamate (AMS) where shoot treatments were always more toxic. Shoot and root treatments were equally effective for the compounds 2,4-dichlorophenoxyacetic acid (2,4-D), 2-methoxy-3,6-dichlorobenzoic acid (dicamba), 4-amino-3,5,6-trichloropicolinic acid (picloram), and 3-amino-l,2,4-triazole (amitrole). Differential species susceptibilities to certain compounds were observed.
Influence of Dichlobenil on Yield, Size, and Pigmentation of Cranberries
Authors: Devlin Robert M. , Demoranville I. E.
Published: June 2019

The influence of 2,6-dichlorobenzonitrile (dichlobenil) on yield, size, and pigmentation of cranberries (Vaccinium macrocarpon Ait., var. Early Black) was studied. Data on the effect of fall and spring applications were collected over a 2-year test period and comparisons made. Yield increased and berry size decreased after 1 year from both fall and spring treatments. The slight increases in yield were attributed to good weed control and not to any direct effect of dichlobenil. Treatments of cranberries for 2 successive years (fall and spring) caused slight reductions in yield and berry size. Berries treated for 2 successive years with dichlobenil were analyzed for anthocyanin development. All applications considerably enhanced pigmentation, spring treatments having the greatest effect in this respect. Anthocyanin development increased with increase in the concentration of dichlobenil applied.