bluuebunny/crossref_metadata_2025 huggingface dataset:
Fat Boys
Authors: Hobbs Dick
Published: November 2023

The Fat Boys’ car lot boasts no lavatory that conforms to twentieth-century sensibilities. Consequently, Fat Laurie has learnt to delay his early-morning bowel movement till pub opening-time, and at 11 a.m. precisely, six days a week, he crosses the main road to enjoy a shit and a Scotch in the tranquil environs of the Dog. It is in this alcoholic dawn, where pine disinfectant battles with stale tobacco smoke and the phantoms of last night’s beer, before the gaming-machine is illuminated, that Fat Laurie gives me his philosophy of life. We had been silently drinking coffee in his office when he had exclaimed ‘Going for a shit. Coming?’ I ain’t a villain, never have been. The motors is straight. I do deals with anybody gonna put money in me pocket, but everybody does that. I look at it this way: it’s Friday afternoon. All week I ain’t sold a fucking bean. I got the VAT and the tax on me back for money I haven’t got. I got a little sort I’m supposed to see later on and the wife’s in me ear. In my pocket I got nothing. I’m lending sandwich money off that old cunt who washes the motors. Then in comes some punter, not a mug, ordinary geezer like yourself, maybe out for a bit of a bargain. But when you come in I make up my mind that whatever money is in your pocket I have to have it ‘cos I am desperate.
Youth Opportunities: The People’s Game
Authors: Hobbs Dick
Published: November 2023

By the time we came out of the heaving club he had been unconscious for two or three minutes. Steam rose gently from the young man’s torso as he lay motionless on the cold night pavement, and although it was impossible to ascer tain precisely what had happened, the fact that he had kicked Taff was all we needed to know. Taff and Viv had merely done their job, which in this case meant battering the young man and propelling him down the steps of what had once been a cinema, to rest bloodlessly amongst the fast-food packets, cigarette ends, and puddles of indeterminate liquids that constitute the detritus of just another Saturday night.
Criminal Life
Authors: Hobbs Dick
Published: November 2023

Criminal life is, thus, a succession of deals. The average wiseguy has, typic ally, four or five deals in the air at any one time. They are partnerships, in varying combinations, that he has put together with his own immediate contacts, with the members of other criminal rings, and from time to time, with a recruit from the straight world-a truck driver, perhaps, who is willing to look the other way when his load gets hijacked. It is a matter of individual enterprise, and the share out at the end of it-payday-is the measure of how successful any particular deal has been.
The Corporate Governance Discussion In Some European States
Authors: Wymeersch Eddy
Published: November 2023

The purpose of the present report is to give an overview of the discussion on corporate governance as it seems to be developing in some of the Continental European states. Under the heading of ‘corporate governance’ the issue is still relatively new. Most jurisdictions do not have an equivalent term to ‘corporate governance’, and therefore use the English expression, it not being certain whether the content thereby is meant to be the same. Therefore, this overview should be read with a few reservations in mind.
Highlights Of The Proposals Of The Committee On Financial Aspects Of Corporate Governance
Authors: Cadbury Sir Adrian
Published: November 2023

The Committee on the Financial Aspects of Corporate Governance was set up in May 1991 by the Financial Reporting Council, the London Stock Exchange, and the accountancy profession. Its sponsors were concerned about the perceived low level of confidence in financial reporting and in the value of audits. The underlying factors were seen as the absence of a clear framework for ensuring that directors kept under review the controls in their business, together with the looseness of accounting standards and the competitive pressures on companies and on auditors which made it difficult for auditors to stand up to demanding boards..
Some Comments on the Challenges of Commercial Reorganization in Insolvency: Why Chapter 11?
Authors: Broude* Richard F
Published: November 2023

Jobs. The environment. The rights of retirees to their pensions and medical benefits in the face of economic repositioning of the ‘rust belt’ industries. Toxic torts. Cleaning up the LBO mess. These, and more, are what chapter 11 is all about. These, and more, are why the calls for elimination of the ability to reorganize distressed companies are so wrongheaded.
The Responsibility of Directors and Shareholders for a Company’s Debts under New Zealand Law
Authors: Farrar John H
Published: November 2023

During a recession companies often delay in paying or decline to pay their debts. Traditionally, New Zealand courts have been reluctant to pierce the corporate veil in favour of creditors, in striking contrast to US courts. However, since 1929 English law has allowed statutory piercing of the veil in the case of fraudulent trading. New Zealand followed suit with section 268 of the Companies Act 1933, and in 1980 extended the scope of the legislation.
Environmental Liability: A Continuing Concern for Lenders
Authors: Jeffery Michael I
Published: November 2023

Although environmental liability has long been a concern to those directly responsible for or associated with polluting activities under a plethora of environmental statutes and common law causes of action, such as nuisance, negligence, and trespass, financial institutions until recently paid little attention to factors unrelated to the fiscal well-being or creditworthiness of their borrowers. Financial risk was minimized by lenders insisting that adequate security was available to satisfy indebtedness in the event that the borrower failed to repay the loan in accordance with its terms.
Subsidiarity
Authors: Lyon-Caen Gerard
Published: November 2023

We must start by coming to grips with the concept itself, one which before the Maastricht Treaty was not in what might be termed widespread use (Part I). Next, the subsidiarity principle needs to be examined in the light of the division of powers between Member States and the Community, within the European legal system (Part II).
Equality and Discrimination
Authors: Hepple Bob
Published: November 2023

All Member States of the EC have enacted legislation against sex discrimination, including the right to equal pay for women and men. This has largely been due to the impact of Article 119 of the EC Treaty which provides that ‘Each Member State shall ... ensure ... the application of the principle that men and women should receive equal pay for equal work.’ This directly applicable provision has been supplemented by five Council directives on pay, employment and vocational training, aspects of statutory and occupational social security, and self-employment.
The Particularity of Serious Fraud
Authors: Sullivan G R
Published: November 2023

THE dominant theme of the papers and seminar discussion was the extent to which we should treat serious or complex fraud as a discrete phenomenon within the criminal law requiring provisions of procedural and substantive law peculiar to itself. Or should we, as asserted by a prominent practitioner with much experience of fraud investigations, refuse to countenance any measure in respect of fraudsters which we would not be equally prepared to use against, say, murderers or rapists. Taking the latter view, we would revert to more restrained and limited conceptions of procedural and substantive law, uprooting much statutory and judge-made law in the process. By contrast, a stress on a more effective response to fraud would argue for retention of present fraud-related provisions and even further developments in that vein.
Freedom of Speech in an Era of Mass Communication
Authors: Barendt Eric
Published: November 2023

English free speech law seems at last to have abandoned the narrow, insular perspective, which received its classic expression in Dicey’s treatment of civil liberties. It is no longer tenable to view freedom of speech as merely a residual liberty, recognised only in the gaps left by the law of blasphemy, libel, contempt of court and so on. The landmark ruling of the House of Lords in the Derbyshire case recognises that the freedom is a matter of legal principle, to which the courts will (and must) give appropriate weight. In that case it was held that to allow public authorities to sue in libel is ‘contrary to the public interest because to admit such actions would place an undesirable fetter on freedom of speech.’ In effect a common law principle of freedom of speech was applied to disentitle a local authority from bringing an action which a (relatively) recent High Court decision, some Commonwealth rulings, and the basic rules of libel law would all have permitted. Most interestingly, the House of Lords, unlike the Court of Appeal, considered that the result could be reached by the common law, without recourse to the European Convention of Human Rights (ECHR). Indeed, Lord Keith was of the view, as had been Lord Goff in the second Spyjatcher case, that there is no real difference between the common law of free speech and Article 10 of the Convention.
Freedom of Speech and Racial Equality
Authors: Mccrudden Christopher
Published: November 2023

There are several recent political and intellectual developments which have made a reassessment of the legal relationship between equality and freedom of speech a newly important topic in Britain in particular and Europe generally. The aim of this paper is modest: to map the contours of some of the emerging debate, and to suggest that it challenges the way in which we might think about the theory of freedom of speech more generally. I shall concentrate in particular on the controversial issue of legislation which seeks to control speech and publications which are perceived to be racist.
Operational Bargaining Norms: Contracting Beyond Utopia
Authors: Bigwood Rick
Published: November 2023

Macneil’ s words, of course, bear force in view of what we know about our place in a world where resources5 are moderately scarce in comparison to the number of people required to compete for a share of them. In such a world, no individual can completely avoid interaction with others; no one is inherently self-sufficient.
Contract and Justice: From Involuntariness to Exploitation
Authors: Bigwood Rick
Published: November 2023

We may accept that, under certain conditions, the structural and operational imperatives of bargaining informally monitor and mediate, to a minimal but acceptable level, the parties’ conduct during the bargaining process. Although no social process is entirely self-governing or self-sufficient in creating its own norms, the functionalist model of bargaining3 demonstrates that any understanding of operational bargaining norms logically begins with the process itself. Such norms must satisfy the special features and suppositions of bargaining.
Toward a Purely Processual Conception of Legal Contractual Exploitation
Authors: Bigwood Rick
Published: November 2023

As we have seen in the preceding chapter, interpersonal exploitation consists in one person’ s taking unfair advantage of another person for gain. The objection to the practice is thus rooted in notions of fairness, and it is inevitable that there will be as many conceptions of exploitation as conceptions of fairness.
The Death and Resurrection of Jesus
Authors: Elliott J K
Published: November 2023

The final week in Jesus ‘ life, from his triumphal entry into Jerusalem on Palm Sunday through to Easter Day (Holy Week or Passion Week in the church calendar), is given a disproportionate amount of space in the New Testament Gospels in comparison with the rest of his ministry. In many ways the events leading up to the crucifixion are described in a detail often lacking elsewhere in the Gospels. Such an emphasis is understandable as the early writers tried to explain the circumstances leading to the death and Resurrection of their saviour, because it was on these events that Christianity proclaimed its distinctive teaching and based its unique theological message. The canonical Gospels relate the plots against Jesus, his arrest in the Garden of Gethsemane through the treachery of his disciple, Judas, his subsequent trials (before the Jewish Sanhedrin, before King Herod (Antipas), and before Pilate, the Roman governor), and his condemnation to death. This narrative reaches its climax in Jesus ‘ crucifixion, death, and burial. These accounts are then followed by the Easter story, in which Jesus ‘ Resurrection from death is proclaimed and demonstrated in a negative way with the story of his empty tomb, and in a positive way with an increasing number of post-Resurrection appearances by the risen Christ. Elaborations and other versions of the week ‘s events are, not surprisingly, to be found in the later, non-canonical, Gospels. The main accounts of Jesus ‘ death in apocryphal texts occur in the Gospel of Peter and the Gospel of Nicodemus.
Veronica
Authors: Elliott J K
Published: November 2023

Veronica in the Latin tradition, and Bernice or Berenice in the Greek, is the woman who is identified in apocryphal texts (such as the Acts of Pilate and the Book of the Resurrection of Jesus Christ by Bartholomew the Apostle) as the unnamed woman cured by Jesus of her issue of blood in Mark 5: 25. The later apocryphal tradition in the medieval text known as the Vindicta Salvatoris (or the Avenging of the Saviour) names Veronica as the woman who wiped Christ ‘s face with a cloth. According to the legend, the image of his face was preserved on the cloth. The story in the Vindicta Salvatoris, from which the extract below is taken, tells how Titus, a convert to Christianity, came with Vespasian in order to destroy the enemies of Christ by overthrowing Jerusalem. The Emperor, Tiberius, then sent his kinsman, Velosian, to Jerusalem to locate Veronica and her cloth, so that through it he (the Emperor) could be cured of an illness. The tone throughout much of this book is anti-Jewish. (The medieval Latin text known as the Mars Pilati also tells of Veronica and her wonder-working kerchief.) From the eighth century a ‘veil of Veronica ‘ has been preserved in Rome, from the end of the thirteenth century in St Peter ‘s. In the fourteenth and fifteenth centuries it was the object of much veneration, as it was believed to effect cures. But Veronica has been given a place of continuing devotion in Christian practice because of the Stations of the Cross.
Thomas
Authors: Elliott J K
Published: November 2023

In the New Testament Thomas is included among the twelve disciples in all four Gospels. In John ‘s Gospel the name Thomas is translated Didymus meaning ‘twin ‘, and it is because of this interpretation that his name is associated with several apocryphal works. For example, as the twin of Christ, Thomas is said to have been the author of the Gospel of Thomas. He is Doubting Thomas of John ‘s Gospel, but the apparent faithlessness in doubting the report of Jesus ‘ Resurrection is overtaken by his recognition of Jesus ‘ divinity in the confession ‘My Lord and my God ‘ of John 20: 28. His subsequent career as an apostle is not to be found in the New Testament. For legends about his later life we need to tum to the apocryphal tradition. The Acts of Thomas, which is likely to have originated in the second century like the other major Acts, has, unlike them, survived in its entirety. It is a Pilgrim ‘s Progress of 170 chapters divided into thirteen acts and the Martyrdom. The story tells of Thomas ‘ election to evangelize India, and his adventures there. The Malabar Christians of South India today claim Thomas as their founder, although there is nothing whatsoever of historical value in these Acts to justify the claim. The Indian setting for the stories is arbitrary. As with other apocryphal Acts, local colour is absent, names of characters of little importance, and events fictional.
Islam and al-Dahr in the Khamriyya
Authors: Kennedy Philip F
Published: November 2023

Hikma —an important category of poetry2 —is the poet’s wisdom and most commonly, though not exclusively, takes the form of an aphoristic statement about the fleeting nature of life and the unpredictable vagaries of Fate. al-Dahr is a prime mover in the j āhil ī vision of existence and has a dominant role in a limited but powerful philosophy.
Hilm and Tawba
Authors: Kennedy Philip F
Published: November 2023

Whilst a tension existed in the rift between Islam and the hedonistic ethic of the khamriyya, this was consistently defused by either: (i) the contrived and literary or (ii) the apparently sincere abstinence/repentance (tawba) of the poet. The posturing of abstinence/ repentance provided balance within the bacchic tableau. Thus whilst wine and indulgence were eulogized, they were equally subject to a formal and conventional restraint; sometimes they were even unequivocally abandoned. Chapter 3 has shown that wine could be vehemently criticized in poetry and that the roots of this criticism are to be found in the pre-Islamic canon.
Primal Disclosures
Authors: Ward Keith
Published: November 2023

Comparative theology is an enquiry into ideas of God and revelation, of ultimate reality and its disclosures to human minds, as such ideas arise across the full spectrum of human history and experience. It is not, as the comparative study of religions might be, primarily a sociological or psychological enquiry, asking what various people actually believe or practise. Nor is it an attempt to correlate beliefs with social and temperamental circumstances. It is primarily an enquiry into truth and rationality, fundamentally concerned with what it means to say that there is a God and an authentic revelation and with whether there is one. Such a study is sometimes called ‘philosophy of religion’, and there is no need to invent an artificial distinction between the two disciplines. The term philosophy of religion is quite recent. It was used by Hegel in the development of his own view that the philosopher can express in conceptual thought what religions express less clearly in picture or symbolic form.
Religion after Enlightenment
Authors: Ward Keith
Published: November 2023

The rise of the natural sciences radically changes our view of the physical universe. Nearly all the great Scriptures were written before the rise of modern scientific knowledge. This means that, not only are particular statements of physical fact in the Scriptures liable to be in error, but the whole view of the universe which they presuppose is almost certainly incorrect. It is not surprising that the sciences were sometimes seen as challenges to religious belief, and opposed by religious authorities with a stake in preserving the status quo. The best-known case of such a conflict between science and religion was the condemnation of Galileo by the Holy Inquisition for suggesting that the earth circled the sun instead of being at rest in the centre of the universe. The fact that Galileo was right and the Church authorities wrong at least establishes that revelation must be subject to correction by observation, and that it is certainly not inerrant with regard to physical facts. Scripture expresses the view of the world which was current at the time it was written; and that is, like all human views, partial and incomplete.
The Legal and Administrative Framework
Authors: Hutter Bridget M
Published: November 2023

At the most basic level compliance means a desired state of conformity with the law, a regulation, or a demand. Defining compliance may therefore appear to be simply a matter of ‘measuring up’ whether or not a given state of affairs or an act accords with the demands encoded in law. In practice this ‘measuring up’ may not be so simple, since interpreting the meaning of rules and applying them to real-life situations is not always straightforward. Indeed, cynics might point out that it is the fact that the law is not always clear and unambiguously applied that keeps solicitors, barristers, and other members of the legal profession in a job. This is not simply a case of dealing with those who seek to evade the law, but also relates to the fact that what happens in the ‘real world’ does not, indeed cannot, be reduced to the classificatory scheme of the law. Hence there is necessarily scope for interpretation in the enforcement of the law.
The Territorial Reach of Mareva Injunctions
Authors: Collins Lawrence
Published: November 2023

This article explored the ramifications of those important decisions in 1988 on the extraterritorial effect of Mareva injunctions. Since the decisions in Babanaft International Co. SA v. Bassatne [1990) Ch. 13 (CA), Derby & Co. Ltd. v. Weldon (No. 1) [1990) Ch. 48 (CA), (Nos. 3 & 4) [1990) Ch. 65 (CA), and Republic of Haiti

v. Duvalier [1990) 1 QB 202 (CA), many worldwide Mareva injunctions have been granted. In Derby & Co. Ltd. v. Weldon (No. 6) [1990) 1 WLR 1139 (CA), discussed ante, p. 89, the Court of Appeal decided that the in personam jurisdiction could be exercised not only to restrain the transfer of foreign assets, but also to order the transfer of assets from one country to another, or to order the return to England of assets held in a foreign country.
Harris v. Taylor Revived
Authors: Collins Lawrence
Published: November 2023

The decision in Henry v. Geoprosco International Ltd. [1976] QB 726 (CA) revived the long-discredited decision in Harris v. Taylor [1915] 2 KB 580 (CA). The criticism which followed led to considerable pressure for reversal of the effect of these decisions, and this was effected by section 33 of the Civil Jurisdiction and Judgments Act 1982. Section 33 provides that a judgment debtor shall not be regarded as having submitted by reason only of the fact that he appeared (conditionally or otherwise) in the foreign proceedings (a) to contest the jurisdiction of the court; (b) to ask the court to dismiss or stay the proceedings on the ground that the dispute in question should be submitted to arbitration or to the determination of the courts of another country; or (c) to protect, or obtain the release of, property seized or threatened with seizure in the proceedings. In Case 150/80 Elefanten Schuh GmbH v. Jacqmain [1981] ECR 1671 the European Court held, in the context of Article 18 of the 1968 Convention, that pleading to the merits as an alternative to an objection to the jurisdiction would not be a submission.
Blocking and Clawback Statutes: The United Kingdom Approach
Authors: Collins Lawrence
Published: November 2023

The extraterritorial effect of United States legislation still continues to disturb UK¬ US relations. The principal areas of controversy relate to anti-trust, securities regulation and export control. In the field of anti-trust, the United States courts have moderated the ‘effects’ doctrine by devising an ad hoc interest-balancing test to determine whether jurisdiction should be exercised, based on whether the interests of, and links to, the United States are sufficiently strong vis-a-vis those of other nations to justify an assertion of extraterritorial authority: Timberlane Lumber Co. v. Bank of America, 549 F. 2d 597 (9th Cir. 1976) and 749 F. 2d 1378 (9th Cir. 1984). But it is notorious that the balance almost always tips in favour of the United States. Most recently in Re Insurance Antitrust Litigation, 938 F. 2d 919 (9th Cir. 1991) the Court of Appeals for the Ninth Circuit held that the balance was in favour of the United States in relation to an alleged conspiracy between British reinsurers and US insurance companies, because the effects were felt largely in the United States and the defendants foreseeably intended that their conduct would have effect there, even though it was lawful under English law.
Contractual Obligations-The EEC Preliminary Draft Convention on Private International Law
Authors: Collins Lawrence
Published: November 2023

On I April 1991 the Contracts (Applicable Law) Act 1990 came into force and gave effect to the Rome Convention on the Law Applicable to Contractual Obligations. This article considered the 1972 draft, which was concerned not only with contractual obligations, but also with non-contractual obligations. In part because of the uncertainty over the continued membership of the United Kingdom in the European Communities (which was resolved by the 1975 referendum), little progress was made on the Covention until 1978, when it was decided (at the request of the United Kingdom delegation) to limit the Convention to contractual obligations, and to return to non-contractual obligations at a later stage. In 1979 a draft Convention was completed, and the Convention was finalised at a special meeting in Rome of the Council of the European Communities in June 1980, and opened for signature on 19 June 1980, when it was signed by the six original Member States and Ireland. It did not come into force until 1991 because of the need to make arrangements for the European Court to have jurisdiction to give rulings on its interpretation.
Floating Charges, Receivers and Managers and the Conflict of Laws
Authors: Collins Lawrence
Published: November 2023

Interest in the topics dealt with in this article was stimulated by professional involvement in the insolvency of the Rolls-Royce aero-engine company in 1971, the forerunner of many modern international insolvencies. The analysis and conclusions in this article have been generally adopted: see Wood, Law and Practice of International Finance (1980), Chap. 15; Picarda, Law Relating to Receivers, Managers and Administrative Receivers (2nd ed., 1990), Chap. 40. Since it was written, the Insolvency Act 1986 has established the mutual recognition of receivers appointed in different parts of the United Kingdom. An important development was the introduction by the same legislation of the ‘administrative receiver’. The administrative receiver is a receiver or manager of a company’s property appointed by or on behalf of debenture holders under a charge. This status expands the powers of a purely contractual receiver, for example to obtain information about the affairs of the company from third parties.
Supereditor or Translator: Comments on Coleman
Authors: Calabresi Guido
Published: November 2023

These are comments on Jules Coleman, but for two reasons I have trouble even making comments. First, in more than forty years since I came to Yale Law School, I have never written a comment or a book review or anything on someone else’s work. I think I don’t do it because it’s hard-it may also be because I’m egocentric, which is probably the same thing. But either way, what I am doing today is for me very new.
A Definition of Verbal Aspect
Authors: Fanning Buist M
Published: November 2023

The purpose of this chapter is twofold: (1) to discuss basic issues of the meaning of aspect and formulate a general theory of aspect as a foundation for more specific discussion in later chapters; and (2) to provide a survey of aspectology over the last century to give perspective for the discussion of problems of aspect-usage in the NT. The history of aspect studies has shown that the major problem in understanding verbal aspect involves two interrelated issues: first, to distinguish aspect from other features of meaning with which it is commonly intertwined (e.g. tense, procedural character of verbs, structural contrasts between aspects, and discourse functions), and second, to note the variable function of aspect in connection with these other fratures. This chapter will discuss these distinctions and interconnections with other categories of meaning and propose a preliminary definition of verbal aspect.
The Aspects In Commands and Prohibitions
Authors: Fanning Buist M
Published: November 2023

The purpose of this chapter is to describe the meanings which the aspects display in commands and prohibitions in the NT. This includes usage in the imperative, as well as in parallel idioms using the subjunctive (hortatory and prohibitory uses). A section at the end of the chapter will treat aspect usage in indirect commands (i.e. infinitive or iva clause with subjunctive after a verb of commanding) and in other constructions which express commands (participles and infinitives used independently).
Stages in Human Action
Authors: Westberg Daniel
Published: November 2023

IN the prima secundae of the Summa Theologiae, St Thomas deals with the process of human action as the foundation of a discussion of the morality of actions and of virtues. The account is Aristotelian in its general structure, beginning with man’s desire for the good, going on to a general account of volition and of the distinction between the voluntary and involuntary, and moving to a more specific description of deliberation, choice, and action. The reader familiar with the Nicomachean Ethics will notice, however, the addition of several other stages in Thomas’s account; the Summa includes new features in the process: intentio (q. 12), consensus (q. 15), usus (q. 16), and imperium (q. I7).
Prudence and Love
Authors: Westberg Daniel
Published: November 2023

In Thomistic philosophy it is the object which activates the powers of the mind. The object as something true (verum) is the object of the intellect, while the object as good (bonum) draws the will. The priority of cognition is a metaphysical one, since apprehension of form precedes inclination to it. In the process of free choice (liberum arbitrium) which is the principle of action, both intellect and will are active, with their functions designated as specification and exercise respectively.
Divine Action and Hebrew Wisdom
Authors: Barr James
Published: November 2023

At an early stage in his Bampton Lectures, Cod’s Action in the World, Maurice Wiles mentioned the familiar emphasis of the Old Testament on the ‘acts of God’ and the way in which this was exploited in the ‘Biblical Theology Movement’ earlier this century (Wiles 1986: 8). He recognized this, and rightly, as a primary feature of the biblical writings. He then went on to mention two qualifications. The first was that this feature was by no means as distinctive a characteristic as had often been supposed: and with the passage of time this qualification has come to be stronger and more widely recognized. ‘Docs he [God], like Zeus, send out thunderbolts in his displeasure;,’, Wiles asks (Wiles 1986: I), hinting at an awareness that the ‘God who acts’ in this drastic sense belongs to the pagan, mythological world rather than to the biblical and Christian. The second qualification was that, even in recognizing the importance of the ‘mighty acts of God’ for the Old Testament, he added, in his own words, ‘even if one finds it a little difficult to know what to do with the Wisdom literature’. The Wisdom literature, he thus suggested, was sparing or restrained in its mention of the mighty acts of God, and difficult to fit into any scheme dominated by ‘acts’ of that kind.
Lex orandi: Heresy, Orthodoxy, and Popular Religion
Authors: Lyman Rebecca
Published: November 2023

Throughout his works on ancient and modern theology, Maurice Wiles has eloquently defended the unity between religious experience and critical theological enquiry. Thus, his studies of Arius, Asterius, and Eunomius include attempts to recover the possible spiritual concerns of those theologies traditionally understood as heretical (Wiles 1962, 1985, 1989). On the other hand this has also led him to ask critical questions about the necessary unity of certain spiritual and theological principles in orthodox soteriology or Christology (Wiles 1968, 1970). This less comfortable move is of course critical to any living theological enterprise: can there be essential or self-evident principles of Christian experience which anchor theological doctrines? As might be expected changes in religious experience and reasoned reflection go together, though exactly how remains a controversial and ambiguous question (Wiles 1986: 13). The affirmation of the unity of faith and doctrine is often expressed in the formula lex orandi, lex credenda. However, this formula is understood rather differently by theologians, historians, and liturgists. Ironically, if we take seriously the unity between prayer and belief, we may find less certainty than traditionally ascribed to the development of doctrine.
The Apocalyptic Character of Paul’s Theology
Authors: Way David
Published: November 2023

Before the apocalyptic character of Kasemann’s interpretation of Paul can be examined it is necessary to deal with some introductory issues concerning the nature of Kasemann’s Pauline publications after 1960, his change of mind on a fundamental history-of-religions question, and his understanding of the terms, ‘eschatology’ and ‘apocalyptic’.
Extradition to European States
Authors: Stanbrook Ivor , Qc Clive Stanbrook
Published: November 2023

Extradition from the United Kingdom to most European countries is governed by the Extradition Act 1989 and the 1957 European Convention on Extradition, to which the United Kingdom acceded in 1991. It was the twenty-first country to ratify the Convention. It applies to the Islands (the Channel Islands and the Isle of Man) as well as to the United Kingdom itself. It also applies to Gibraltar and other British colonies for the following State parties: Finland, Hungary, Israel, Liechtenstein, Norway, Poland, and Switzerland.
Extradition to the Commonwealth
Authors: Stanbrook Ivor , Qc Clive Stanbrook
Published: November 2023

Extradition arrangements between the United Kingdom and the Commonwealth are based, with three exceptions, on reciprocal legislation. A model scheme was devised by representatives of the governments concerned in 1966 and has been revised at intervals since then. In general, the United Kingdom’s arrangements with the countries and colonies making up the Commonwealth are regulated by the Extradition Act 1989, subject to any relevant Order in Council. In the case of India the arrangements are supplemented by a bilateral treaty. Two members of the Commonwealth, Cyprus and Malta, are a party to the 1957 European Convention on Extradition, and are treated by the United Kingdom as such, and not as a Commonwealth country for the purpose of extradition. Otherwise, the United Kingdom has no extradition treaties with the countries of the Commonwealth.
Extradition to Other Countries, Including the USA
Authors: Stanbrook Ivor , Qc Clive Stanbrook
Published: November 2023

The United Kingdom is a party to extradition arrangements, of some kind, with most countries of the world. It has: a bilateral arrangement with the Irish Republic contained in broadly reciprocal legislation based on a backing of warrants system; general extradition arrangements based on the Extradition Act 1989 with
Extradition from Other European States
Authors: Stanbrook Ivor , Qc Clive Stanbrook
Published: November 2023

Chapter 11 of this work was devoted to the law applicable to outward extradition from the United Kingdom to the countries, in most cases those of Continental Europe, which are parties to the 1957 European Convention on Extradition. That law comprises the bulk of the Extradition Act 1989; the European Convention itself, subject to the United Kingdom’s formal reservations; and those multilateral conventions to which the 1989 Act has been applied for the purpose of extradition.
The Integrity of Transactions
Authors: McMeel Gerard , Virgo John
Published: November 2023

The starting point is the proposition that modern legal systems, through the institutions of private law, generally promote the freedom to transact. It should be the first duty of a court or tribunal to uphold, rather than invalidate, an apparently binding contract or other transaction. This commitment to transactional freedom as part of the deep structure of our civil law is based upon a policy choice. However public policy may also identify countervailing reasons why a prima facie enforceable transaction should not be accompanied by legal obligations. The main source of public policy precluding the recognition and enforcement of obligations is statutory prohibition. Two major problems have blighted English law in this context.
Intermediaries
Authors: McMeel Gerard , Virgo John
Published: November 2023

Financial products such as life insurance have traditionally often been delivered through the use of intermediaries. The insurance broker has been a familiar figure since the nineteenth century, and there has been a considerable amount of case law on their duties and responsibilities. However the majority of the case law relates to general insurance business, rather than life policies. It is therefore a delicate question as to how far one can rely on such precedents. More recently, in the life insurance and investment sectors, the broker has been joined by the independent financial adviser, the tied adviser and the appointed representative. The relationship between these various species of intermediary, and both the service provider and the customer is prima facie governed by the rules of agency developed at common law, together with a statutory overlay.
Contributory Negligence
Authors: McMeel Gerard , Virgo John
Published: November 2023

Circumstances in which scope is available for a financial consultant to raise the 18.01 partial defence of contributory negligence against a client are easy to imagine.
Discipline and Enforcement
Authors: McMeel Gerard , Virgo John
Published: November 2023

The FSA’s powers to discipline authorized firms and approved persons are distinct from its other regulatory enforcement options, for example the initiation of criminal prosecutions, the exercise of its ‘own initiative powers’3 and the power to apply for injunction and restitution orders.4 In this chapter we will focus attention upon the principal disciplinary powers to issue a statement of public censure and impose a financial penalty.
Alternative Dispute Resolution
Authors: McMeel Gerard , Virgo John
Published: November 2023

Alternative dispute resolution (‘ADR’) is now firmly embedded in the English legal landscape. In December 1993 the Practice Statement (Commercial Cases: Alternative Dispute Resolution) was issued1 indicating that the judges of the Commercial Court wished to encourage parties to consider the use of ADR.
Directives as binding instruments of legislative action
Authors: Prechal Sacha
Published: November 2023

With the statement that regulations shall have ‘general application’, the Treaty Article is saying that a regulation applies to abstract categories of persons. It lays down general rules which affect the legal position of general classes of persons. Furthermore, the Court of Justice has emphasized that these terms entail the applicability of the regulation to ‘objectively determined situations’. Decisions on the other hand can be directed to a definite number of addressees, i.e. Member States and private parties, and they only affect specific legal subjects.2 Both acts are binding in their entirety.
The addressees of a directive
Authors: Prechal Sacha
Published: November 2023

From Article 249(3) it follows that a directive can be addressed to and is binding upon Member States alone. Unlike ECSC recommendations, an EC directive cannot be addressed to subjects of Community law other than the Member States. Although directives may be directed to one Member State or to a certain number of Member States, in practice they are usually addressed to all of them. Furthermore, the fact that according to the terms of Article 249(3) the binding force of a directive exists only in relation to the Member State to which it is addressed has led the Court of Justice to decide that a directive cannot impose obligations on an individual.
Consistent interpretation
Authors: Prechal Sacha
Published: November 2023

Whenever a directive has not been correctly implemented or has not been implemented at all, an individual may find that although a provision exists which should be considered to be a part of the national legal order and which is intended to grant him rights or to allow him to benefit in other ways, his Member State’s inadequate action or inaction means he appears to be left empty handed. The actual situation is, however, less drastic. Apart from the fact that he can nevertheless rely on the directive before national authorities or other bodies which can be considered an’ emanation of the State’, an option which will not be elaborated further, he may have resort to a national court with a view to compelling observance of the directive at issue.
The ‘Great Pilgrimage’ in the Later Middle Ages, 1291–1530
Authors: Morris Colin
Published: November 2023

The final loss of Latin Syria took place on 28 May 1291, when the last resistance collapsed in the great port of Acre. The Mamluk rulers of Egypt and southern Syria had been eroding the Latin strongholds for more than thirty years. Since 1258, there had been a formidable Mongol presence established in Persia, a serious threat to the Mamluk dominions, and Mongol–Christian alliance several times resulted in common action between the Mongols, Antioch, and Armenia. The fall of Acre was rapidly followed by the abandonment of the few remaining Latin strongpoints.
The End of the Pilgrimage, 1530–1630
Authors: Morris Colin
Published: November 2023

In 1533, a noble from Maine in northern France, called Greffin Affagart, set sail from Venice for the Holy Land. He was painfully aware that the Jerusalem pilgrimage, which had endured in basically the same form for two centuries, was facing the prospect of collapse. It was to advocate its continuation that he wrote his account. He had been on the journey once already, and now was planning a long stay. Affagart was a man of conservative spirit, who was proud of being a knight of the Holy Sepulchre, and travelled with a Franciscan, Bonadventure Brochart.
Introduction
Authors: Johnston James Howard
Published: November 2023

There has been an unprecedented acceleration in the pace of research across almost the full range of the humanities in the second half of the twentieth century. It was the inevitable consequence of the expansion of the academic profession as universities proliferated and grew in size. Knowledge has grown hugely, all manner of new techniques and approaches have been developed, and there has been an immeasurable improvement in understanding of economic, social, and cultural processes and of their interplay in different material environments across different historical epochs. Nowhere has the advance been more dramatic or more exciting to participants and a wide lay audience than in one subculture (late antique studies) of a subculture (historical studies) of the humanities. Many subtle, imaginative and scholarly intelligences have contributed to a rapid extension and deepening of knowledge, but none can match the inspiration given by Peter Brown or the energizing force which his teaching and writing have imparted to research in the field. Some day a biographer will tease out some of the experiences, exterior and interior, which helped shape his character and ideas. Starting with his birth and upbringing in Dublin, the future biographer will cast an eye over the years of formal education at Aravon School in Co.
The etiquette of devotion in the Islamic cult of saints
Authors: Meri Josef W
Published: November 2023

The Qur’an embodies the pure monotheistic message revealed by God to the Prophet Muhammad, asserting the unity of God with verses such as ‘Say He God is One, the Everlasting, He did not beget nor was He begotten’. The veneration of saints and prophets and making pilgrimage to tombs and shrines posed a threat to the Unity of God and Islamic orthodoxy. However, from the conquests of the seventh and eighth centuries down to the present the veneration of saints and pilgrimage to their shrines has been an integral part of religious life for most Muslims as for most Christians in late antiquity and in medieval Europe. The absence of an ecclesiastical hierarchy in Islam did not in any way marginalize or preclude the proliferation of dynamic forms of saint veneration which were wide-spread not only in North Africa and Egypt but in most parts of the Islamic world, not least in Palestine, Syria, Iraq, and Persia. This essay focuses on the development and practice of the cult of saints in medieval Islam from the ninth through to the sixteenth centuries with particular reference to ritual practice within the ziyara or pilgrimage to saints’ tombs and to attempts of Islamic theologians to define a proper etiquette for those who visited tombs.
Choosing A Prime Minister
Authors: Brazier Rodney
Published: November 2023

The appointment by the Sovereign of a Prime Minister is an act done by virtue of the royal prerogative. In theory the Queen could commission anyone she pleased to form a government. But in practice such a notion is entirely removed from reality, because of course today the royal discretion is subject to several limiting factors, the most important of which is that in making an appointment she should commission that person who seems able to command a majority in the House of Commons. The other restraints are that the person chosen must be a Member of Parliament (or be about to occupy his seat as an MP after a general election), must not be a peer (unless he can disclaim his peerage under the Peerage Act 1963 and seek a seat in the House of Commons), and must usually be the elected Leader of his party. It is possible to go further than noting these limitations and to argue that, although the formal appointment of a Prime Minister 1s a prerogative act, the actual choice no longer normally lies with the Queen at all: in that sense the selection of a new Prime Minister does not depend upon any prerogative power.
Ministers and Departments
Authors: Brazier Rodney
Published: November 2023

The titles enjoyed by Ministers in the British government must baffle foreigners (and a few Britons). Some titles are very old and give no clue to the holders’ present ministerial responsibilities, such as the Lord Privy Seal or the Chancellor of the Duchy of Lancaster. The ministerial head of a department of state may be called a Secretary of State or (rarely, nowadays) a Minister; his deputy may occasionally have a quaint title, such as Chief Secretary to the Treasury, or Paymaster General, or he may be styled Minister of State (sometimes with an informal title as well, like Minister for Local Government); the most junior Minister in a department may be called the Parliamentary Under-Secretary of State, or simply the Parliamentary Secretary. And most ministerial styles are more of a mouthful today than they were in former times-for instance, the Minister of Defence as was is now the Secretary of State for Defence; the Parliamentary Secretary, Ministry of Health, is now the Parliamentary Under-Secretary ofState, Department of Health; and so on. Now none of this matters very much, but ministerial nomenclature requires systematic explanation if it is to be understood at all clearly.
The Opposition
Authors: Brazier Rodney
Published: November 2023

The main party out of power organizes itself for opposition, but the arrangements which it makes have far-reaching and perhaps unforeseen consequences for the shape and membership of its government when that party comes to power. The purpose of an Opposition is to oppose, but the Leader of the Opposition will be invited by the Prime Minister to co operate with him from time to time, and the Opposition will be expected to co-operate with Ministers daily in the conduct of parliamentary business. Such constitutional paradoxes need to be explored and explained. The constitutional rights and duties of the Leader of the Opposition and of the Opposition as a whole, the similarities and differences in the composition and functions of Conservative and Labour Shadow Cabinets, and the consequences of dispositions made in opposition for the transfer of power between one party and another, must all be analysed in order to get a complete picture of the parliamentary Opposition in the United Kingdom.